HomeMy WebLinkAboutFebruary 12, 2013 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
Febniary 12, 2013
After deternuning in Open Session that a quonim is present, the City Council of the City of
Denton, Texas will convene in a Closed Session on Tuesday, Febniary 12, 2013 at 1:30 p.m. in
the Council Worlc Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which
the following item will be considered:
1. Closed Meeting:
A. Deliberation regarding Personnel Matters — Under Texas Government Code
Section 551.074.
1. Deliberate and discuss the evaluation, duties, discipline, procedures, and
contracts of the Municipal Court Judge, City Attorney, City Manager, and
Internal Auditor.
Following the completion of the Closed Meeting, the City Council will convene in a Worlc
Session to consider the following:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to spealc on Consent Agenda Items only. Each
spealcer will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for Febniary 12, 2013.
3. Receive a report, hold a discussion, and give staff direction regarding the appointments
from City Council, Denton County and Rayzor Investments, LLP to the Tax Increment
Reinvestment Zone Two Board of Directors.
4. Receive a report and hold a discussion on the assessment of the Denton Development
Code by Clarion and Associates including the development of Infill and Redevelopment
regulations.
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. 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, or as otherwise allowed by law.
CLOSED MEETING
1. Closed Meeting:
City of Denton City Council Agenda
Febniary 12, 2013
Page 2
A. Deliberations regarding Real Property — Under Texas Government Code Section
551.072; Consultation with Attorneys — Under Texas Government Code Section
551.071.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in (1) the M. Yoachum Survey, Abstract No. 1442, City
of Denton, Denton County, Texas (located generally along the 200 blocic
of Mocicingbird Lane); and (2) the E. Puchalslci Survey, Abstract 996, City
of Denton, Denton County, Texas (located generally in the 1300 blocic of
Underwood Street). Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition and condemnation of the
real property described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the Denton 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 proceeding or potential
litigation.
B. Consultation with Attorneys — Under Texas Government Code Section 551.071.
1. Consult with City's attorneys regarding the status, strategy, mediation and
possible resolution of litigation styled ,Sutton, et al. v. Walte�s, Cause
Number 2011-60760-393.
2. Consult with City's attorneys regarding encroachments by other cities into
Denton's extraterritorial jurisdiction, and provide feedback and direction
regarding the strategic abatement of these encroachments.
3. Receive a briefing from, consult with and provide direction to the City's
attorneys regarding the processes associated with real property
acquisitions and delegations of authority related theretq utilizing the
power of eminent domain, where a public discussion of such legal matters
would conflict with the duty of the City's attorneys to the City of Denton,
Texas and the City Council of the City of Denton under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
4. Consult with City`s attorneys regarding the city's becoming a gas utility in
a linuted area of the city and the calling of an election regarding same.
C. Consultation with Attorney — Under Texas Government Code Section 551.071;
Deliberations regarding Econonuc Development Negotiations — Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters
regarding the leasing of land and financing of a City facility on University
of North Texas property located at I-35 and North Texas Boulevard where
such discussion presents a conflict between the duty of the City's
attorneys to the governmental body under the Texas Disciplinary Rules of
City of Denton City Council Agenda
Febniary 12, 2013
Page 3
Professional Conduct of the State Bar of Texas and the provisions of the
Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Also hold a discussion regarding the leasing of land and financing of a
City facility on University of North Texas property located at I-35 and
North Texas Boulevard, including financial information related to such
activities from a business prospect.
ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A
CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N
COMPLIANCE WITH TEXAS GOVERNIVIENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH F1NAL ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED
MEETING 1N ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS
GOVERNIVIENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOLJRN 1NT0 A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SE .(THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, 1N 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 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:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U. S. Flag
B. Texas Flag
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
3. CITIZEN REPORTS
4. 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 bacicground information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A— L). This listing is provided on the Consent Agenda to
City of Denton City Council Agenda
Febniary 12, 2013
Page 4
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— L below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the
Electric Fund with Certificates of Obligation with an aggregate maximum
principal amount equal to $32,000,000 to allow Denton Municipal Electric to
continue funding ongoing capital expenditures for expansion of the distribution
and transnussion electric facilities; and providing an effective date. The Public
Utilities Board recommends approval (5-0).
B. Consider approval of a resolution regarding a Denton Airport Branding/Marlceting
Proposal presented by the Economic Development Partnership Board for a new
Denton Airport Logq Tag Line, Anthem and Name. The Economic Development
Partnership Board recommends approval (9-0).
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to make an application with the Texas Department of Housing and
Community Affairs Emergency Solutions Grant Program and talce all other
actions necessary to obtain and implement the program; and providing for an
effective date.
D. Consider approval of a resolution creating a special seven (7) member Oversight
Committee to monitor, evaluate and report on progress of the Five Year Capital
Improvement Program, which was approved by the voters at the Bond Election on
November 6, 2012; and providing for an effective date.
E. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Professional and Personal Services Agreement with Power
Engineers, Inc., a Corporation, for engineering and other related services for
studies, consultation, and support during the site and route selection processes for
transmission line and electric substation projects for Denton Municipal Electric;
authorizing the expenditure of funds therefor; and providing an effective date
(File 5174—in an amount not to exceed $1,576,050.). The Public Utilities Board
recommends approval (5-0).
F. Consider adoption of an ordinance accepting competitive proposals and awarding
a Public Works Contract for the constniction of electric substations for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (RFP 5142—awarded to Can-Fer Utility Services, LLC in an
amount not to exceed $16,560,000). The Public Utilities Board recommends
approval (5-0).
G. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of sanitary
sewer root control services from Dulce's Root Control Inc., which is available
from only one source and in accordance with Chapter 252.022 of the Texas Local
City of Denton City Council Agenda
Febniary 12, 2013
Page 5
Government Code such purchases are exempt from the requirements of
competitive bidding; and providing an effective date (File 4553—Purchase of
Sanitary Sewer Root Control Services for the Wastewater Collections Department
in the annual estimated amount of $90,000 for a three year total not to exceed
$270,000). The Public Utilities Board recommends approval (5-0).
H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Second Amendment to an agreement with Trilliant
Networlcs, Inc. for Phases IV and V of the Advanced Metering Infrastnicture
System (AM�; providing for the expendinire of funds therefor; and providing an
effective date (RFSP 4485—Second Amendment to Agreement for Advanced
Metering System Infrastnicture awarded to Trilliant Networlcs, Inc. in the
estimated amount of $2,867,738.87). The Public Utilities Board recommends
approval (7-0).
L Consider adoption of an ordinance ordering an election to be held in the City of
Denton, Texas, on May 11, 2013, and if a ninoff election is required, on June 15,
2013, for the purpose of electing Council Members to District 1, 2, 3, and 4 of the
City Council of the City of Denton, Texas; prescribing the time and manner of the
conduct of the election to be in accordance with an agreement with the Election
Administrator of Denton County; providing a severability clause; providing an
open meetings clause; and providing an effective date.
J. Consider adoption of an ordinance ordering an election to be held on May 11,
2013 for the purpose of subnutting to the registered voters of Denton, Texas a
proposition allowing the City of Denton to own, acquire, constnict, maintain, and
operate a gas utility in that area of the City near the Airport Industrial Parlc and
more specifically described in Exhibits "A" and "B" attached thereto and
incorporated therein, for the purpose of providing gas utility services to non-
residential customers; prescribing the time and manner of the conduct of the
election to be in accordance with an agreement with Denton County; prescribing
the form of the ballot; providing for notice; providing for publication of notice of
this election; providing a severability clause; providing an open meetings clause;
and providing an effective date.
K. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute an engagement arrangement
("Engagement") with Kelsey, Kelsey & Hickey for legal services regarding
property acquisitions and claims matters related to electric transmission line and
electric substation purposes of Denton Municipal Electric; authorizing the
expenditure of funds therefor; and providing an effective date.
L. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Contract of Sale (herein so called), as attached to the ordinance and
made a part thereof as Exhibit "A", by and between the City of Denton (the
"City"), and CODELLA LLC (the "Seller") contemplating the sale by Seller and
purchase by City of a 2.486 acre tract of land, more or less, situated in the T.M.
Downing Survey, Abstract Number 346, in the City of Denton, Denton County,
Texas, as more particularly described in Exhibit "A" to the Contract of Sale (the
City of Denton City Council Agenda
Febniary 12, 2013
Page 6
"Property Interests"); for the purchase price of Three Hundred Fifty Thousand
and No/100 Dollars ($350,000.00); authorizing the City Manager, or his designee,
to execute and deliver any and all other documents necessary to accomplish
closing of the transaction contemplated by the contract of sale; authorizing the
expenditure of funds therefore; and providing an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations/appointments to the City's Boards and Commissions:
1. Capital Improvement Program Oversight Comnuttee.
2. Tax Increment Reinvestment Zone Two Board of Directors
6. CITIZEN REPORTS
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upconung
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be talcen, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a renunder about an upconung event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certif�T that the above notice of ineeting ���as posted on the bulletin board at the CittT Hall of the CittT of
Denton, Teias, on the da�T of , 2013 at o'clocic (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST
48 HOURS 1N 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 1NTERPRETER CAN
BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE.
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 12, 2013
Econonuc Development
John Cabrales
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Receive a report, hold a discussion, and give staff direction regarding the appointments from
City Council, Denton County and Rayzor Investments, LLP to the Tax Increment Reinvestment
Zone Number Two Board of Directors.
BACKGROUND
On December 18, 2012, the City Council adopted Ordinance 2012-366, designating and
describing the boundaries of Tax Increment Reinvestment Zone (TIRZ) Number Two for an
industrial district of Denton, Texas; establishing the duration of the Zone; establishing a Tax
Increment Fund; and establishing a Board of Directors for the Tax Increment Reinvestment
Zone. The TIRZ was created to provide the public infrastnicture necessary to encourage
development in the largest industrially zoned area (Westparlc) in the City.
TIRZ Board Structure: The TIRZ Board will be comprised of 11 members. The City
Council will appoint 9 members and designate the board Chair. The governing bod�T of Denton
Count�T, ���hich levies taies on real propert�T in TIRZ Number T���o, ���ill appoint one board member.
Ra�Tzor Investments, LLP the "Developer" ���ill appoint a single board member.
RECOMMENDATION
Staff recommends that the Council consider appointing the 9 member Econonuc Development
Partnership (EDP) Board plus one representative from Denton County and one member from
the Developer. This proposed board stnicture is recommended to streamline the process, as the
same group of individuals would also be worlcing on other incentive agreements for these
proj ects. Board members will serve staggering terms not to exceed three consecutive terms.
The following are Board Member Recommendations:
Vir il Stran e Axiom Commercial Com an
Gre Johnson Versus Real Estate Advisors
Denn Aldrid e James Wood Auto Parlc
Cleve Breedlove Access Banlc of Texas
Marlc Burrou hs Cit of Denton Ma or
Dalton Gre o� Cit of Denton Councilman
Caleb O'Rear Denton Re ional Medical Center
Dr. V. Lane Rawlins President, Universi of North Texas
Carrell Ann Simmons Meridian Banlc of Texas
Everette Newland (a ointed) Denton Count
Sel n Ra zor (a ointed) Ra zor Investments, LLC
Agenda Information Sheet
Febniary 12, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
The following represents the steps of the project:
The City Council will appoint 9 of the 11 TIRZ Board members and Febniary 2013
designate the Board Chair
The City will notify the State Comptroller of the TIRZ establishment Febniary 2013
and artici atin taxin entities
The Board will meet to review and approve the final Project and March/Apri12013
Financing Plans to present to the City Council for approval. The
Board will also review and malce a recommendation on the
Develo er's A reement.
The TIRZ Board will provide an Annual Report to City Council and Febniary 2014
Comptroller on the TIRZ Fund and project activity, which is due 150
da s followin the end of the fiscal ear.
PRIOR ACTION/REVIEW
City Council adopted an Ordinance accepting an Agreement with Denton County to participate
in Tax Increment Reinvestment Zone, Number Two; authorizing the City Manager to execute
the Agreement on Febniary 5, 2013. The City Council adopted Ordinance 2012-366
designating and describing the boundaries of a TIRZ Number Two; established the duration of
the Zone; established a Tax Increment Fund and established a Board of Directors for the Tax
Increment Reinvestment Zone on December 18, 2012. The Council also received reports on
the TIRZ proposal at the July 17, 2012, September 11, 2012 and December 7, 2012 (Closed
Session) meetings.
The Econonuc Development Partnership Board discussed the TIRZ Number Two at eight
meetings in 2012 and recommend approval of the TIRZ 9-0.
FISCAL INFORMATION
It is estimated that the TIRZ would generate approximately $14,275,430 over a 25 year period
for infrastnicture improvements. The City and County would contribute $10,033,470 and
$4,241,960 into the TIRZ Fund, respectively. The City would retain $43,926,530 and the
County would retain $18,862,910 over the life of the TIRZ.
EXHIBITS
1. Denton County Board Appointment
2. Rayzor Investments, LLP Board Appointment
3. Febniary 7, 2013 Memo to Council
-2-
Agenda Information Sheet
Febniary 12, 2013
Page 3
Prepared by:
� �� �
Erica Sullivan, Economic Development Analyst
Econonuc Development Department
Respectfully subnutted:
t.i� J , � .. � �
Aimee Bissett, Econonuc Development Director
Econonuc Development Department
-,
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Hugh Coleman
Precinct 1
Ron Marchant
Precinct 2
February 5, 2013
Mr. Everette Newland
8485 Jim Christal Rd.
Denton, TX 76207
Dear Mr. Newland:
EXHIBIT 1
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Bobbie J. Mitchell
Precinct 3
Andy Eads
Precinct 4
On Tuesday, February 5, 2013, Denton County Commissioners Court approved your
appointment to the City of Denton Westpark Tax Increment Reinvestment Zone as the
Commissioners Court's representative.
Commissioners Court would like to take this time to thank you for your service to Denton
County on this board. It is people like you who make Denton County a great place to live. If you
have any questions, please contact Barbara Looper, Aide-to-the-Court, at 940-349-2830.
Yours truly,
W
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Denton County Judge
Courthouse-�n-The-Square • 110 West Hickory • Denton, Texas 76201
(940) 349-2830 • Fax (940) 349-2831 • www.dentoncounty.com
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EXHIBIT 2
From: Bissett, Aimee
To: Davis. Christina A.
Subject: FW: Westpark TIRZ Board Appointment for Rayzor Investments
Date: Wednesday, February 06, 2013 11:26:05 AM
-----Original Message-----
From: selwynrayzor@aol.com [mailto:selwynrayzor(a�aol.com]
Sent: Monday, February 04, 2013 2:27 PM
To: Bissett, Aimee
Cc: Cabrales, John J.; Sullivan, Erica A.; pabaker@rayzorcompany.com
Subject: Re: Westpark TIRZ Board Appointment for Rayzor Investments
Dear Aimee,
I will be representing Rayzor Investments on the board. I look
forward to meeting you!
Kindest regards,
Selwyn Rayzor
-----Original Message-----
From: Bissett, Aimee <Aimee.Bissett@cityofdenton.com>
To: 'douglaselliot219@gmail.com' <douglaselliot219@gmail.com>; 'pabaker@rayzorcompany.com'
<pabaker@rayzorcompany.com>; 'selwynrayzor@aol.com' <selwynrayzor@aol.com>
Cc: Cabrales, John J. <John.Cabrales@cityofdenton.com>; Sullivan, Erica A.
<Erica.Sullivan@cityofdenton.com>
Sent: Mon, Jan 28, 2013 11:12 am
Subject: Westpark TIRZ Board Appointment for Rayzor Investments
Mr. Elliott, Ms. Rayzor, and Mr. Baker; As the new Economic Development Director with the City of
Denton, I wanted to reach out to you and give you an update on the establishment of the Westpark Tax
Increment Reinvestment Zone. In December of 2012, City Council approved the establishment of this
TIRZ and created a Board consisting of eleven members. Nine members will be appointed by City
Council (most likely the Economic Development Partnership Board). Denton County will appoint one
member as well, since they have agreed to participate in the TIRZ.
As the Developer, Rayzor Investments also has one appointment.
Currently, City Council is scheduled to approve the appointments at the February 12th Council Meeting.
The only eligibility requirements outlined in the Tax Increment Financing Act are as follows: • Must be
18 years of age or older• Must live in Denton County or own property inside the Tax Increment
Reinvestment Zone Would one of you let me know what your process will be for making an
appointment to represent your interests on this Board? If you have not named your appointment by
February 12th, that should be fine. However, I would like to brief City Council on your timeline and
process for appointment. Please let me know if you have any questions or need additional information. I
look forward to working with you in the future. Sincerely, Aimee BissettEconomic Development
DirectorCity of
Denton(940) 349-7776 main(940) 349-7774 direct
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EXHIBIT 3
215 E. McKinney
Denton, Texas 76201
(940) 349-7776 phone
(940) 349-8596 fax
Economic Development Department
February 7, 2013
Mayor and City Council Members
Aimee Bissett, Director of Economic Development
Westpark TIRZ Board Appointments
On February 12, you will be asked to consider board appointments. The
Westpark TIRZ was created on December 18, 2012, and per the ordinance, the
City Council shall appoint nine of the eleven board members "within 60 days after
the passage of the ordinance or within a reasonable time thereafter." Denton
County and the Developer, Rayzor Investments, each have one appointment as
well. As you remember, the Westpark TIRZ Board membership is structured as
follows:
Nine Members shall be appointed by City Council (staff has recommended
utilizing the Economic Development Partnership Board for these nine
appointments)
One Member shall be appointed by Denton County, since they have
agreed to participate in the TIRZ
One Member shall be appointed by Rayzor Investments, LLC, as the
Developer
The only eligibility requirements outlined in the Texas Tax Code are: a) Members
must be at least 18 years of age, and b) Members must live in Denton County or
own property in the Westpark TIRZ.
Staff recommends that the Council consider appointing the 9 member Economic
Development Partnership (EDP) Board plus one representative from Denton
County and one member from the Developer. Denton County has appointed
Everette Newland, and Rayzor Investments has appointed Selwyn Rayzor. This
proposed board structure is recommended to streamline the process, as the
same group of individuals would also be working on other incentive agreements
for projects in the TIRZ. Board members will serve staggering terms not to
exceed three consecutive terms.
Please feel free to call if you have any questions.
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 12, 2013
Planning & Development
John Cabrales
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Receive a report and hold a discussion on the assessment of the Denton Development Code by
Clarion and Associates including the development of Infill and Redevelopment regtilations.
BACKGROUND
The Planning and Development Department has commenced the review of the Denton
Development Code (DDC) with the consultant, Clarion and Associates (Clarion). The consultant
is present this weelc as part of Phase I to tour the City, conduct interviews, and discuss with staff
any questions concerning the information they have received.
The tour will consist of visits to several sites around town, including residential, commercial, and
industrial developments, to review the existing development pattern that has resulted from the
application of the DDC, the Denton Plan, and the City development policies and procedures.
This will include site layout, building orientation and elevations, exactions, and infill
development. This will provide the consultant with a frameworlc to discuss with interviewees
strengths, wealcness, opportunities, and challenges in developing in Denton.
Clarion will also host almost two full days of interviews with City staff, several Boards and
Commission members, the development community, Chamber of Commerce representatives, and
the Downtown Task Force to get their feedback on the DDC and any other development issues
including the development of Infill and Redevelopment regtilations. Staff will continue to
provide updates on the progress of this project.
Prepared by:
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Director, Planning and Development
Respectfully Submitted by:
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John Cabrales
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013
DEPARTMENT: Finance
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse
expenditures from the Unreserved Fund Balance of the Electric Fund with Certificates of
Obligation with an aggregate maximum principal amount equal to $32,000,000 to allow Denton
Municipal Electric to continue funding ongoing capital expenditures for expansion of the
distribution and transmission electric facilities; and providing an effective date. The Public
Utilities Board recommends approval (5-0).
BACKGROUND
Denton Municipal Electric is utilizing $32,000,000 in Certificates of Obligation (COs) for
ongoing capital expansion of the distribution and transmission facilities. The COs will only be
issued to cover the cost of planned electric capital facilities. Initially, these funds will be
provided by the Unreserved Fund Balance of the Electric Fund and will be reimbursed with COs
sold in Fiscal Year 2012-13. These funds will be used for the Denton Municipal Electric
facilities that were approved as part of the FY 2012-13 Capital Improvement Budget. It is
anticipated that the COs will be sold in the Spring or early Summer of 2013.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)
The Public Utilities Board (PUB) considered this item at the January 28, 2013, meeting and
recommended approval of this item.
FISCAL INFORMATION
This ordinance will allow $32,000,000 from the Electric Fund Unreserved Fund Balance to be
expended and subsequently reimbursed with COs.
EXHIBITS
1. Public Utilities Board Draft Minutes
2. Ordinance
Respectfully submitted:
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Bryan Langley
Assistant City Manager
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 28, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 28, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present:
Absent:
Chairman Dic1c Smith, Randy Robinson, Barbara Russell, Leonard
Herring and Phil Gallivan
Vice Chair Billy Cheelc and Lilia Bynum
15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
16
17 ITEMS FOR INDIVIDUAL CONSIDERATION:
18
19 6. Consider recommending approval of an ordinance of the City of Denton, Texas to declare the
20 intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with
21 Certificates of Obligation with an aggregate maximum principal amount equal to
22 $32,000,000 to allow Denton Municipal Electric to continue funding ongoing capital
23 expenditures for expansion of the distribution and transmission electric facilities; and
24 providing an effective date.
25
26 Item #6 was pulled by Board Member Herring.
27
28 Herring asked about the financing of the CIl' projects. Money is being spent and Herring
29 would like to know where it is coming from. Bryan Langley, ACM, stated that this is a
30 reimbursement ordinance. What it allows is by Council passing this ordinance staff can go ahead
31 and start the projects and issue the PO's and began spending those dollars. Staff will not spend it
32 all but over the next couple of months we will be able to start projects. We will have our bond
33 sale which is typically in April or May. Those bonds will be sold and will reimburse those
34 projects. We will take our existing cash and start the projects and start spending so we can move
35 the projects along. If the bonds for fire station improvements are in April or May this could get
36 pushed to June. This is just a timing issue. Martin added this reimbursement resolution is good
37 for 18 months. This will allow us to move forward on the CIP earlier than we sell bonds. The
38 bonds will be sold and reimburse for the expense. Electric has a rate stabilization fund in the
39 area of $80 million. We are using part of that with the idea it will be paid back when the bonds
40 are sold. Herring asked how long the bonds are for. Langley stated most are 20 years.
41
42 Gallivan asked if there was a purpose when you decide on certificate of obligation versus
43 bond. Langley responded that certificates of obligation are a financing tool that we have under
44 state law that allows the City to issue the debt without voter approval much like a revenue bond
45 but carries the full credit of the City. There is a notice period where a notice of intent is filed,
46 that has to be published in the news paper and let the public lcnow that within 30 days this debt is
47 expected to be sold. Herring asked if the public votes on the long term financing of our
Draft Minutes of the Public Utilities Board Meeting
January 28, 2013
Page 2 of 2
1 Capital Improvements. Langley responded no. George Campbell, City Manager, added that
2 when a revenue bond is issued they are not voter approved.
4 A motion to approve item 6 was made by Board Member Herring with a second by Board
5 Member Russell. The vote was 5-0.
6
7 Adjournment 10:20a.m.
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE 1NTENT TO
REIMBURSE EXPENDITLJRES FROM THE LJNRESERVED FLJND BALANCE OF THE
ELECTRIC FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE
MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $32,000,000 TO ALLOW DENTON
MCTNICIPAL ELECTRIC TO CONTIN[_JE FLJNDING ONGOING CAPITAL
EXPENDITLJRES FOR EXPANSION OF THE DISTRIBUTION AND TRANSMISSION
ELECTRIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in
connection with the design, planning, acquisition and constniction of the projects described on
Exhibit "A" hereto (collectively, the "Projects") prior to the issuance of Certificates of
Obligation which are tax-exempt obligations, tax-credit obligations and/or obligations for which
a prior expression of intent to finance or refinance is required by Federal or state law
(collectively and individually, the "Tax-Preferred Obligations") to finance the Proj ects; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such
payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of Tax-
Preferred Obligations, with an aggregate maximum principal amount equal to $32,000,000 for
purpose of paying the costs of the Proj ects.
SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No
Tax-Preferred Obligations will be issued by the Issuer in furtherance of this ordinance after a
date which is later than 18 months after the later of (1) the date the expenditures are paid or (2)
the date on which the property, with respect to which such expenditures were made, is placed in
service.
SECTION 3. The foregoing notwithstanding, no Tax-Preferred Obligation will be issued
pursuant to this ordinance more than three years after the date any expenditure which is to be
reimbursed is paid.
SECTION 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed
with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit
obligations shall be issued after 18 months of the date the original expenditure is made.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Denton Municipal Electric
2013 Reimbursement Ordinance Projected Capital Expenditures
Projected Expenditures through July 2013
Actual
Expenditures Encumbrances Additional Total Projected
2013 Approved Thru thru Project thru Exp thru
ProjectsCategories Plan 12/31/2012 12/31/2012 07/31/2013 07/31/2013
Automated Meter Reading Project 2,955,487 90,594 - 2,228,250 2,318,844
Major Substation Expenses
Bonnie Brae - magnetic gates - - 165,000
Audra/Crossroads (New East Substation) 3,897,300
Engineering for all substations - - 10,296,000
Land Acquisition 1,650,000
Major Substation Expenses 30,487,000 3,337,312 1,646,318 16,008,300 20,991,930
Major Transmission Line Expenses
Spencer to Kings Row TL (land) - 4,400,000
Total Transmission Line Planned Expenses 35,050,000 467,052 - 4,400,000 4,867,052
Distribution Transformers 1,778,214 213,242 614,337 739,383 1,566,962
Distribution Feeders & Extensions 8,883,548 1,027,058 575,863 5,662,710 7,265,631
New Residential & Commercial 3,131,025 490,015 104,425 1,972,899 2,567,339
Other 2,303,130 531,535 544,138 954,689 2,030,362
TOTAL 84,588,404 6,156,808 3,485,081 31,966,231 41,608,120
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013
DEPARTMENT: Airport �
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion and consider a resolution regarding a Denton Airport
Branding/Marlceting Proposal presented by the Economic Development Partnership Board for a
new Denton Airport Logq Tag Line, Anthem and Nan1e. Economic Development Partnership
Board recommends approval (9-0).
BACKGROUND
This item is brought back to the City Council from the meeting on December 18, 2012 when it
was tabled until Febniary 12, 2013 for further consideration. Staff was directed to discuss the
proposal from the Economic Development Partnership Board (EDPB) at their meeting on
Febniary 5, 2013 in order to confirm their recommendation. The EDPB received input from
staff and interested stakeholders and affirmed their previous action to recommend approval of
the Branding/Marlceting Taslc Force proposal.
In March 2011, the Denton City Council passed Ordinance No. 2011-042 which expanded the
duties of the EDPB to include branding and marlceting for the Denton Airport in support of the
Denton Airport 2010 Business Plan, as well as duties related to Airport economic development.
EDPB membership was expanded to include a member lcnowledgeable of aviation. Cleve
Breedlove was subsequently appointed as the aviation representative of the EDPB.
In December of 2011, an Airport Branding Taslc Force (ABTF) was formed by staff under the
direction of the EDPB and Cleve Breedlove was appointed as Chairman (Exhibit 1). The ABTF
assumed two primary responsibilities:
1: Name, Branding/Identitv Project
This assignment was to consider (1) name, (2) theme line, (3) "anthem" statement in various
lengths to capture the Airport story in a way it could be used for developing marlceting materials,
and, (4) logo. Additionally, the ABTF considered (5) graphical representation of the logo and
theme line as one or separate graphic elements. The marlceting consultant Sullivan Perlcins was
engaged to create multiple options for each of these five branding elements for consideration by
the ABTF.
Agenda Information Sheet
Febniary 12, 2013
Page 2
2: Basic Stationerv Items
Once approved, the new identity would be applied to business cards, letterhead, envelopes,
mailing labels and other basic stationery items as needed. The services of Sullivan Perlcins
included creating multiple options and prepping final files for use by a printer of choice to
produce marketing materials using the new Denton Airport brand.
PRIOR ACTION
July 10, 2012 - The ABTF presented their preliminary considerations to the EDPB regarding a
new Denton Airport name, logo and tag line to be used in marlceting Airport
development to prospective aviation business and industry.
September 12, 2012 - The Airport Advisory Board (AAB) discussed the ABTF recommendation
at their meeting regarding each of the four proposed changes. There was
unanimous support for each of the changes except the Airport name, which was
supported with one dissenting opinion.
October 2, 2012 - The Economic Development Partnership Board discussed the Taslc Force
recommendation at their meeting and voted 9-0 to recommend the new logq tag
line, anthem and name to the City Council for consideration.
December 18, 2012 - Following a citizen report regarding this matter, the City Council directed
staff to discuss the proposal with the EDPB for affirmation of their
recommendation. The City Council tabled further action on the
recommendation until their meeting on Febniary 12, 2013.
February 5, 2013 — The EDPB discussed the Airport Logq Tag Line, Anthem and Name and
confirmed their proposal to recommend this Airport Branding to the City
Council.
RECOMMENDATION
Exhibit 2 is a draft City Council Resolution with attached branding documents that are
recommended by the EDPB and Airport Staff for approval.
EXHIBITS
1. Airport Branding Taslc Force Membership
2. Resolution
Respectfully submitted:
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Quentin Hiz
Director of Aviation
Exhibit 1
Airport Brandin� Task Force
Chair: Cleve Breedlove
AAB Chair: Bob Eames
UNT Aviation Program: Steve Schwartz
Airport Business (2):
• leff Soules, US Aviation Group
• Mike Sutphin, Owner, Avionics International Supply (AIS)
Airport Non-Business (2):
• �andon Sproell, Peterbilt Engineer, leases a hangar
• Rick Woolfolk, Raymond lames Financial Services, (former Airport Board Member)
Staff Representatives (2):
• Karen Dickson, CEcD, Vice President, Denton Economic Development Partnership
• Quentin Hix, Director of Aviation, City of Denton
\\codad\departments\legal\our documents\resolutions\13\airport name change, logo, anthem.doc
RESOLUTION NO. R2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, TO
ADOPT A BRANDING/MARKETING PROPOSAL PRESENTED BY THE ECONOMIC
DEVELOPMENT PARTNERSHIP BOARD FOR A NEW DENTON AIRPORT LOGO, TAG
LINE, ANTHEM AND NAME; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, The Airport Branding/Marlceting Taslc Force (Task Force) of the Economic
Development Partnership conducted a study of the Denton Airport guided by the professional
consulting firm of Sullivan-Perlcins for the purpose of determining best practices for conducting
business development at Denton Airport; and
WHEREAS, the Taslc Force presented a proposal to the Economic Development
Partnership Board (EDPB) on October 2, 2012 that was unanimously adopted by the EDPB for
recommendation to the City Council; and
WHEREAS, the EDPB recommends a new Airport Logo, Tag Line, Anthem and Name
for the Denton Municipal Airport; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The name for the Denton Municipal Airport is hereby changed to become
Denton Enterprise Airport.
SECTION 2. The Denton Enterprise Airport Logo, Tag Line and Anthem are hereby
adopted in substantially the same form as attached to this Resolution and made a part hereof.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Attachment 2
Denton Enterprise Airport
DFW access, extraordinary business.
Welcome to Denton Enterprise Airport, where serving business is the first order of business.
We are in the right place to serve enterprise on the rise. We are advantageously positioned at the top of
the enterprise triangle formed by Denton, Dallas and Fort Worth. So we are the natural choice for
companies doing business in DFW north, offering executives an easier, quicker, more convenient way to
get ahead.
Denton Enterprise Airport is also a convenient stopover for transcontinental flights. Since I-35 East and
West meet at our front door, we are a vital link in the corporate supply chain.
Our airport includes a 7,000 x 150-foot runway, 500,000-square-feet of hangar space, on-site avionics,
superior Fixed Base Operators, full-service aeronautical maintenance and repairs, and a flight school.
And like our area's enterprises, we are primed for continued growth. We have more than 250 acres of
land available for lease development.
Of course, it takes more than just first-rate facilities to land prime business aviation clients. It takes a
commitment to service that is above and beyond. Speed matters, and so does convenience. Style
counts, too. So Denton Enterprise Airport is an easy experience, getting travelers in and out as quickly
and conveniently as possible. We provide not just business aviation, but a business class atmosphere
that high-flying executives — and their spouses — appreciate.
At Denton Enterprise Airport, business travelers will find less congestion, more convenience and easier
access to businesses in our region. The citizens of Denton will find an economic engine, which will
increase our prosperity and prestige and attract new aviation services and surrounding development in
years to come.
With top-flight amenities to serve business and a prime location to provide DFW access, Denton
Enterprise Airport is just plane easier.
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 12, 2013
Planning and Development
John Cabrales, Jr. �� ��
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
malce an application with the Texas Department of Housing and Community Affairs Emergency
Solutions Grant Program and talce all other actions necessary to obtain and implement the
program; and providing for an effective date.
BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA) has released the Notice of
Funding Availability (NOFA) for Emergency Solutions Grant (ESG) Program that provides
assistance to the homeless and those at-rislc of beconung homeless.
In 2012, the City of Denton was awarded four hundred seventy-two thousand one hundred forty
dollars and fifteen cents ($472,140.15). This is a$309,430.15 increase, approximately 290%
more than was awarded to the City in 2009-10.
The 2012-2013 ESGP Award was utilized to support the services of four Denton County
agencies that provide assistance to the homeless and those at-rislc of becoming homeless. The
four (4) subrecipient agencies are Giving HOPE Inc. (previously HOPE, Inc.), Christian
Community Action (CCA), The Salvation Army-Denton, and Denton County Friends of the
Family.
RECOMMENDATION
Staff recommends moving forward with subnussion of the grant application to the Texas
Department of Housing and Community Affairs Emergency Solutions Grant Program.
ESTIMATED PROJECT SCHEDULE
The ESGP Award term is from October 1, 2013 to September 30, 2014.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Denton County Homeless Coalition, the designated lead organization for the local Homeless
Continuum of Care, reviewed and supported the Emergency Solutions Grant Program
application.
Agenda Information Sheet
Febniary 12, 2013
Page 2
FISCAL INFORMATION
The Emergency Solutions Grant Program requires a 100% match. The match will consist of
employee salaries, donated facilities, donated supplies, cash donations, and volunteer hours. The
match will be provided primarily by the subrecipients but, could also include Community
Development staff salaries.
Respectfully subnutted:
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Director Planning & Development
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Community Development Administrator
s:\legal\our documents\ordinances\13�2013-14 esg ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO MAKE AN APPLICATION WITH THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNTY AFFAIRS EMERGENCY SOLUTIONS GRANT PROGRAM
AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN AND IMPLEMENT THE
PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the provision of services to
residents who are homeless and with providing decent housing, a suitable living environment,
and assisting homeless households to achieve self sufficiency; and
WHEREAS, the City of Denton, Texas, pai�ticipates in the Denton County Homeless
Coalition providing a continuum of care for homeless and potentially homeless households; and
WHEREAS, the City of Denton, Texas, wishes to apply through the Emergency
Solutions Grant Program, as authorized by the Stewart B. McKinney Homeless Assistance Act
of 1987, Title IV, as amended (U.S. Code; 42 USC 11371 et seq.), and as administered through
the United States Department of Housing and Urban Development; and
WHEREAS, the Texas Legislature has designated the Texas Department of Housing and
Community Affairs as the administering agency for the Emergency Solutions Grant Program
pursuant to Sec. 2306.094, Texas Government Code; and
WHEREAS, the City of Denton, Texas, intends to sub-contract with local social service
agencies to provide services through the Emergency Solutions Grant program; and
WHEREAS, the Texas Department of Housing and Community Affairs requires the
appropriate certifications and the City Council deems it in the public interest to authorize the
City Manager to execute a grant agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton, Texas, authorizes the City
Manager to sign and submit grant application to the Texas Department of Housing and
Community Affairs Emergency Solutions Grant Program and all appropriate officials thereof,
together with all necessary certiiications, grant agreements and other documents as well as
appropriate resources for entitlement of funds under the Stewart B. McKinney Homeless
Assistance Act of 1987, as amended and Emergency Solutions Grant Program pursuant to Sec.
2306.094 of the Texas Government Code., and all other applicable laws, as necessary to obtain a
grant under the Emergency Solutions Grant Program to provide services to homeless residents of
Denton. The City Manager is authorized to take all other actions necessary to execute an
agreement and administer this grant including execution of agreements with each of the
designated subrecipient organizations.
SECTION 2, The City Council of the City of Denton, Texas, authorizes the Community
Development Administrator to sign and submit to the Texas Department of Housing and
Community Affairs and all appropriate officials thereof, amendments, change orders, together
with all necessary certifications, and other documents, under the supervision of the City
Manager, to handle all fiscal and administrative matters relating to the administration of the
Emergency Solutions Grant Program, if it is funded and all other matters connected therewith.
SECTION 3. The City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
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Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013
DEPARTMENT: City Manager's Office
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ACM: Bryan Langley
SUBJECT
Consider approval of a resolution creating a special seven (7) member Oversight Committee to
monitor, evaluate and report on progress of the five year Capital Improvement Program which
was approved by the voters at the Bond Election on November 6, 2012, and providing an
effective date.
BACKGROUND
The voters overwhelmingly approved (78% for and 22% against) the City of Denton's $20.4
million Bond Program on November 6, 2012. The Council-appointed Citizens Bond Advisory
Committee assisted in developing a specific set of recommendations to talce to the voters for
their approval. In the past, the City Council has created citizen bond program oversight
committees to provide guidance when potential changes or adjustments to the bond program
projects occur. These committees were comprised of inembers from the original bond
committee, and typically, the oversight committee members were selected due to their role as
subcommittee chairs.
In conjunction with the Council's consideration of nominations/appointments for the City Boards
and Commissions later this evening, the Council will consider the appointment of inembers to
this committee.
RECOMMENDATION
Staff recommends approval of the resolution.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
Voters approved the $20.4 million Bond Program on November 6, 2012.
FISCAL INFORMATION
Approximately $4.0 million in bonds of the voter approved $20.4 million Bond Progranl will be
issued each year over the next five years.
EXHIBITS
Draft Resolution
Respectfully submitted:
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Bryan Langely
Assistant City Manager
s:\legal\our documentsUesolutions\l3\oversight committee.doc
RESOLUTION NO.
A RESOLUTION CREATING A SPECIAL SEVEN (7) MEMBER OVERSIGHT
COMMITTEE TO MONITOR, EVALUATE AND REPORT ON PROGRESS OF THE FIVE
YEAR CAPITAL IMPROVEMENT PROGRAM, WHICH WAS APPROVED BY THE
VOTERS AT THE BOND ELECTION ON NOVEMBER 6, 2012; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council called and ordered a bond election for November 6, 2012,
for the purpose of submitting to the voters of the City of Denton certain capital improvements,
which bonds were approved by the voters as a result of the election; and
WHEREAS, the Citizens Bond Advisory Committee fulfilled its charge of making
recommendations relative to the projects which should be submitted to the electorate; and
WHEREAS, as has been the practice and is recommended that a special committee be
appointed by the City Council to monitor, evaluate, and report on the progress of the Five Year
Capital Improvement Program; and
WHEREAS, the City Council is desirous of accepting such recommendation; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council hereby creates a special seven (7) member oversight
committee to monitor, evaluate, and report on the progress of the Five Year Capital Improvement
Program, which was approved by the voters at the bond election on November 6, 2012. The
committee shall make recommendations to the City Council when potential changes or
adjustments to the bond projects occur.
SECTION 2. The Oversight Committee shall serve for five years or until substantial
expenditure of the funds from the approved bond program.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013
MARK A. BURROUGHS, MAYOR
s:\legal\our documenulresolutionsU3\bond committee reso 021213.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � � � (. - F
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Page 2
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349-8487
ACM: Bryan Langley ���`�
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Professional and Personal Services Agreement with Power Engineers, Inc., a Corporation, for
engineering and other related services for studies, consultation, and support during the site and
route selection processes for transmission line and electric substation projects for Denton
Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date
(File 5174—in an amount not to exceed $1,576,050). The Public Utilities Board recommends
approval (5-0).
FILE INFORMATION
The current Capital Improvement Plan (CIP) contains 12 substation projects and seven
transmission line projects requiring acquisition of land or land rights. The 2014-2018 CIl' is
expected to include three or more additional station locations. Completing these land actions
will require siting, routing, and environmental studies and consultations on the public
involvement and approval processes. Some will require preparation of photo simulations. This
contract is for consultation and support services that will be needed for the acquisition of land or
land rights for these CIP projects. A detailed description of the background and services to be
performed is included in the Public Utilities Board Agenda Information Sheet (Exhibit 1).
The City Council approved a contract with Power Engineers, Inc. on Augtist 7, 2012, for the
Locust to Hicicory transmission line reconstniction and for three substation site acquisitions.
Siting for two of the three substations in the contract is complete. The worlc and consultation that
Power Engineers, Inc. has provided to date under that contract has been excellent. Additionally,
Power Engineers, Inc. has maintained an extensive and successful work history in transmission
related projects for the Public Utilities Comnussion, City of San Antoniq City of Austin, and
other governmental entities. Therefore, staff is recommending continuing using them for the
upcoming CIP proj ects.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 28, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
Agenda Information Sheet
Febniary 12, 2013
Page 2
RECOMMENDATION
Approve a Professional and Personal Services Agreement between the City of Denton and Power
Engineers, Inc. in an amount not to exceed $1,576,050.
PRINCIPAL PLACE OF BUSINESS
Power Engineers, Inc.
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
The services to be performed will begin immediately upon Council approval. The agreement will
remain in effect for the period which may be reasonably required for completion of the proj ect.
FISCAL INFORMATION
The charges for worlc under this contract will not exceed $1,576,050 and will be funded out of
amounts budgeted for specific projects. Much of the work proposed will be in the transmission
category. These costs for transmission projects will ultimately be recovered through the Public
Utility Commission Transmission Cost of Service Program (TCOS).
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet
Exhibit 2: Draft Public Utilities Board Minutes
Respectfully submitted:
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-RFY 5115
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE: January 28, 2013
DEPARTMENT: Utilities
UTILITIES ACM: Howard Martin, Utilities, 349-8232 �
SUBJECT
Consider recommending approval of a Professional and Personal Services Agreement with
Power Engineers, Inc., for studies, consultation, and support during the site and route selection
processes for transmission line and substation projects in an amount not to exceed $1,576,050.
(File #5174)
BACKGROUND
The current CIl' contains 12 substation projects and seven transmission line projects requiring
acquisition of land or land rights. The 2014 — 2018 CIl' is expected to add three or more station
locations to that number. The PUB and Council have approved an approach for substation siting
and transmission line routing that invites public involvement. Completing these land actions will
require siting, routing, and environmental studies and consultations on the public involvement
and approval processes. Some will require preparation of photo simulations. A contract with
Power Engineers was previously approved in August 2012 for completing the siting, routing, and
environmental studies; preparing documentation and displays; and assisting with the public
involvement processes for the Locust to Hicicory transmission line reconstniction and for three
substation site acquisitions. The worlc and consultation that Power Engineers has provided to
date under that contract have been excellent. Siting for two of the three substations in the
contract is complete. Worlc on the transmission line routing so far has been comprehensive. Rob
Reid and his staff at Power Engineers specialize in providing these types of services.
DME originally selected Power Engineers based on their demonstrated extensive and successful
worlc with other entities, including San Antoniq Austin, and worlc with the Public Utilities
Commission ("PUC") on CREZ projects. Rob Reid, with Power Engineers has testified
successfully before various city councils and before the PUC many times on the subject of
transmission line routes and substation sites. The proposal from Power Engineers, included as
Attachment 1 to the proposed contract (Exhibit 1), contains detailed information on approach and
deliverables. Exhibit 2 is a summary of the process that will be followed, as appropriate, in the
proposed acquisitions. In areas where easements are being expanded, full routing studies will not
be undertalcen because the line is not being moved. Exhibit 3 is a drawing showing the locations
of transmission line projects The transmission project map has a legend that identifies the
various types of projects (new line, full routing study, easement expansion, etc.). Exhibit 4 is a
AIS — PUB Agenda Item #2
January 28, 2013
Page 2 of 3
drawing showing the sites were land acquisition is anticipated for substations. Both Exhibit 3
and Exhibit 4 include the proj ects covered in the original Power Engineers contract.
The proposal estimate was constnicted using all projects that are expected. The details of the
estimate are contained in the proposal on pages 15 and 42 (Attachment 1 to the proposed contract
in Exhibit 1). As with any set of projects for an extended period, new requirements could
intervene or marlcet or system dynamics could require that other projects be introduced or that
timings for projects be changed. The estimated cost stated in the proposal is $1,501,000, but it
is problematic to predict with certainty how any specific proj ect will progress or what the actual
factors might be during the approval process. Consequently, an amount of 5% has been added as
a contingency to arrive at the proposed contract limit of $1,576,050.
It should be noted that all professional and personal services contracts that DME enters pay only
on the basis of actual worlc performed and gtiarantee no minimum expenditure. Only worlc that
is needed will be authorized. The contract may be terminated with 30 days notice at any time
with no penalty.
Because the procurement of land and land rights is generally the first step in starting a project, it
will be DME's intent to complete all the work authorized under this contract as early in the
contract period as practical. A three year timeframe is expected.
The existing contract with Power Engineers is for the same types of worlc as described above for
the Locust to Hicicory transmission line, a proposed substation near LTNT, the McKinney
Substation, and a substation near Audra and Loop 288. That contract was originally approved in
August 2012 and amended in October. The total amount of the contract was $290,515. The
amount invoiced against that contract, as of January 15, 2013, was $67,568.88. The proposed
new contract is in addition to the work in progress on the existing contract. A new contract is
being proposed rather than an amendment because the original contract was specific to particular
proj ects.
OPTIONS
1. Recommend awarding a Professional and Personal Services Agreement to Power Engineers,
Inc.
2. Not recommend awarding a Professional and Personal Services Agreement to Power
Engineers, Inc., and direct that other actions be talcen to complete the required actions.
RECOMMENDATION
DME recommends awarding the contract for professional and personal services to Power
Engineers, Inc., in an amount not to exceed $1,576,050.
ESTIMATED SCHEDULE OF PROJECT
The work under this contract will begin as soon as practical after approval by the City Council
and is expected to talce approximately three years.
AIS — PUB Agenda Item #2
January 28, 2013
Page 3 of 3
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action related to this proposed contract. The proposed contract is
consistent with project information detailed in the current CIl' and the additions planned for the
2014 CIP.
DATE SCHEDULED FOR COUNCIL APPROVAL
Febniary 5, 2013
FISCAL INFORMATION
The charges for worlc under this contract will not exceed $1,576,050 and will be funded out of
amounts budgeted for specific proj ects. Much of the work proposed will be in the transmission
category. These costs for transmission projects will ultimately be recovered by the City through
the Public Utility Commission transmission cost of service program (TCOS).
BID INFORMATION
Texas statutory law provides that procurements for professional services as well as for personal
services are made in accordance with the "Professional Services Procurement Act" (professional
and personal services may not be bid). The provisions of Texas Local Government Code,
Section 252.022(a)(4) provide that procurements for professional and for personal services are
exempt from the requirements of competitive bidding.
EXHIBITS
1. Proposed Professional and Personal Services Agreement
2. Summary of the Approved Public Involvement Process
3. Map Showing Locations for Transmission Line Projects that will Requiring Land Actions
4. Map Showing Locations for Substation Projects that will Require Land Actions
Respectfully submitted:
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Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
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Chucic Sears
Transmission Engineering Manager
Denton Municipal Electric
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 28, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 28, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present:
Absent:
Chairman Dic1c Smith, Randy Robinson, Barbara Russell, Leonard
Herring and Phil Gallivan
Vice Chair Billy Cheelc and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
CONSENT AGENDA:
2. Consider recommending approval of a Professional and Personal Services Agreement with
Power Engineers, Inc., for studies, consultation, and support during the site and route
selection processes for transmission line and substation projects in an amount not to exceed
$1,576,050. (File #5174)
A motion to approve item 2 was made by Board Member Robinson with a second by Board
Member Russell. The vote was 5-0 approved.
Adjournment 10:20a.m.
ORDINANCE NO. 2013-
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROFESSIONAL AND PERSONAL SERVICES AGREEMENT WITH POWER
ENGINEERS, 1NC., A CORPORATION, FOR ENGINEERING AND OTHER RELATED
SERVICES FOR STUDIES, CONSULTATION, AND SUPPORT DURING THE SITE AND
ROUTE SELECTION PROCESSES FOR TRANSMISSION LINE AND ELECTRIC
SUBSTATION PROJECTS FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITLJRE OF FLJNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
5174—IN AN AMOLTNT NOT TO EXCEED $1,576,050).
WHEREAS, the City Council deems that it is in the public interest to continue to engage
Power Engineers, Inc., a Corporation ("Power"), to provide professional and personal services
pertaining to the site selection, route selection, environmental assessment, and other necessary
preliminary processes that are necessary for the location of Denton Municipal Electric future
electric transmission line projects and future electric substation projects to be situated within the
City's duly-certificated service territory; and
WHEREAS, the approved City Capital Improvement Plan for 2013-2017 provides for the
constniction of twelve (12) substations and seven (7) transmission line projects that call for the
acquisition of land or land rights in order to complete them; and said projects provide for the
future electric reliability of the City; and
WHEREAS, Power is a full-service, interdisciplinary environmental consulting firm of
professional engineers, planners and resource specialists offering biological and cultural
resources; public involvement; visualization, hazardous materials/wastes; water quality and
resources; hydrology; Geographic Information Systems ("GIS"); environmental compliance;
geoengineering and geosciences; and landscape architecture, and is as firm of appropriate stature
to staff a project the size of this project; Power has been utilized by the leading public power
entities in Texas, including Austin Energy and City Public Services, as well as the Public
Utilities Commission of Texas; and
WHEREAS, these services are necessary, and that due to their magnitude, should be
performed by an outside specialty firm; and City Staff has selected this outside specialty firm
because of its high reputation in the electric industry, as several other Texas cities have. City
Staff has further determined that the firm is competent and 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 applicable associations applicable to Power's profession, and that such fees do
not exceed any maximum provided by law; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-referenced professional and personal services in order to support the activity of
Denton Municipal Electric, the City's electric department, and that limited City staff cannot
adequately perform the highly specialized services and taslcs with respect to the above stated
services with its own personnel; and
1
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 and personal services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, lcnowledge, and qualifications, and for a fair and
reasonable price; and
WHEREAS, the Public Utilities Board has deternuned, during its open meeting on
January 28, 2013, that the Agreement should be approved by the City Council, and has made its
recommendation accordingly; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The preamble to this ordinance is incorporated herewith for all purposes.
SECTION 2: The City Manager is hereby authorized to execute a"Professional and
Personal Services Agreement" by and between the City and Power Engineers, Inc., a Corporation
(the "Agreement"); in an amount not to exceed $1,576,050 for professional and personal
services, as stated in said Agreement; such Agreement is in substantially the form of the
Agreement attached hereto as Exhibit "A" which is incorporated herewith by reference.
SECTION 3: The award of this Agreement by the City is on the basis of the
demonstrated competence, lcnowledge, and qualifications of Power and the demonstrated ability
of Power to perform the services needed by the City for a fair and reasonable price.
SECTION 4: The expenditure of funds as provided in the attached Agreement is hereby
authorized.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By:
Exhibit A
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL AND PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the day of , 2013,
by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices
at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER") and POWER
Engineers, Inc., a Corporation, with its offices at 7600-B North Capital of Texas Highway, Suite
320, Austin, Texas 78731 (hereinafter "CONSULTANT"); the parties acting herein, by and through
their duly-authorized officers and representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows:
ARTICLE I
ENGAGEMENT OF ENGINEERING FIRM
This Agreement is for the purpose of retaining the staff and support personnel of POWER
Engineers, Inc. to perform environmental services regarding the siting of electric substations and the
routing of electric transmission lines, in support of the 2013-2017 Capital Improvements Plan for
the City of Denton, Texas (the "Project"). CONSULTANT hereby agrees to perform the services
herein in connection with the Project as stated in the Articles to follow, with diligence and in
accordance with the professional standards customarily obtained for such services in the State of
Texas. The professional services set forth herein are in connection with the following:
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. To perform all those services and tasks as set forth in CONSULTANT'S written proposal
issued on January 18, 2013 provided to Denton Municipal Electric ("DME"), a department of
OWNER, which proposal is attached hereto and incorporated herewith by reference as
EXhibit "A."
B. If there is any conflict between the terms of this Agreement and the Exhibits attached to this
Agreement, the specific terms and conditions of the proposal shall control over the general
terms and conditions of this Agreement.
ARTICLE III
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in
force for the period that may reasonably be required for the completion of the Project, and any
required extensions approved by the OWNER; or until the monetary consideration expressed herein
is wholly exhausted, whichever event shall first occur. This Agreement may be sooner terminated
in accordance with the provisions hereof. Time is of the essence in this Agreement. The
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expediently as possible and to meet the schedules established by the OWNER, acting through its
General Manager of DME.
ARTICLE IV
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, plus an
additional ten (10%) percent for any expense reasonably incurred by the CONSULTANT in
the performance of this Agreement and other incidental reasonable expenses incurred in
connection with the Project. Provided however, any reasonable sub-consultant billings
reasonably incurred by CONSULTANT in connection with the Project shall be invoiced to
OWNER at those billings cost plus up to an additional ten (10%) percent.
B. BILLING AND PAYMENT:
For and in consideration of the professional services and related expenses to be performed by
the CONSULTANT herein, the OWNER agrees to pay CONSULTANT based upon the rates
set forth in Exhibit "A" which is attached hereto and incorporated by reference herewith; a
total fee, not-to-exceed $1,576,050.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its General Manager of DME
or his designees; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the General Manager of DME, or which is not
submitted to the OWNER in compliance with the terms of this Agreement. The OWNER
shall not be required to make any payments to the CONSULTANT when the
CONSULTANT is in default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the OWNER for any charge, expense or reimbursement above the maximum not to exceed
fee as stated hereinabove.
C. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within thirty (30) days after receipt of the CONSULTANT'S undisputed statement thereof,
the amounts due the CONSULTANT will be increased by the rate of interest then provided
and applicable under the Texas Prompt Payment Act from and after the said thirtieth (30th)
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day after the City's receipt of invoice; and in addition, the CONSULTANT may, after giving
ten (10) days' written notice to the OWNER, suspend services under this Agreement until the
CONSULTANT has been paid in full for all amounts then due and owing, and not disputed
by OWNER for services, expenses and charges. Provided, however, nothing herein shall
require the OWNER to pay the amount of the billing invoice of CONSULTANT, with such
notice provided to CONSULTANT within fifteen (15) days after receipt of the invoice, that
the work is unsatisfactory, in accordance with Article IV of this Agreement.
ARTICLE V
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants.
ARTICLE VI
OWNERSHIP OF DOCUMENTS
All documents prepared or furriished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants, if any) pursuant to this Agreement are instruments of service and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this project and OWNER'S
use of these documents in other projects shall be at OWNER'S sole risk and expense. In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project.
ARTICLE VII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE VIII
1NDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, �s� attorneys and employees from and against liability, claims, demands,
damages, losses and expenses, including but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including without limitation damages for bodily and personal injury,
death and property damage, resulting from the negligent acts or omissions of the CONSULTANT
or its officers, shareholders, agents, attorneys and employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
3
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Commission or any successor agency; please reference Attachment
"A" hereto, for the said insurance requirements.
ARTICLE X
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 alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty-(30) day's advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than (30) calendar days to cure the failure;
and (2) an opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill for services
to the OWNER within thirty (30) days a$er the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance with Article IV of this Agreement. Should the OWNER subsequently contract
with a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information to the OWNER and the new consultant. The
CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT
pursuant to this Agreement to the OWNER on or before the date of termination but may
maintain copies of such documents for its files. CONSULTANT agrees that it shall also fully
comply with any and all written requests received from the OWNER, through its Director of
Solid Waste, to maintain confidentiality respecting certain designated records, documents,
and other written materials related to the Project, which the OWNER reasonably determines
is competitively sensitive, and would likely cause damage to the OWNER if disclosed to the
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public or to any other person, party, or entity.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
A. Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents,
subcontractors, and sub-consultants for the accuracy and competency of their work performed
pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an
assumption of such responsibility by the OWNER for any defect in the design or other work
prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and sub-
consultants.
B. The OWNER agrees to limit the CONSULTANT's liability for insurable events arising from
the CONSULTANTs performance to the insurance limits herein.
C. Neither the OWNER nor the CONSULTANT either part '�p�liers, a�ents, officers, and
directors shall have anv liabilitv regardless of the theory of recovery, including breach of
contract or ne�gence, to the other part�y other person or entity for any indirect,
incidental, special, or consequential dama�es, cost or expense whatsoever, including but not
limited to loss of revenue or profit, whether actual or anticipated, loss of use, failure to realize
anticipated savin�s, loss of or damage to data or other commercial or economic loss. This
waiver of consequential damages is made regardless that (i) either party has been advised of
the possibilitv of such dama es and ii) that such dama eg s mav be foreseeable.
ARTICLE XIII
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
at the addresses shown below, by means of U. S. Mail, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
To CONSULTANT:
POWER Engineers, Inc.
7600-B North Capital of Texas Hwy., Suite 320
Austin, Texas 78731
Telephone: (512) 795-3700 x6908
�7
To OWNER:
City of Denton, Texas
Attn: City Manager
Denton City Hall
215 East McKinney Street
Denton, Texas 76201
Telephone: (940) 349-8407
and
City of Denton, Texas
General Manager
Denton Municipal Electric
1659 Spencer Road
Denton, Texas 76209
Telephone: (940) 349-8487
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement, consisting of nine (9) pages and two (2) exhibits, constitutes the complete
and final expression of the Agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
ARTICLE XV
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 the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own expense all personnel
required to perform all the services required under this Agreement. Such personnel shall not
be employees or officers of, nor 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 direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any
interest in this Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the OWNER. CONSULTANT shall promptly notify OWNER, in writing, of any
change of its name as well as of any material change in its corporate structure, its location, and/or its
operations.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set
forth.
ARTICLE XXI
MISCELLANEOUS
A. The following Exhibits is attached to and made a part of this Agreement:
Attachment "A" --- Insurance Requirements of the City of Denton, Texas
2. Exhibit "A" --- CONSULTANT'S proposal dated January 18, 2013 to the City of
Denton, Texas — Upgrade/New Construction Projects- Scope of Services
B. OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this Agreement. The CONSULTANT shall retain such
books, records, documents and other evidence pertaining to this agreement during the
contract period and five years thereafter, except if an audit is in progress or audit
findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the
CONSULTANT shall also require all Subcontractors, material suppliers, and other
payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the City similar access to those documents. All books and
records will be made available within a fifty (50) mile radius of the City of Denton.
The cost of the audit will be borne by the OWNER unless the audit reveals an
overpayment of 2% or greater. If an overpayment of 2% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the
7
CONSULTANT which must be payable within iifteen (15) business days of
CONSULTANT'S receipt of the OWNER'S invoice.
Failure to comply with the provisions of this section shall be a material breach of this
contract and shall constitute, in the OWNER'S discretion, grounds for termination
thereof. Each of the terms "books", "records", "documents" and "other evidence", as
used above, shall be construed to include drafts and electronic files, even if such drafts
or electronic files are subsequently used to generate or prepare a final printed
document.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
D. For the purpose of this Agreement, the key person who will serve as Project Manager
respecting this engagement shall be Rob Reid, Principal of CONSULTANT. Lisa Barko
Meaux, Emily Belts and Denise Williams shall also be points-of-contact for CONSULTANT.
However, nothing herein shall limit CONSULTANT from using other qualified and
competent engineers, consultants and administrative support personnel of their firm to
perform the services required herein.
E. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all
available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement.
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.
H. CONSULTANT shall not be responsible for delays caused by factors beyond
CONSULTANT's reasonable control, including but not limited to delays because of strikes,
lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental
or other regulatory authority to act in a timely manner, failure of the OWNER to furnish
timely information or approve or disapprove of CONSULTANT's Services or work product
promptly, or delays caused by faulty performance by the OWNER or by contractors of any
level. When such delays beyond CONSULTANT's reasonable control occur, the OWNER
agrees that CONSULTANT shall not be responsible for any damages, nor shall
CONSULTANT be deemed to be in default of this Agreement. In the event of such delay, the
Schedule shall be extended for a period of time equal to such delay and CONSULTANT shall
be compensated for any costs, expenses or damages incurred as a result of such delay.
I. OWNER, without invalidating this Agreement, may order changes in the scope of work
consisting of additions, deletions, or other revisions, CONSULTANT's compensation and the
design completion date being adjusted accordingly. All such changes in the Project shall be
authorized by Change Order, signed by OWNER and CONSULTANT. CONSULTANT
shall not be required to perform out-of-scope or extra work without its written approval. A
Change Order is a written order to CONSULTANT, signed by the OWNER (or its authorized
agent) and CONSULTANT, issued after the execution of this Agreement, authorizing an
addition, deletion, or revision in the Services or an adjustment in the Contract Price or the
Schedule. The increase or decrease in the Contract Price and change in Schedule resulting
from a change in the Project shall be determined by mutual agreement. If the parties are
unable to agree to a Change Order, CONSULTANT, upon receipt of a written order signed
by OWNER, shall promptly proceed with the Services involved. The cost of such additional
Services shall then be determined on the basis of the actual time and expense incurred for
performing the Services attributed to the change, charged at the rates set forth in the Schedule
of Charges. In such case, CONSULTANT shall maintain a separate time and expense
accounting for the additional Services. The amount of decrease in the Contract Price resulting
from any deletion or change will be the amount of the actual net decrease computed by
CONSULTANT. When both an increase and decrease occur in any one change order, the
change in compensation shall be calculated by adding the increase or subtracting the decrease
to arrive at a net change.
If the parties are unable to come to agreement on the terms of a Change Order within thirty
(30) days, they shall submit the dispute to resolution pursuant to Article X of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authorized officials; and CONSULTANT has
executed this Agreement by and through its duly-authorized undersigned officer, on this the
day of 2013.
• �/►, _ .
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORGE C. CAMPBELL, CITY MANAGER
0
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,� , ,�
�
By. � � ' � ; :� �%- '`� 't
"CONSULTANT"
ATTEST:
BY� �,�� �,�.-�%�-r.��'t.�-�
Adare Brown
10
POWER Engineers, Inc.
A Corporation
6 4
�- . . -._. _.. (�-�_..
By ��
Its: EXecutive Vice President
ATTACHMENT A
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONSULTANTS/CONTRACTORS
The Offeror's/Bidder's attention is directe�l to the insurance requirenients below. It is highly
recomme�zded that offerors/bidders confer with their respective insurance carriers or brokers to
determine in advance of its proposal or bid submission the availability of i�zsurance certificates and
endorse»zents as prescribe�t and provided herein. If an offeror/appaYent low bidder fails to co�nply
strictly with the insurance require�zents, that offeror/bidder r�aay be �lisqualified frona award of the
contract. Upo�z awa�d, all insurance requireniefits shall become contractual obligatiorts, which the
successful offeror/bidder shall have a duty to »zai�atai�a throughout the course of this contYact.
STANDARD PROVISIONS:
Withozit limiting afay of the other obligations or liczbilities of the Consultan�t/Co�atractor, the
Consultc�nt/Contractor shall provicle and mai�ztairz terttil the contracted work has been completed and
accepted by the City of Dentofz, Owner, the mininzum insarrance coverage czs indicated hereinafter.
As soo�z as practicable after notificatioTZ of award, Constcltant/ContNactor shall file with the Patrchasing
Depczrtment satisfactory certificates of insicrance, containing theproposal/bid number c�fzd title of the
project. Consaclta�at/Contractor may, tcpon written request to the Pa�NChasing Department, ask for
clarifzcatio�� of c�ny insa�rance reqzrirements at any time; however, Consacltants/Contractors are strongly
advised to malce sttch requests prior to proposal/bid opening, since the inszirance requirements m�ay �zot
be modified or waivec� after p�°oposal/bid opening i�nless a written exception has been� stibmitted with the
proposal/bid. Consttltant/CofatractoN shall fzot commeiace any work or deliver aiiy fnaterial until he or
she receives fzotification that the contract has been accepted, approved, and signed by the City of
De�zton.
All insatrancepoliciesp�roposed or obtained in satisfaction of these requirements shall comply with the
following general specificatiorrs, c�nd shc�ll be maintai�zed in complia�zce with these general specifications
throughottt the duration of the Contract, or longer, if so noted.•
• Each policy shall be issued by a company authorized to do business in the State of Texas with
an A.M. Best Company rating of at least A- VII or better.
� Any deductibles or self-insured retentions shall be declared in the proposal or bid. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the
Consultant/Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
• Liability policies, except Professional Liability, shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, �s, Employees and
volunteers.
• That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance applies
separately to each insured against whom claim is made or suit is brought. The
inclusion of more than one insured shall not operate to increase the insurer's limit of
liability.
• Cancellatio�z: City requires 30 day written `totice should any of the policies
described ost the certifzcate be cancelled or materially changed before the
expiration date.
• Should any of the required insurance be provided under a claims-made form,
Consultant/Contractor shall maintain such coverage continuously throughout the term
of this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise to
claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the
Consultant/Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All instrrance policies proposed or obtainecl i�z satisfactiof� of this Contract shall aclditionally comply with
the following marlced specifzcations, and shall be maintained in compliance with these additio�aal
specifications throughout the duration� of the Contract, or lorzger, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of $500,000.00 shall be provided and
maintained by the Contractor. The policy shall be written on an occurrence basis either in a
single policy or in a combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form
GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this contract, personal
injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of $500,000.00 either in a single policy or in a combination of basic and umbrella
or excess policies. The policy will include bodily injury and property damage liability arising out
of the operation, maintenance and use of all automobiles and mobile equipment used in
conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of $100,000 for each accident, $100,000 per each employee, and a$500,000
policy limit for occupational disease. The City need not be named as an "Additional Insured" but
the insurer shall agree to waive all rights of subrogation against the City, its ofiicials, agents,
employees and volunteers for any wark performed for the City by the Named Insured. For
building or construction projects, the Contractor shall comply with the provisions of Attachment
1 in accordance with §406.096 of the Texas Labar Code and rule 28TAC ll 0.110 of the Texas
Worker's Compensation Commission (TWCC).
[_] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the
work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis,
and the policy shall be issued by the same insurance company that carries the Contractor's
liability insurance. Policy limits will be at least combined bodily injury and property damage per
occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits of $1,000,000.00 per claim with respect to negligent
acts, errors or omissions in connection with professional services is required under this
Agreement.
[_] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided.
Such policy shall include as "Named Insured" the City of Denton and all subcontractars as their
interests may appear.
[_] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the
premises, burglary of the premises, and employee iidelity. The employee fidelity portion of this
coverage should be written on a"blanket" basis to cover all employees, including new hires. This
type insurance should be required if the contractor has access to City funds. Limits of not less
than each occurrence are required.
[_] AdditionalInsurance
Other insurance may be required on an individual basis for extra hazardous contracts and specific
service agreements. If such additional insurance is required for a specific contract, that
requirement will be described in the "Speci�c Conditions" of the contract specifications.
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
FILE 5174
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
FILE 5174
materially affects the provision of coverage of any person
the project; and
7) contractually require each person with whom it contracts,
by paragraphs (1) -(7), with the certificates of coverage
person for whom they are providing services.
providing services on
to perform as required
to be provided to the
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
FILE 5174
I CONFLICT OF INTEREST QUESTIONNAIRE FORM CI
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
q Name of person who has a business re9ationship with local governmental entity.
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7�h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
Name of local government officer with whom filer has an empioyment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes 0 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes � No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Yes 0 No
D. Describe each affiliation or business relationship.
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
File 5174
�. ���{����:�
Exhibit A
January 18, 2013
Mr. Chuck Sears
Engineering Manager
Denton Municipal Electric
1685 Spencer Road
Denton, Texas 76205
Subject: Scope of Services
Upgrade / New Construction Projects
Dear Mr. Sears:
a�c51M� �i l=N�lNr:i�ras, l�+e�.
7600B N CAPITA� OF TEXAS HWY
SUITE 320
AUSTIN, TX 7II731 USA
���r�� 512-795-3700
rp� 512-795-3704
POWER Engineers, Inc. (POWER) is pleased to submit our proposed scope of services for
siting/routing studies and public involvement support for several substation and
transmission line upgrade / new construction projects.
I will serve as the Project Director for the projects and Ms. Lisa Meaux and Ms. Emily Belts
will serve as the project managers. Ms. Denise Williams will assist as an environmental
planner, with other discipline/support staff as required. The resumes for all of these key
team members are attached to the scope of services. The entire project team, with staff in
Austin and Houston, has extensive experience in routing and siting transmission
lines/substations and associated public involvement in Texas for inunicipalities, investor-
owned utilities, and electric cooperatives. We are confident we can complete all of the
necessary tasks in a timely and cost-efficient manner to allow Denton Municipal Electric to
proceed with these projects. We have included photo simulation services far the proposed
new and upgraded substations, and have included options for additional visualization
services.
Thank you for the opporlunity to propose on this important set of projects. We have
provided an electronic copy (via email) of our scope of services for the projects for your
review. We look forward to working with you and your team. Please contact me at (512)
795-3700 x6908 / rob.reid@powe�•eng.com or Lisa Barko Meaux at (281) 765-5507 /
lisa.barko@powereng.com with any questions.
Sincerely,
i �
/' �t� �
��z�r C-' ,'� , � % i,tf�''
Rob Reid
Project Director
Vice President
���'�t��������.�Tr� AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
� �d'�i�IPtl���'.�
7600 N Capital of Texas I-Iwy, Suite 320
Austin, TX 78731 USA
For more information, please contact
Rob Reid, 5'12-795-3700 x6908
www. powereng . com
TABLE OF CONTENTS
�. POWER ENG/NEERS, /NC, COMPANY OVERV/EW ................................................................... 2
Z, OVERALL PROJECT UNDERSTAND/NG ................................................................................... 6
3. SUBSTATION PROJECT APPROACH ....................................................................................... 6
4, SUBSTAT/ON SCOPE OF SERV/CES,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7
5. SUBSTAT/ON BUDGET EST/MATES ...................................................................................... �4
6. TRANSM/SS/ON L/NE PRO✓ECT APPROACH
�6
7, TRANSM/SS/ON L/NE SCOPE OF SERV/CES ......................................................................... �7
8. TRANSM/SS/ON L/NE BUDGET EST/MATES ......................................................................... 4�
ATTACHMENT � RESUME OF ROB R. RE/D
ATTACHMENT 2 RESUME OF L/SA BARKO MEAUX
ATTACHMENT 3 RESUME OP EM/L Y BEL TS
ATTACHMENT 4 RESUME OF DEN/SE W/LL/AMS
ATTACHMENT 5 SCHEDULE OF CHARGES
1
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
�, POWER ENG/NEERS, /NC. COMPANY OVERV/EW
POWER ENGINEERS AT A GLANCE
• Employee owned
• 28 offices nationwide
• Over 1,500 employees
• Began in 1976
CORPORATE OVERVIEW
POWER Engineers is a full-service, interdisciplinary environmental consulting �rm of professional
engineers, planners and resource specialists offering services in environmental planning; biological and
cultural resources; public involvement; visualization, hazardous materials/wastes; water quality and
resources; hydrology; Geographic Infortnation Systems; environmental compliance; geoengineering and
geosciences and landscape architecture.
We have managed a diverse array of projects, from feasibility or permitting to complex multidisciplinary
projects spanning multiple states and dozens of jurisdictions. We plan and manage projects for electric
delivery systems, renewable power generation, transportation, oil and gas pipelines, and communication
and industrial facilities.
ENVIRONMENTAL EXPERTISE
POWER has focused on providing comprehensive environmental consulting services to clients for over
three decades. Our staff consists of industry experts, specializing in the following aspects of
environmental services:
• Environmental siting and feasibility studies
• State regulatory compliance
• NEPA compliance
• Environmental planning
• Biology (wildlife, aquatic and botanical)
• Hydrological and wetland studies
• Archaeology
• Complete resource analysis
• Visualization technology
• Landscape architecture
• GIS and asset management
POWER's Environmental Business Unit is housed within the Resource & Asset Management Division
and staffed with over 150 environmental professionals,
2
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
ENVIRONMENTAL STAFF BACKGROUND
POWER's environmental planners and scientists are leaders in environmental services and have
successfully completed inany projects in the Southern and Southwestern United States including
numerous recent routing studies and state-level EAs in Texas.
The firm has worked closely with numerous federal agencies including the U.S. Forest Service, U.S. Fish
and Wildlife Seivice, Corps of Engineers, Bureau of Land Management and state and local agencies in
developing more than 150 National Environmental Policy Act (NEPA) compliance documents,
management plans and associated permits. We have conducted interagency coordination at varying levels
of detail, generally dictated by the involvement and interest of the various agencies (cooperating agencies
under NEPA versus other involvement for state-level projects). Interagency coordination has been
achieved informally through meetings, open houses or workshops and formally through processes such as
joint review procedures.
In addition to routing transmission line projects, our environmental staff has also prepared numerous
archaeology surveys, Phase I environmental site assessments, due diligence reports, stonn water pollution
prevention plans, Section 404 wetland and waters of the U.S. permits, and have been involved in FAA
notification, road crossing permits, and permit and agency coordination meetings.
POWER's proposed team is very experienced with the requirements of transmission line routing
methodology. POWER fully understands the requirements to route, permit, construct and energize new
transmission lines in Texas. Our proposed team has extensive experience in preparation of Routing
StudyBA's and also with providing written, oral and rebuttal testimony from an expert witness.
Mr, Rob Reid joined POWER on August 1, 201 l. Mr. Reid brings his expertise and long history in Texas
with successful transmission line projects. Mr. Reid will be the Project Director for Denton Municipal
Electric's (DME's) proposed substation and transmission line upgrade projects, his resume is included as
Attachment 1 to this proposal. We propose Lisa Meaux as the Project Manager, she and other key
POWER resource staff possess direct transmission line experience. These individuals further complement
POWER's team and will help expedite DME's substation and transmission line upgrade projects. Lisa
Meaux's resume is included as Attachment 2 to this proposal.
PUBLIC INVOLVEMENT
As a significant component of our work for all environmental planning, permitting, and impact
assessment projects, POWER frequently coordinates and facilitates public meetings and workshops. The
scope and setup of these meetings are tailored to the needs of each specific project. If planned correctly,
public meetings can enhance the understanding of decisions and build trust among stakeholders.
We have set up and facilitated public and agency meetings, technical workshops, planning sessions, and
draft review meetings. We have organized meeting arrangements, prepared press releases and public
announcements, prepared visual presentations and displays for meetings, prepared questionnaires,
prepared and sent out scoping statements and newsletters, and have documented the results of comments
and input received in detailed scoping reports and surrunaries.
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
TESTIMONY
Frequently, a utility's application for construction of a new transmission facility requires written and/or
verbal expert witness support. This can occur during the course of normal proceedings or in contested
cases. Under either circumstance, well-thought-out, well-documented, credible testimony — written or oral
— that is presented simply, clearly and accurately is essential for a successful result.
POWER's environmental and engineering staff have developed effective strategies and provided
successful expert testimony in support of electrical transmission line projects. This has included written
support and oral testimony before regulatory agencies and routing committees, at public hearings and
meetings, and in civil court proceedings. This testimony has covered both routing and technical issues.
Additionally, our staff has worked with clients and their attorneys to prepare briefs, to prepare their staff
for public testimony, and to provide the required backup documentation. We have provided these services
for multiple clients in several states.
If any of DME's proposed transinission line projects require any information to be provided under oath
following presentations to the City Council, POWER proposes Rob Reid or Lisa Meaux as the expert
witness. Testimony and court-case support are not included in the scope of services for budgetary
purposes.
ADDITIONAL EXPERTISE
POWER also has extensive experience in the following areas and can provide inore information to DME
about these additional capabilities if requested.
• Visualization/Photo simulation Services for Substation Upgrades (included)
• Visualization/Photo simulation Services for Transmission Line Upgrades (not included)
• Geoengineering and Geoscience Services (not included)
QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) PROCESS
POWER was founded on the strong belief that the long-tenn growth and prosperity of a business is
directly dependent on conscientious work. Our commitment to quality starts before the design process
begins. Our proposal and work plans are the foundation of the quality process.
Before projects are initiated, detailed task descriptions and checklists are developed to define project
requirements and to provide the environmental team and support personnel with an accurate basis for
planning. We use systematic quality assurance and quality control (QA/QC) procedures for documents on
all projects.
Our QA/QC program objectives include meeting DME's and agencies' requirements, compliance with
applicable laws, regulations, policies, and sound technical practices of the disciplines involved.
Additionally, client review and approval milestones are built into project schedules to ensure that clients
have input and, therefore, receive the products they expect.
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AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
POINTS OF CONTACT
Four points of contact are provided below.
Mr. Reid will serve as the Project Director and is available to DME to discuss and/or address project
needs. Ms. Meaux and Ms. Belts will work closely with Mr. Reid and are available to answer project
questions and attend meetings with or in place of Mr. Reid. Ms. Williams is also available if necessary to
address project questions or needs. Resumes for Ms. Belts and Ms. Williams are included as Attachments
3 and 4.
Rob Reid
Project Director
(512) 795-3700 x6908
rob.reid @powereng.com
Lisa Meaux
Project Manager
(281)765-5507
lisa.barko @powereng.com
Emily Belts
Project Mana�er
(623) 582-1006
emily.belts C�powereng.com
Denise Williams
Environmental Planner
(281)765-5511
denise.williams @powereng.com
AUS I46-008 (PROPOSALS) DME ((/18/2013) LD
Z, OVERALL PROJECT UNDERSTAND/NG
Denton Municipal Electric (DME) is embarking on a major effort to upgrade its electrical system.
Ultimately, DME proposes upgrades/new construction of twelve substations and seven transmission lines
(one transmission line, Denton to North Lakes TM, is divided into two different projects). These
proposed upgrades/new construction will enhance reliability and address current and future growth in the
area. The substation projects include proposed expansions and relocations of existing substations and
also completely new substations. The transmission line projects include reconductoring and
rebuild/upgrade projects that require easement expansions to meet current standards, reroutes to avoid
easement conflicts, and new or partially new lines that require routing studies.
We understand that DME is taking a proactive approach to develop and implement a well organized and
effective public involvement program to inform and receive input from stakeholders and hopefully to gain
public acceptance of these proposed projects. POWER will work closely with DME to tailor the scope
and setup of the meetings to enhance the understanding of decisions and build trust among stakeholders.
We also understand that DME plans to simultaneously complete the public involvement and permitting
process for five substations and three transmission line projects per year, with everything being completed
within three years. Our proposal to support DME on these proposed upgrade/new construction projects is
divided into two sections: substations and transmission lines. When more detail about DME's
upgrade/new construction projects is provided to POWER, DME and POWER will work together to
further refine the work scopes and budgets as necessary and appropriate.
3, S[/BSTAT/ON PROJECT APPROACH
Our goal is to conduct an objective alternative substation siting study far each of the substation projects
proposed by DME, Depending on the project, whether it is an expansion of an existing station, relocation
of an existing station, or a brand new station, the scope of work will vary accordingly but overall will be
very similar in nature.
For new substations and substations requiring expansion, the evaluation methodology will be documented
and consider factors such as community values/input, recreational and park areas, historical and aesthetic
values, and environmental integrity, as well as engineering, reliability, cost and maintenance factors.
POWER will assist DME with the selection and evaluation of up to three alternative sites for each of the
new substation projects.
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4. SUBSTAT/ON SCOPE OF SERV/CES
This scope of services presents POWER's approach to the list of tasks and services that we propose to
provide to DME for the substation projects.
Services include meetings/coordination with DME, an initial site visit, alternative substation
site/expansion option selection, photo-simulations of the alternative substation sites/expansion options,
data collection for existing conditions, public input, alternative site/expansion options evaluation, and
preparation of a brief report presenting the study results for each of the substation projects.
For DME's substation expansion projects, POWER will evaluate different expansion option footprints that
would accommodate the existing station facilities and the proposed upgrades driving the expansion.
DME's proposed substation projects are listed below in order of current priority to DME; however, this
order is subject to change. POWER has already submitted proposals on three of the new DME substation
projects, the new Substation proposed near Audra and Loop 288 (No. 1 below), the new Substation south
of McKinney Street (No. 2 below), and the new Substation proposed near UNT (No. 4 below) as part of
the Hickory to Locust Transmission Line project.
DME Proposed Substation Sites/Expansion Projects
1. New Substation near Audra and Loop 288 - New substation to serve east Denton and to provide a
location for intertie to transmission lines, (6-12 acres plus road) - 2013. IN PROGRESS
2. New Substation South of McKinney Street - New substation to serve the east-central areas of Denton,
(7 acres) - 2013. lN PROGRESS
3. Kings Row Substation - Relocation and upgrade of existing substation to accommodate the new
transmission line, (4 acres) - 2014. NOT INCLUDED/COMPLETE
4. New Substation near UNT - New substation to serve UNT and south-central Denton. (2.5 acres) -
2014. IN PROGRESS WITH THE H/CKORY TO LOCUST TRANSMISS/ON LINE
5. New Switch Station Northwest - New switch station to interconnect a new ONCOR line with TMPA
lines for increased reliability and to provide a location for a future distribution station, (5 acres) -
2015.
6. New Substation North of Loop 288 - New substation to serve north Denton, (4.5 acres) - 2014.
7. Locust Substation Expansion - Additional adjacent property to reconstruct the existing station to meet
138kV requirements, (4-5 acres) - 2015.
8. North Lakes Substation Expansion - Additional adjacent property to reconstruct the existing station
to meet 138kV requirements, (4 acres) - 2014.
9. New Southwest Substation - New substation to serve growth in southwest Denton, (5 acres) - 2016.
10. Fort Worth Substation Expansion - Additional adjacent property to expand the existing station to
serve growth in south Denton, (1 acre) - 2015.
11. New Substation Northwest of Spencer & Loop 288 -New substation to serve growth along Loop 288
and east Denton, (4 acres) - 2017.
12. New Substation Southeast of Spencer & Loop 288 - New substation to serve southeast Denton and
provide a location for interconnection of transmission lines, (4.5 acres) - 2016.
13. Hickory Substation (Relocation), (4-6 acres) - 2015.
14. New Substation North of Spencer Interchange, (6-8 acres) - 2015.
15. Arco Substation Replacement (TMPA), (10 acres) - 2014.
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AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
SUBSTAT/ON TASK OIJTL/NE
Task 0
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Project Management
Initial Meeting/Coordination/Site Visits
Alternative Substation Site/Expansion Option Selection
Existing Conditions and Information/Data Collection
Substation Visualization
Public Input Meetings and Presentations
Alternative Substation Site / Expansion Option Evaluation
Study Report
Optional Task 8 Substation Visualization
Optional Subtask 8.1 Work Product Descriptions
8.2 Deliverables
8.3 Scope
8.4 Assumptions
Task O
Project Management
Our objective is to provide services to DME that will best facilitate acceptance of the proposed substation
projects by the public, the Public Utilities Board, and the review and approval process befare the Denton
City Council. To do this we will strive to meet DME's schedule, budget and technical quality
requirements for the project, while coordinating closely with DME on the public involvement program
and process.
Project Supervision. Our project team is presented in this proposal. We have also established methods
for supervising and coordinating project participants.
Project Control. To provide project accounting and manage the project budget, POWER uses the
following control tools to track the project's progress at all times:
• Project scope of services
• Change order/work scope variance documentation
• Internal weekly financial reporting
• Project control functional matrix/weekly checklist
Schedule. POWER will create and maintain a milestone schedule for each substation project. This project
schedule will be updated monthly. We will create a detailed schedule rolled up by months that will
become the actual schedule after further development at the project kick-off ineeting.
Status Reporting. POWER recommends monthly or more frequent project status meetings with DME.
We have successfully used WebEx to host project meetings and propose this as an option on this project.
POWER's Project Director and/or another team member can also attend the meetings in person as
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
required by DME. The type of ineeting will depend on the project needs or DME's Project Director's
preference.
Quality Program. We will follow a stringent quality program throughout the duration of each project to
provide high-quality deliverables. The quality program will be based on our established program, which
uses checklists to verify that deliverables ineet established standards.
Task �
/nitia/ Meeting/Coordination/Site Visits
For budgeting purposes we have assumed that two POWER staff will attend a project kick-
off/coordination meeting in DME's offices and perfonn an initial site visit. We understand and encourage,
if appropriate, that some kick-off ineetings and site visits be combined to save DME time and money.
At the project kick-off ineetings, we will meet with DME to review project goals, establish lines of
communication, document procedures and protocols, finalize the scope of services, budget, and schedule,
and verify roles and responsibilities. The meeting will also allow DME and POWER to establish the
finalized work plan for each substation project.
Existing conditions and preliininary alternative substation sites will be investigated during the site visits.
Based on the initial site visit, POWER will prepare a list of preliminary substation site evaluation criteria.
The evaluation criteria will be finalized with input from DME.
Task 2
A/ternative Substation Site/Expansion Option Se%ction
Following the initial site visit, POWER will coordinate with DME to select up to three alternative sites to
be evaluated in detail for each of the new planned substations. Selection factors will include but not be
lirnited to existing development/conditions, proximity to applicable transmission and distribution
facilities, substation site access, potential substation screening, cost factors, and future maintenance
considerations.
For expansion projects, if appropriate and if flexibility exists at the current station location, different
expansion directions and facility (equipment, control house, etc.) layouts will be evaluated and applicable
selection factors, previously listed, will be considered.
A base map will be developed to overlay the station footprint(s) for visual comparison.
Task 3
Existing Conditions and /nformation/Data Co/%ction
We will obtain linear facility data such as existing transmission lines, major water/wastewater lines, and
gas pipelines in GIS or CAD format from DME and other readily available sources.
POWER will acquire and review existing and readily available data from sources such as the Texas
Historical Commission (THC), State Historic Preservation Office (SHPO), Denton County, City of
Denton, U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USACE), Texas Parks
and Wildlife Department (TPWD), Texas Natural Diversity Database (TXNDD), Texas Commission on
Environmental Quality (TCEQ), City of Denton comprehensive plans, and other library sources such as
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AUS 146-008 (PROPOSALS) DME (I/18/2013) LD
published and unpublished reports. No formal or written agency contact is anticipated to be necessary for
the substation projects.
We will conduct a high-level literature review and recards search for identified cultural resources in the
vicinity of alternative substation sites. We will prepare resource information and a database specific to
each alternative substation site and prepare graphical and written analysis of existing resources.
Task 4
Substation Visua/ization
POWER will develop photo simulations for each of the proposed substation projects (new and
expansion). The estimated cost for one photo simulation is included in this proposal. Photo simulations
for additional alternative substation sites or expansion alternatives are included in the budget as an
optional task, these assume the same substation design.
The simulations will demonstrate the proposed project and DMEs commitment to protecting the aesthetic
environment by using screening techniques around the proposed substations. As part of the process,
POWER will coordinate with DME for screening wall treatment and landscaping to be incorporated into
the final photo simulations.
The photo simulations will be developed as print-ready graphics, delivered eia electronic media or full
color plot/print Each photo simulation will be formatted with the project name, location, DME Logo,
supplemental notes, and photo information. Photo simulation tasks include on-site photo collection,
selection of wall treatment and landscape plans, 3D development, rendering, Photoshop editing, and
board development. POWER assumes one (1) photo per simulation will be used. If a panoramic
simulation is required, eight (8) hours for each additional photo used will be needed.
TasK 5
Pub/ic /nput Meetings and Presentations
POWER will assist DME in hosting one public input meeting for each of the new proposed substations as
well one for each of the substation expansion projects. The meetings are intended to solicit information
from the public that will be evaluated, su�nmarized and incorporated into the study report as appropriate.
POWER assumes that POWER and DME will analyze the input received from the public meetings. A
total of one public input meeting has been assumed for budgetary purposes.
For the new substations and the substations requiring expansion, POWER will develop and provide one
(1) public involvement exhibit of the alternative substation sites or the expansion options overlain on
large-scale aerial photographs (1 inch = 1,000 feet or less) for the public open house meetings. The map
will depict the environmental and land use constraints that were identified and utilized during the study
and will clearly identify each alternative station site or expansion option if more than one option is
feasible.
It is assumed DME will provide recent aerial imagery and arrange for meeting facilities and coordinate
the public meetings.
POWER will also assist DME with attending a total of two presentations/meetings with the Public
Utilities Board and/or the Denton City Council. The presentations/meetings will be held at various times
throughout the course of the project and are intended to explain the need and approach to the project,
POWER's role in the project, and answer any questions about the project. Depending on the timing of
each of these presentations, some of the graphics and exhibits used at the public open house meetings can
be used at the presentations, while some new graphics and exhibits could be needed. A total of two
presentation meetings have been assumed for budgetary purposes.
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AUS 146-008 (PROPOSALS) DME (1 /18/2013) LD
Task 6
A/ternative Substation Site/Expansion Option Eva/uation
For this task, we will develop the impact assessment methodology and assess potential impacts of the
alternative sites or proposed expansion for each substation project, including both the positive and
negative, on the environmental and land use resources. We will organize the findings into impact tables
and matrices. Summaries of potential impacts will be tabulated in a table by individual alternative site or
expansion direction/layout.
POWER will summarize the interdisciplinary impacts for each of the alternative substation sites or
expansion options, and compare their potential impacts. To accomplish this, the POWER team, comprised
of different discipline leads, will independently review the data summarized for each alternative site or
expansion options. After the review, the team will meet as a group and determine the relative importance
of each group of criteria in the natural, human and cultural resource categories.
We will document the alternative substation site/expansion option comparison for the appropriate section
of the Study Report, and we will analyze and compare the alternative substation sites/expansion options,
summarizing baseline environmental/land use data and potential impacts.
Task 7
Study Report
We will prepare a brief Study Report for each of the substation projects that documents the alternative
substation site selection process for the new and expanding substations, describes existing resources in the
vicinity of the alternative substation sites, and discuss potential impacts and potential mitigation
ineasures. The draft documents will be provided to DME for review and comment prior to finalization.
For costing purposes, POWER will provide three copies of the draft Study Reports and ten copies of the
final reports.
The Study Report, prepared by POWER, and its evaluation of the alternative sites, will allow DME to
present the substation sites and expansion options to the Public Utilities Board and the Denton City
Council that provide a reasonable balance with regards to potential impacts on the community and general
public, the environment, historic sites, service reliability, and prudent engineering and construction.
Optiona/ Task 8
Substation Visua/ization
OPTIONAL SUBTASK 8.1 WORK PRODUCT DESCR/PTIONS
POWER has developed an optional scope of services for visualization products associated with the
substation projects. Photo simulations are already included in the substation scope of services (Task 4).
Optional Product 1— Substation Animations (Optional and Additional): POWER will develop an
animation at one of the proposed site locations demonstrating the proposed substation and screening
techniques.
Optional Product 2— Project Video (Optional and Additional): POWER will develop a project video,
describing the proposed substation project. (See optional Subtask 8.3 for details.)
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AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
OPTIONAL SUBTASK 8.2 DEL/VERABLES
Optional Product 1— Substation Animation (Optional and Additional): POWER will work closely
with DME to develop an animation of the proposed substation layout at one of the proposed site
locations. The video will consist of up to three (3) virtual camera paths that will help demonstrate the
proposed substation layout as well as the screening techniques that are going to be used. 3D modeling
will include the substation, screening wall, vegetation, and contextual information of up to 100'
surrounding the proposed substation, All the aniinations will be compiled into one video for playback.
Optional Product 2— Project Video (Optional and Additional): POWER will develop a narrated
project video to use during the public outreach and education process. It will be important to maintain a
consistent project message throughout the life of the project. A video is an excellent tool to establish
consistency, while reaching a large audience. The video will describe the following:
Purpose and Need — Why the project is needed
Project Locations — Focusing on the Denton area, showing the three possible substation locations
and demonstrating the following at each location:
o Existing Conditions — Opportunities and constraints, issues, adjacent land uses and other
significantfeatures.
o Proposed Project — Graphically identify proposed project location and transition to
previously completed photo simulation.
Closing — Ending statements (i.e., " Denton Municipal Electric is committed to serving its
customers, and values your opinion. Please contact....." "Thank you")
OPTIONAL SUBTASK 8.3 SCOPE
The following are the hours associated with the visualization products:
Optional Product 1- Substation Animation (Optional and Additional): POWER will work closely
with DME to develop an animation of the proposed substation layout at one of the proposed site
locations. The video will consist of up to three (3) virtual camera paths that will help demonstrate the
proposed substation layout. 3D information will include the substation, screening wall, vegetation, and
contextual information of up to 100' surrounding the proposed substation.
• Taslc: 3D Development - 35 hours
o POWER will develop 3D contextual infonnation of the chosen site up to 100'
surrounding the proposed substation location. This will include pavement, sidewalks,
curb, gutter, and landscaping.
o Time allotted for this task is assuming the proposed substation model has been completed
from Product 1.
• Task: Materials and Lighting — 20 hours
o POWER will develop realistic materials far a113D information, and a daylight system
will be calculated for use in the animation.
• Taslc: Camera Path Development — 20 hours
o POWER will develop up to 3 camera paths, including a 360 degree path around the
substation to better demonstrate the layout of the proposed substation.
Task: Video Editing —15 hours
o POWER will edit all three animations to play seamlessly in one video.
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AUS 146-008 (PROPOSALS) DME (I/18/2013) LD
Product 1 Total - 90 hours
Optional Product 2— Project Video (Optional and Additional): POWER will develop an overall
project video that identifies the project location, the purpose and need and proposed actions of the project
(3-5 ininutes in length). POWER will work closely with DME to develop a video outline of the project
before technical work begins. The video outline ensures a smooth workflow and meaningful project.
• Task: Script Development - 30 hours
o Script development and coordination with DME.
o Voice Over Talent - $300.00
• Task: 3D Modeling — 80 hours
o POWER will model all information within one (1) block of each of the proposed site
locations. This will include pavement, sidewalks, curb, gutter, and landscaping.
• Task: Animation — 50 hours
o Using 3D Software, POWER will develop animation paths and final sequences for
inclusion into the video. DME will review and approve the video in draft format before
final delivery.
• Task: Video Editing — 50 hours
o Combining the animations, narration and titling into one full length video. Final format to
be determined.
Product 2 Total - 210 hours
OPTIONAL SUBTASK 8.4 ASSUMPTIONS
• A112D data will be available from DME and will not require additional aerial survey, LiDAR, or
photogrammetric collection.
• Substation layout will be provided by DME.
• Wall treatment and landscape plan will be provided by DME.
• Changes to design, layout, animation sequences, or other visualization information after client's
approval will be billed on a time and material basis.
• Lodging, Airfare and travel to and from the site will be reimbursed by DME.
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AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
5, SUBSTA T/ON BUDGET EST/MA TE
POWER has developed the following budget range estimates for DME's substation projects. These
estimates are based on our current understanding of DME's planned substation projects. Our budget
estimate is based on the information presented in the scope of services and is subject to change once mare
detail is understood about each substation project. If projects occur concurrently and some tasks are
combined, costs may be reduced (i.e. the initial kickoff ineeting, site visits, data collection, and base map
development.
Two tables are provided; the first table summarizes our proposed time-and-materials budget range for
each substation project task. The second table provides a proposed budget for each specific substation
project. These estimates are subject to further refinement by DME and POWER.
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AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
The schedule of charges will be in accordance with the current rate sheet included in the Professional
Services Agreement, Attachment 5. Mileage and travel expenses, materials or office supplies, copy
charges, and document production are included in our budget and in the scope of services.
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AUS 146-008 (PROPOSALS) DME (I/18/2013) LD
6, TR.4NSM/SS/ON L/NE PROJECT APPROACH
The purpose of a routing study is to develop a network of "practical" transmission line alternative routes
in the project study area and to prepare a credible routing study document. Our approach and
documentation in the Routing StudyBA is intended to fulfill all project requirements for a route location
study.
Our goal is to provide focused data gathering and the mapping of sensitive land use and environmental
resources to capture the relevant issues for routing the transmission line. POWER will utilize a systematic
approach to collect and document resource information and to apply criteria to assess the level of
sensitivity for each resource. This systematic approach will be detailed in our final Routing Study/EA and
will establish the process required to make the alternative routes and their evaluation defensible.
POWER will conduct the environmental assessment and alternative route analysis in accordance with
POWER and DME's methodology and general criteria used on similar projects in Texas in the past.
The �rst stage of our routing process is to identify and refine the study area. The study area map will
define the area that will contain all reasonable routing alternatives. The logic of boundaries will be
discussed with DME during the project kick-off ineeting and documented in the Routing Study/EA.
Once the study area is established, our team will collect data pertaining to land use, biological, cultural,
and other resources. We will compile information through a variety of different sources including agency
letters and contacts, initial field reconnaissance, and existing resource data, reports, and mapping.
Our team will then assess sensitivity levels of each resource by considering potential direct and indirect
iinpacts associated with the construction, operation, and maintenance of the proposed line. Subsequent to
generating the resource maps, our GIS team will create a composite constraints map that includes
infonnation from all resource maps (e.g., habitable structures, historic buildings, etc.) and represents the
constraints and opportunities for identifying opportunity areas for the new transmission line. We will then
identify the preliminary alternative route segments based on an analysis of the potential opportunities and
constraints for line siting.
The project preliminary segments/routes will be presented at one public meeting and public input will be
collected. After the public input is considered and the public input analysis is complete, modifications
may be necessary to the preliminary segments/routes. A set of primary alternative routes will be
detennined and the detailed data collected will provide the baseline by which potential impacts will be
identified, and appropriate mitigation measures will be recommended. We will develop the impact
assessment methodology and an impact assessment methodology for each resource based on sensitivity,
quality, quantity, and impact duration. Comparative data will be assembled for each primary alternative
route and evaluated with evaluation criteria.
POWER will then prepare a Routing Study/EA that documents the following:
• The transmission line routing process, including constraints and opportunities identification, and
development of the preliminary alternative route segments;
• Types of land use and environmental issues that will likely be the focus of the impact assessinent
and any mitigation planning;
• Results of the Public Meeting;
• Rationale for selection of the primary alternative routes; and
• Detailed land use and environmental data analysis for the primary alternative routes.
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7, TRANSM/SS/ON L/NE SCOPE OF SERV/CES
This scope of services presents POWER's approach to the list of tasks, services and deliverables that we
propose to provide to DME on the transmission line projects. The services included are the typical tasks
required to prepare a Routing Study and Environmental Assessment (Routing Study/EA). These tasks
include data acquisition and analysis, support staff for public meetings, and coordination and preparation
of the Routing Study/EA.
DME's proposed transmission line projects are listed below. At this time, according to DME, only six of
the lines need to be considered (Nos. 3, 4a, 4b, 5, 6, and 7 in bold below). POWER has submitted a
proposal for and is currently working with DME on the Hickory to Locust Transmission (T'M) Line (No.
6 below).
DME Transmission Line Locations Requiring Land Action
1. Woodrow to Kings Row TM Line — Rebuild transmission line to replace aging structures and increase
capacity. TM Line rerouted to avoid easement conflicts. COMPLETE
2. Kings Row to Denton North TM Line — Rebuild transmission line to replace aging structures. TM
Line rerouted to avoid easement conflicts. NEARLY COMPLETE
3. Pockrus to Spencer Interchange - Build new transmission line to increase capacity and reliability.
4a. Denton North to North Lakes TM Line — Reconductor 1.25 mi. of transmission line to increase
capacity. Expand easements to current standards.
4b. Denton Narth to North Lakes TM Line - Rebuild 1 mile of transmission line to replace aging
structures and increase capacity. Expand easements to current standards.
5. North Lakes to Bonnie Brae TM Line — Rebuild transmission line to replace aging structures and
increase capacity. Expand easements to current standards.
6. Hickary to Locust TM Line - Rebuild transmission line to replace aging structures and increase
capacity. Expanding easements to current standards may require TM line to be rerouted. (Contract for
routing study approved August 7, 2012.) IN PROGRESS
7. Locust to Spencer TM Line — Reconductor transmission line to increase capacity. Expand easements
to current standards.
DME has indicated that only two of the listed projects are known to require routing studies at this time,
the Hickory to Locust and Pockrus to Spencer Interchange projects. As mentioned previously, POWER is
currently working with DME on the Hickory to Locust TM Line.
The other four upgrade projects that POWER has been requested to consider (Nos. 4a, 4b, 5 and 7) are
reconductoring or rebuild projects that also require expansion of existing easements to meet current
standards. The scope for these four projects would be similar in scope to projects requiring routing
studies because of the need to develop and present alternative routes to the public, the PUB, and/or City
of Denton City Council. With that explanation, it is the intent of our proposed scope of services to:
• Define the scope of work so you know exactly what we intend to do.
• List areas of responsibility.
• List the deliverables that you will receive.
• Lists the assumptions that we have made.
• Identify key project concerns and our proposed solutions.
• Serve as a ready-made project control system and the fundamental requirement for quality control
when the project begins.
• Become the foundation for project scheduling and budgeting throughout the project life.
17
AUS 146-008 (PROPOSALS) DME ( l/18/2013) LD
TRANSM/SS/ON L/NE TASK OUTL/NE
Task 0
Task 1
Subtask 1.1
1.2
1.3
1.4
1.5
Project Management
Project Startup
Project Kick-Off Meeting
Aerial Photography
Initial Field Reconnaissance
Finalize Study Area & Base Map
Finalize Evaluation Criteria
Task 2 Alternatives Development
Subtask 2.1 Collect Existing Data
2.2 Initial Agency Contact
2.3 Composite Opportunities & Constraints Map
2.4 Identify Preliminary Alternative Route Segments
2.5 Preliminary Alternative Route Segment Review
Task 3
Subtask 3.1
3.2
3.3
3.4
3.5
3.6
3.7
Task 4
Subtask 4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
Public Open House Meetings and Presentations
Public Open House Meeting Graphics and Exhibits
Public Open House Meeting Attendance
Public Open House Meeting Analysis
Presentation Graphics and Exhibits
Presentation/Meeting Attendance
Presentation/Meeting Analysis
Primary Alternative Routes
Routing Study/EA Preparation
Data Refinement
Impact Assessment and Mitigation Planning
Primary Alternative Route Comparison
Habitable Structure Inventory
Project Description
Draft Routing Study/EA
DME Review & Comments
Review Meeting
Final Routing Study/EA
18
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
Task O
Project Management
Our objective is to provide services to DME that will best facilitate the Routing Study/EA review and
approval process before the Public Utilities Board and the Denton City Council. To do this we will strive
to meet DME's schedule, budget and technical quality requirements for the project, while coordinating
closely with DME on the Routing Study/EA, agency coordination, and the public involvement process.
Project Supervision. Our project team is presented in this proposal. We have also established methods
for supervising and coordinating project participants.
Project Control. To provide project accounting and manage the project budget, POWER uses the
following control tools to track the project's progress at all times:
• Project scope of services
• Change order/work scope variance documentation
• Internal weekly financial reporting
• Project control functional matrix/weekly checklist
Schedule. POWER will create and maintain a milestone schedule for each transmission line project. This
project schedule will be updated monthly. We will create a detailed schedule rolled up by months that will
become the actual schedule after further develop�nent at the project kick-off ineeting.
Status Reporting. POWER recommends monthly or more frequent project status meetings with DME.
We have successfully used WebEx to host project meetings and propose this as an option on this project.
POWER's Project Director and/or another team member can also attend the meetings in person as
required by DME. The type of ineeting will depend on the project needs or DME's Project Director's '
preference.
Quality Program. We will follow a stringent quality program throughout the duration of each project to
provide high-quality deliverables. The quality program will be based on our established program, which
uses checklists to verify that deliverables meet established standards.
19
AUS 146-008 (P20POSALS) DME (I/18/2013) LD
Tas/r �
Project Startup
Our goal for the project startup task is to build and assemble the baseline data that will establish the
physical parameters for the environmental assessment and Routing Study/EA. We will utilize aerial
photography to identify and iinalize the study area boundary, which will establish the area within which
we will collect data. POWER will document the logic of the boundaries for inclusion into the EA.
SUBTASK 1.1 PROJECT KICK-OFF MEETING
Responsibility: POWER/DME
Deliverable(s):
• Preliminary Study Area Boundary
• Documented Logic of Study Area Boundary
• Preliminary Evaluation Criteria
At the project kick-off ineeting, we will meet with DME to review project goals, establish lines of
communication, document procedures and protocols, finalize the scope of services, budget, and schedule,
and verify roles and responsibilities. The meeting will also a11ow DME and POWER to establish the
finalized work plan.
At the kick-off ineeting we will present a preliminary study area boundary. With input from DME, we
will jointly determine the boundaries of the study area within which the Routing Study/EA will be
perfonned. Development of the study area boundary is further discussed in Subtask 1.4.
A preliminary list of evaluation criteria will be presented to DME at the kick-off ineeting. The evaluation
criteria will reflect accepted practices for the routing of transmission lines. Development and refinement
of the evaluation criteria is further discussed in Subtask 1.5.
Assumption(s):
• Project Director and one other team member will attend the kick-off ineeting in DME's office.
SUBTASK 1.2 AERIAL PHOTOGRAPHY
Responsibility: DME/POWER
Deliverable(s):
• Rectified Color Digital Aerial Imagery of the Entire Study Area
DME will provide POWER with recti�ed color digital aerial imagery of the entire study area. This source
of photography will provide the accuracy and resolution needed to reasonably identify habitable
structures and other relevant routing information for the Routing Study/EA. This imagery will also
provide the resolution required for high-quality inapping products required in other parts of the Routing
Study/EA.
POWER will obtain readily available aerial imagery if DME does not have recent aerial imagery for this
project. POWER and DME will review the quality of the readily available imagery (i.e. level of accuracy,
date flown, resolution, etc.) and agree on what iinagery will be used.
20
AUS 146-008 (PROPOSALS) DME (U18/2013) LD
Assumption(s):
• DME will provide the rectified color digital aerial imagery of the entire study area that will be
useful for producing clear prints.
• The rectified aerial photography will facilitate identification of various land use categories, linear
facilities, vegetation coverage, and habitable structures.
• The rectified aerial photography will facilitate identification of habitable structures within 300
feet of the centerline of proposed transmission line alternatives.
• Costs for aerial iinagery are not included in this proposal.
SUBTASK 1.3 INITIAL FIELD RECONNAISSANCE
Responsibility: POWER
Deliverable(s):
• Field Notes and Summary of Initial Field Reconnaissance
POWER will make field observations of the study area to become familiar with the local project area,
identify opportunity areas, examine existing lines and adjacent land uses, and identify other natural
features. This initial trip will identify technical or environmental challenges and note other sensitive
features or conditions that may affect the preliminary study area boundary and evaluation criteria,
environmental permitting, design, construction or right of way acquisition.
Assumption(s):
• One day field trip for two team members from POWER including travel time.
SUBTASK 1.4 FINALIZE STUDY AREA & BASE MAP
Responsibility: POWER/DME
Deliverable(s):
• Finalized Study Area Boundary and Base Map
• Documented Logic of Study Area Boundary
We will prepare a study area base map for review by DME at the kick off ineeting. The final base map
will include utilities, transportation (roads, railroads, etc.), and existing linear features, in addition to
neighbarhood development boundaries, topography, and hydrography. We will base the study area
boundary on the endpoints for the transmission line provided by DME, and a map analysis of the
physical, major land use and topographic constraints that would define "reasonable" transmission line
alternatives.
Assumption(s):
• The study area will be finalized via digital files and telephone conference.
• Existing digital map data and scale will be acceptable.
• Existing utility location infor�nation will be provided by DME.
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AUS 146-008 (PROPOSALS) DME (I/18/2013) LD
SUBTASK 1.5 FINALIZE EVALUATION CRITERIA
Responsibility: POWER/DME
Deliverable(s):
• Finalized evaluation criteria
Based on the initial field reconnaissance, POWER will review and �nodify, if necessary, the preliminary
evaluation criteria identified in Subtask 1.1. The evaluation criteria will be finalized with input from
DME.
Assumption(s):
• DME will provide input on the final evaluation criteria.
22
AUS 146-008 (PROPOSALS) DME (I/18/2013) LD
Task 2
A/ternatives Deve%pment
Our objective is to conduct an objective alternative routing study. The routing methodology will be
documented and consider factors such as community values, recreational and park areas, historical and
aesthetic values, and environmental integrity. The EA will include study area identification and
refineinent, collection of existing environmental data, field reconnaissance from public viewpoints, and
constraint identification and mapping. It will also explore land use and environmental issues that will
likely be the focus of the impact assessment and any mitigation planning.
SUBTASK 2.1 COLLECT EXISTING DATA
Responsibility: POWER
Deliverable(s):
• Resource Inventory
o Land Use
o Cultural Resources
o Biological Resources
o Wetlands and Water Resources
o Visual Resources
o Physiography/Geohazards
• Supporting Database for Resource Inventory
• Preliminary Documentation for EA
POWER will acquire and review existing and readily available data from secondary sources such as the
Texas Historical Commission (THC), State Historic Preservation Office (SHPO), Denton County, City of
Denton, U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USACE), Texas Parks
and Wildlife Department (TPWD), Texas Natural Diversity Database (TXNDD), Texas Commission on
Environmental Quality (TCEQ), and other library sources such as published and unpublished reports. We
will obtain linear facility data such as existing transmission lines, major water/wastewater lines, and gas
pipelines in GIS or CAD format from DME and other readily available sources.
We will prepare resource information and a database specific to the study area and prepare graphical and
written analysis of existing resources. We will conduct a high-level literature review and records search
for identified cultural resources within the study area. We will begin preparing the EA sections
documenting the current status of the existing land use and environmental resources to be evaluated in the
study.
The EA will include information on the following resources:
Land Use
• Residential and Commercial Concentrations — POWER will obtain and map developed and
developing areas using recent aerial photography. Refer to Subtask 4.4 for a description of the
detailed Habitable Structures Map and inventory.
• Electronic installations.
All Federal Aviation Administration listed airports/airstrips within 20,000 feet and heliports
within 5,000 feet of any potential alternative route, including those outside of the study area
boundary.
All agricultural lands including pasture ar croplands irrigated by traveling irrigation systeins.
23
AUS 146-008 (PROPOSALS) DME (Il18/2013) LD
• Obtain and review Denton County and City of Denton comprehensive plans, as needed.
• Parks, recreation, and preservation areas:
o Collect data from TPWD and other agencies for parks and designated wildlife
management areas or other special management areas.
o Map state or local parks, monuments and trails, developed recreation areas, etc.
• Linear facilities, public facilities, and utilities.
• Review existing data files and update as readily available through existing sources, and map and
document into EA. This would include pipelines, roads, existing transmission lines, and other
linear features.
• Conduct a field review of current land uses along the proposed alternatives to supplement aerial
photography interpretation.
Cultural Resources
• Power will provide qualiiied and experienced professional cultural resource staff to identify
cultural resource constraints within the study area and evaluate 138kV transmission line routing
alternatives within the framework of POWER's overall project planning process. POWER's
cultural resource identiiication and evaluation efforts will begin with collection and review of
officially recorded cultural resource sites data on file with the Texas Historical Commission as
well as Denton County and the City of Denton. The records check will identify all recorded
historic sites within the project Study Area, including historic-age buildings, districts, structures
and objects, as well as historically designated cemeteries using a variety of hard-copy and internet
sources. Given that the City of Denton and Denton County have active historic preservation
programs, POWER's cultural resources staff will also contact official representatives from those
programs to idenrify any additionally recognized, but not yet listed, cultural resource sensitivity
areas within the Study Area. The identified cultural resource locations will be assembled into
POWER's environmental and cultural resource database for later use in analysis of alternative
project routes.
• POWER will supplement the cultural resource records review by conducting a brief windshield
reconnaissance of the study area to confirm recorded historic site locations and district
boundaries. The windshield reconnaissance also will include reconnaissance-level mapping and
sample photographs of additional properties and neighborhoods that appear to be of sufficient
historic-age and historical integrity to warrant inclusion in POWER's alternative route analysis.
POWER's cultural resources staff will also take photographs and prepare field notes to document
incompatible and non-historic alterations that detract from the integrity of setting and feeling of
historic cultural resources in the Study Area.
• POWER's cultural resource staff will use the results of the records review and windshield
reconnaissance to develop a brief written summary of relevant historical and cultural constraints
within the Study Area for inclusion in POWER's planning and route analysis document for the
project. A complete list of recorded historic and cultural properties as well as other historic-age
resources identified during the windshield reconnaissance will be presented in a tabular format
along with maps of their locations. The written summary may also include sample photos to
illustrate existing conditions in and around identified historic sites.
Biological Resources
• Collect any known threatened and endangered species and habitat infonnation from sources such
as TPWD and USFWS, or other sources that may have available data.
• Docuinent existing native vegetation and any high-quality riparian and wetland habitats present,
etc.
24
AUS 146-008 (PROPOSALS) DME (Ul8/2013) LD
Wetlands and Water Resources
• Evaluate maps and existing agency data, including surface waters, wetlands (using U.S.
Department of Interior National Wetland Inventory (NWI) maps or other existing data sources),
riparian systems, and streams.
Visual Resources
• Identify residential concentrations, parks, cemeteries, and designated scenic streets/highways.
Physio -rg,_aphv/Geohazards
• Identify soils within the study area.
• Identify geohazards, such as faults, liquefaction, slumping or other unstable areas.
• Agricultural lands (refer to land use).
Assumption(s):
• One day field trip for two team members from POWER including travel time.
• No field surveys or biological surveys to acquire data will be conducted in this task.
• County soil surveys and internet resources will be used for soils identification within the study
area.
• Cultural resource records search would include THC records.
• Data collected will be used for constraints and opportunities mapping (Subtask 2.3).
SUBTASK 2.2 INITIAL AGENCY CONTACT
Responsibility: POWER
Deliverable(s):
• Proposed Agency/Contact List
• Agency/Contact Letters
In this subtask we will develop a proposed list for the initial agency/contact letters for input about the
study area. The list will include federal, state and local agencies which have jurisdiction, special interest
or may have speciiic input related to the proposed project. Our proposed agency/contact list is anticipated
to include:
• Judge and Commissioners of Denton County
• City of Denton officials
• Planning Departments of Denton County and the City of Denton
• Railroad Commission of Texas
• Economic Bureau of Geology
• Texas Department of Transportation
o Headquarters and District Ofiice
• Texas Department of Transportation — Aviation
• Texas Parks and Wildlife Department
• Texas General Land Of�ce
• Texas Commission of Environmental Quality
• Texas Historical Commission
• Texas Water Development Board
• U.S. Fish and Wildlife Service
25
AUS 146-008 (PROPOSALS) DME (U18/2013) LD
• U.S. Army Corps of Engineers
• Federal Aviation Administration
• Federal Emergency Management Agency
• Natural Resource Conservation Service
DME and POWER will review the proposed agency/contact lists for completeness and accuracy.
POWER will draft an initial agency/contact letters for DME to review. The letter will inform the
agencies/contacts of the proposed project to solicit their input in the beginning stage of data collection.
The contact letters may generate requests for or determine that a meeting is necessary with various
agencies or other groups to gather information needed to identify constraint areas to aid in identification
of the preliminary transmission line segments. Meetings may also be required to identify
permitting/licensing requirements for construction of the transmission line. If required, these meetings
will be coordinated with input from DME.
Authorized contact and correspondence between POWER and the public and/or local officials, or state or
federal agency personnel will be properly documented for future reference as required.
Assumption(s):
• Agency/contact lists and letters will be finalized via telephone and e-mail.
• DME will provide and deliver letters to local ofiicials.
• Agency/contact letters will be mailed via regular U.S. mail.
• Agency meetings are not included in this scope or budget.
SUBTASK 2.3 COMPOSITE OPPORTUNITIES & CONSTRAINTS MAP
Responsibility: POWER
Deliverable(s):
• Composite Opportunities and Constraints Map
This task coinbines the individual resource information (land. use, biological resources, water and wetland
resources, and physiography/geohazards) collected in Subtask 2.1 to produce a composite GIS map. The
composite map will illustrate constraints to and opportunities for routing the transmission line within the
study area. Linear features such as compatible rights of way, any vacant positions on existing multiple
circuit lines, property lines, streets, or other natural or cultural features will represent some of the routing
opporiunities far further analysis. Areas or features highly sensitive to disturbance from the construction,
operation and maintenance of the transmission line will represent the greatest potential constraints, or
potentially significant changes to the natural, cultural or human environment.
Assumption(s):
• A single composite map will be produced combining the constraints and opportunities.
26
AUS 146-008 (PROPOSALS) DME (1/l8/2013) LD
SUBTASK 2.� IDENTIFY PRELIMINARY ALTERNATIVE ROUTE SEGMENTS
Responsibility: POWER
Deliverable(s):
• Preliminary Alternative Route Segments Map
We will use the data gathered in Subtasks 2.1 and 2.2 and analyzed in Subtask 2.3 to identify opportunity
areas for the proposed line. Within the opportunity areas we will identify preliininary alternative route
seginents for the proposed transmission line. Areas or features that are highly sensitive to disturbance
from construction, operation and maintenance of the transinission line will represent the greatest
constraints. Disturbance of these features could potentially result in significant changes to the natural,
human or cultural environment. Areas exhibiting minimal sensitivity generally indicate opportunities for
siting. These opportunities occur where impacts can be reduced or minimized. We will locate the
preliminary alternative route segments to:
• Where possible: utilize existing compatible rights of way (including vacant positions); and
parallel existing compatible rights of way; parallel property lines or other natural or cultural
features.
• Minimize impacts to existing land use.
• Maximize the use of existing access.
• Minimize clearing requirements.
• Facilitate efficient and cost-effective transmission line design.
• Provide adequate space for angles and dead-end structures, as appropriate.
POWER's environmental staff will identify possible alternative route segments that provide for
geographically diverse and feasible transmission line routes. POWER will prepare a preliminary
alternative route segments map. On the map, we will identify preliminary alternative route segments by
comparing areas of constraints with the location of opportunity areas. GIS will be the primary tool to
perform this analysis, taking into account the sensitivity criteria previously developed, and review by the
multidisciplinary team. We will identify the preliminary alternative route segments for review by DME
and for iield reconnaissance.
We will prepare a section for the Routing StudyBA documenting constraints, opportunities and
development of the preliminary routes. Specific criteria and distance specifications will be incorporated
into the opportunities and constraints mapping, written analysis and evaluation of the preliininary routes.
These evaluation criteria are primarily taken from Public Utility Commission of Texas requirernents and
will include:
• Habitable structures within 300 feet of the centerline of the project.
• Recreational areas owned by a governmental body or an organized group, club or church located
within 1,000 feet of the centerline.
• Historical and archeological sites known to be within 1,000 feet of the centerline.
• FAA-registered airports within 10,000/20,000 feet of the centerline, depending on runway length.
• Private airstrips within 10,000 feet of the centerline.
• Registered heliports within 5,000 feet of the centerline.
• AM radio transmitters within 10,000 feet of the centerline.
• FM radio transmitters, microwave relay stations or other siinilar electronic installations within
2,000 feet of the centerline.
27
AUS 146-008 (PROPOSALS) DME (I/18/2013) LD
• Pasture ar cropland irrigated by traveling irrigation systems (rolling or pivot type) traversed by
the proposed project.
Assumption(s):
• The GIS database will be the primary tool used to analyze the sensitivity criteria.
• All identified preliminary alternative route segments will be within the study area boundaries
identified during Subtask 1.4.
• Meetings and field trips are not included in the scope and budget for this task.
SUBTASK 2.5 PRELIMINARY ALTERNATIVE ROUTE SEGMENTS REVIEW
Responsibility: POWER/DME
Deliverable(s):
• Hard Copy of Preliminary Alternative Route Segments
• Electronic File of Preliminary Alternative Route Segments
• Hard Copy and Electronic File of Revised Preliininary Alternative Route Segments
POWER will provide DME the preliminary alternative route segments in both hard copy and electronic
file fonnat. This will allow DME to make necessary revisions, additions or adjustrnents to verify that the
preliminary alternative route segments are both technically and economically feasible to construct.
Upon completion of the review, POWER and DME will meet to discuss the preliminary alternative route
segments mapped during Subtask 2.4. Following this in-office or WebEx meeting, POWER will
incorporate changes and will then conduct site reconnaissance of the preliminary alternative route
segments from public viewpoints. If any adjustments are required following the field reconnaissance
POWER and DME will review and agree upon the preliminary alternative route segments that will be
presented at the public open house meetings.
POWER will provide DME with the revised preliminary alternative route segments both in hard copy and
in electronic file format. POWER will provide the alignment of each preliminary alternative route
segment to assist DME in developing the notification list for the public open house meetings.
Assumption(s):
• Project Director or Project Manager and one other POWER team member will attend a one day
meeting in DME's ofiices.
• A one-day field reconnaissance by two team members to review any revisions made to the
preliminary alternative route segments (if needed).
• If any adjustments are warranted after the field reconnaissance, DME and POWER will meet to
review the changes,
• DME will obtain property ownership infonnation.
• DME will provide notice of the public meetings.
28
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
Task 3
Pub/ic Open House Meetings And Presentations
POWER will assist DME in hosting one effective and procedurally sound public open house meeting for
each transmission project. The meeting is intended to solicit information from the public that will be
evaluated, summarized and incorporated into the Routing Study/EA as appropriate. POWER assumes that
POWER and DME will analyze the input received from the public meeting.
• If requested, POWER will, with DME's input, identify the facilities for the meetings, prepare and
place ad(s) in local newspapers, and prepare handout materials/questionnaires. POWER is
responsible for the map handout showing the preliininary alternative route segments: see Subtask
3.1.
• If requested, POWER can also assist DME with producing a Frequently Asked Questions (FAQ)
sheet describing the proposed project and the processes required for approval and construction, as
well as notify the appropriate landowners, groups, and public officials of the meeting date and
location.
• POWER understands that DME will provide the inajority of exhibits relating to the study area
location and the proposed line to be displayed at the public open house meetings.
• Authorized contact and correspondence between POWER and the public and/or local ofiicials, or
state or federal agency personnel will be properly documented for future reference.
POWER proposes to assist DME with attending presentationslmeetings with the Public Utilities Board
and/or the Denton City Council. For budgetary purposes, participation in a total of two (2)
presentations/meetings for each project has been assumed. The presentations/meetings will be held at
various times throughout the course of the project and are intended to explain the need and approach to
the project, POWER's role in the project, and answer any questions about the project. Depending on the
timing of each of the presentations, some of the graphics and exhibits used at the public open house
meetings can be used at the presentations, while some new graphics and exhibits will be needed.
• If requested, POWER will, with DME's input, prepare handout materials for the presentations.
POWER assumes that the meeting locations will be detertnined by their respective audiences.
• POWER understands that DME will provide the majority of exhibits relating to the study area
location and the proposed line to be displayed at the presentations.
SUBTASK 3.1 PUBLIC OPEN HOUSE MEETING GRAPHICS AND EXHIBITS
Responsibility: POWER
Deliverable(s):
• Preliminary Alternative Route Segments Map with Enviromnental and Land Use Constraints
• Preliminary Alternative Route Segments Map Handout
• Agencies Contacted Exhibit
• Evaluation Criteria Exhibit
• Questionnaire
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AUS 146-008 (PROPOSALS) DME (U18/2013) LD
POWER will develop and provide one (1) public involvement exhibit of the preliminary alternative route
segments map overlain on large-scale aerial photographs (1 inch = 2,000 feet or less) for the public open
house meeting. The map will depict the environmental and land use constraints that were identified and
utilized during the routing study and will clearly identify the station site and the preliminary alternative
route segments.
POWER will refine the Preliminary Alternative Route Segments Map to produce a handout map to
convey the location of the proposed project to the public. The map will be a reduced version of the
preliminary alternative route segrnents map and will clearly identify the study area boundary, the
preliminary alternative route segments, major roadways (labeled) and landmarks (e.g., airports and
railways). The map will be 8.5" x 11" or 11" x 17" in size.
POWER will develop and prepare a public involvement exhibit (1) that identifies the evaluation criteria
utilized during the routing study. POWER will provide one (1) exhibit that identifies the agencies
contacted during the routing study.
Assumption(s):
• DME will host the public open house meeting,
• One (1) public open house meeting is assumed for each project.
• DME will provide guidance regarding format and size of exhibits.
• One hundred (100) 11" x 17" black and white map handouts are assumed for the public open
house meeting for budgetary purposes.
• POWER will mount two (2) preliminary alternative route segments maps for the public open
house meeting, one (1) criteria exhibit, and one (1) agencies contacted exhibit for a total of four
(4) exhibits.
• With DME's input, POWER will prepare a questionnaire to be provided to public meeting
attendees.
SUBTASK 3.2 PUBLIC OPEN HOUSE MEETING ATTENDANCE
Responsibility: POWER
Deliverable(s):
• Participation in the Public Open House Meeting
• Support the Open House Meeting as Necessary with Experts in the Fields of Siting and
Environmental Assessment
POWER will prepare for and attend the public open house meeting to collect input on the preliminary
alternative route segments. POWER will provide a total of two (2) personnel to man the routing and
environmental stations. Below are our proposed personnel for the public open house meeting. Key project
issues will dictate if other specialists will be required to attend the meeting (e.g. historic buildings
specialist, etc.):
• Rob Reid — Project Director
• Lisa Meaux — Project Manager
• Emily Belts — Land use and public involvement
• Denise Williams — Land use and public involvement
Assumption(s):
• One (1) public open house meeting is assumed for each project.
30
AUS 146-008 (PROPOSALS) DME ( I/18/2013) LD
• POWER's Project Director and/or Project Manager and one other team meinber will participate
in the public open house meeting, a total of two (2) people, unless more are requested or deemed
necessary, including travel time.
• DME will provide refreshments for the meetings.
SUBTASK 3.3 PUBLIC OPEN HOUSE MEETING ANALYSIS
Responsibility: POWER
Deliverable(s):
• Scanned Copies Of Co�npleted Questionnaires and Filled in, Sign-in Sheet
• Memorandum of Follow Up and Consideration
• Public Input Analysis
• Set of Primary Alternative Routes
POWER will provide a scanned copy of the completed open house questionnaires and filled in sign-in
sheet to DME for review and verification after the public open house meeting.
POWER will follow up and consider the input received during the open house meeting. Follow up and
consideration of input may involve additional data collection, field reconnaissance, and aerial
photography interpretation. POWER will prepare a memorandum documenting the follow up and
consideration fndings.
Results of the public input follow up and consideration will be included in the Routing Study/EA.
POWER will conduct an analysis of the filled in questionnaires and comments received during the open
house meetings. The public input analysis will provide a ranking of the issues considered important by the
public. The analysis will also identify areas and preliininary alternative route segments which received the
most input.
Input received from the public (federal, state, local, and individual) may result in modifications to the
preliminary alternative route segments. Proposed modifications will be discussed with DME.
Modifications to the preliminary alternative route segments will be documented for inclusion in the
Routing Study/EA.
A set of primary alternative routes will result and will be the focus of further study and data refinement in
the Routing StudyBA (Subtask 4.6).
Assumption(s):
• One (1) public open house meeting is assumed.
• Scanned copies of one hundred (100) 3-sheet completed questionnaires (including map if marked
on) are assumed for budgetary purposes.
• A field trip for verification is not included in this scope and budget.
31
AUS 146-008 (PROPOSALS) llME (1/18/2013) LD
SUBTASK 3.4 PRESENTATION/MEETING GRAPHICS AND EXHIBITS
Responsibility: POWER
Deliverable(s):
• A PowerPoint presentation (if necessary) with a maximum of 20 slides
Depending on the timing of the individual presentations, POWER and DME may be able to use exhibits
created for the public open house meetings. Some additional exhibits may be needed.
POWER will develop and provide information in PowerPoint format in coordination with DME.
Assumption(s):
• DME will lead the presentation/meeting and POWER will provide support.
• Two (2) presentations/meetings are assumed: one (1) presentation/meeting with the Public
Utilities Board and one (1) presentation/meeting with the Denton City Council.
• DME will provide guidance regarding format and size of exhibits.
• Graphics and e�ibits that are required in addition to those created for the public open house
meeting are not included for budgetary purposes.
SUBTASK 3.5 PRESENTATION/MEETING ATTENDANCE
Responsibility: POWER
Deliverable(s):
• Participation in presentations/meetings with the Public Utilities Board or Denton City Council
• Support the Presentations as Necessary with Experts in the Fields of Siting and Environmental
Assessment
POWER will prepare for and attend the presentations/meetings to explain the need and approach to the
project, POWER's role in the project, and answer any questions about the project. POWER will provide
personnel to explain the various aspects of the project. Below are our proposed personnel for the
presentations. Key project issues will dictate if other specialist will be required to attend the meeting (e.g.
biologist, land use specialist, etc.):
• Rob Reid — Project Director
• Lisa Meaux — Project Manager
• Emily Belts — Land use and public involvement
• Denise Williams — Land use and public involvement
Assumption(s):
• Two (2) presentations/meetings are assumed: one (1) presentation/meeting with the Public
Utilities Board and one (1) presentation/meeting with the Denton City Council.
• POWER's Project Director or Project Manager will participate in the presentations/meetings,
including travel time.
32
AUS 146-008 (PROPOSALS) DME (1/l8/2013) LD
SUBTASK 3.6 PRESENTATIONS/MEETINGS ANALYSIS
Responsibility: POWER
Deliverable(s):
• Officials' Input Analysis
• Set of Primary Alternative Routes
POWER will follow up and consider the input received during the presentations/meetings. Follow up and
consideration of input may involve additional data collection, field reconnaissance, and aerial
photography interpretation.
Results of the input follow up and consideration will be included in the Routing Study/EA.
Input received from the Public Utilities Board and the Denton City Council may result in modifications to
the preliminary and/or primary alternative route segments, depending on when the presentations are given
over the course of the project. Proposed modifications will be discussed with DME. Modifications to the
preliminary/primary alternative route segments will be documented for inclusion in the Routing
Study/EA.
A set of primary alternative routes will result and will be the focus of further study and data refinement in
the Routing Study/EA (Subtask 4.6).
Assumption(s):
• Two (2) presentations/meetings are assumed: one (1) presentation/meeting with the Public
Utilities Board and one (1) presentation/meeting with the Denton City Council.
• A field trip for veri�cation is not included in this scope and budget.
SUBTASK 3.7 PRIMARY ALTERNATIVE ROUTES
Responsibility: POWER/DME
Deliverable(s):
• Set of Primary Alternative Routes
• Primary Alternative Routes Plotted on Aerial Photos
• Primary Alternative Routes Plotted on Topographic Maps
• Electronic File of Primary Alternative Routes
POWER and DME will arrive at a set of approximately four to eight primary alternatives. The primary
alternatives will be the subject of the environmental/land use analysis and will be plotted on aerial maps
with property boundaries (provided by DME).
Assumption(s):
• Project Director or Project Manager will attend a one day meeting in DME's offices or conduct a
WebEx meeting.
• DME will provide input into the selection of the primary alternative routes.
• Cost to obtain and/or digitize property boundaries is not included in this scope or budget.
33
AUS 146-008 (PROPOSALS) DME (I/18/2013) LD
Task 4
Routing Study/EA Preparation
The POWER Team will prepare a Routing Study/EA for each of the proposed transmission line projects
that will document the methodology used to objectively identify and evaluate the primary alternative
routes for the proposed transmission line in an acceptable manner considering such factors as community
values, recreational and park areas, historical and aesthetic values, and environmental integrity. The
Routing StudyBA will describe the local-level land use and environmental information for the primary
alternative routes, and discuss the types of land use and environmental issues that will likely be the focus
of the impact assessment and mitigation planning of the detailed studies to:
• Determine the probable environmental impacts of constructing, operating and maintaining the
transmission line.
• Identify appropriate potential mitigation measures that would reduce or eliminate impacts.
POWER will coordinate closely with DME to assist in providing the necessary information to fulfill the
project requirements.
SUBTASK 4.1 DATA REFINEMENT
Responsibility: POWER
Deliverable(s):
• Data Refinement Memo
Data collected in previous tasks, specifically Subtasks 2.1, 2.2, 3.3 and 3.6, will be verified and further
refined to the level of detail required to assess the impacts and develop possible mitigation for the primary
alternative routes arrived at in Subtask 3.7. The primary alternative routes will be a feasible and
reasonable set of routes that reduce potential impacts to as many of the land use/environmental resources
as practicable. The primary alternative routes will be adjusted to reflect locations of constraining land use,
environmental features and engineering criteria. The primary alternative routes selected will minimize
potential conflicts with areas of highest constraint (most sensitive areas) and maximize opportunities to
utilize or parallel linear features appropriate (e.g., existing roads, utility rights of way).
Data that may require further refinement once the primary alternative routes are identified, include
obtaining additional information about electronic installations, conducting a visual impact analysis, field
verification from public viewpoints of natural resource locations, further aerial photography interpretation
for land use, and identification of potential historic structures.
Assumption(s):
• A field trip for verification is not included in this scope and budget.
SUBTASK 4.2 IMPACT ASSESSMENT AND MITIGATION PLANNING
Responsibility: POWER
Deliverable(s):
• Impact Tables and Matrices
• Primary Alternative Route Impact Summaries
• Mitigation Recommendations (if any)
34
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
For this task, we will develop the impact assessment methodology and assess potential impacts of the
primary alternative routes, including both the positive and negative, on the environmental and land use
resources. We will organize the findings into impact tables and inatrices. Summaries of potential impacts
will be tabulated in a table by individual primary alternative route segments. The information will then be
combined and presented to correspond to the segments comprised in each alternative route. We will
assess potential impacts for each resource.
We will assume estimated amounts of disturbed area and vegetation clearing from construction, footing
installation or digging operations, structure assembly and erection, conductor stringing and tensioning,
and material staging areas.
Following the impact assessment, we will develop and recommend potential mitigation measures, if any,
to minimize project related impacts.
Assumption(s):
• Mitigation measures will be reviewed and approved by DME before inclusion in the Routing
Study/ EA.
SUBTASK 4.3 PRIMARY ALTERNATIVE ROUTE COMPARISON
Responsibility: POWER
Deliverable(s):
• Route Comparison Table and Descriptions for Inclusion in the Routing Study/EA
• Independent Discipline Review of Primary Alternative Routes
• Team Review of Primary Alternative Routes
This subtask involves sutmnarizing the interdisciplinary impacts for each of the primary alternative
routes, and then comparing their potential impacts. To accomplish this, the POWER team, comprised of
different discipline leads, will independently review the data summarized for each primary alternative
route. After the review, the team will meet as a group and determine the relative importance of each group
of criteria in the natural, human and cultural resource categories.
We will document the primary alternative route comparison for the appropriate section of the Routing
Study/EA, and we will analyze and compare the primary alternative routes, summarizing baseline
environmental/land use data and potential impacts.
Cultural Resources Alternatives Anal.�
• POWER will quantify the results of its records review for each alternative route segment within
the framework of POWER's matrix of environmental and cultural resource factors, as needed to
aid in evaluation of full-length routing alternatives. Quantification of results will be limited to a
zone extending 1,000 feet beyond the centerline of proposed route segments. Using the quantified
results POWER's cultural resource staff will participate in planning team meetings as needed to
help evaluate alternative routes that meet the purpose and need of the project, while minimizing
detrimental effects to historically significant cultural resources. The results of POWER's analysis
of cultural resource constraints along each alternative segment and route will be summarized in
an appropriate section of POWER's Routing StudyBA for the project.
• POWER does not anticipate that its cultural resources staff will need to attend city council
presentations or other public meetings, though attendance at such meetings can be performed if
35
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
needed. POWER's proposed services also do not include services to consult with the Texas
Historical Commission or prepare cultural resource documents or assessments that may be
required under the Antiquities Code of Texas, which applies to all project areas owned or
controlled by subdivisions of the State of Texas. If such services are required, POWER can
provide those as needed.
Assumption(s):
• The primary alternative route comparison table and descriptions will be presented in the Routing
Study/EA and will assist DME in identifying a route that best addresses the various routing,
engineering, and cost factors.
SUBTASK 4.4 HABITABLE STRUCTURE INVENTORY
Responsibility: POWER
Deliverable(s):
• Habitable Structure Inventory
• Habitable Structure Cross Reference Tables
POWER will prepare a digital data layer of DME's alternative routes that accurately depicts habitable
structures located within 300 feet of the alternative route centerlines. The recorded distances will be based
on data collected in the field with a range finder or from measurements made from the rectified aerial
photography, or a combination of both. The method of ineasurement will be documented. One two-day
field trip for two POWER personnel inay be necessary depending on the level of development within the
study area.
POWER will also include in the digital file a 300-foot delineation boundary for DME to assist in the
development a notice list for the notification letters. If requested, POWER will mail and prepare the
notiiication letters using land ownership information received from DME.
Once the inventory of habitable structures is compiled, POWER will develop cross-reference tables which
will include an identification number for each habitable structure, a general description of each habitable
structure, and its distance from the centerline of the respective primary alternative route. In densely
populated areas, habitable structures may be identified in groups. The number of habitable structures in
each group and the distance froin the centerline of the alternative route to the closest structure in the
group will be provided.
Assumption(s):
• One two-day field trip assumed for two POWER personnel depending on the development within
the study area.
• DME will provide notice to individual property owners.
• Notifcation letter preparation and mailing by POWER is not included in this scope or budget.
SUBTASK 4.5 PROJECT DESCRIPTION
Responsibility: POWER/DME
Deliverable(s):
• Project Description
36
AUS 146-008 (PROPOSALS) DME (U18/20(3) LU
• Infonnation Necessary to Develop the Project Description
POWER will prepare a detailed project description with information provided by DME. This description
will include the following infonnation:
• Proper verbiage to describe the project
• Transmission line structure type/design
• Right of way requirements
• Foundation types
• Conductor configuration and design parameters
• Description of clearing
• Construction techniques and processes
Assumption(s):
• DME will provide necessary information to prepare the project description.
SUBTASK 4.6 DRAFT ROUTING STUDY/EA
Responsibility: POWER
Deliverables:
• Draft Routing Study/EA
• Alternative Routes Map
• Internal QA/QC
We will prepare a draft Routing Study/EA that documents the primary alternative route selection process,
describes existing resources of the project area and discusses potential impacts and potential mitigation
measures.
The Routing Study/EA, prepared by POWER, and its evaluation of the primary alternative routes, will
allow DME to present a set of alternative routes to the Denton City Council that provides a reasonable
balance with regards to potential impacts on the community and general public, preservation of
community values, the environment, historic sites, service reliability, and prudent engineering and
construction.
From these alternative routes DME can select an alternative route that best addresses the various routing,
engineering, and cost factors.
37
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
The Routing Study/EA will approximate the following general outline:
Chapter 1— Description of the Proposed Project
Scope of the Project
Purpose and Need
Agency Actions
Construction Considerations
Maintenance
Chapter 2 — Environmental Setting
Introduction
Physiography
Geology
Soils
Mineral and Energy Resources
Water Resources
Ecological Resources
Socioeconomics
Human Development
Aesthetics
Cultural Resources
Chapter 3— Environmental and Land Use Constraints
Natural Resources
Human Resources
Constraint Areas
Chapter 4— Selection and Evaluation of Alternatives
No Action Alternative
Alternative Route Selection
Modifications to the Preliminary Route Segments
Alternative Route Evaluation
Chapter 5— Impacts of the Alternative Routes
Natural Resources Impacts
Human Resources Impacts
Cultural Resources Impacts
Evaluation of Alternative Routes
Chapter 6— List of Preparers
Chapter 7 - References
Appendices:
A Agency Correspondence
B Public Involvement
C Habitable Structures and Other Land Features in the Vicinity of Alternative Routes
Assumption(s):
• Two (2) copies of the Draft Routing Study/EA will be provided to DME for review. More copies
can be provided upon request.
• The Draft Routing StudyBA will consist of approximately 100 pages (50 two-sided pages) plus
appendices and maps, up to 10 graphics and figures, 10 tables, 10 maps.
38
AUS 146-008 (PROPOSALS) DME (1118/2013) LD
SUBTASK 4.7 DME REVIEW & COMMENTS
Responsibility: DME
Deliverable(s):
• DME Comments on the Draft Routing Study/EA
Following the delivery of the Draft Routing StudyBA we assume a one week review by DME, after
which we would meet to discuss cominents (Subtask 4.8). POWER is available to answer questions that
may arise during this review period.
Assumption(s):
• Review will be complete within one week.
SUBTASK 4.8 REVIEW MEETING
Responsibility: DME/POWER
Deliverable(s):
• Review Meeting
POWER and DME will meet in DME's offices to review the Draft Routing StudyBA and receive
comments.
Assumption(s):
• POWER's Project Director and/or one other POWER team member will attend one, one day
meeting to review the Draft Routing Study/EA comments with DME.
SUBTASK 4.9 FINAL ROUTING STUDY/EA
Responsibility: POWER
Deliverable(s):
• Second Draft Routing Study/EA
• Camera-Ready Final Routing Study/EA
• Final Routing Study/EA
Following DME's review of the Draft Routing StudyBA, we will begin to compile and evaluate the
cominents and questions generated by DME in Subtasks 4.7 and 4.8. We will assign responsibility for
incorporating revisions to the document, incorparate the responses into the Second Draft Routing
StudyBA and submit the report to DME for secondary internal review.
Two (2) unbound copies of the Second Draft Routing Study/EA with consecutive page numbering will be
submitted to DME for the secondary internal review. Upon receiving the secondary set of comments, the
Final Routing Study/EA will be prepared for final production.
A camera-ready Final Routing Study/EA will be submitted to the DME Project Director. The camera-
ready review of the Final Routing StudyBA allows for verification that the secondary set of comments
were correctly addressed and incorporated into the Final Routing StudyBA. Review of the camera-ready
39
AUS L46-008 (PROPOSALS) DME (l/18/2013) LD
Final Routing Study/EA will also allow the DME Project Director to review the final layout of the
document.
Upon notice from the DME Project Director, POWER will prepare ten (10) bound and unbound copies of
the Final Routing Study/EA.
Assumption(s):
• Two (2) copies of the Second Draft Routing Study/EA for budgetary purposes.
• One (1) Camera-Ready Final Routing StudyBA will be submitted to the DME Project Director
for final review for budgetary purposes.
• Ten (10) Final Routing Studies/EAs assumed for budgetary purposes (approximately $150 per
document).
• The Final Routing StudyBA will consist of approximately 100 pages (50 two-sided pages) plus
appendices and maps, up to 10 graphics and iigures, 10 tables, 10 color maps.
40
AUS 146-008 (PROPOSALS) DME (Ul8/2013) LD
8. TR.4NSM/SS/ON L/NE BUDGET EST/MATES
POWER has developed the following proposed budget range estimates for DME's transmission line
projects. These estimates are based on our current understanding of DME's planned line projects. Our
budget is based on the information presented in the scope of services and is subject to change once more
detail is understood about each transmission line project. If projects occur concurrently and some tasks
are combined, costs may be reduced (i.e. the initial kickoff ineeting, site visits, data collection, and base
map development).
Two tables are provided; the first table summarizes our proposed time-and-materials budget range for
each transmission line project task. The second table provides a proposed budget for each specific
transmission line project. These estimates are subject to further refinement by DME and POWER.
DME INDIVIDUAL TRANSMISSION LINE BUDGET RANGE SUMMARY
TASK DESCRIPTION BUDGET
0 Project Management $11,000 - $14,000
1 Project Startup $12,000 - $15,000
2 Alternatives Development $25,000 - $29,000
3 Public Open House Meetings and Presentations $29,000 —$33,000
4 Routing Study EA Preparation $70,000 -$73,000
TOTAL $147,000 - $164,000
The schedule of charges will be in accordance with the current rate sheet included in the Professional
Services Agreement. Mileage and travel expenses, materials or office supplies, copy charges, and
document production are included in our budget and in the scope of services.
41
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
TOTAL BUDGET SUMMARY
The grand total for the substation and transmission line projects is $1,501,000.
BUDGET DETAIL
The schedule of charges will be in accordance with the current rate sheet included as Attachment 5 to this
scope of services. This information is the basis far the labor cost in the budget.
ASSUMPTIONS AND EXPENSES
We identified our assumptions for each task/subtask in our proposed work plan. Mileage and travel
expenses, materials or office supplies, copy charges, and document production are included in our budget
and in the scope of services.
42
AUS 146-008 (PROPOSALS) DNiE (I/18/2013) LD
ATTACHMENT � RESUME OF ROB R, RE/D
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
ROB R. REID
� �������F��
VICE PRESIDENT ENVIRONMENTAL PROJECT DEVELOPMENT
YEARS OF EXPER/ENCE
36
EDUCAT/ON
> M.S., Wildlife and Fisheries Sciences,
Texas A&M University, 1977
> B.S., Wildlife and Fisheries Sciences,
Texas A&M University, 1975
AREAS OF EXPERT/SE
> Project management
> Schedule and budget management
> State utility siting applications
> Expert testimony
> Environmental planning
> Routing and siting studies
> Environmental studies and documents
> Environmental compliance, approvals,
permits, and stcategy
> Public involvement and agency
coordination
SPEC/AL TRA/N/NG
> Fourth Annual Short Course on
Vegetation, Wildlife Measurements for
Pre- & Post- Mining, Colorado State
University
CERT/F/CAT/ON
> TX DOT Precertified, ESN 1059
AFF/L/AT/ONS
> Phi Sigma Honor Society, Beta Rho
Chapter
PUBL/CAT/ONS
> "A Windshield and Multivariate
Approach to the Classification,
Inventoiy, and Evaluation of Wildlife
Habitat: An Exploratoiy Study,"
Presented at: A Workshop - The Use of
Multivariate Statistics in Studies of
Wildlife Habitat, 23-24 April 1980,
Burlington, Vermont. Sponsored by:
School ofNatural Resources, University
of Vermont; U.S. Fish and Wildlife
Se�vice; USDA Forest Service. USDA
Farest Service Gen. Tech. Report RM-
EXPERIENCE SUMMARY
Mr. Reid has a broad range of experience managing and participating in
environmental studies and assessments for the power delivery, generation,
transportation, industrial and commercial sectors. With a background in
environmental and biological sciences, his emphasis is on the assessment of
environmental impacts associated with industrial and urban development. He
has a long, successful record of permitting projects under the National
Environmental Policy Act (NEPA), including the pcepacation of
environmental impact statements (EIS) and environmental assessments (EA).
He is familiar with federal and state agency permitting requirements and
many individual agency personnel, and repeatedly coordinates with the
regulatory agencies on a wide variety of issues including wetlands,
endangered species, cultural resources, and others. He has served as the
environmental manager for many corridor-type planning and permitting
projects, and has served on nearly two hundred tcansmission line routing
projects. His recent alternative route analysis/EAs have resulted in the
successful completion of lines up to 500 kV and over 200 miles in length. He
is also knowledgeable with the permitting and licensing processes for utility
facilities and regularly provides expert witness testimony foi• such projects.
Mr. Reid has successfully defended environmental analyses before state
regulato►y commissions for dozens of contested transmission line projects for
numerous utility companies, which ►•esulted in the successful issuance of
required environmental permits and clearances.
PREVIOUS WORK HISTORY
Texas Competitive Renewable Energy Zone (CREZ) 345 kV
Transmission Lines, Texas
Principal Project Director/ Project Manager responsible fo►• overseeing,
directing, and managing the p►•eparation of EAs/alternative route analyses for
24 of the 46 total CREZ transmission lines authorized for construction by the
PUC of Texas. Projects totaled approximately 1,500 miles in length and were
conducted for Electcic Transmission Texas LLC, LCRA Transmission
Services Corp., Oncor, Shaiyland Utilities, and South Texas Electric
Cooperative. Mr. Reid assisted with the PUC-regulatory process and
provided expert witness testimony.
Lower Colorado River Authority (LCRA), Clear Springs/Zorn to
Hutton 345 kV Transmission Line EA and Alternative Route
Analysis, Texas
Project Managec responsible for the preparation of an EA and routing study
for this 90-mile transmission line on new location in Central Texas. Project
included detailed alternatives analysis, public participation program,
preferred route selection and expert witness testimony.
ROB R. REID � 2
87, with C.E. Grue and N.J. Silvy.
> "Competition Between Bobwhite and
Scaled Quail for Breeding Habitat in
Texas," Proc. Ann. Conf. S.E. Fish and
Wildlife Agencies. 33: (146-] 53), with
N.J. Silvy and C.E. Grue.
> "Correlation of Habitat Pacameters with
Whistle-Count Densities of Bobwhite
(Colinus viiginianus) and Scaled Quail
(Callipepla squamata) in Texas," M.S.
thesis.
>`Breeding Habitat of the Bobwhite in
TeYas," Proc. Ann. Conf. S.E. Fish and
Wildlife Agencies, 3L• (62-71), with
C.E. Gcue and N.J. Silvy.
> "A Technique for Evaluating the
Bceeding Habitat of Moucning Doves
Using Callcount Transects," Proc. Ann.
Conf. S.E, Game and Fish Comm. 30:
(667-673), «�ith C.E. Gcue and N.J.
Silvy.
POWER ENGINEERS, (NC.
AEP Texas Central Company, San Miguel to Lobo 345 kV
Transmission Line EA and Alternative Route Analysis, Texas
Project Manager responsible f'or the prepaeation of this EA and routing study
for this 100-mile transmission line on new location in South Texas. Project
included detailed alternatives analysis, public participation program,
pref'erred route selection and expert witness testimony.
CenterPoint Energy, Hillje 345 kV Transmission Line EA and
Alternative Route Analysis, Texas
Project Manager for this new CenterPoint Energy 345kV transmission line in
southeast Texas. Oveisaw the project which included prepacation of an EA
and Alternate Route Analysis, public participation progcam, and agency
consultation.
TXU, Graham — Jacksboro 345 kV Transmission Line Project,
Texas
Project Manager responsible foi• the preparation of an EA and Alternative
Route Analysis for this TXU (now Oncor) 345 kV line in Northwest Texas.
Project activities included a detailed alternatives analysis, public
participation, and espert witness testimony.
Electric Transmission Texas, LLC., Tesla-Edith Clarke-Clear
Crossing-West Shackelford 345kV Transmission Line, Texas
Project Manager responsible for prepacation of this EA and routing study for
this 130-mile transmission line on ne�v location in Northwest Texas. Project
included detailed alternatives analysis, public pacticipation program,
preferred route selection and expect witness testimony.
Sharyland Utilities, Hereford to White Deer 345 kV Transmission
Line EA and Alternative Route Analysis, Texas
Principal Project Director for preparation of an EA and routing study for this
90-mile tcansmission line on new location in the Panhandle of Texas. Project
included detailed alternatives analysis, public pacticipation program,
preferred route selection and expert witness testimony.
Southwestern Electric Power Company, Chambers Spring to
Tontitown 345 kV Environmental Impact Statemement, Arkansas
Principa( Project Director cesponsible for the prepacation of an Arkansas
state-level EIS for this South�vestern Electeic Powe�• Company 345 kV
transmission line in Northwest Arkansas. Project included agency
coordination, detailed alteinatives analysis, preparation of an EIS and e�:pect
witness testimony.
Lower Colorado River Authority (LCRA) McCamey D to Kendall
to Gillespie 345 kV Transmission Line, Texas
Principal Project Dicectoc for the LCRA TSC's 150 mile-long 345-kV
ROB R. REID � 3 POWER ENGINEERS, INC.
tcansmission line project extending fi•om West to Central Texas. Project
activities included extensive public participation progcam, detailed
alternative route delineation and evaluation, preparation of an EA and
Altecnative Route Analysis Report, and expect witness testimony.
American Electric Company and Oncor, Morgan
Creek/Comanche Switch Transmission EA and Alternative Route
Analysis (ARA), Texas
Project Managec providing EA and ARA for the Moigan Creek-Comanche
345 kV transmission line. Project was over 200 miles in length, crossing
portions of nine counties, and is one of the longest 345 kV p�•ojects in the last
25 yeacs in Texas.
Cagnon Road Transmission Line EA and Route Analysis, Texas
Project Managec responsible for preparing this EA and route analysis for new
transmission facilities to be constructed in Bexar County. Project consisted of
appi•oximately 25 miles of i•ebuilt, upgraded, and/or new 345/138 kV
transmission lines from the existing Cagnon Road substation to a tie with the
LCRA at thejunction of the City Public Service (now CPS Energy)/LCRA
service area/Bexar County line.
East Texas Electric Cooperative, Inc., Alternative Route Analysis
and EAs, Texas
Project Managec responsible for the alternative route analysis foc this 180-
mile long electric tcansmission line pcoject in east/northeast Texas. Project
included detailed alternatives analysis, pceferred route selection, and expert
witness testimony.
American Electric Power, Turk Generating Station Transmission
Lines, Arkansas
Principal Project Director responsible for managing the EA/couting studies
foc the SE Texarkana 138 kV, Sugar Hill 138 kV, and NW Texarkana 345
kV transmission line routing studies and EAs, originating at the Turk
Generating Station Site in Southeast Arkansas. Provided expert witness
testimony before the Arkansas Public Seivice Commission.
Lower Colorado River Authority (LCRA) and San Antonio Water
Systems (SAWS), Facility Siting, Design, and Affected
Environment Services (LCRA/SAWS), Colorado, and Texas
Project Managee responsible foc services covering consteaints mapping; tl�e
collection of affected environmental data; and siting and designing off-
channel rese�voirs, pump stations, and pipelines in Colorado, Wharton, and
Matagorda Counties.
Winston-Salem Northern Beltway (West) EIS/Location Planning
Report
Environmental Manager �•esponsible for the preparation of this EIS, including
seleeting and evaluating alternative coutes for this suburban �nulti-lane,
divided facility to tucal fi•eeway standards. The project included an extensive
ROB R. REID � 4 POWER ENGINEERS, INC.
public participation program as well as a detailed assessment of potential
environmental impacts.
Federal Aviation Administration, Dane County Regional Airport
EIS, Wisconsin
Environmental Project Manager responsible for the preparation of an EIS for
the FAA for a new cunway.
Texas Turnpike Authority, EIS for SH 130 (Segment C), Texas
P�roject Managec responsible for the prepacation of an EIS for a fi•eeway-type
facility on a new location fi•om Lockhart to Seguin, Texas.
US 71 Relocation EIS, Arkansas
Environmental Project Manager foc the preparation of an EIS for over 50
miles of fi•eeway-standard highway from Tesarkana to north of DeQueen,
Arkansas. This project for the Texas Department of Transportation (TxDOT)
and Arkansas Highway and Transportation Department included alteenative
coute analyses, impact assessments, endangered species surveys, wetland
determinations, and a public participation program.
US 220 EIS/Location Planning Report, North Carolina
Environmental Manager for this EIS, which was prepared in accordance with
Federal Highway Administc�ation (FHWA) and North Carolina Department of
Tcansportation (NCDoT) guidelines. The project included assessing tl�e
potential environmental impacts associated with realignment of
approximately 15 miles of US 220 in Montgomeiy and Richmond Cotmties.
The evaluation included developing and assessing alternative routes for the
multi-lane, divided facility with full control of access, as well as conducting a
public participation program.
Relief Route for US 59, Texas
Environmental Managec responsible for the schematic devefopment and
related services for an EA for seven miles of fi•eeway-type facility on a new
location, including agency scoping/coordination and public involvement
meetings in Polk County.
TxDOT Studies, Multiple Locations, Texas
Mr. Reid performed EAs for two T�DOT projects in conjunction with design
efforts managed out of the Dallas and Houston division offices. The
widening and impcovement of US 377 in Denton, Texas, just north of Dallas
and US 83 in Hidalgo County in the Lowe�• Rio Grande Val(ey both cequiced
EAs pecformed according to FHWA guidelines. These studies included an
evaluation of potential impacts to local cesidential and commercial aceas, as
well as an analysis of effects on aic quality, noise levels, cultucal/histocic
cesources, wetlands, threatened and endangered species, and stormwater
dcainage.
Osuna Road Improvements EA, New Mexico
ROB R. REID � 5 POWER ENGINEERS, INC.
Environmental Manager responsible for the preparation of this EA for this
road widening project. This project was prepared for the County of
Bernalillo, New Mexico.
SELECT PUBLICATIONS AND REPORTS
The list below represents a sample of Mr. Reid's important publications and
repocts he has authored throughout his caceer.
>"Environmental Assessment and Alternative Route Analysis foc the
Proposed Uvalde — Castcoville 138-kV Transmission Line Project, Uvalde,
Medina, and Be�:ar Counties, Texas," Prepared for Electric Transmission
Texas, Austin, TeYas, and CPS Energy, San Antonio, Texas. Document
No. 070099, May 2009, Project Manager
>"Environmental Assessment and Alternative Route Analysis for the
Pcoposed Chireno to Etoile 138-kV Transmission Line Project,
Nacogdoches and San Augustine Counties, Texas," Prepared for Deep East
Texas Electric Coopecative, Inc., San Augustine, Te�as. Document No.
060195, December 2008, Project Manager
>"Environmental Assessment and Alternative Route Analysis for the Lake
Livingston — Rich 138-kV Transmission Line Pcoject, Polk and San
Jacinto Counties, Texas," Prepared for East Texas Electric Cooperative,
Inc., Nacogdoches, Texas. Document No. 080109, October 2008, Project
Manager
>"Environmental Assessment and Alternative Route Analysis for the
Proposed Enstor 138-kV Transmission Line Project, Liberty County,
Texas," Prepared for Sam Houston Electric Cooperative, Inc., Livingston,
Texas. Document No. 070091, November 2007, Project Manager
>"Em�ironmental Assessment and Alternative Route Analysis for the
Proposed Ajo-Zorillo-Sarita 345-kV Transmission Line Project, Kenedy
County, Te�:as," Pcepaced for AEP Texas Centcal Company, Tulsa,
Oklahoma, Document No. 070097, June 2007, Project Dieector
>"Environmental Assessment and Alternative Route Analysis for the
Proposed Clear Springs/Zoin to Hutto 345-kV Transmission Line Pcoject,
Williamson, Travis, Caldwell, Hays, and Guadalupe Counties, Texas",
Prepared for LCRA Transmission Services Corporation, Austin, Texas.
Document 050074-Volumes I and II, March 2007 , Project Manager
>"Environmental Impact Statement for the Pcoposed Chambers Spring to
Tontitown 345-kV Transmission Line Project, Benton and Washington
Counties, Arkansas," prepared for Southwestern Electcic Power Company,
Shreveport, Louisiana. Document No. 060250, September 2006, Project
Director
> Reid, Rob R., "Environmental Assessment and Alternative Route Analysis
foi• the San Miguel to Lobo 345-kV Transmission Line Pi•oject in Atascosa,
McMullen, LaSalle and Webb Counties, Texas," prepared for AEP Texas
Centcal Company, Corpus Christi, Texas. Document No. 040374, June
2006, Proj ect Manager
>"Routing Analysis Siloam Springs to Chambers Spring 161-kV
Transmission Line, Benton County, Arkansas," prepaced f'or Southwestern
Electric Po�a�ec Company, Shreveport, Louisiana. Document No. 060039,
May 2006, Project Dicector
>"Analysis for the Proposed Amite South Phase 2 230-kV Transmission
Line Project, Ascension, St. James, and St. John the Baptist Parishes,
Louisiana," pi�epared fo�• Entergy Seivices, Inc., as agent for Entergy
Louisiana, Inc., New Orleans, Louisiana. Document No. 050093,
ROB R. REID I 6 POWER ENGINEERS, INC.
December 2005, Pcoject Director
>"Environmental Assessment and Alternative Route Analysis for the 345-
kV Hillje Project, Fort Bend, Whacton, Matagorda and Bcazocia Counties,
Texas," prepared foc CenterPoint Eneigy Houston Electric, LLC, Houston,
Texas. Document No. 040366, September 2005, Project Manager
>"Environmental Assessment and Altecnative Route Analysis for TXU
Electric Delive�y Company's Proposed Jacksboro-West Denton 345-kV
Transmission Line Pcoject in Jack, Wise, and Denton Counties, TeYas,"
pt�epared for TXU Electric Delivery Company, Fort Worth, Texas,
DocumentNo. 030302, June 2004.
>"Environmental Assessment and Alternative Route Analysis for the
Proposed Shaiyland Utilities Mexico Tie 138-kV T�•ansmission Line
Project, Hidalgo County, Texas," prepaced for Sutherland, Asbill &
Brennan, LLP, Austin, Texas, Document No. 030127, October 2003,
Project Manager
>"Environmental Assessment and Alternative Route Analysis for the
Proposed Gi•aham-Jacksboro 345-kV Transmission Line Project Young
and Jack Counties, Texas," prepared for TXU Electric Company, Fort
Worth, Texas, Document No. 990513, May 2001, Pcoject Manager
>"Environmental Assessment for the Proposed Hays Energy 345-kV
Transmission Line, Hays and Guadalupe Counties, Teaas," pcepaced for
the Lo«�er Colorado River Authority, Austin, Texas, Document No.
990086, Ap��il 1999, Project Manager
COMPLETE LIST OF PUBLICATIONS AND REPORTS
"Environmental Assessment and Alternative Route Analysis for the White
Deec (Panhandle BA) to Silvecton (Panhandle AC), 345-kV Transmission
Line Pcoject, A�•mstrong, Briscoe, Cacson, Donley, Gray, and S�n�isher
Counties, Texas." Prepaced for Sharyland Utilities, LP. Document No.
090034. November 2010.
"Environmental Assessment and Alternative Route Analysis for the Tesla-
Edith Clarke-Clear Crossing-West Shackelfocd 3�45-kV Ti•ansmission Line
Project, Childress, Cottle, Hardeman, Foard, Knox, Haskell, Jones and
Shackelford Counties, Texas." Prepared for Electric Tcansmission Texas,
LLC (ETT). Document No. 090185 (2 Vols.). October 2010.
"Environmental Assessment and Alternative Route Analysis for the Nazareth
(Panhandle AA) to Hecford (Panhandle AB) 345-kV Transmission Line
Project, Castro, Deaf Smith, Randall and Swisher Counties, Texas." Prepared
for Sharyland Utilities, LP. Document No. 090032. October 2010.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Elect��ic Transmission Texas, LLC (ETT) Riley to Edith C►arke to
Cottomvood 345-kV CREZ Transmission Line Project, Wilbarger,
Hardeman, Foard, Knox, Cottle, King, Motely and Dickens Counties,
TeYas." Document No. 100135. September 2010.
"Enviconmental Assessment and Alternative Route Analysis for the Silvecton
(Panhandle AC) to Cotton�vood (Panhandle AD) 345- kV Tcansmission Line
Piroject, Briscoe, Ccosby, Dikens, Floyd and Motely Counties, Texas."
Pcepaeed foc Shac�yland Utilities, LP. Document No. 090029. August 2010.
"Environmental Assessment and Altecnative Route Analysis foc the Proposed
Electcic Transmission Texas, LLC (ETT) Tesla to Riley 345-I<V CREZ
ROB R. REID ( 7 POWER ENGINEERS, INC.
Transmission Line Project, Childress, Cottle, Haedeman and Wilbarger
Counties, Texas." Document No. 100036. August 2010.
"Environmental Assessment and Alternative Route Analysis for the Proposed
McCamey D to Kendall to Gillespie 345-kV CREZ Transmission Line
Project in Schleicher, Sutton, Menard, Kimble, Mason, Gillespie, Kerr and
Kendall Counties, Teaas." Prepaeed for LCRA Ti•ansmission Se�vices
Corporation. Document No. 090196 (3 Vols.). July 2010.
"Environmental Assessment and Alternative Route Analysis for the Hereford
(Panhandle AB) to White Deer (Panhandle BA) 345-kV Transmission Line
Project, Armstong, Carson, Deaf Smith, Oldham, Pottee and Randall
Counties, Texas." Prepared for Sharyland Utilities, LP. Document No.
090033. June 2010.
"Enviconmental Assessment and Alternative Route Analysis for the Proposed
Electric Transmission Texas, LLC (ETT) Cleac Crossing to Dermott 345-kV
CREZ Transmission Line Piroject, Garza, Kent, Stonewall, Haskell, Scurry,
Fisher, Jones and Shackelford Counties, Texas." Document No. 090095.
lanuary 2010.
"Environmental Assessment and Alteinative Route Analysis for the Proposed
Twin Buttes-MeCamey D 345-kV CREZ Transmission Line Project, Tom
Green, Irion and Schleicher Counties, TeYas." Prepared for LCRA
Transmission Services Corporation. Document No. 090195. Januaty 2010.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Gillespie to Newton 345-kV Transmission Line Project, Gillespie, Llano, San
Saba, Burnet and Lampasas Counties, Te�as." Prepared foc LCRA
Transmission Sect�ices Corporation. Document No. 090178 (2 Vols.).
October 2009.
"Environmental Assessment and Alternative Route Analysis for Trinity
Valley Electric Cooperative's Proposed Interstate 20 138-kV Transmission
Line and Substation Project." Document No. 070242. September 2009.
"Environmental Assessment and Alternative Route Analysis for the Pi•oposed
Uvalde— Castroville 138-kV Transmission Line Project, Uvalde, Medina,
and Bexar Counties, Texas," Prepared for Electric Tcansmission Texas,
Austin, Teaas, and CPS Energy, San Antonio, Texas. Document No. 070099,
May 2009.
Environmental Assessment and Alternative Route Analysis for the Pcoposed
Chireno to Etoile 138-kV Transmission Line Project, Nacogdoches and San
Augustine Counties, Texas," Prepared for Deep East Texas Electeic
Cooperative, Inc., San Augustine, Texas. Document No. 060195, Decembec
2008.
"Environmental Assessment and Alternative Route Analysis foc the Lake
Livingston — Rich 138-kV Transmission Line Project, Polk and San Jacinto
Counties, Texas," Pcepared for East Te�as Electric Coopecative, Inc.,
Nacogdoches, Texas. Document No. 080109, October 2008.
"Alternative Route Analysis and Environmental Impact Statement — NW
TeYarkana 345-kV Transmission Line, Bowie County, TeYas, and
Hempstead, Miller, and Little River Counties, Arkansas," Prepared for
ROB R. REID � 8 POWER ENGINEERS, INC.
American Electric Po���er Service Corporation as an Agent foe Southweste�•n
Electric Power Company, Shceveport, Louisiana. Document N. 070031, June
2008.
"Environmental Impact Statement and Alternative Routing Analysis — Sugar
Hill 138-kV Transmission Line, Hempstead, Miller, and Little River
Counties, Arkansas," Prepaced for American Electric Power Service
Corporation as an agent for Southwestern Electcic Power Company,
Shrevepoct, Louisiana. Document No. 070146, Januaiy 2008.
"Environmental Impact Statement and Alternative Routing Analysis — Turk
to SE Texackana 138-kV Transmission Line, Hempstead, Mille�•, and Little
River Counties, Arkansas," Prepared for American Electric Powei� Secvice
Corpocation as an Agent for Southwestern Electric Power Company,
Shreveport, Louisiana. Document No. 070147, January, 2008.
`Bnvironmental Assessment and Alteinative Route Analysis for the Proposed
Ensfor 138-kV Transmission Line Project, Liberty County, Texas," Prepared
for Sam Houston Electcic Cooperative, Inc., Livingston, Texas. Document
No. 070091, November 2007.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Ajo-Zorillo-Sarita 345-kV Transmission Line Project, Kenedy County,
Texas," Prepared for AEP Tesas Centcal Company, Tulsa, Oklahoma,
Document No. 070097, June 2007.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Clear Spr•ings/Zocn to Hutto 345-kV Transmission Line Pcoject, Williamson,
Ti•avis, Caldwell, Hays, and Guadalupe Counties, Texas", Prepared for
LCRA Transmission Secvices Corporation, Austin, Texas. Document
050074-Volumes I and II, March 2007.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Wilson to Sutheeland Springs 138-kV Teansmission Line Project, Wilson
County, Texas," Prepared for Guadalupe Valley Electric Cooperative, Inc,
Gonzales, Texas. Document No. 060350, March 2007.
"Environmental Assessment and Alternative Route Analysis foc the Proposed
Rim Rock to Goat Creek 138-kV Tcansmission Line Pcoject, ICerc County,
Tesas," Prepaced for LCRA Transmission Services Corporation, Austin,
Texas. Document No. 050073, February 2007.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Fayetteville to North Fayetteville 161-kV Transmission Line Conveision
Project, Washington County, Arkansas," Pcepared for Soutllwestern Electric
Power Company, Shreveport, Louisiana, Document No. 060322, December
2006.
"Enviconmental Assessment for the Proposed NTMWD Lake Tawakoni 138-
kV Transmission Line Project, Van Zandt County, Texas," prepared for
Tcinity Valley Electric Cooperative, Inc., Kaufman, Texas. Document No.
060264, November 2006.
"Environmental Impact Statement foc the Proposed Chambers Spring to
Tontitown 345-kV Tcansmission Line Project, Benton and Washington
Counties, Arkansas," prepared for Southwestern Elect��ic Power Company,
ROB R. REID � 9 POWER ENGINEERS, INC.
Shrevepoct, Louisiana. Document No. 060250, September 2006.
"Environmental Assessment and Alternative Route Analysis for the Pcoposed
Medina Lake-CPS 138-kV Transmission Line Project, Bandera, Medina, and
Bexar Counties, Texas," prepared for LCRA Transmission Seivices
Corporation, Austin, Texas. Document No. 060125, July 2006.
"Environmental Assessment and Alternative Route Analysis for the Proposed
RCEC 138-kV Interconnect Project, Henderson and Van Zandt Counties,
TeYas," prepared for Rayburn County Electric Cooperative, Inc., Rockwall,
Texas. Document No. 060040, July 2006.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Hidalgo/Rio Rico to Stewart Road Transmission Line Project, Hidalgo,
County, Texas," prepaced for AEP Texas Centcal Company, Corpus Christi,
Texas. Document No. 060038, June 2006.
"Environmental Assessment and Altecnative Route Analysis for the San
Miguel to Lobo 345-kV Transmission Line Project in Atascosa, McMullen,
LaSalle and Webb Counties, Texas," prepared for AEP Texas Central
Company, Corpus Christi, Texas. Document No. 040374, June 2006.
"Routing Analysis Siloam Springs to Chambers Spring 161-kV Transmission
Line, Benton County, Arkansas," prepared for Southwestern Electcic Power
Company, Shreveport, Louisiana. Document No. 060039, May 2006.
"Environmental Assessment and Alteenative Route Analysis for the Pcoposed
Sand Springs 138-kV Transmission Line Project, Wood County, Texas,"
prepared for Wood County Electric Cooperative, Inc., Quitman, Teaas.
Document No. 050274, Apri12006.
"Environmentai Assessment and Alternative Route Analysis for the Proposed
Cagnon to Lytle 138-kV Transmission Line Project, Bexa�•, Medina and
Atascosa Counties, Texas," prepared for City Public Seivice of San Antonio,
San Antonio, Texas. Document No. 050041, Januaiy 2006.
"Environmental Assessment and Altei•native Route Analysis for the Pi•oposed
Amite South Phase 2 230-kV Transmission Line Project, Ascension, St.
James, and St. John the Baptist Parishes, Louisiana," prepared for Entergy
Services, Inc., as agent for Enteegy Louisiana, Inc., New Ocleans, Louisiana.
Document No. 050093, December 2005.
"Environmental Assessment and Alternative Route Analysis for the 345-kV
Hillje Project, Fort Bend, Wharton, Matagorda and Brazoria Counties,
Texas," pcepared for CenterPoint Energy Houston Electeic, LLC, Houston,
Texas. Document No. 040366, September 2005.
"Environmental Assessment and Alternative Route Analysis for tlie Proposed
Merlin to L-17 138-kV Transmission Line Project, Orange County, Texas,"
pi•epared foc Entergy Gulf States, Inc., Beaumont, Texas. Document No.
050119, August 2005.
"Environmental Assesstnent and Altei•native Route Analysis for the Proposed
Port Acces to Keith Lake 230-kV Transmission Line Project, Jeffeison
County, TeYas," prepared for Entergy Gulf States, Inc., Beaumont, Texas.
Document No. 050105, July 2005.
ROB R. REID � 10 POWER ENGINEERS, INC.
"Environmental Assessment and Alternative Route Analysis for the
Winnsboro to North Mineola 138-kV Transmission Line Project in Wood,
Franklin and Hopkins Counties, Texas," prepared for Southwestein Electric
Potver Co., Shreveport, Louisiana. Document No. 040165, September 2004.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Sandy Creek to Sunrise Beach 138-kV Transmission Line Project, Llano
County, Texas," prepared for LCRA Transmission Seivices Corporation,
Austin, Texas, Document No. 030109, June 2004.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Cagnon Road to LCRA Tie 345-kV Tt�ansmission Line Pcoject, Bexar and
Medina Counties, Texas," prepared for City Public Service of San Antonio,
San Antonio, Texas, DocumentNo. 030151, June 2004.
"Environmental Assessment and Altecnative Route Analysis foc TXU
Electric Delivecy Company's Peoposed Jacksboro-West Denton 345-kV
Transmission Line Project in Jack, Wise, and Denton Counties, Texas,"
prepared for TXU Electric Delivery Company, Fort Worth, Texas, Document
No. 030302, June 2004.
"Environmental Assessment and Alternative Route Analysis foe the Proposed
Hill Country 138-kV Transmission Line Project, Kendall County, Texas,"
prepared for LCRA Transmission Services Corporation, Austin, Texas,
Document No. 030327, May 2004.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Staley to Point Blank 138-kV Transmission Line Project, San Jacinto
County, Te�as," prepared for Sam Houston Electric Cooperative, Inc.,
Livingston, Texas, Document No. 030128, Apri12004.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Johnstown to Porter 230-kV Transmission Line Project, Montgomecy
County, TeYas," prepaced for Entergy Gulf States, Inc., Beaumont, Texas,
Document No. 040061, March 2004.
"Environmental Assessment for Entergy Gulf States, Inc.'s Proposed Line
457 to Carroll Street Park S�vitching Station 138-kV Transmission Line
Pcoject, Jefferson County, Texas," prepaced for Entergy Gulf States, Inc.,
Beaumont, Texas, Document No. 030264, January 2004.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Cagnon-Kendall 345-kV Tcansmission Line Project, Kendall County,
Texas," prepared for Lower Colorado River Autho�•ity, Austin, Texas,
Document No. 020396, Januaiy 2004.
"Environmental Assessment and Alternative Route Analysis for the Pcoposed
Dayton to Gordon 138-kV Transmission Line Project, Liberty County,
Texas," prepaced for Entergy Gulf States, Inc., Beaumont, Texas, Document
No. 030322, December 2003.
"Environmental Assessment and Alternative Route Analysis for Farmers
Electcic Cooperative, Inc.'s (dba FEC Electric) Proposed Forney -NW Terrell
138-kV Transmission Line Project, Kaufman County, Texas," prepaced for
Farmers Elech•ic Cooperative, Inc., Greenville, Texas, DocumentNo.
ROB R. REID � 11 POWER ENGINEERS, INC.
030261, December 2003.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Glasscock to Andice 138-kV Transmission Line Project, Williamson County,
Texas," prepared for LCRA Transmission Services Corporation, Austin,
Texas, Document No. 000226, November 2003.
"Enviconmental Assessment and Alternative Route Analysis for the Proposed
Shaiyland Utilities Mexico Tie 138-kV Transmission Line Project, Hidalgo
County, Texas," prepared for Sutherland, Asbill & Brennan, LLP, Austin,
Texas, Document No. 030127, October 2003.
"Environmental Assessment and Altecnative Route Analysis for the Proposed
Pittsbuig to Winnsboro 138-kV Transmission Line Pcoject in Camp,
Franklin, and Wood Counties, Te�:as," prepared for Southwestern Electric
Pow�er Co., Shrevepoct, Louisiana, Document No. 020203, August 2003.
"Environmental Assessment and Altecnative Route Analysis for the Pcoposed
Southwest Research Institute 138-kV Transmission Line Project, Bexar
County, Texas," prepaced for City Public Seivice of San Antonio, San
Antonio, Texas, Document No. 020354, July 2003.
"Environmental Assessment of the Pcoposed North McCamey to Rio Pecos
138-kV Transmission Line, Upton, Crane, And Crod<ett Counties, Texas,"
prepared for LCRA Transmission Services Corporation, Austin, Texas,
Document No. 030009, May 2003.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Hamilton Wolfe 138-kV Transmission Line Project, Bexac County, Texas,"
pcepared fot• City Public Seivice of San Antonio, San Antonio, Texas,
Document No. 030101, May 2003.
"Enviconmental Assessment and Alternative Route Analysis for the Proposed
NGPL (Kinder Morgan) to Devers 138-kV Transmission Line Project,
Libecty County, TeYas," p�•epared f'or Entergy Gulf States, Inc., Beaumont,
Texas, Document No. 030034, April 2003.
"Enviconmental Assessment for the Proposed China to Porter 230-kV
Transmission Line Project Jeffeison, Hardin, Liberty, Harris, and
Montgomery Counties, Texas," prepared for Entergy Gulf States, Inc.,
Beaumont, Texas, Document No. 020119, Decembec 2002.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Twin Buttes to Big Lake/SAPS Cut-In 138-kV Transmission Line Project
Tom Green County, Texas," prepared fo�• LCRA Transmission Services
Corp., Austin, TeYas, DocumentNo. 010141, December 2002.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Fort Lancaster to Friend Ranch 138-kV Transmission Line Crockett, Pecos,
and Terrell Counties, Texas," prepaced for LCRA Transmission Services
Corporation, Austin, Texas, Document No. 020029, November 2002.
"Enviconmental Assessment and Alternative Route Analysis for the North
McCamey to Southwest Mesa Tap 138-kV Tcansmission Line Pcoject Upton
County, Texas," pcepared for LCRA Tcansmission Services Cocpocation,
Austin, Texas, Document No. 020129, Octobec 2002.
ROB R. REID � 12 POWER ENGINEERS, INC.
"Environmental Assessment for the Proposed Crane to McElcoy/N.
McCamey Cut-In 138-kV Tcansmission Line Crane and Upton Counties,
Texas," prepaced for LCRA Transmission Secvices Corpocation, Austin,
Texas, Document No. 020130, September 2002.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Northeast Watec Plant 138-kV Transmission Line Project Harris County,
Texas," prepared for Reliant Energy HL&P, Houston, Texas, Docutnent No.
010403, July 2002.
"Enviconmental Assessment and Alternative Route Study foc the Proposed
Hickory Forest to New Berlin 138-kV Transmission Line Project Guadalupe
County, Texas," prepared for Guadalupe Valley Electric Coopecative,
Gonzales, Texas, Document No. 010314, June 2002.
"Environmental Assessment for the Nueces Bay to Portland 138-kV
Transmission Line Project Nueces County, Texas," prepaced for Amecican
Electric Power, Dallas Texas, Document No. 020048, March 2002.
"Enviconmental Assessment for the Nueces Bay to Dupont Switch 138-kV
Transmission Line Pcoject Nueces County, TeYas," prepared for American
Electric Power, Dalias Texas, Document No. 020047, March 2002.
"Enviconmental Assessment for the Nueces Bay to Lon Hill and Nueces Bay
to Up River Road 138-kV Transmission Line ProjectNueces County,
Texas," prepared for American Electric Po�ver, Dallas Texas, Document No,
010426, March 2002.
"Environmental Assessment and Alternative Route Analysis for the Lo�ver
Colorado River Authority's Proposed Macedonia to Hockley 138-kV
Transmission Line Project Harris, Montgomery, and Wallec Counties,
Texas," prepared for Lo���er Colorado River Authority, Austin, Texas,
Document No. 981789, July 2001.
"Environmenta( Assessment and Alternative Route Analysis for the Proposed
Graham-Jacksboro 345-kV Tcansmission Line Project Young and Jack
Counties, Texas," prepared for TXU Electric Company, Fort Wortl�, Texas,
Document No. 990513, May 2001.
"State Highway 130 fi•om I-35 North of Geoigeto���n to I-10 Near Seguin -
Environmental Impact Statement," Draft December, 1999/Final March 2001.
(Atkins Project Manager)
"Environmental Assessment and Alternative Route Analysis for the Proposed
Conroe to Forest 138-kV Transmission Line Pcoject Montgomeiy County,
Teaas," prepared for Entergy Gulf States, Inc., Beaumont, Texas, Document
No. 000338, December 2000.
"Enviconmental Assessment and Altecnative Route Analysis for the Proposed
Capote to Hickoiy Forest 138-kV Transmission Line Project Guadalupe
County, Texas," prepared for Guadalupe Valley Electric Cooperative,
Gonzales, Texas, Document No.991436, November 2000.
"Environmental Assessment and Alternative Route Analysis for the Proposed
ROB R. REID � 13 POWER ENGINEERS, INC.
Van Raub 138-kV Transmission Line Project, Bexar, Kendall, Bandera, and
Comal Counties, Texas," pcepaced for City Public Service of San Antonio,
San Antonio, Texas, Document No. 991488, September 2000.
"Environmental Assessment for the Pcoposed Kunitz to Wink 138-kV
Transmission Line, Culbecson, Reeves, Loving, and Winkler Counties,
Texas," prepared for the Lo«�er Colorado River Authocity, Austin, Texas,
Document No. 000006, May 2000.
"Environmental Assessment for the Proposed Lockhart to Dump Hill 138/69-
kV Transmission Line, Caldwell County, Texas," prepared the Lower
Colorado River Authority, Austin, Texas, Document No. 991383, March
2000.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Morgan Creek-Twin Buttes-Red Ci�eek-Comanche 345-kV Transmission
Line Project, Mitchell, Coke, Sterling, Tom Green, Runnels, Concho,
Coleman, McCulloch, Brown, Mills, and Comanche Counties, Texas,"
prepared for TXU Electric, Fort Worth, Texas, and West Texas Utilities
Company, Abilene, Texas, DocumentNo. 990514, February 2000.
"Environmental Assess�nent and Alternative Route Analysis for the Proposed
Entergy Gulf States, Ina Spring Creek 138-kV Transmission Line Pi•oject,
Montgomeiy and Hacris Counties, Texas," prepared for Entergy/Gulf States
Utilities Company, Beaumont, Texas, DocumentNo. 991143, Decembei•
1999.
"Environmental Assessment foc the Proposed Fayette Power Project -Lytton
Springs 345-kV Transmission Line, Caldwell, Bastcop, and Fayette Counties,
Texas," prepared foc the Lo�a�ec Colorado River Authority, Austin, Texas,
Document No. 990818, Ju(y 1999.
"Enviconmental Assessment fo�• the Proposed Hays Energy 345-kV
Transmission Line, Hays and Guadalupe Counties, TeYas," peepared for the
Lowec• Colocado River Authority, Austin, Texas, Document No. 990086,
April 1999.
"Environmental Assessment - Frontera Genecation Limited Partnersliip - Rio
Bravo Electcical Interconnection Project, Hidalgo County, Texas," prepared
for Fcontera Generation Limited Partnership, Dallas, Texas/U.S. Department
of Energy, Washington, D.C., DOE/EA-1297, April 1999.
"Environmental Assessment for the Proposed Buda-Rohr 138-kV
Transrnission Line, Hays County, Texas," prepared for the Lower Colocado
River Authority, Austin, TeYas, Document No. 990085, March 1999.
"Environmental Assessment and Altecnative Route Analysis foe the Jasper-
Newton Electric Cooperative's MeGee 138-kV Transmission Line and
Substation Project, Jasper County, Texas," prepared for Jasper-Newton
Electric Cooperative, Inc„ Kicbyville, Texas, Document No. 980285,
December 1998.
"Environmental Assessment and Altecnative Route Ana(ysis for the Proposed
Mustang Island Tcansmission Line Project, Nueces County, TeYas," prepaced
for Central Power and Light Company, Corpus Christi, Texas, Document No.
ROB R. REID � 14 POWER ENGINEERS, INC.
980884, November 1998.
"Environmental Assessment and Alternative Route Analysis for the Lo�ver
Colorado River Authority's Proposed Segovia Transmission Line Pcoject,
Kimble County, TeYas," prepared for the Lower Colorado River Authority,
Austin, Texas, Document No. 971620, October 1998.
"Environmental Assessment for the Proposed Coldspring to Wolf Creek to
Dorrell 138-kV Transmission Line Project, San Jacinto, Walker, and
Montgomery Counties, Texas," prepared for Sam Houston Electi•ic
Cooperative, Inc., Livingston, Te�cas, Document No. 970128, August 1998.
"Environmental Assessment and Alteinative Route Ana(ysis for the Proposed
Big Lake-Ozona-Sonora 138-kV Transmission Line Project, Reagan,
Crockett, Schleicher, and Sutton Counties, Texas," prepa�•ed for West Texas
Utilities Company, Abilene, Texas, Document No. 971225, April 1998.
"Environmental Assessment for the Pcoposed Hill Countiy to Stonegate 138-
kV Tcansmission Line Project at Camp Bullis, Texas," prepared for City
Public Service Company of San Antonio, San Antonio, Texas, Document No.
960210, Februaty 1998.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Friendship to Circ(e C to Manchaca 138-kV Transmission Line Pi•oject,
Travis and Hays Counties, Texas," peepaced for Pedernales Electric
Cooperative, Inc., Johnson City, Te�:as, Document No. 970276, September
1997.
"Environmental Assessment for the Pcoposed Upgrading of the Alum Creek
to Smithville 69-kV Transmission Line, Bastrop County, Texas," pcepared
for the Lower Colorado River Authority, Austin, Texas, Document No.
970860, August 1997.
"Envii•onmental Assessment and Alternative Route Analysis foi� the Proposed
Wictz to Granite Mountain 138-kV Transmission Line Project, Burnet
County, Texas," prepared for the Lower Colorado Rivec Authority, Austin,
Texas, Document No. 970133, June 1997.
"Environmental Assessment and Alternative Route Study for the Pcoposed
Taylor Bayou 69-kV Transmission Line Project," prepaced for Entergy/Gulf
States, New Orleans, Louisiana, Doaiment No. 961534, Januaiy 1997.
"Bor�rower's Environmental Repoct for the Proposed SN TX to Plainview 69-
kV Transmission Line Project," prepared for Midwest Electric Cooperative,
Inc., Roby, Texas, Document No. 961379, November 1996.
"Environmental Assessment and Alternative Route Study fo�• the Proposed
Longtvorth 69-kV Tcansmission Line Pcoject," prepared for West Teaas
Utilities Company, Abilene, TeYas, Document No. 961378, November 1996.
"Environmental Assessment and Alternative Route Study foc the Pcoposed
Snyder to Roby 69-kV Transmission Line Pcoject," prepared for West Texas
Utilities Company, Abilene, Texas, Document No. 960748, November 1996.
"Dcaft Envir•onmental Impact Statement, U.S. 71 B Texarkana, Ackansas, to
DeQueen, Arkansas B Little River, Miller, and Sevie�• Counties, Ackansas
ROB R. REID � 15 POWER ENGINEERS, INC.
and Bowie Cottnty, Texas," prepar�ed for the Arkansas State Highway and
Transportation Depai�tment and the Federal Highway Administration, State
Project No. 30108, Document No. 930500, November 1996.
"Environmental Assessment and Alternative Route Study for the Proposed
Buttercup to Jollyville 138-kV Transmission Line Project," prepared fot• the
Lowec Colorado River Authority, Austin, Texas, Document No. 960328,
September 1996.
"Environmental Assessment for the Proposed Univecsity Substation Project,"
pcepai•ed foc Central and South West Services, Inc., Dallas, Texas, Document
No. 960749, July 1996.
"Boccowers Environmental Report for the South Palestine 138-kV
Transmission Line Project, Anderson County, Texas," prepared for New Era
Electcic Cooperative, Inc., Athens, TeYas, Document No. 960079, June 1996.
"Environmental Assessment and Alternative Route Study for the P►•oposed
Gate«�ay 138-kV Transmission Line/Substation Project," prepared for
Central and South West Seivices, Inc., Dallas, Texas, Document No. 960447,
May 1996.
"Environmental Assessment foe the Proposed D.O. Aldcidge-Hill/Wilson 69-
kV Transmission Line Project, Franklin and Hopkins Counties, Texas,"
prepared for Wood County Electcic Cooperative, Inc., Quitman, Texas,
Document No. 930602, May 1996.
"Environmental Assessment for the Proposed Central Heights-Martinsville
69/Future 138-kV Transmission Line Project, Nacogdoches County, Texas,"
prepared foc Deep East Texas Electric Cooperative, Inc., San Augustine,
Texas, Document No, 950760, Novembec 1995.
"Environmental Assessment and Alternative Routing Analysis for the
Proposed Schertz to Parkway 138-kV Transmission Line Piroject, Volumes I
and II," prepared for the Lower Colorado River Authority, Austin, Texas,
Document Nos. 950694 and 951020, November 1995.
"Environmentai Assessment and Alternative Routing Analysis f'or the
Proposed Conroe to Oak Ridge 138-kV Transmission Line Project," prepared
for Entergy/Gulf States Utilities, Beaumont, Texas, Document No. 950757,
Octobec 1995.
"Comprehensive Routing, Environmental, and Engineering Shidies fo�• the
Onion Creek to Beigstrom 138-kV Tcansmission Line Project (subconsultant
to R.W. Beck fo�• Environmental Assessment)," prepaced for the City of
Austin Electric Utiliry Department, Austin, Texas, Document No. 950265,
September 1995.
"Borcowers Environmental Report for the Proposed Reno 138-1cV
Transmission Line Pcoject, Lamat• County, Texas," prepared for Lamar
County Electcic Cooperative Association, Pai•is, TeYas, Document No.
940512,June 1995.
"Environmental Impact Statement - Dane County Regional Airport, Madison,
Wisconsin." Prepared for the U.S. Department of Transportation, Federal
Aviation Administration. DocumentNo, 930870, June 1995.
ROB R. REID � 16 POWER ENGINEERS, INC.
"Environmental Assessment and Altecnative Route Analysis for the Proposed
Bo 138-kV Transmission Line Project," prepared foc Gulf Coast Power
Connect, Inc., Austin, Texas, Document No. 941206, Februaiy 1995.
"Environmental Assessment for the Temco-Eveigreen 138-kV Transmission
Line Project Walker County, Texas," prepared for Sam Houston Electric
Cooperative, Inc., Livingston, Texas, Document No. 940669, November,
1994.
"Environmental Assessment and Alternative Routing Analysis for the
Proposed Mexico Tie 230-kV Tcansmission Line Project (Preliminary
Draft)," prepared for Central and South West Secvices, Inc., Dallas, Texas,
Document No. 930240, Novembec 1994.
"Volume II Environmental Assessment of Alternative Routes for LCRA's
Proposed Schumansville Project, Comal and Guadalupe Counties, Texas,"
prepared for The Lower Colorado River Authority, Austin, Texas, Document
No. 930774, October 1994.
"Environmental Assessment and Alternative Route Analysis for LCRA's
Proposed Texas Wind Power Project 138-kV Transmission Line Culberson
County, Texas," prepared for The Lowec Colorado River Authority, Austin,
Texas, Document No. 940135, June 1994.
"Borcowers Envi��onmental Report Sam Houston Electric Coopecative, Inc.
Pcoposed Two-Year Work Plan 1994-1995," pcepared for Sam Houston
Electric Cooperative, Inc., Livingston, Texas 77351, Document No. 940034,
March 1994.
"Environmental Assessment and Alternative Route Analysis for Central
Power and Light Company's Proposed Roma 138-kV Transmission Line
Project," prepaced for Central Power and Light Company, Corpus Chi�isti,
Texas, Document No. 930514, November 1993.
"Environmental Assessment for the Proposed Becea-Jacksonville 138-kV
Transmission Line Pcoject, Andecson, Cherokee and Houston Counties,
TeYas," prepared for East Texas Electric Cooperative, Inc., Nacogdoches,
Texas, Document No. 930066, October 1993,
"Environmental Assessment for the Proposed S���inneytown Tap-
Swinneytown 138-kV Transmission Line Project, Smith County, Texas,"
prepared for East Texas Electric Cooperative, Inc., Nacogdoches, Texas,
Document No. 930069, October 1993.
"Environmental Assessment for the Proposed Troup Tap-New Summerfield
138-kV Transmission Line Project, Smith and Cherokee Counties, TeYas,"
pcepared for East Texas Elech•ic Coopecative, Inc., Nacogdoches, Teaas,
Document No. 930068, October 1993.
"Environmental Assessment fot• the Piroposed Jacksonville-Teaselville 138-
kV Tcansmission Line Project, Smith and Cherokee Counties, Texas,"
prepared for East Texas Electric Cooperative, Inc., Nacogdoches, Texas,
Document No. 930067, October 1993.
"Envii•onmental Assessment foc the Proposed Clyde Brady-E. Burges 138-
ROB R. REID I 17 POWER ENGINEERS, INC.
kV Transmission Line Project, Van Zandt and Smith Counties, Texas,"
prepared for East Texas Electric Coopecative, Inc., Nacogdoches, Texas,
Document No. 930070, October 1993.
"Environmental Assessment and Altecnative Route Analysis for the Proposed
Fredericksbwg North Project-Volume II," prepared for the Lowec Colorado
River Authority, Austin, TeYas, Document No. 890251, June 1989 (Revised
August 1993).
"Volume I Existing Environment of the Region of Interest for the LCRA's
Pcoposed Schumansville Project," prepared for The Lower Colorado River
Authority, Austin, Texas, Document No. 930016, May 1993.
"Existing Environment of the Region of Interest for the Proposed
Fredericksbucg North Project-Volume i," pcepared for the Lower Colorado
Rivec Authority, Austin, TeYas, Document No. 880069, Apcil 1989 (Revised
January 1993).
"Environmental Assessment for the Proposed Eden Project, Conch County,
Texas," prepared for West Texas Utilities Company, Abilene, Texas,
Document No. 910575, November 1992.
"Comprehensive Routing and Em�ironmental Studies for the Seaholm to
Salem Walk 138-kV Transmission Line Project (CKT 976)," prepared for
The City of Austin Electric Utility Department, Austin, Texas, Document
No. 900194, Septembec 1992.
"Environmental Assessment and Alternative Route Analysis for tl�e Proposed
Kerr Cotmty Piroject-Volume II," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 890178, May 1989 (Revised
September 1992).
`Borrowers Environmental Report for the Peoposed Jackson-Canton 138-kV
T��ansmission Line Project, Van Zandt County, Texas," prepared for Raybw•n
Countiy Electcic Cooperative, Inc., Rock�vall, Texas, Document No. 910604,
July 1992.
"Enviconmental Assessment and Alternative Routing Analysis for the
Proposed Cross Valley Tie 345/138-kV Project," prepared for Central Power
and Light Company, Cotpus Christi, Texas, Document No. 900784, July
1992.
"Draft Environmental Impact Statement-Proposed Constcuction of Winston-
Salem Outer Beltway on New Location," prepared for North Carolina Dept.
of Transpoi�tation, FHWA-NC-EIS-92-06-D, Document No. 910124, June
1992.
"Environmental Assessment and Alternative Route Analysis for the Pi•oposed
Militaiy Highway-CFE Tie 138/69-kV Transmission Line Project,
Brownsville, Cameron County, Texas," pcepared for Central Power and Light
Company, Co�pus Christi, Texas/U.S. Dept. of Ene�gy, Document No.
910377, DOE/EA-0702. Api•il 1992.
"Environmental Assessment for Central Power and Light Company's
Proposed Koch Refining Company 69/138-kV Transmission Line Relocation
Project," pcepared for Central Power and Light Company, Corpus Christi,
ROB R. REID � 18 POWER ENGINEERS, INC.
Texas, Document No. 910439, January 1992.
"Environmental Assessment and Alternative Routing Analysis for the
Proposed Alamogordo to Ruidoso 115-kV Ti�ansmission Line Project,"
prepared for Texas-New MeYico Powei• Company, Fort Worth, Texas,
Document No. 900551, January 1992.
"Environmental Assessment for the Proposed Rebuilding and Relocation of a
Portion of the Hicross-Buda Split 138-kV Transmission Line, Travis and
Hays Counties, Texas," prepaced for the Lower Colorado River Auth.,
Austin, Texas, Document No. 900302, September 1991.
"Comprehensive Siting, Routing & Environmental Studies f'or the Oak Hill
138-kV Substation and Related Transmission Line Relocation Project,"
prepared for the City of Austin, Austin, Te�as, Document No. 910044,
September 1991.
"Phase I Preacquisition Site Assessment-55-Acce Tract Southwest of the
Intecsection of FM 1599 and Seaccy Ranch Road, Harlingen, Texas,"
prepared for Central Powec and Light Company, Corpus Christi, Texas,
Document No. 910411, August 1991.
"Draft Environmental Impact Statement - Pi•oposed Constcuction of U.S. 220
to a Fouc-Lane Divided Facility on Ne�v Location that Extends
ApproYimately 15.3 Miles fi•om Emeiy to south of Ellecbe in Montgomecy
and Richmond Counties, North Cacolina," prepared for the North Carolina
Dept. of Tcansportation, Raleigh, North Cacolina, FHWA-NC-EIS-91-02-D,
July 1991.
"Environmental Assessment and Alternative Route Analysis for the Proposed
North Pole-Oilville-Short Pump 230-kV Transmission Line Project,"
prepaeed for Virginia Power, Richmond, Virginia, Document No. 890327,
July 1991.
"Existing Enviconment of the Region of Interest for the Proposed Kerc
County Project-Volume I," prepared for the Lo�ver Colocado River
Authority, Austin, Texas, DocumentNo. 890196, April 1989 (Revised June
1991).
"Environmental Assessment for the Proposed Hilbig 13.8-kV In-Field Line
Addition Near Rockne, Bastrop County, Texas," prepared for the Lowet•
Colorado River Authority, Austin, Te�:as, Document No. 910179, May 1991.
"Borrowers Environmental ReportlEnvironmental Assessment for the
Pcoposed Canton Tap - Mineola 138-kV Transmission Line Project, Van
Zandt, Smith and Wood Counties, Texas;" prepared for Southwestecn
Eleck�ic Power Contpany, Shreveport, Louisiana and Rayburn Counti•y
Electcic Cooperative, Inc., Rockwall, Texas, Document No, 900607, March
1991.
"Enviconmental Evaluation of the Pcoposed 138-kV Transmission Line
Between the Glenn Pine Substation and the Proposed Explorer Switching
Station in Van Zandt County, Texas," pcepared for Kaufman County Electcic
Coopecative, Inc., Kaufman, Texas and Rayburn Country Electric
Cooperative, Inc., Rockwall, Texas, Document No. 910041, March 1991.
ROB R. REID ( 19 POWER ENGINEERS, INC.
"Environmental Assessment and Alternative Route Analysis for the Proposed
EYplorer-Overton 138-kV Transmission Line Project-Kauf'man, Van Zandt,
Hendetson, Smith, Anderson, Cherokee and Rusk Counties, Texas," prepared
for Rayburn Count�y Electric Cooperative, Inc., Rockwall, Texas, Document
No. 900556, Februaiy 1991.
"A Review of Available Information on Black-capped Vireo Occurrence in
Relation to the Lower Colorado River Authority's Electric Transmission
Facilities," prepared for the Lower Colorado River Authority, Austin, Texas,
Document No. 900700, January 1991 (with staffl.
"Compt�ehensive Routing and Environmental Studies for the Sprinkle to
Howard Lane 138-kV Project (CKT 974/975)," prepaced for the City of
Austin, Austin, Texas, Document No. 900021, January 1991.
"Borrowers Environmental Report-Sam Houston Electric Cooperative, Inc. -
Proposed Two-Year Work Plan-1991-1992," pcepaced for Sam Houston
Elech•ic Cooperative, Inc., Livingston, TeYas, Document No. 910015,
January 1991.
"Alternative Routing Analysis and Environmental Report for the Pcoposed
Dripping Springs to Wimberley 138-kV Transmission Line and Substation,"
prepared for Pedernales Electric Coopei•ative, Inc., Johnson City, Texas,
Document No. 900614, November 1990.
`Bnvironmental Analysis of Soutl� Padi•e Island - Port Isabel 138-kV
Undeiground Transmission Cable," prepared for Central Po�a�er and Light
Co., Corpus Christi, Texas, Document No. 890699, October 1990.
"Supplemental Biological Assessment of the Endangeced Attwater's Prairie
Chicken and Bald Eagle Along CPL's Proposed Lon C. Hill-Coleto Ci�eek
345-kV Transmission Line," prepared for the U.S. Army Corps of Engineers,
Galveston, Texas, Document No. 900619, October 1990.
`Borrowers Environmental Report - SiY Mile - Leach 138-kV Transmission
Line Project, Sabine & Newton Counties, Texas," prepared for Tex-La
Electcic Cooperative, Inc., Nacogdoches, Teaas, Document No. 890651,
September 1990.
"Environmental Assessment and Alternative Route Analysis for the Lytton
Springs-Slaughtec Lane Project," prepared for the City of Austin, Austin,
Texas, DocumentNo. 890501, Septembec 1990.
"Environmental Assessment and A(ternative Route Anafysis for Central
Po���er and Light Company's Proposed Santo Nino 138-kV Transmission
Line and Substation," Webb County, Texas, prepaced for Central Power and
Light Company, Corpus Christi, Texas, Document No. 900034, August 1990.
"Enviconmental Assessment & Alternative Route Analysis - Pineland -
Rayburn Switchyard 138-kV Tcansmission Line Pcoject, Sabine and Jasper
Counties, Texas," prepared for Te�-La Electric Cooperative, Inc.,
Nacogdoches, Texas, Document No. 890650, August 1990.
"Environmental Assessment of the Pcoposed Pisek Project," prepared for the
Lower Colorado River Authority, Austin, Te�as, Document No. 890377,
March 1990.
ROB R. REID � 20 POWER ENGINEERS, INC.
"Borrowers Environmental Report - Center-Holly 138-kV Transmission Line
Project, Shelby & San Augustine Counties, Texas," prepared for Tex-La
Elect�•ic Cooperative of Texas, Inc., Nacogdoches, Texas, Document No.
890649,February 1990.
"Environmental Assessment for the Winchester to Salem 138-kV
T�•ansmission Line Pcoject," prepa�•ed for the Lo«�er Colorado River
Authority, Austin, Texas, Document No. 890384, Decembec 1989.
"Alternative Route Analysis and Environmental Assessment for the Lon C.
Hill-Coleto Creek 3�t5-kV Transmission Line (Volwnes I and II)," prepared
for Central Power and Light Company, Coipus Christi, Texas, Document No.
890149, December 1989.
"Environmental Information Document foc the Proposed Aristech
Cumene/Phenol Complex, Mount Airy, Louisiana," prepared for Aristech
Chemical Corp., Pittsburgh, Pennsylvania, Document No. 8901 I5, October
1989.
"Borrowecs Environmental Report for the Peoposed Tenaha-Timpson 138-kV
Transmission Line/30-Megawatt Load Shift Project," prepared for TeY-La
Electeic Cooperative of Texas, Inc., Nacogdoches, Texas, Document No.
880728, September 1989.
"Environmental Assessment and Alternative Route Analysis for Cenh•al
Po�i�er and Light Company's Proposed Javelina 138-kV Tcansmission Line
and Substation," pcepared for Central Power and Light Company, Corpus
Chcisti, Texas, Document No. 890135, September 1989.
"Alternative Route Analysis and Enviromnental Assessment for the Proposed
Gill 138-kV Transmission Line Pcoject, Harcison County, Texas," prepaced
for Panola-Harrison Electcic Cooperative, Inc., Macshall, Te�as, Document
No. 890070, June 1989.
"Environmental Assessment and Alternative Route Analysis-Chesterfleld to
Chickahominy 230-kV Project," prepared for Virginia Power, Richmond,
Virginia, Document No. 880720, June 1989.
"Environmental Assessment for a Proposed 138-kV Transmission Line
Relocation Near Kyle, Hays County, Texas," prepared for the Lower
Colorado River Authocity, Austin, Texas, Document No. 890241, June 1989.
"A Review of Available Information on Black-capped Vireo Occurrence in
Relation to the Lower Colorado River Authority's Electric Transmission
Facilities," prepared for the Lower Colorado Rivec Authority, Austin, Texas,
Document No. 890020, Februaiy 1989 (with staffl.
"Environmental Assessment - Lampasas-Goldthwaite 69-kV Transmission
Line Project," prepared for the Lower Colorado Rivec Authority, Austin,
TeYas, Document No. 880505, Febivaiy 1989.
"Environmental Information Document," prepared for the El Paso County
Lower Valley Water District Authority, Socorro, Texas, Document No.
880679, Decembec 1988 (with Jones and Neuse, Ine. and Conde Engineering,
Inc.).
ROB R. REID � 21 POWER ENGINEERS, INC.
"Environmental Report f'or the Pcoposed Childress to Paducah 138-kV
Transmission Line Project," prepa��ed for West Texas Utilities Company,
Abilene, Texas, Document No. 880628, November 1988.
`Borrowers Environmental Report for the Pcoposed West Munson-Quinlan-
Wieland 138-kV Transmission Line and Substations," prepared for Farmers
Electric Cooperative, Inc., Greenville, Texas, Document No. 880563,
November 1988.
"Enviironmental Assessment and Alternative Route Analysis for the Proposed
Mill Cceek Pt•oject - Volume II," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 880292, September 1988.
"Envi��onmental Assessment and Alternative Route Analysis for Central
Po�a�er and Light Company's Proposed Homeport 138-kV Transmission Line
and Substation," prepared for Central Power and Light Company, Corpus
Christi, Texas, Document No. 880363, September 1988.
"Environmental Information Document for a Proposed Wood Products
Mamifacturing Facility in Beaucegacd Parish, Louisiana," prepared for
Temple-Eastex, Inc., Diboll, Texas, Document No. 880422, August 1988.
"Environmental Assessment and Alternative Route Analysis for the Proposed
Colorado County Project - Volume II," prepared for the Lowec Colorado
River Authority, Austin, Texas, Document No. 880406, August 1988.
"Borrowers Environmental Report f'or the Proposed Moss Hi11230-kV
Transmission Line and Substation," prepaced for Sam Houston Electric
Cooperative, Inc., Livingston, Texas, DocumentNo. 880202, June 1988,
"Environmental Assessment of the Proposed Lottdoun to Clark 230-kV
Pcoject," prepared for Virginia Power, Glen Allen, Virginia, DocumentNo.
880065,June 1988.
"Existing Environment of the Region of Interest for the Proposed Colorado
County Project - Volume I," prepared for the Lowec Colorado River
Authority, Austin, Texas, Document No. 880068, April 1988.
"Existing Environment of the Region of Interest for the Proposed Mill Cceek
Project - Volume I," prepared for the Lower Colorado River Authority,
Austin, Te�:as, Document No. 870888, February 1988.
"Environmental Assessment of the Proposed North Anna to Mitchell 230-kV
Project," prepared for Virginia Power, Glen Allen, Virginia, DocumentNo.
870598, January 1988.
"Enviconmental Assessment and Alternative Route Analysis for the Proposed
Keriville South Project - Volume II," prepared foc the Lower Colorado River
Authority, Austin, Texas, Document No. 870784, December 1987.
"Environmental Assessment foc the Feiguson-Buchanan 138-kV
Transmission Line Project, Burnet and Llano Counties, Texas," prepared for
the Lower Colorado Authority, Austin, Texas, Document No. 870518, July
1987.
ROB R. REID ( 22 POWER ENGINEERS, INC.
"Environtnental Assesstnent for the Buchanan-Mormon Mill 138-kV
Transmission Line Project, Burnet and Llano Counties, Texas," prepared f'o�•
the Lower Colorado River Authocity, Austin, TeYas, Document No. 870517,
July 1987.
"Environmental Assessment of the City of Austin's Proposed CKT 968 138-
kV Ti•ansmission Line Pi•oject," prepared for the City of Austin Electric
Utility Department, Austin, TeYas, Document No. 870600, June 1987.
"Enviironmental Assessment of the City of Austin's Proposed CKT 966 138-
kV Transmission Line Project," prepaeed for the City of Austin Electric
Utility Depactment, Austin, Texas, Document No. 870126, June 1987.
"Part A: Environmental Assessment of Mid-Term and Long-Term
Development Options at Robeet Mueller Municipal Aii•port," prepared for the
City of Austin Depactment of Aviation; prepared by the Greiner Austin Team
- Joint Ventuce, Document No. 860722, April 1987.
"Environmental Assessment of Alternative Routes for LCRA's Proposed
Deanville Project - Volume II," prepaced for the Lower Colorado River
Authority, Austin, Texas, Document No. 861322, March 1987.
"Alternative Route Analysis and Envieonmental Assessment for the Lon C.
Hill - Coleto Creek 345-kV Transmission Line," prepared for Central Power
and Light Company, Corpus Christi, Texas, Document No. 860548, Februa�y
1987.
"Environmental Assessment of the City of Austin's Proposed CKT 961 138-
kV Transmission Line Project," prepai•ed for the City of Austin Electric
Utility Department, Austin, Texas, Document No. 861316, December 1986.
"Environmental Assessment of the City of Austin's Proposed CKT 3125 345-
kV Transmission Line Project," pcepared for the City of Austin Electcic
Utility Department, Austin, Texas, Document No. 860579, September 1986.
"Alternative Route Analysis and Environmental Assessment of the City of
Austin's Proposed CKT 912 Transmission Line Pcoject w�ithin the City of
West Lake Hil(s, TeYas," prepaced for the City of Attstin Electric Utility
Department, Austin, Texas, Document No. 851130, August 1986.
"Osuna Road Improvements (From Second Stceet to the North Diversion
Cliannel) Project No. M-4052(2) Environmental Assessment," prepared for
the County of Bernalillo, New MeYico, Document No. 86078, August 1986.
'Borrowe��'s Environmental Report: Port Lavaca-Vanderbilt 138-kV
Transmission Line and Substation-Jackson, Victoria, and Calhoun Counties,
TeYas," prepared for South TeYas Electcic Cooperative, Inc., Nursery, Texas,
Documenk No. 860208, Macch 1986.
"Borrowec's Environmental Repoct: Orange Grove - Driscoll 138-kV
Transmission Line and Substation-Jim Wells and Nueces Counties, Texas,"
prepaeed for South Texas Electric Cooperative, Inc., Nursery, Texas,
Document No. 860199, March 1986.
"Water Availability Study for the Guadalupe and San Antonio River Basins,"
prepared for the San Antonio River Authority, Guadalupe-Blanco River
ROB R. REID I 23 POWER ENGINEERS, INC.
Authority, and City of San Antonio, Document No. 85580 (wildlife section),
February 1986.
"Enviironmental Assessment of the City of Austin's Proposed CKT 972 138-
kV Transmission Line Pi•oject," prepared for the City of Austin Electric
Utility Department, Austin, Texas, Document No. 85896, October 1985.
"Environmental Assessment of the Giddings to Lexington 138-kV
Transmission Line Pcoject, Lee County, Texas," prepared for the Lower
Colocado River Authority> f4ustin, Texas, Document No. 85733, August
1985.
"Environmental Assessment of the Mormon Mills 138-kV Transmission Line
Project, Travis and Burnet Counties, Texas," prepared for the Lower
Colorado River Authority, Austin, Te�:as, Document No. 8561 l, July 1985.
"Environmental Assessment of the City of Austin's Proposed CKT 3126 345-
kV Transmission Line Project," prepared for the City of Austin Electric
Utility Department, Austin, TeYas, Document No. 85652, July 1985.
"Environmental Assessment of Alternative Routes for LCRA's Proposed
Round Top Project - Volume II," prepared for the Lowec Colorado River
Authoi•ity, Austin, Texas, Document No. 85558, June 1985.
"Existing Environment of the Region of Interest for LCRA's Proposed
Deanville Project - Volume I," prepaced for the Lotver Colorado River
Authocity, Austin, Texas, Document No. 841024, March 1985 (Revised
November 1986).
"EYisting Environmental of the Region of Interest foe LCRA's Proposed
Round Top Project - Volume I," prepared for the Lower Colorado River
Authority, Austin, TeYas, Document No. 861023, Febivaiy 1985.
"Calvect Project-Ecology Baseline Report - 1985 Update," prepared for
Phillips Coal Company, Richacdson, Texas, Document No. 85614, July 1985.
"Final Report on Pce-Construction Monitoi•ing of Brown Pelican and
Migratory Waterfowl Movements Near CP&L's Proposed Lagttna Madre
Transmission Line," prepared for Central Po�ver and Light Company, Corpus
Christi, Texas, Document No. 85431, June 1985.
"Environmental Review of Pedernales Electric Cooperative's Proposed
Seivice Center - FM 143 I, Wiliiamson County, Te�as," prepared foc
Pedernales Electric Coopecative, Inc., Johnson City, Texas, JobNo. 7519,
Lettec Report, December 1985.
"Alternative Route Analysis and Environmental Assessment for the Proposed
Coldsp�•ing 138-kV Transmission Line," prepared foi• Sam Houston Electric
Cooperative, Inc., Livingston, Texas, Document No. 84889, December 1984.
"Environmental Evaluation Relating to Petitions to Designate 178 Square
Miles in Bastrop and Lee Counties as Unsuitable for Surface Coal Mining,"
pi•epared foi• Aluminum Company of America, City Public Service of San
Antonio, Shell Mining Company, and Te�as Mining and Reclamation
Association, Document No. 84387, July 1984.
ROB R. REID � 24 POWER ENGINEERS, INC.
"Existing Environment of the Region of Interest for LCRA's Proposed
Kercville South Project," prepared for the Lower Colorado River Authority,
Austin, Texas, Document No. 84314, June 1984. (Revised November 1987).
"Environmental Assessment and Alternative Route Analysis for the Proposed
China to Pocter 500-kV Transmission Line," prepared for Gulf States
Utilities Company, Beaumont, Texas, Document No. 83566, January 1984.
"Environmental Impact Statement - Flint Creek to Oklahoma 345-kV
Transmission Line," prepared for Southwestern Electric Power Company,
Shreveport, Louisiana, Document No. 83479, October 1983.
"An Enviconmental Assessment of Alternative Lignite Conveyor Routes
Between the Cummins Creek Mine and Fayette Power Project," prepared for
the Lower Colorado River Authority, Austin, Texas, Document No. 83437,
August 1983.
"An Environmental Assessment of Alternative Lignite T��ansportation
Methods Between the Cummins Creek Mine and the Fayette Power Project,"
prepared for the Lower Colorado River Authority, Austin, Texas, Document
No. 83385, July 1983.
"Environmental Assessment of the Proposed Turtle Creek to Hunt 138-kV
Transmission Line, ICerc County, Tesas," prepared for Lo�ver Colorado River
Authority, Austin, Te�cas, Document No. 83072, March 1983.
"Environmental Assessment foe the Hunter to Sattler 138-kV Transmission
Line, Hays and Comal Counties, Texas," prepared for Pedeinales Electric
Cooperative, Inc., Johnson City, Texas, DocumentNo. 83138, March 1983.
"Draft Environmental Impact Statement, Malakoff Electcic Generating
Station and Trinity Mine, Henderson and Anderson Counties, Texas"
(Wildlife Sections), Third-Pai�ty EIS pcepared for U.S. EPA, Dallas, Texas,
EPA 906/9-83-002, Februaiy 1983,
"Alternative Route Analysis and Environmental Assessment for the
Fayetteville-Sa(em 345-kV Transmission Line," prepared for Lo�ver
Colorado Rivec Authority, Austin, Texas, Document No. 82522, December
1982.
"Review and Compacison of Three Lignite Mine Reseive Fatal Flaw
Repocts," prepared for Brazos Elech•ic Power Cooperative, Inc., Waco,
Texas, Document No. 82430, September 1982.
"Final Envi�•omnental Impact Statement, Henry W. Pirkey Power Plant Unit
1/South Hallsville Surface Lignite Mine Project, Harrison County, Texas,"
Third-Party EIS prepared for U.S. EPA, Dallas, Te�:as, EPA 906/9-82-011,
DocumentNo. 82241, September 1982.
"Fatal Flaw Analysis of the Pcoposed Morgan Hill Lignite Project,
Limestone and Ft�eestone Cottnties, Texas," Client Confidential, Docttment
No. 82393, September 1982.
"Pcepared Testimony of Rob R. Reid for the Proposed Temco to Eveigceen
138-kV Tcansmission Line, Walker County, Texas," prepared for Sam
Houston Electric Cooperative, Livingston, Texas, June 1982; testimony
ROB R. REID � 25 POWER ENGINEERS, INC.
given before Public Utility Commission of Texas in Public Hearing on
August 12, 1982.
"Draft Em�iconmental Impact Statement, Henry W. Pirkey Power Plant Unit
1/South Hallsville Surface Lignite Mine Project, Hari•ison County, Texas,"
Third-Party EIS prepaced for U.S. EPA, Dallas, Texas, EPA 906/9-82-004,
DocumentNo.81451,Macch 1982.
"EnvironmentaURegulatory Fatal Flaw Analysis for the Malvern Lignite
Prospect in Hot Spcing County, Arkansas," Client Confidential, Document
No. 81515, January 1982.
"Environmental/Regulatoiy Fatal Flaw Analysis for the Benton Lignite
Prospect in Grant and Saline Counties, Arkansas," Client Confidential,
Document No. 81514, January 1982.
"Upper Guadalupe River Basin Water Supply Project - Final Report,"
prepared for Upper Guadalupe River Authority, Keriville, Texas, and
Guadalupe-Blanco River Authority, Seguin, Texas, Document No. 81137-
R1, October 1981 (Wildlife Sections).
"Fish and Wildlife Resources of the Blue Ribbon Mine Site, Delta County,
Colorado," prepared for Western Associated Coal Corp., Denver, Colorado,
Document No. 81405, August 1981 (with J. Koblitz).
"Aransas Pass Hunting & Fishing Club - Proposed Pi•oject Plan, McCampbell
Slough, San Patricio County, Texas," prepared for Aransas Pass Hunting &
Fishing Club, Corpus Christi, Texas, DocumentNo. 81292, August 1981.
"Baseline Environmental Studies of the Pcoposed Dolet Hills Po���er Plant
Transportive Systems Corridois," prepared for Southwestern Electric Power
Company, Shreveport Louisiana, Document No. 81415, August 1981.
`Baseline Survey of tl�e Terrestriat Ecology of the Site X Project Area,"
Henderson County, Texas, Document No. 81253, Client Confidential, July
1981 (with C.H. Pecino).
"Borrower's Environmental Report - San Miguel Electric Cooperative, Inc.'s,
Lignite Fired Po���er Plant, Unit No. 1, Atascosa County, Texas," prepaced
for San Miguel Electric Cooperative, Inc., Jourdanton, TeYas, Document No.
81114, March 1981.
"Fatal Flaw Analysis of the Added Area to the Sparta Mine, Calhoun County,
Arkansas," Document No. 80392, Client Confidential, March 1981.
"Environmental Analysis - Elm Mott/Whitney 345-kV Transmission Line
and Substation," pcepared for Bcazos Electric Po�ver Cooperative, Inc.,
Waco, Texas, Document No. 80104, March 1981.
`Borrower's Environmental Report: Magic Valley Electric Cooperative, Inc.'s
Two Yeac Work Plan," prepared for Magic Valley Electcic Cooperative, Inc.,
Mercedes, Teaas, DocumentNo. 81061, Februaiy 1981.
"Baseline Ecological Studies of the Richland-Chambers Reservoir Site,"
prepai•ed foc Tarrant County Water Control and Improvement District
Number One, Document No. 80340, Januacy 1981,
ROB R. REID � 26 POWER ENGINEERS, INC.
"Vegetation and Wildlife Resources of the Black Mesa and Kayenta Mine
Site," prepared for Peabody Coal Company, Flagstaff, Acizona, Document
No. 8071, December 1980.
`Baseline Ecological Sucvey - Jewett Mine Project," prepared foc
Northwestecn Resources Company, Huntsville, Texas, Document No. 79260,
July 1980.
°Transmission Facility Alternatives Evaluation and Siting Report - Elm
Mott/Whitney 345-kV," prepared for Brazos Electric Power Cooperative,
Inc., Waco, Texas, Document No. 80175, July 1980.
"Permit Application for Meeker Area Mines and Associated Facilities - Rio
Blanco County> Colorado," Eight Volumes, prepared for Northern Coal
Company, Denver, Colorado, Document No. 8070, June 1980.
"Biological Assessment of the Impact of a Proposed 138-kV Transmission
Line on Threatened and Endangered Species in Bell County, Texas,"
prepared foc Brazos Electcic Power Coopecative, Inc., Waco, Texas,
Document No. 8013, January 1980.
"Borrower's Environmental Report: Youngsport Tap Line, Bell County,
Texas," prepared for Brazos Electric Powec Coopecative, Inc., Waco, Texas,
Document No. 8014, January 1980.
"Environmental Impact Statement - Flint Cceek-Neosho 161-kV
Transmissiov Line and Decatur-Soutl� Substation," Wildlife Sections,
prepaced for Empire District Electric Company, Joplin, Missouri, pocument
No. 79155, November 1979.
"Supplement to Appendix S- Monitoring Program, Proposed Multipurpose
Deepwater Port and Crude Oil Distcibution System, Galveston, TeYas,"
DocumentNo. 78160-S1, September 1979.
"Studies of the Effects of Alterations of Freshwater Inflows into Matagorda
Bay Area, Texas, Phase I, Final Repoi•t," Appendix E, Fish & Wildlife
Resources, September 1979 (with T.D. Hayes).
`Biological Assessment of the Impact of a Proposed Multipurpose
Deepwater Poct at Galveston, TeYas on Threatened and Endangered
Species," Document No. 79108, July 1979.
"Biological Assessment of the Impact of a Pcoposed 345-kV Transmission
Line on Tlireatened and Endangered Species in Wilson and Guadalupe
Counties, Texas," prepared for Brazos Electric Power Cooperative, Inc.,
Waco, Texas, Document No. 79114, July 1979.
"Preliminary Ecological Evaluation of the Barton Creek Watecshed -
Appendix A," In: "A Study of Some Effects of Urbanization on the Barton
Creek Watecshed," Document No. 7995, June 1979 (with J.R. MacRae and
D.B, Adams).
"Environmental Analysis: Youngsport Tap Line" (draft), prepared for Brazos
Electric Power Cooperative, Inc., Waco, Texas, Document No. 7965, April
1979 (with J.R. Schenck and P.J. Grubb).
ROB R. REID I 27 POWER ENGINEERS, INC.
"Ecological Considerations Associated with the Disposal of Produced Watec
into Mound Lake, Teriy and Lynn Counties, Texas," Document No. 7922,
Februaiy 1979 (with J.M. Wiersema).
"Envi�•onmental Ove���ie�n� of a Proposed Surface Lignite Coal Mine in West-
Central Alabama," Wildlife Section, Document No. 78149, November 1978.
"Baseline Suivey of the Terrestrial Ecology of tlie Malakoff-Cayuga Mining
Prospect," prepared for Nocth American Coai Corporation, Dallas, Texas,
Document No. 78165, November 1978 (with D.B. Adams).
"Environmental Impact Assessment and Evaluation of Altecnatives for Lake
Travis," Land Use and Ecology Section, prepared for U.S. A�my Coips of
Engineers, Fort Worth District, Document No. 7890, November 1978 (�vith
D.B. Adams).
"Enviconmental Assessment Report - Proposed Multipurpose Deep-Water
Poct and Ccude Oil Distribution System," Galveston, Texas, Vol. III,
Appendix I- Wildlife, Document No. 7834, November 1978.
"Environmental Assessment Report - Proposed Multipurpose Deep-Water
Port and Ceude Oil Distribution System," Galveston, Texas, Wildlife Section,
Document No. 7825, November 1978.
`Baseline Ecology Studies, Calvert Lignite Prospect," Wildlife Section,
Document No. 78157, Octobei• 1978.
"Appendix to Volume II - Plan Summary Report, Lower Colorado Basin,
Water Quality Management Plan," Biology Section, pcepared for the Lower
Colorado River Authocity by and Turner, Collie, and Braden, Inc., Document
No. 7880, June 1978.
"Environmental Analysis - CEPCO Microwave Relay System," Cajun
Electric Power Cooperative, Inc., Document No. 7859, June 1978 (with D.B.
Adams).
"Wildlife Baseline Report - Carter Oil Company Prospect," pcepat•ed for
Dames & Moore, Houston, Texas, Document No. 7874, May 1978 (with J.R.
Schenck and G.G. Raun).
"A Windshield and Multivariate Approach to the Ciassification, inventory,
and Evaluation of Wildlife Habitat: An Elplorato�y Study," Presented at: A
Workshop - The Use of Multivariate Statistics in Studies of Wildlife Habitat,
23-24 April 1980, Burlington, Vecmont. Sponsored by: School ofNatural
Resow•ces, University of Vermont; U.S. Fish and Wildlif'e Service; USDA
Fo�•est Seivice. USDA Forest Service Gen. Tech. Repo��t RM-87, August
1981 (with C.E. Grue and N.J. Siivy).
"Competition Between Bobwhite and Scaled Quail foc Breeding Habitat in
TeYas," Proc. Ann. Conf. S.E. Fish and Wildlife Agencies. 33: (146-153),
1979 (with N.J. Silvy and C,E. Grue).
"Correlation of Habitat Pat•ameters with Whistle-Count Densities of
Bob«�hite (Colinus vi�•ginianus) and Scaled Quail (Callipepla squamata) in
Texas," M.S. thesis, 1977.
ROB R. REID I 28 POWER ENGINEERS, INC.
ATTACHMENT 2 RESUME OF L/SA BARKO MEAUX
AUS i46-008 (PROPOSAGS) DME (UI8/2013) LD
. � �i�`�Csr���d�l��
LISA BARKO MEAUX
PROJECT MANAGER, ENVIRONMENTAL SERVICES
YEARS OF EXPER/ENCE
13
EDUCAT/ON
> M.S., Environmental Management,
University of Houston, 2001
> B.S., Environmental Science, Texas
A&M University, 1998
> A.S., Science, Houston Community
College, 1995
AREAS OF EXPERT/SE
> Project management
> Schedule and budget management
> State utility siting applications
> Expert testimony
> Environmental planning
> Routing and siting studies
> Environmental studies and documents
> Environmental compliance, approvals,
permits, and strategy
> Public involvement and agency
coordination
SPEC/AL TR.4/N/NG
> OSI3A/RCRA Hazmat Training, Texas
A&M National Spill Conh•ol School
HARDWARE/SOFTWARE
> Microsoft Project
> Adobe Workshop
> Oracle MIS
> PLS-CADD
AFF/L/AT/ONS
> Texas Association of Environmental
Professionals
> Gulf Coast Power Association
EXPERIENCE SUMMARY
Ms. Barko Meaux has an abundance of knowledge of the planning, technical,
regulatory and managerial aspects of the utility industry. She is skilled at
finding cost effective, timely approaches for compliance and coordination
with local, state and federal agencies. She has organized and participated in
various public involvement programs and has conducted and led the resulting
public input analysis and interpretation. She has prepared written and
delivered oral expert testimony on behalf of contested linear projects. Her
compliance responsibilities have included obtaining necessary permits and
clearances for energy related projects, primarily linear routing studies, and
overseeing and coordinating report preparation of environmental
assessments, Certificates of Convenience and Necessity (CCN) Applications,
Phase I Environmental Site Assessments (PIESAs) in accordance with
ASTM standards, Spill Prevention Control and Countermeasure Plans
(SPCC), Storm Water Pollution Prevention Plans (SWPPP), natural resource
assessments (NRAs) and coordination of archeological surveys.
Xcel Energy Services, Kiser to Kress 115 kV Transmission Line
Project, Texas
Project Coordinator far an environmental assessment and alternative route
analysis for submittal with the Cei�tificate of Convenience and Necessity
application needed for the Kiser to Kress Transmission Line Project. The
project is located in west Texas and is required to meet the Southwest Power
Pool, Ina (SPP) network upgrade. The project consists of approximately 16
miles (depending on the route selected by the Public Utility Commission of
Texas (PUC)) of transmission line circuit. The proposed project will connect
the proposed Kiser Substation to the existing Kress Rural Substation, the
Plainview North Substation, and the Kress Substation. Environmental issues
on the project include siting through irrigated agricultural land and rural
residential development. POWER also provided CCN Application support
and will provide expert testimony if the project is contested.
Xcel Energy Services, Kiser to Cox 115 kV Transmission Line
Project, Texas
Project Coordinator for an environmental assessment and alternative route
analysis for submittal with the Certificate of Convenience and Necessity
application needed for the Kiser to Cox Transmission Line Project. The
project is located in west Texas and is required to meet the Southwest Power
Pool, Ina (SPP) network upgrade. The project consists of approximately
eight miles (depending on the route selected by the Public Utility
Commission of Texas (PUC)) of transmission line circuit. The proposed
project will connect the proposed Kiser Substation to the existing Cox
Substation. Environmental issues on the project include siting through
irrigated agricultural land with rural residential development. POWER also
provided CCN Application support. This project was recently approved.
LISA BARKO MEAUX � 2 POWER ENGINEERS, INC.
Lower Colorado River Authority, Cushman to Highway 123138
kV Transmission Line EA, Texas
Project Manager responsible for technical oversight, client relations, public
outreach, project reporting and document preparation. POWER prepared the
enviromnental assessment and alternatives analysis (EA) document for a new
seven-mile, single-circuit 138 kV line. The document supports LCRA's
Certificate of Convenience and Necessity (CCN) application for filing with
the Public Utility Commission of Texas. Tasks included data acquisition and
analysis, preliminary alternatives identification, providing exhibits and
support staff for a public meeting, public input analysis, and preparation of
the EA. POWER provided post filing support on this project and also
provided expert witness testimony at the hearing on merits.
Lower Colorado River Authority, EC Mornhinweg to Parkway,138
kV Transmission Line EA, Texas
Project Manager responsible for technical oversight, client relations, public
outreach, project reporting and preparation of the EA. POWER is preparing
the environmental assessment and alternatives analysis (EA) document for
construction of a new 138 kV transmission line. The document supports
LCRA's Certificate of Convenience and Necessity (CCN) application for
filing with the Public Utility Commission of Texas. POWER provided data
acquisition and analysis, preliminary alternatives identification, exhibits and
support staff for a public meeting, public input analysis, and preparation of
the EA. The study area includes agricultural land, pastures, residential
subdivisions and commercial properties. POWER will provide post filing
support for this project and will also provide expert witness testimony if
required.
Electric Transmission Texas
Lobo to Rio Bravo to North Edinburg 345 kV Transmission Line
EA, Texas
Project Manager for technical oversight, client relations, public outreach,
project reporting and preparation of the EA and CCN Application preparation
support. POWER was contracted by Electric Transmission Texas (ETT) to
route an Electric Reliability Council of Texas (ERCOT) critical project in the
Rio Grande Valley area in south Texas. The double-circuit capable 345 kV
transmission line will begin at the ETT Lobo Substation in northern Webb
County and extend over 100 miles to the North Edinburg Substation located
in Hidalgo County. The proposed project will also pass near the location of
the existing Rio Bravo Substation located in southern Webb County. The
total project length will be approximately 136 to 170 miles depending on the
route that is approved by the Public Utility Commission of Texas (PUC).
POWER collected and analyzed study area data, developed a constraints
map, developed preliminary links, participated in the public outreach
program which included five public meetings over a two week period,
conducted the public input analysis, revised the preliminary links and
identifed and compared the alternative routes. POWER is preparing the
Alternative Route Analysis / Environmental Assessment Report and is
supparting preparation of ETT's application for a Certificate of Convenience
and Necessity to the Public Utility Commission of Texas (PUC). POWER is
also providing written expert witness testimony for this project.
LISA BARKO MEAUX I 3 POWER ENGINEERS, INC.
Oncor Electric Delivery, CREZ Clear Crossing-Willow Creek Line,
Texas
Project Manager responsible for technical oversight, client relations, public
outreach and project reporting for a new h•ansmission line to link wind-
generated power from West Texas to Oncor's service area. The new 345 kV
transmission line will run approximately 100 miles across the north-central
area of the state on lattice steel structures. The project is part of the Texas
Competitive Renewable Energy Zones (CREZ) initiative to inject renewable
energy into the Texas electrical grid. POWER collected and analyzed study
area data, coordinated and participated in the public outreach program,
conducted the public input analysis, developed resource maps, identified and
compared alternative routes, and prepared the Environmental Assessment
which is part of the client's application for a Certificate of Convenience and
Necessity to the Public Utility Commission of Texas. POWER also provided
expert testimony support.
Oncor Electric Delivery, CREZ Willow Creek-Hicks 345 kV Line,
Texas
Project Manager responsible for technical oversight, client relations, public
outreach and project reporting for a new transmission line to bring wind-
generated power from West Texas. POWER provided environmental services
for a new transmission line that will allow Oncor to bring renewable energy
into its service territoiy. The new 40-mile, 345 kV transmission line will
bring power generated from wind farms in West Texas to Oncor's customers.
The project is part of the Texas Competitive Renewable Energy Zone
(CREZ) initiative. POWER acquired and analyzed resource data, coordinated
and participated in the public outreach program, conducted the public input
analysis, developed resource maps, identified and compared altei�native
routes, and prepared the Environmental Assessment which is part of the
client's application for a Certificate of Convenience and Necessity to the
Public Utility Commission of Texas. POWER also provided expert testimony
support.
Oncor Electric Delivery, CREZ Transmission Projects, Texas
Environmental Project Manager responsible for assisting Oncor with the
presentation and development of wark scope tasks and subtasks for various
CREZ projects. Tasks were used to create an overall project management
schedule for the client's use in monitoring the collaborative CREZ project
effo��t. POWER is an integral part of Oncor's CREZ team to site, design and
construct approximately $1.3 billion in transmission infrastructure projects as
part of Texas' $5 billion Competitive Renewable Energy Zones (CREZ)
projects. The goal is to develop the transmission infrastructure needed to
transport wind power from West Texas to the state's consumers. Planned
Oncor projects include approximately 20 new or upgraded 345 kV
substations and 800+ miles of 345 kV transmission lines. POWER is
responsible for detailed design of all of the Oncor transmission lines and
most of the Oncor substations. Our scope also includes providing technical
support as requested by Oncor for all aspects of the CREZ program.
LISA BARKO MEAUX � 4 POWER ENGINEERS, INC.
Oncor Electric Delivery, Bell County East to TNP One 345 kV
Transmission Line, Texas
Project Manager responsible for oversight and identification of preliminary
alternative routes far the proposed Bell County East — TNP One 345 kV
Transmission Line Project in central Texas. The transmission line is
approximately 40 miles long and includes a 160-foot right-of-way for the
new double-circuit 345 kV transmission line in Bell, Milam, and Robertson
counties, Texas. POWER was responsible for drafting a research design for
the Texas Historical Commission prior to field studies being initiated.
POWER produced an interim report and a draft archeological report, both of
which were submitted to the Texas Historical Commission. POWER also
participated in the technical conference, adequacy of routes hearing, and
responded to Requests for Information (RFI's). POWER provided written
direct testimony and delivered oral testimony in support of the PUC CCN
application at the hearing on merits at the State Office of Adminish•ative
Hearings (SOAH) offices in Austin.
CenterPoint Energy, 138 kV Springwoods Transmission Line EA,
Routing Study and CCN Application, Texas
Project Manager responsible for oversight and coordination of all project
components. POWER conducted a routing study and prepared the
environmental assessment to support a CCN application for the 138 kV
Springwoods Transmission Line project. This project is located in a rapidly
developing portion of northern Harris and southern Montgomery counties,
Texas. Land use data collection and analysis was critical due to the nuinber
of existing, under constiuction, and proposed residential and associated
commercial developments. POWER identified preliminary alternative route
segments which were presented at a public meeting. POWER also completed
the public input analysis and conducted an alternative route comparison as
part of the Routing Study/EA and CCN application document while
considering the necessary requirements of Section 37.506(c)(4)(A)-(D) of the
Texas Utilities Code, the Public Utility Commission of Texas (PUC) CCN
application form, and PUC Substantive Rule 25.101. POWER also provided
CCN Project Manager Services, a specific requirement for the project that
included coordination of tasks for POWER and the client's personnel. Expert
testimony support was not required because this project was consented by the
PUC.
CenterPoint Energy, 138 kV Zenith Transmission Line EA,
Routing Study and CCN Application, Texas
Project Manager responsible for oversight and coordination of all project
components. POWER conducted a routing study and alternatives analysis
and prepared the environmental assessment and CCN application for the 138
kV Zenith Transmission Line project. Land use data collection and analysis
were critical due to residential and commercial developments in the area.
POWER identified preliminary segments and presented preliminary
alternatives at a public meeting, then recommended a preferred and three
alternate routes based on public input analysis. Expert testimony support was
not required because this project was not contested.
LISA BARKO MEAUX ( 5 POWER ENGINEERS, INC.
CenterPoint Energy, Freeport LNG 69 kV Transmission Line
Permitting, Texas
Project Manager responsible for the coordination of environmental permit
and clearance requirements for the Freeport LNG 69 kV transmission line.
Assisted in transfer of Freeport LNG's U.S. Army Corps of Engineers Permit
related to the h•ansmission line to CenterPoint. Prepared the project
Stormwater Pollution Prevention Plan, assisted in compliance with
recommendations made by the U.S. Fish and Wildlife Service, Texas Parks
& Wildlife and the State Historic Preseivation Officer. Upon approval of the
CCN application by the PUC, assisted with obtaining the necessary
environmental permits/clearances for construction of the project. Responsible
for selecting and coordinating with an archaeological firm to conduct
background research and prepare a letter of recommendation to the Texas
Historical Commission (THC). Concurrence from THC was granted and no
survey was required. Prepared an abbreviated Environmental Site
Assessment and conducted soil sampling to determine the disposal procedure
of excavated materials resulting during construction.
Deep East Texas Electric Cooperative, Inc., Fairmount 138 kV
Transmission Line, Texas
Environmental Project Manager responsible for technical oversight, client
relations, public out►•each, project reporting and preparation of the
Environmental Assessment. The project consists of a new substation and 138
kV transmission line. POWER's environmental services included supporting
preparation of the Certificate of Convenience and Necessity (CCN)
document for filing with the Public Utility Commission of Texas. Tasks
included data acquisition and analysis, preliminary alternatives identification,
providing e�ibits and support staff for a public meeting, public input
analysis, and preparation of the EA including recommendation of a preferred
route. The study area includes forested land, agricultural land, and gently
rolling hills with residential/commercial properties. Significant land use
features within or near the study area include the US Forest Service and
Toledo Bend Reservoir. This project was administratively approved by the
PUC.
American Electric Power, Huntington Court - Roanoke 138 kV
Transmission Line Siting, Virginia
Environmental Project Manager responsible for the team coordination,
technical direction, client relations and document preparation. POWER
routed the 138 kV transmission line through dense urban districts in the
greater Roanoke area. The approximately eight-mile line is part of AEP's
Roanoke Area Improvement Projects. Key issues included impacts on
residences and businesses, visual resources, and identified threatened and
endangered species, including Virginia big-eared bat. POWER prepared a
state-level EA as part of an application for a Certificate of Public
Convenience and Necessity to Virginia's State Corporation Commission to
route the project. POWER prepared written testimony in support of the
routing and environmental assessment on this project, but delivery of oral
testimony was not required.
LISA BARKO MEAUX � 6 POWER ENGINEERS, INC.
American Electric Power, Matt Funk 138 kV Transmission Lines,
Virginia
Environmental Project Manager responsible for team coordination and
technical direction for siting two segments of a transmission line that is part
of AEP's Roanoke Area Improvement Projects. POWER prepared a state-
level environmental assessment to accompany AEP's application for a
Certificate of Public Convenience and Necessity to the Virginia State
Corporate Commission for the Matt Funk 138 kV Extension and Matt Funk
138 kV Bus Tie No. 1 projects. The two segments total about five miles in
length. Written testimony in support of the routing and environmental
assessment was prepared, but delivery of oral testimony by POWER was not
required.
American Electric Power, Gamesa Jackson Mountain Wind Farm
— Nicole 138 kV Transmission Line, Texas
Project Manager responsible for environmental services for a transmission
line that would connect the Gamesa Jackson Mountain Wind Farm with
AEP's proposed Nicole Substation near Abilene. POWER was contracted to
provide environmental services to route this approximate 17-mile 138 kV
transmission line, which would provide wind-generated power to AEP's
delivery system. POWER conducted data collection and began preparing for
a public meeting while also beginning preparation of the Environmental
Assessment to accompany AEP's application for a Certificate of
Convenience and Necessity to the Public Utility Commission of Texas.
POWER was responsible for data acquisition and analysis, environmental
assessment preparation, alternative route identification and comparison,
public meeting coordination and participation, map preparation and
abstractor coordination. This project was cancelled by the developer.
Riverside Public Utilities, Riverside Transmission Reliability
Project-Phase II Environmental Services, California
Public Outreach Coordinator for agency and tribal contacts for the public
definition phase for an Environmental Impact Report to analyze the impacts
of upgrades to the City of Riverside's electric delivery system. Responsible
for developing a contact list, preparing contact letters, follow-up telephone
calls, scheduling face-to-face meetings, and documenting agency and tribal
comments. POWER is providing public involvement, urban resource impact
analysis, and environmental planning services for a new 230 kV
interconnection with the SCE transmission system. The environmental
analysis addresses the construction of a 230 kV transmission line, six 69 kV
transmission lines, two new 230 kV substations, and the upgrade of eight 69
kV substations. POWER is preparing the Enviromnental Impact Report under
CEQA with the City of Riverside as the lead agency. Southern California
Edison will construct the 230 kV portion of the project following the
issuance of a Certificate of Public Convenience and Necessity (CPCN) from
the California Public Utilities Commission (CPUC). The CPUC is a
Responsible Agency and will adopt the certiiied EIR when completed for the
construction of the 230 kV interconnection.
LISA BARKO MEAUX � 7 POWER ENGINEERS, INC.
Nebraska Public Power District, Electric Transmission Reliability
Project Routing Study, Nebraska
Environmental Specialist responsible for assisting the permitting effort for a
study to select the preferred route of a proposed new 345 kV transmission
line in east-central Nebraska. Permitting included Army Corps of Engineers
Section 404; jurisdictional wetlands; storm water; Section 401 Water Quality
Certification; FAA notices; Nebraska Power Review Board and Nebraska
Public Service Commission applications; highway, raih•oad, and foreign
utility crossings; and flood control. POWER collected data on the study area
and evaluated route corridors. The fast-track project determined the project
study area and selected the preferred route for the approximately 80-mile-
long transmission line from Columbus to Lincoln. The report assessed the
project's impacts on land uses, visual resources, cultural resources, and
biological resources and identified engineering constraints.
Lower Colorado River Authority, Manchaca to Friendship 138 kV
Underground Line, Texas
Project Manager for the environmental planning tasks associated with the
underground portion of a proposed 138 kV transmission line. Identified the
required environmental permitting and clearances necessary to construct the
underground portion of the project Selected and coordinated with a
geophysical subcontractor firm to conduct a Ground Penetrating Radar
(GPR) and Electric Resistivity survey of the proposed right of way.
Coordinated the environmental subsurface survey logistics, data collection
and data interpretation with input from LCRA. The project is located within
the Edwards Aquifer Recharge Zone in Hays and Travis counties, Texas. The
purpose of the survey was to evaluate karst features such as air-filled caves
and solution cavities that might affect the design and construction.
Entergy, Golden Meadow-Leeville 115 kV Line, Louisiana
Environmental Project Manager for a project where POWER has been
contracted by Entergy to perform an environmental assessment and
alternative route analysis far the proposed Golden Meadow-Leeville 115 kV
Transmission Line. The project is the rebuild of the 13.4-mile Golden
Meadow to Leeville ll 5 kV transmission line project in a new right of way.
The existing in-service transmission line has exceeded its design lifespan and
serves an offshore oil unloading facility that is vital to the national energy
interest. The project area is located in coastal Louisiana and considerations
during the routing study include coastal wetland impacts, accessibility for
maintenance activities, cost and design and other land use issues. POWER
was responsible for environmental and land use data collection, constraints
mapping, developing alternative routes, tabulating potential environmental
and land use impacts, and recommending a preferred route. The routing study
and EA will be used to defend the selected route and to support permitting
requirements. POWER is also providing preliminary design and the
cost/schedule estimate for design, material and construction of the project.
Mines Management, Montanore Mine Transmission Line MFSA,
Montana
Project Coordinator responsible for directing the environmental analysis and
overseeing the preparation of a Montana Major Facilities Siting Act
LISA BARKO MEAUX � 8 POWER ENGINEERS, INC.
application for a transmission line to a new mine in northwestern Montana.
Coordinated POWER team members and 10 subcontractors to complete the
application. The 16-mile, 230 kV transmission line would supply power to an
underground silver and copper mine located below a Wildeiness Area on the
Kootenai National Forest. The analysis included biological, cultural,
hydrological, and social economic studies in a four-volume response
document.
City of Pearland, Phase I Environmental Site Assessments,
Texas
Project Manager responsible far the preparation of four separate Phase I
Environmental Site Assessments (ESA). The ESAs were performed in
conformance with the scope and limitations of ASTM Practice E 1527-00 to
identify Recognized Environmental Conditions. Sites were as follows: an
approximate 4.5 acre tract on which the City was proposing to consh•uct a
new fire station; an approximate 80.0 acre tract on which the City was
proposing to construct a new retention pond; an approximate 2.20 acre tract
on which the City was proposing to construct a new facility; and an
approximate 4.77 acre tract on which the City was proposing to construct a
new elevated water storage tank. The Phase I ESAs revealed no evidence of
Recognized Environmental Conditions in connection with the properties.
PREVIOUS WORK HISTORY
CenterPoint Energy, Freeport LNG 69 kV Transmission Line EA
and Routing Study, Texas
Project Team Leader responsible for overseeing the transmission line routing
studies and Environmental Assessment/CCN application preparation. This
included data collection, field reconnaissance, and agency coordination.
Responsible for developing the routing criteria and analyzing the routes by
quantification of data into a spreadsheet. Routes analyzed included segment
options proposed for directional drilling beneath the Gulf Intracoastal
Waterway. Identified permitting requirements for underground segment
options. Prepared the environmental assessment and coordinated agency
compliance. Participated in the PUC project Technical Conference and
prepared written and delivered oral testimony in support of the CCN
application.
Oklahoma Gas & Electric, Simmons-Mountainburg 161 kV
Transmission Line EA and Routing Study, Arkansas
Principal Investigator responsible for data collection, field reconnaissance,
and agency coordination for a new 161 kV transmission line in the Ozark
Mountain ecoregion in Crawford County, Arkansas. The project was filed
with the Arkansas Public Service Commission as a major utility facility and
required a Certificate of Environmental Compatibility and Public Need
(CECPI�. The environmental assessment included discussions on natural
resources in the study area, potential impacts of the proposed alternatives and
also provided mitigation measures. Collaborated in development of the
routing criteria, route analysis, and prepared the environmental assessment.
LISA BARKO MEAUX ( 9 POWER ENGINEERS, INC.
Oklahoma Gas & Electric, Razorback-Short Mountain 161 kV Line
EA and Routing Study, Arkansas
Principal Investigator responsible for data collection, field reconnaissance,
and agency coordination for a new 161 kV transmission line in the Arkansas
Valley ecoregion in Logan County, Arkansas. The project was filed with the
Arkansas Public Service Commission as a majar utility facility and required
a Certificate of Environmental Compatibility and Public Need (CECPN). The
environmental assessment included discussions on natural resources in the
study area, potential impacts of the proposed alternatives and also provided
mitigation measures. Collaborated in the development of the routing criteria
and analyzing the routes by quantification of data into a spreadsheet.
Prepared the environmental assessment and identified agency involvement.
TXU Electric Delivery, Copperas Cove 138 kV Transmission Line
EA and Routing Study, Texas
Principal Investigator responsible for data collection, field reconnaissance,
and preliminary agency coardination. Responsible for developing the routing
criteria and analysis of segments and routes for this unique project which
included an Army airborne training facility (Fort Hood) within the study area
along with land managed by Texas Park & Wildlife and a Texas Youth
Commission Facility. Participated in coordination meetings with these
entities and also with the organization and p►•eparation of public meetings.
Assisted with the analysis of the alternative routes using a spreadsheet and
preparation of the EA and routing study report submitted to the Public Utility
Commission of Texas (PUC).
American Electric Power, Coleto Creek-Pawnee 345 kV
Transmission Line EA and Routing Study, Texas
Project Manager responsible for project administration and coordination of
this 52.3-mile project including data collection, field reconnaissance, and
public meetings. Led the analysis of the alternative routes using a spreadsheet
and preparation of the EA and routing study report submitted to the Public
Utility Commission of Texas (PUC). The project was on an expedited
schedule to meet PUC requirements. Assisted in coordination between AEP
and South Texas Electric Cooperative (STEC) to develop both portions of the
recommended ERCOT/ISO project (Coleto Creek to San Miguel) to enhance
the PUC review process. Prepared written and delivered oral, testimony to
the PUC in support of the CCN appiication.
Also responsible for seeking guidance and clarification fi•om U.S. Fish and
Wildlife Service on clearing issues during the migratory bird season.
Guidance resulted in performing field investigations and avian nest surveys
along the proposed right of way. The surveys allowed construction of the
345kV transmission line in south Texas to continue as required.
American Electric Power, Coleto Creek-Pawnee 345kV Line,
Texas, Permitting/Compliance
Sought guidance from the U.S. Fish and Wildlife Service concerning
potential impacts to nesting eagles along the San Antonio River in Texas.
Designed and participated in an aerial survey for eagle nests where the new
345 kV transmission line was proposed to cross the River. Results of the
LISA BARKO MEAUX � 10 POWER ENGINEERS, INC.
aerial survey permitted clearing and construction activities to continue as
necessary.
Reliant Energy, SIENNA Project, Texas
Assisted with the SIENNA project which required construction of a new two-
transformer 138/35 kV substation with four 35kV distribution circuits to
handle the load growth. Assisted in preparation of the Environmental
Assessment and routing study for construction of a new transmission line to
service the SIENNA substation. Participated in the selection and
development of the evaluation criteria for environmental impacts,
socioeconomic impacts, and cost considerations. Developed a matrix and
identified routing criterion. Assisted in producing Reliant Energy HI,&P's
application for a Certificate of Convenience and Necessity (CCN) for
submission to the PUC.
Reliant Energy, Galveston Island 138 kV Line, Texas
Coordinated the notification process for a new 138 kV transmission line to
Galveston Island, Texas. Gathered information from county appraisal maps,
aerial photographs, property abstracts and field reconnaissance studies.
Developed a mailing list identifying property owners along the preferred and
alternate routes. Over 1,400 notification letters were prepared for mailing.
CLECO Midstream Resources, Phase I Environmental Site
Assessments, Alabama, Tennessee, Georgia
Prepared Phase I Environmental Site Assessments for the construction of
new power plants in Alabama, Tennessee, and Georgia. The purpose of the
Phase I ESAs was to identify Recognized Environmental Conditions
associated with the current and historical usage of the Properties and
adjoining properties, nearby off-site sources of potential impact, and the
potential environmental impact on the Property fi•om surrounding conditions
or activities. Each assessment involved on-site visits for data collection,
photo-documentation, visual observations of adjoining properties and in-
person interviews. In addition, as required, regulatory background reviews
were conducted including interpretation of historical aerial photographs and
U.S. Geologic Service Maps.
Lower Colorado River Authority, Hockley-Macedonia
Transmission Line, Texas
Assisted on the preparation and submission of a natural resource assessment
for the Aockley to Macedonia Transmission Line in Waller County, Texas.
Pedernales Electric Cooperative, Hays County Substation, Texas
Responsible for overseeing completion of a Natural Resource Assessment
(NRA), Storm Water Pollution Prevention Plan (SWPPP) and a Spill
Prevention Control and Countermeasure (SPCC) Plan for a proposed
substation in Hays County, Texas.
LISA BARKO MEAUX � 11 POWER ENGINEERS, INC.
Texas-New Mexico Power, Galveston County Substation, Texas
Responsible for overseeing completion of a Natural Resource Assessment
(NRA), Storm Water Pollution Prevention Plan (SWPPP) and a Spill
Prevention Control and Countermeasure (SPCC) Plan for a proposed
substation in Galveston County, Texas.
Brownsville Public Utilities Board, SPCC Plan, Texas
Assisted the client with Spill Prevention Control and Countermeasure
(SPCC) Plan determinations needs and preparation of over 15 substations and
four other facilities. Responsible far data collection and developed a SPCC
Plan template for incorporation of Brownsville's 15 substations into one
plan. The multi-facility and the single facility Plans follow the
Environmental Protection Agency (EPA) revisions to the Oil Pollution
regulation, otherwise known as the SPCC regulation in 40 CFR Part ll 2.
Broadwing Communications, Houston-San Antonio Fiber Optic
Line, Texas
Project Manager for a fiber optic build between Houston and San Antonio.
Responsible for coordination of all permitting activities and agency
consultations to meet Broadwing's construction schedule. Coordinated
meeting the archeological requirements with the Texas Department of
Transportation and the Texas Historical Commission.
Sprint, Fiber Optic Interconnects, Texas
Project Manager for two fiber optic interconnects. One interconnect extended
fi•om Richardson to Plano, Texas and the other was in the City of Austin,
Texas. Responsible for overseeing the due diligence studies to detertnine the
environmental compliance requirements. Responsible for obtaining the
required permits and coordination with the City of Austin to complete the
City's General Permit accompanied by a tree survey.
Miller Environmental, Inc., Cell Tower Study, Texas
Designed and performed a red balloon tests to determine the area of potential
effect (APE) based on the height of proposed cell towers. All known historic
properties and State Archeological Landmarks (SALs) were identified within
the appropriate distance and plotted on a USGS map. In the �eld, a red 100-
gram meteorological balloon was tethered to the ground to represent the
height and location of the proposed cell tower site. Photographs were taken
from each known historic property and SALs looking back at the red balloon.
This process assessed the impacts the proposed tower would have on the
visual character ar setting of historic properties or SALs. The project
received approval for construction and erection of the cell tower to proceed.
Williams Communications, Inc., EI Paso-Houston Fiber Optic
Line, Texas
Assisted in the permitting process of a fiber optics cable spanning fi•om El
Paso to Houston. Responsible for submitting a Nationwide 12-permit
application with the Corp of Engineers and easement permits with the Texas
General Land Office.
LISA BARKO MEAUX � 12 POWER ENGINEERS, INC.
Enogex, Natural Gas Pipeline, Oklahoma
Assisted with obtaining environmental permits for a 26-mile long natural gas
pipeline in Tulsa, Wagoner, and Creek counties. Visited and coordinated
with various agency representatives in Oklahoma to present the project and
determine initial agency concerns. Assisted in the organization and
coordination of the archeological survey and was also responsible for
developing and submitting weekly client updates for all aspects of the
project.
City of Pearland, Phase I Environmental Site Assessment, Texas
Prepared five Phase I Environmental Site Assessments for the construction of
new city projects. Preparation of the Phase I Environmental Site Assessments
was to satisfy a requirement to qualify for the innocent landowner defense,
described in the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA).
Contract Technology, Inc., Phase I Environmental Site
Assessment, Texas
Prepared a Phase I Environmental Site Assessment for sale of property to a
bank to satisfy a requirement to qualify for the innocent landowner defense.
Confidential Client, Phase I Environmental Site Assessment,
Texas
Prepared a Phase I Environmental Site Assessment for a confidential client
along the Houston Ship Channel.
Phoenix Resources, Inc., 3-D Seismic Program, Texas
Prepared the Operations Plan and Environmental Assessment for a proposed
3-D Seismic Program on approximately 3,500 acres on the Myrtle Foester
Whitmire Division of the Aransas National Wildlife Refuge in Calhoun
County, Texas. The Operations Plan and Environmental Assessment (EA)
was used by the Refuge Manager to support a Finding of No Significant
Impact (FONSI) to support the issuance of a Special Use Permit (SUP) for
the project. The scope of work on this project included a pre-project meeting
with Phoenix Resources, Inc. and Refuge staff, data acquisition, preparation
of the draft and final plans, a cultural and archeological resource search and
coordination with various federal, state and local agencies during the course
of the project. The EA was consistent with the requirements of the National
Environmental Policy Act (NEPA), which supports the federal action of
issuance of a SUP. The project was accomplished in a manner that did not
compromise the Refuge or seismic survey activities.
San Jacinto River, Texas
Conducted a collection of benthic core samples, nektonic organisms, bird
surveys, hydrological monitaring, and plankton samples in San Jacinto River,
Texas.
A TTACHMENT 3 RESUME OF EM/L Y BEL TS
AUS 146-008 (PROPOSALS) DME (U18/2013) LD
� F;fd1C�l�����
EMILY BELTS
PROJECT COORDINATOR / LAND USE
YEARS OF EXPER/ENCE
7
EDUC.4 T/ON
> B.A., Landscape Architecture, Arizona
State University, 2006
AREAS OF EXPERT/SE
> Project coordination
> Land use and recreation planning
> Environmental Planning
> Routing and siting studies
> Environmental studies and documents
> Impact assessment and mitigation
planning
> Environmental compliance, approvals,
permits, and strategy
> Environmental compliance and
regulatory affairs
EXPERIENCE SUMMARY
Ms. Belts' experience includes project coordination and land use and visual
investigations for siting and permitting energy facilities, among other types
of projects. She has worked on more than 40 environmental planning and
permitting projects and studies, including over 15 transmission projects and
studies in Arizona. These projects have been far voltages up to 500 kV. Prior
to joining POWER, she worked with a landscape architecture firm that
specialized in site planning and urban design. While studying landscape
architecture at Arizona State University, Ms. Belts focused on the dynamic
growth in the Southwest and landscape integration.
EI Paso Electric, Wrangler to Sparks 115 kV Transmission Line
Project, Texas
Project Manager responsible for project management and conducting land
use and visual studies. The proposed project included siting a 115 kV power
line through eastern El Paso City, Texas. The goal of the studies was to site a
transmission line to connect the Wrangler to Sparks substations while
avoiding visually sensitive land uses in a primarily developed area.
Clean Line Energy Partners, Centennial West Environmental,
Multiple States
Resource Specialist responsible for researching information and gathering
GIS data for existing and future land uses within each of the federal, state,
and local jurisdictions. Ms. Belts also collected and analyzed visual
information and GIS data from Forest Seivice and BLM agencies. The
Centennial West Clean Line Project is a high-voltage (HV) (� 500 kV or f
600 kV) direct current (DC) transmission line that will gather renewable
energy from generation projects in eastern New Mexico and surrounding
areas, and transmit it to load centers such as southern Nevada, Southern
California, Arizona, and other areas in the Southwest. POWER was hired to
conduct the siting studies to develop preliminary routes to be carried forward
into public scoping for the NEPA process. The siting study involves
identifying alternative routes and converter station locations, detailed
environmental studies for key resources (e.g., land use, recreation, visual,
cultural, biological, earth, water, air, and socioeconomics) and regulatory
compliance with the National Environmental Policy Act and other applicable
federal, state, and local resources for approximately 700 to 900 miles of new
IIVDC transmission line and converter stations.
Arizona Public Service Company, Scatter Wash to Jomax 69 kV
Line Siting Project, Arizona
Project Coordinator responsible for project coordination and conducting land
use and visual studies for preparation of a power line feasibility study.
POWER is performing a siting study for a proposed 69 kV transmission line
EMILY BELTS ( 2 POWER ENGINEERS, INC.
in the Phoenix area. The project area consists of a major planned
development on state lands and therefore includes an extensive agency
involvement program and close coordination with state lands. The project
includes environmental inventories for land use, visual/aesthetic, biological,
and cultural resources, and a comprehensive public involvement program.
Arizona Public Service Company, W01 - Copper Canyon 69 kV
Project, Arizona
Project Coordinator responsible for project coordination and assisting with
technical studies for preparation of a power line feasibility study and right-
of-way application. The proposed project included siting a 69 kV power line
within the United States Department of Agriculture, Prescott National Forest
boundary. A National Environmental Policy Act (NEPA) process was
completed to obtain a right-of-way on federal lands for the proposed 69 kV
power line.
Arizona Public Service Company, Doney Park 69 kV
Transmission Line Siting Project, Arizona
Project Coordinator responsible for assisting in existing and future land use
studies for the preparation of a right-of-way application and EA for a
transmission line and substation siting project in the Doney Park community
on the Coconino National Forest near Flagstaff, Arizona.
Arizona Public Service Company, Yuma - San Luis 69 kV Line,
Arizona
Project Coordinator responsible for assisting in existing and future land use
studies. Coordinated studies with federal, state, and local jurisdiction staff,
including the Marine Corps Air Station, Yuma.
Tucson Electric Power, DeMoss Petrie - Tucson 138 kV Line
Project, Arizona
Project Coordinator responsible for project coordination and assisting in
existing and future land use studies for a proposed 138 kV transmission line
in a fully developed urban area directly north of downtown Tucson,
Tucson Electric Power, Rosemont 138 kV Line Project, Arizona
Project Coordinator responsible far project coordination and assisting in land
use and visual studies for a line from a substation south of Tucson to the
proposed Rosemont facilities.
Tucson Electric Power, Pinal Gentral - Tortolita 500 kV Project,
Arizona
Project Coordinator responsible for project coordination and assisting in land
use and visual studies for preparation of a transmission line siting report and
Certificate of Environmental Compatibility (CEC) application. The proposed
project included siting a 500 kV power line from Eloy, Arizona area to Red
Rock, Arizona area.
EMILY BELTS I 3 POWER ENGINEERS, INC.
Nextera Energy, Sonoran Solar Energy Project, Arizona
Assisted in existing and future land use studies and technical reports for the
preparation of large-scale solar energy project located south of the town of
Buckeye in Maricopa County, Arizona. The Sonoran Solar Energy Project is
proposed to construct and operate an electrical generating facility, using
concentrated solar thermal power that would provide up to 375 megawatts of
electrical generation on approximately 3,700 acres of federally managed
lands.
Confidential Client, Navajo Nation Wind Project, Arizona
Project Coordinator responsible for site assessment and preparation of a
feasibility report to review the potential for the development of a proposed
wind energy project to be located in northern Arizona.
Confidential Client, Solar Project Critical Issues Analysis,
Arizona
Project Coordinator responsible for assisting in existing and future land use
studies for the preparation of an Environmental Critical Issues Analysis
report to review the potential for the development of a proposed 500-
megawatt (MW) concentrating solar generation project to be located on
federal lands in Arizona. The goal of this analysis was to identify any
environmental or permitting constraints that could potentially prohibit the
construction, operation, and maintenance of the proposed facility.
Foresight Flying M, LLC, Grapevine Canyon Interconnection and
Wind Park Project, Arizona
Project Coordinator responsible for assisting in existing and future land use
studies for preparation of an environmental impact statement (EIS) and CEC
application for a 500 MW wind park facility, a 345 kV substation and
switchyard, a 17-mile access road, and approximately 9 miles of 345 kV
transmission line in the Diablo Canyon Rural Planning Area, southeast of
Flagstaf£ The transmission line would connect the Grapevine Canyon Wind
Ranch with an existing 345 kV transmission line, and would be located in the
Coconino National Forest.
Southern California Edison, Devers - Mirage 115 kV System Split
Project Proponent's Environmental Assessment, California
Project Manager responsible for the preparation of a PEA and environmental
assessment (EA) for a 220 kV line and two 115 kV transmission lines,
upgrade and modify 10 substations, and complete numerous connections and
facility modifications associated with splitting the Devers-Mirage 115 kV
system in Palm Springs and Thousand Palms, California into two separate,
radial 115 kV systems. Responsibilities include environmental impact
assessment of existing and future land use studies, and EA document
preparation and coordination.
A TTACHMENT 4 RESUME OF DEN/SE W/LL/AMS
AUS 146-008 (PROPOSALS) DME (1 /18/2013) LD
DENISE WILLIAMS
ENVIRONMENTAL SPECIALIST
YEARS OF EXPER/ENCE
14
EDUCAT/OM
> B.S., Environmental Management,
University of Houston, 1997
AREAS OF EXPERT/SE
> Environmental Assessments
> Siting studies
> Routing studies
> Public involvement coordination
> PUCT CCN Experience
SPEC/AL TRA/N/NG
> OSHA training from TCEQ
-� ��d�1Nt°�'6��
EXPERIENCE SUMMARY
Ms. Williams is an environmental specialist with extensive experience in
data collection, field reconnaissance, agency coordination, and public
meeting organization for transmission line projects in Texas. She has
conducted field reconnaissance related to land use determination,
transmission line compatibility, and habitable structures identification and
inventory. She has performed alternative route analyses, environmental
assessments, land use and biological data collection and analysis, routing
studies, and completed applications far Certificates of Convenience and
Necessity for submission to the Public Utility Commission of Texas. For
several of these CCN filings Ms. Williams organized the public involvement
process and analyzed the input received by the public and agencies. She has
also collected data and conducted site reconnaissance to facilitate site
analyses for proposed power plants in several states, including Texas. In
addition, Ms. Williams' experience performing environmental compliance
inspections for manufacturing facilities has provided her with first hand
insight into the implementation of state and federal govecnment regulations.
CenterPoint Energy, 138 kV Springwoods Transmission Line EA,
Routing Study and CCN Application, Texas
Environmental Planner responsible for land use issues and public
involvement for this project. POWER conducted a routing study and
prepared the environmental assessment to support a CCN application for the
138 kV Springwoods Transmission Line project. This project is located in a
rapidly developing portion of northern Harris and southern Montgomery
counties, Texas. Land use data collection and analysis was critical due to the
nuinber of existing, under construction, and proposed residential and
associated commercial developments. POWER identified preliminary
alternative route segments which were presented at a public meeting.
POWER also completed the public input analysis and conduct an alteinative
route comparison as part of the Routing Study/EA and CCN application
document while considering the necessary requirements of Section
37.506(c)(4)(A)-(D) of the Texas Utilities Code, the Public Utility
Commission of Texas (PUCT) CCN application form, and PUCT Substantive
Rule 25.101. POWER also provided CCN Project Manager Services, a
specific requirement for the project that included coordination of tasks for
POWER and the client's personnel. Expert testimony support was not
required because this project was consented by the PUC.
CenterPoint Energy, 138 kV Zenith Transmission Line EA,
Routing Study and CCN Application, Texas
Environmental Planner responsible for land use issues and public
involvement. POWER conducted a routing study and alternatives analysis
and prepared the environmental assessment and CCN application for the 138
kV Zenith Transmission Line project. Land use data collection and analysis
DENISE WILLIAMS I 2 POWER ENGINEERS, INC.
were critical due to residential and commercial developments in the area.
POWER identified preliminary segments and presented preliminary
alternatives at a public meeting, then recommended a preferred and three
alternate routes based on public input analysis. Expert testimony support was
not required because this project was not contested.
Lower Colorado River Authority, Cushman to Highway 123 138
kV Transmission Line EA, Texas
Environmental Planner responsible for land use issues and public
involvement. POWER prepared the environmental assessment and
alternatives analysis (EA) document for a new seven-mile, single-circuit 138
kV line. The document supports LCRA's Certificate of Convenience and
Necessity (CCN) application for filing with the Public Utility Commission of
Texas. Tasks included data acquisition and analysis, preliminary alternatives
identification, providing exhibits and support staff for a public meeting,
public input analysis, and preparation of the EA.
Lower Colorado River Authority, EC Mornhinweg to Parkway 138
kV Transmission Line EA, Texas
Environmental Planner responsible for land use issues and public
involvement. POWER is preparing the environmental assessment and
alternatives analysis (EA) document for construction of a new 138 kV
h�ansmission line. The document supports LCRA's Certificate of
Convenience and Necessity (CCN) application for filing with the Public
Utility Commission of Texas. POWER provided data acquisition and
analysis, preliminary alternatives identification, exhibits and support staff for
a public meeting, public input analysis, and preparation of the EA. The study
area included agricultural land, pastures, residential subdivisions and
commercial properties.
Deep East Texas Electric Cooperative, Inc., Fairmount 138 kV
Transmission Line, Texas
Environmental Planner responsible for land use issues and public
involvement. The project is a new substation and 138 kV transmission line.
POWER's environmental services included supporting preparation of the
Certificate of Convenience and Necessity (CCN) document for filing with the
Public Utility Commission of Texas. Tasks included data acquisition and
analysis, preliminary alternatives identification, providing exhibits and
support staff for a public meeting, public input analysis, and preparation of
the EA including recommendation of a preferred route. The study area
includes forested land, agricultural land, and gently rolling hills with
residentiaUcommercial properties. Significant land use features within or
near the study area include the US Forest Service and Toledo Bend
Reservoir.
Oncor Electric, Forney 138 kV Transmission Line Environmental
Assessment and Routing Study, Texas
Environmental Specialist responsible for data collection, field
reconnaissance, and agency coordination. Collaborated in the development of
the routing criteria and analyzing the routes by quantification of data into a
spreadsheet. Prepared the environmental assessment and identified agency
DENISE WILLIAMS I 3 POWER ENGINEERS, INC.
involvement. The study included the installation of a new switching station
and the construction of a new 138 kV transmission line between the new
Forney East switching station and the existing Forney substation in north
Texas.
Oncor Electric Delivery, Bell County East to TNP One 345 kV
Transmission Line, Texas
Environmental Specialist assisting with the public involvement program,
socioeconomic studies, and development of the routing report for the
Certificate of Convenience and Necessity (CCN) application to the Public
Utility Commission of Texas. The transmission line is approximately 40
miles long and includes a 160-foot right-of-way for the new double-circuit
345 kV transmission line in Bell, Milam, and Robertson counties, Texas.
POWER was responsible for drafting a research design for the Texas
Historical Commission prior to field studies being initiated. POWER
produced an interim report and a draft archeological report, both of which
were submitted to the Texas Historical Commission. POWER also
participated in the technical conference, adequacy of routes hearing, and
responded to Requests for Information (RFI's). POWER provided written
direct testimony and delivered oral testimony in support of the PUCT CCN
application at the hearing on merits at the State Office of Administrative
Hearings (SOAH) offices in Austin.
Oncor Electric Delivery, CREZ Clear Crossing-Willow Creek Line,
Texas
Land Use Specialist responsible for inventorying land use features to analyze
the impacts of a new transmission line to link wind-generated power from
West Texas to a major utility's seivice area. The new 345 kV transmission
line will run approximately 100 miles across the north-central area of the
state on lattice steel structures. The project is part of the Texas Competitive
Renewable Energy Zones (CREZ) initiative to inject renewable energy into
the Texas electrical grid. POWER collected and analyzed study area data,
coordinated and participated in the public ouri•each program, conducted the
public input analysis, developed resource maps, identified and compared
alternative routes, and prepared the Environmental Assessment which is part
of the client's application for a Certificate of Convenience and Necessity to
the Public Utility Commission of Texas. POWER also provided expert
testimony support.
Lower Colorado River Authority, Maha Creek 345 kV
Transmission Line Environmental Assessment, Texas
Principal Investigator responsible for data collection, field reconnaissance
and agency coordination on this 345 kV project in Bastrop, Texas. Ms.
Williams collaborated in the development of the routing criteria and
analyzing the routes by quanti�cation of data into a spreadsheet. Prepared the
Environmental Assessment for the Public Utility Commission of Texas
Certifcate of Convenience and Necessity application and identified agency
involvement. The assessment included the construction of a new 345 kV
transmission line between the LCRA Garfield Switchyard and the new
Bastrop Energy Switchyard in Bastrop County, Texas.
DENISE WILLIAMS � 4 POWER ENGINEERS, INC.
Oncor Electric Delivery, CREZ Willow Creek-Hicks 345 kV Line,
Texas
Land Use Specialist responsible for inventorying land use features to analyze
the impacts of a new transmission line to bring wind-generated power from
West Texas to a major utility. POWER provided environmental services for a
new transmission line that will allow Oncor to bring renewable energy into
its service territory. The new 40-mile, 345 kV transmission line will bring
power generated from wind farms in West Texas to Oncor's customers. The
project is part of the Texas Competitive Renewable Energy Zone (CREZ)
initiative. POWER acquired and analyzed resource data, coardinated and
participated in the public outreach program, conducted the public input
analysis, developed resource maps, identified and compared alternative
routes, and prepared the Environmental Assessment which is part of the
client's application for a Certificate of Convenience and Necessity to the
Public Utility Commission of Texas. POWER also provided expert testimony
support.
Xcel Energy Services, Kiser to Cox 115 kV Transmission Line
Project, Texas
Environmental Specialist responsible for land use and developing the CCN
application. POWER is performing an environmental assessment and
alternative route analysis for submittal with the Certificate of Convenience
and Necessity application for the Kiser to Cox Transmission Line Project.
The project is located in west Texas and is required to meet the Southwest
Power Pool network upgrade. The project consists of approximately eight
miles of 115 kV transmission line. Environmental issues include siting
through irrigated agricultural land and rural residential development.
Xcel Energy Services, Kiser to Kress 115 kV Transmission Line
Project, Texas
Environmental Specialist responsible for land use and developing the CCN
application. POWER is performing an environmental assessment and
alternative route analysis for submittal with the Certificate of Convenience
and Necessity application for the Kiser to Kress Transmission Line Project.
The project is located in west Texas and is required to meet the Southwest
Power Pool network upgrade. The project consists of approximately 16 miles
of 115 kV transmission line. Environmental issues include siting through
irrigated agricultural land and rural residential development.
American Electric Power, Coleto Creek-Pawnee 345 kV
Transmission Line EA and Routing Study, Texas
Ms. Williams assisted with site reconnaissance, aerial photography
interpretation, and alternative route analysis for this 52.3-mile 345 kV
transmission line project. She also coordinated the public involvement
process which included arganizing public meetings and collecting and
analyzing input received from the public and agency personnel. She assisted
in coordination between AEP and South Texas Electric Cooperative (STEC)
to develop both portions of the recommended ERCOT/ISO project to
enhance the PUCT review process. Ms. Williams also supparted the
preparation of written testimony to the Public Utility Commission of Texas
DENISE WILLIAMS � 5 POWER ENGINEERS, INC.
ATTACHMENT 5 SCHEDULE OF CHARGES
AUS 146-008 (PROPOSALS) DME (1/18/2013) LD
Page 1
POWER ENGINEERS, INC.
SCHEDULE OF CHARGES — 2013
This standard Schedule of Charges is for professional services. Unless agreed olherwise, charges for work on conlinuing projecls will be based on lhe then currenl Schedule
of Charges. A new Schedule of Charges will be issued lo be effective January t of each new year and as necessary on an inlermediate basis to accommodate new items or
revised charges. Invoices will be submitted monthly and/or upon completion of lhe work and will be due and payable when issued. All accounts not paid within thirty (30) days
after Owners receipt of lhe invoice wili bear a SERVICE CHARGE OF 1.0% PER MONTH for each month lhe invoice is unpaid.
PERSONNEL CLASSIFICATION
President.......................................................................................................................................................................................................... $250.00/hr.
Executive Vice President
Senior Project Manager IV
ProjectManager Director .................................................................................................................................................................................. $232.00/hr.
Senior Project Manager III
SeniorProject Manager II ................................................................................................................................................................................. $218.00/hr.
SeniorProject Manager I .................................................................................................................................................................................. $206.00lhr.
Senior Project Engineer III
Strategic Consultant III
ProjectManager III ........................................................................................................................................................................................... $192.00/hr.
Project Lead IV
Construction Manager III
Senior Project Engineer II
Strategic Co�sultant II
Senior Consultant III
ProjectManager II ............................................................................................................................................................................................ $172.00/hr.
Project Lead III
Strategic Consultant I
Senior Consultant II
Praject Englneer III
Construction Manager II
Senior Project Engineer I
Engineer V
ProjectManager I ............................................................................................................................................................................................. $148.00/hr.
Project Lead II
Construction Manager I
Environmental Specialist IV
Project Engineer II
Engineer IV
Designer V
Project Administrator Iii
Senior Consultant I
Consultant III
ProjectLead I ................................................................................................................................................................................................... $138.00lhr.
Project Engineer I
Engineer III
Designer IV
Environmental Specialist III
Procurement Specialist III
Scheduling Specialist III
Project Administrator II
Consultant II
EngineerII ........................................................................................................................................................................................................ $128.00lhr.
Designer III
Technician IV
Environmental Specialist II
Procurement Specialist II
Scheduling Specialist II
Project Administrator I
Programmer III
Consultant I
EngineerI ......................................................................................................................................................................................................... $117.00/hr.
Designer II
Technician III
Environmental Specialist I
Procurement Specialis[ I
Field Representative IV
Scheduling Specialist I
Project Managers Assistant Iil
Programmer II
DesignerI ......................................................................................................................................................................................................... $103.00lhr.
Drafter III
Technician II
Administrative Assistant I
Field Representative III
Staff Assistant II
Project Managers Assistant II
Programmer I
DrafterII ............................................................................................................................................................................................................. $86.00/hr.
Staff Assistant
Field Representative II
Project Managers Assistant I
DrafterI .............................................................................................................................................................................................................. $68.00/hr.
General Office Assistant
Field Representative I
Personnel with specialized experience are employed by or on relainer lo POWER. Charges for these specialists are negotialed on an individual basis depending on the
assignment. Professional time for depositions and testimony is charged at 1.5 limes the rate for services; full-day minimums apply.
2013 Rees (ll/27/12)
Page 2
POWER ENGINEERS, INC.
SCHEDULE OF CHARGES — 2013
This slandard Schedule of Charges is for professional services. Unless agreed olhenvise, charges for work on continuing projects will 6e based on lhe lhen current Schedule
of Charges. A new Schedule of Charges will be issued lo be effeclive January 1 of each new year and as necessary on an intermediale basis to accommodate new items or
revised charges. Invoices will be submitted monthly and/or upon completion of ihe work and will be due and payable when issued. All accounts nol paid within lhirty (30) days
after Owner's receipt of lhe invoice will bear a SERVICE CHARGE OF 1.0% PER MONTH for each month ihe invoice is unpaid.
SPECIAL APPLICATION SOFTWARE
Level I Software * $10.00/hr
Level II Software ** $20.00/hr
Level III Software *** $35.00/hr
Level IV Software'**' $60.00/hr
' Level I Software includes, among others: CPM, Traverse PC,
Structural Design, Foundation Design, HVAC Design, Conveyor
Design, Rockwell RSView & RSLogix, Subnet Solutions
Substation Server.net, Subnet Solutions Substation Explorer,
and Wonderware.
*' Level II Software includes, among others: ArcPro, ASPEN
OneLiner, ESA Easy Power, Milsoft Windmil, OSI ETAP,
Pathloss V5, SKM PTW, Sy�erGee DPA/G (Distribution
Primary Analysis/Graphics), Smart Plant P&ID, Smart Plant
Instrumentation, SIMFLEXS, DPAG, PTW, Harmflo, Matlab,
PLS-CADD, TL-CADD, AutoCAD, MicroStatlo�, Drafting
Station w/soflware, and specialized estimating programs.
""Level 111 Software includes, among others: CDEGS
(RESAP/MALZ), GE PSLF, PSCAD (PSCAD/EMTDC), PTI
PSS/E, WinIGS, Smart Plant 3D, PDS, Rebis, GIS
Workstation, Engineering Workstation, and Electrocon CAPE.
REPRODUCTION
Drawings — Black & White
Large Scale Drawings (C Size)
Large Scale Drawings (D Size)
Large Scale Drawings (E Size)
Drawings — Color
Large Scale Drawings (C Size)
Large Scale Drawings (D Size)
Large Scale Drawings (E Size)
$1.90/ea.
$3.301ea.
$5.50/ea.
$6.00/ea.
$10.90/ea.
$17.50/ea.
Documents — Black & White
Single-sided Copies 8 x 11 $0,05/ea. 11 x 17 $0.15/ea.
Double-sided Copies 8 x 11 $0.10/ea.
Documents — Color
Single-sided Copies 8 x 11 $0.50/ea. 11 x 17 $1.00/ea.
Double-sided Copies 8 x 11 $1.00/ea.
Spiral Comb $2.65/ea.
3 Ring Binder Dependent on size
Special Copy Center Projects (Labor) $45.00lhr.
SURVEY EQUIPMENT
'***Level IV Software includes, among others: CDEGS, Survey Equip, to support field crew $70.00/day
CDEGS (HiFREQ), COMSOL Multiphysics, Sigma SLP, STRI GPS Equipment 2 Units $60.00/hour $350.00/day
Line Performance Software, and Animation. GPS Equipment 3 Units $80.00/hour $450.00/day
Other expenses including but not limited to subcontractors, airtare, lodging, meals, postage and shipping, purchases, rentals, are charged at cost plus
a carrying and handling charge of 10%.
Communication Charge - including but not limited to long distance telephone and fax, charged at 1% of labor billing charges.
CAD Usage Charge — charged at 3% of labor billing charges.
2013 P'ees (] 1/27/12)
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349-8487
ACM: Bryan Langley ��t�
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a Public
Worlcs Contract for the constniction of electric substations for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date (RFP 5142-
awarded to Can-Fer Utility Services, LLC in an amount not to exceed $16,560,000). The Public
Utilities Board recommends approval (5-0).
RFP INFORMATION
Denton Municipal Electric (DME) has 12 substation projects approved in its Capital
Improvement Plan. In planning for constniction of multiple substations, DME has stnictured
designs into standard units that can be used in almost any application. RFP #5142 was stnictured
to obtain a variety of unit prices for all aspects of substation constniction work that could be used
for multiple proj ects over time for different station configurations.
Request for Proposals (RFP) were sent to 190 prospective suppliers, including five Denton firms.
In addition, specifications were placed on the Materials Management website for prospective
suppliers to download and advertised in the local newspaper. Six responsive proposals were
received. The RFP evaluation team included staff from Materials Management and Electric
Engineering. Exhibit 1 reflects the pricing tabulation, which indicates that Can-Fer Utility
Services, LLC (Can-Fer) proposed the "best valued" pricing. Can-Fer received the highest
evaluated score (60) for the price category as identified on the Evaluation Summary/Ranlcing
Sheet (Exhibit 2). The evaluation summary process reflects that Can-Fer received the highest
evaluated score and is recommended as the "best valued" contractor for the City.
At the conclusion of the evaluation process, staff requested Can-Fer to provide a revised
proposal that more clearly defined the individual line items, allowing for better accounting of
quantities and flexibility in stnicturing the worlc. This effort is identified in Exhibit 3.
Staff is in the process of finalizing a master contract with Can-Fer, which will secure the
proposed pricing. Staff will prepare individual project contract(s), including required bonding,
upon Council approval of the entire award for the identified 12 substation projects, and submit to
the City Manager for execution prior to worlc commencing for the individual proj ect(s).
Agenda Information Sheet
Febniary 12, 2013
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 28, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration (Exhibit 4).
RECOMMENDATION
Approve a public worlcs contract between the City of Denton and Can-Fer Utility Services, LLC
in an amount not to exceed $16,560,000.
PRINCIPAL PLACE OF BUSINESS
Can-Fer Utility Services, LLC
Grand Prairie, TX
ESTIMATED SCHEDULE OF PROJECT
The initial term of this contract is for one year ending Febniary 12, 2014. The City and the
awarded vendors shall have the option to renew this contract for two (2) additional one (1) year
periods. Work will be authorized based on project schedules.
FISCAL INFORMATION
The costs for materials and services purchased under the proposed agreement will be funded out
of amounts budgeted for specific projects. Much of the work proposed will be in the transmission
category. These costs for transmission projects will ultimately be recovered through the Public
Utility Commission Transmission Cost of Service Program (TCOS).
EXHIBITS
Exhibit 1: Initial Proposal Pricing
Exhibit 2: Evaluation/Ranlcing sheet
Exhibit 3: Can-Fer Final Negotiated Pricing
Exhibit 4: Public Utilities Board Agenda Information Sheet and Draft Minutes
Exhibit 5: Proposed Contract
Agenda information Sheet
Febniary 12, 2013
Page 3
Respectfully submitted:
� �
___
�=%��_,
�.� �
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-RFY 5142
Exhibit 1
Initial Unit Prices as Received for RFP #5142
Substation Construction Services
Proposer Can-Fer Uklity Services, LLC EmestP. BreauxElecmical MichelsPower RkeStecbac, LLC R&coNCompa�y UtiliryZir�a-conre ser.lrrc.
Princi al Place of Business GrandPrairie, TX New Iheria, LA Neenah, WI nB. Air7; NC oklnhomaciry, ox RourrdRoc7� TX
Estimated N}�.stYwr EstimatedTotsl NSrstYwr EstimatedTotsl NSrstYwr EstimatedTotsl NSrstYwr EstimatedTotal NSrstYwr EstimatedTotal NSrstYwr EstimatedTotal
Item # Description UOM ���� unit cost Annua� cost unit cost Annua� cost unit cost Annua� cost unit cost Umua� cost unit cost Umua� cost unit cost Umua� cost
Quantity
1 Mobilization LS 3 $12,750.32 $3$250.96 $20,000.00 $60,000.00 $91,798.79 $275,3J4.87 $19,763.34 $59,790.02 $5,000.00 $15,000.00 $16,010.00 $48,030.00
2 138 KV Breaker inetalled EA 24 $3,977.67 $95,46{.OS $7,800.00 $187,200.00 $5,748.82 $137,971.68 $5,162.92 $123,910.08 $10,450.00 $250,800.00 $4,514.40 $108,345.60
3 138 KV High Bus Switch and Stand EA 36 $2,670.48 $96,137.40 $4,200.00 $151,200.00 $7,089.7A $255,212.6{ $6,458.00 $232,488.00 $8,000.00 $288,000.00 $3,536.64 $127,319.04
4 138 KV Low Bus Switch and Stand EA 30 $2,245.47 $67,36{.19 $4,200.00 $126,000.00 $6,878.09 $206,342.70 $6,458.00 $193,740.00 $7,800.00 $234,000.00 $3,386.16 $101,584.80
5 Substitute Motor Operator for manual EA 6 $1,062.53 $6,375.15 $800.00 $4,800.00 $4,618.02 $27,708.12 $584.93 $3,509.58 $800.00 $4,800.00 $3,536.64 $21,219.84
6 138 KV Tranemieeion Takeoff Shucture EA 8 $4,278.44 $34,227.52 $3,600.00 $2$800.00 $$818.6{ $70,549.12 $6,526.46 $52,211.68 $10,050.00 $80,400.00 $6,669.36 $53,354.88
7 ConetructTranemieeionTakeoffShucture EA 18 $208.96 $3,761.34 $1,800.00 $32,400.00 $1,161.99 $20,915.82 $1,052.88 $18,951.84 $1,600.00 $28,800.00 $2,993.04 $53,874.72
S 65'StaticMaet EA 12 $1,255.20 $15,062.37 $1,200.00 $14,400.00 $3,909.31 $46,911.72 $1,011.25 $12,135.00 $2,250.00 $27,000.00 $1,710.00 $20,520.00
9 138kV - 15 KV Traneformer EA 8 $1,905.47 $15,243.72 $5,800.00 $46,400.00 $5,039.68 $40,317.44 $3,598.77 $28,790.16 $2,000.00 $16,000.00 $8,259.84 $66,078.72
10 ControlBuilding EA 3 $4,505.11 $13,515.33 $9,000.00 $27,000.00 $15,238.85 $45,716.55 $5,139.42 $15,418.26 $2,500.00 $7,500.00 $4,7A0.80 $12,722.40
11 DietributionSwitchgeazEncloeure EA 8 $4,505.11 $36,040.88 $14,300.00 $114,400.00 $1,958.68 $15,669.44 $3,554.55 $28,436.40 $2,500.00 $20,000.00 $5,814.00 $46,512.00
12 3/8"EHSStaticwu'einetallation LF 8000 $5.38 $43,067.72 $4.50 $36,000.00 $7.54 $60,320.00 $4.09 $32,720.00 $2.00 $16,000.00 $1.44 $11,520.00
13 138 kV Bue Support EA 180 $170.00 $30,600.76 $800.00 $144,000.00 $927.15 $166,887.00 $566.70 $102,006.00 $600.00 $108,000.00 $444.96 $80,092.80
14 138 kV CT with Stand EA 3 $10,537.79 $31,611.88 $1,800.00 $5,400.00 $3,162.60 $9,487.80 $1,833.61 $5,500.83 $800.00 $2,400.00 $1,586.88 $4,760.64
15 138 kV PT/CCVT with Stand EA 54 $1,0J4.40 $59,097.72 $1,800.00 $97,200.00 $3,209.23 $173,298.42 $1,716.63 $92,698.02 $850.00 $45,900.00 $1,586.88 $85,691.52
16 15kV Bus Support EA 55 $467.51 $25,713.05 $1,800.00 $99,000.00 $1,316.02 $72,381.10 $1,420.70 $78,138.50 $400.00 $22,000.00 $383.04 $21,067.20
17 5"AluminumBuePipe:Inetalled LF 7000 $12.47 $87,268.83 $20.00 $140,000.00 $7A.32 $170,240.00 $16.67 $116,690.00 $18.40 $128,800.00 $24.48 $171,360.00
1S 4"AluminumBuePipe:Inetalled LF 800 $11.83 $9,463.56 $16.00 $12,800.00 $33.27 $26,616.00 $15.50 $12,400.00 $11.20 $8,960.00 $17.28 $13,824.00
19 3"AluminumBuePipe:Inetalled LF 1500 $14.59 $21,888.O�V $14.00 $21,000.00 $23.79 $35,685.00 $14.33 $21,495.00 $7.20 $10,800.00 $13.68 $20,520.00
20 2.5" AlumvmmBue Pipe: Installed LF 1200 $7.79 $9,350.22 $16.50 $19,800.00 $13.83 $16,596.00 $45.04 $54,O�V8.00 $7.20 $8,6{0.00 $10.80 $12,960.00
21 2"AluminumBuePipe:Inetalled LF 1200 $7.79 $9,350.22 $14.00 $16,800.00 $13.83 $16,596.00 $51.47 $61,764.00 $5.20 $6,7A0.00 $7.20 $8,6{0.00
22 FoundationFl EA 12 $11,947.35 $143,368.20 $20,000.00 $7A0,000.00 $33,897.17 $406,766.M $26,032.72 $312,392.64 $19,360.00 $232,320.00 $25,500.00 $306,000.00
23 IncreaseFoundationFlindepthbyl' LF 24 $628.81 $15,091.39 $900.00 $21,600.00 $1,214.75 $29,154.00 $684.33 $16,423.92 $924.00 $22,176.00 $0.00 $0.00
24 DecreaeeFoundationFlindepthbyl' LF 12 -$628.81 -$7,545.69 -$700.00 -$$400.00 -$407.23 -$4,886.76 -$108.78 -$1,305.36 -$924.00 -$11,088.00 $0.00 $0.00
25 FoundationF2 EA 200 $1,060.78 $212,155.38 $2,000.00 $400,000.00 $2,782.34 $556,468.00 $1,684.94 $336,988.00 $3,520.00 $7M,000.00 $700.00 $140,000.00
26 IncreaseFoundationF2indepthbyl' LF 400 $117.86 $47,145.6{ $200.00 $80,000.00 $300.79 $120,316.00 $186.83 $74,732.00 $158.40 $63,360.00 $0.00 $0.00
27 DecreaeeFoundationF2indepthbyl' LF 200 -$117.86 -$23,572.82 -$150.00 -$30,000.00 -$86.77 -$17,354.00 $61.83 $12,366.00 -$158.40 -$31,680.00 $0.00 $0.00
2S FoundationF3 EA 8 $98,348.79 $786,786.28 $100,000.00 $800,000.00 $87,093.07 $696,744.56 $66,824.49 $534,595.92 $115,880.00 $927,M0.00 $65,000.00 $520,000.00
29 FoundationF4 EA 20 $4,871.17 $97,423.33 $9,400.00 $18$000.00 $21,865.41 $437,308.20 $9,269.92 $185,398.40 $8,824.00 $176,480.00 $9,250.00 $185,000.00
30 FoundationFS EA 48 $1,058.86 $50,825.10 $2,000.00 $96,000.00 $2,898.03 $139,105.44 $1,684.94 $80,877.12 $1,760.00 $84,480.00 $1,700.00 $81,600.00
31 IncreaseFoundationFSindepthbyl' LF 96 $117.65 $11,2J4.47 $200.00 $19,200.00 $300.79 $2$875.84 $186.84 $17,936.64 $158.40 $15,206.40 $0.00 $0.00
32 DecreaeeFoundationFSindepthbyl' LF 48 -$117.65 -$5,647.23 -$150.00 -$7,200.00 -$86.77 -$4,16{.96 -$61.83 -$2,967.84 -$158.40 -$7,603.20 $0.00 $0.00
33 FoundationF6 EA 15 $8,797.30 $131,959.50 $14,500.00 $217,500.00 $22,790.93 $341,863.95 $9,J48.91 $149,233.65 $12,760.00 $191,400.00 $10,000.00 $150,000.00
34 IncreaseFoundationF6indepthbyl' LF 30 $488.74 $14,662.17 $750.00 $22,500.00 $1,122.19 $33,665.70 $553.61 $16,608.30 $6{2.40 $19,272.00 $0.00 $0.00
35 Decreaee Foundation F6 in depth by 1' LF 15 -$488.74 -$7,331.08 -$600.00 -$9,000.00 -$347.07 -$5,206.05 -$68.70 -$1,030.50 -$6{2.40 -$9,636.00 $0.00 $0.00
36 Foundation7 EA 6 $$217.95 $49,307.70 $9,000.00 $54,000.00 $1$944.7A $113,665.44 $5,741.03 $34,446.18 $7,920.00 $47,520.00 $7,600.00 $45,600.00
37 Foundation8 EA 6 $10,320.79 $61,921.71 $10,400.00 $62,400.00 $1$944.7A $113,665.44 $7,742.49 $46,454.94 $9,680.00 $58,080.00 $7,600.00 $45,600.00
3S Foundation9 EA 6 $9,428.82 $56,572.89 $9,700.00 $5$200.00 $24,150.79 $144,901.74 $7,766.54 $46,599.24 $8,800.00 $52,800.00 $7,600.00 $45,600.00
39 IncreaseFoundationF7,F8,orF9intotal CY 9 $485.71 $4,371.37 $900.00 $$100.00 $1,255.7A $11,297.16
volumeofconcrete $691.58 $6,224.22 $880.00 $7,920.00 $0.00 $0.00
40 Decreaee Foundation F7, F8, or F9 in total CY 3 -$485.71 -$1,457.12 -$700.00 -$2,100.00 -$254.52 -$763.56
volumeofconcrete -$263.35 -$790.05 -$880.00 -$2,6{0.00 $0.00 $0.00
41 Foundation 10 EA 15 $1,17A.6{ $16,869.54 $2,200.00 $33,000.00 $3,453.35 $51,800.25 $1,868.64 $28,029.60 $880.00 $13,200.00 $1,850.00 $27,750.00
42 InaeaseFoundationFlOindep[hbyl' LF 9 $112.46 $1,012.17 $200.00 $1,800.00 $254.52 $2,290.68 $684.33 $6,158.97 $158.40 $1,425.60 $0.00 $0.00
43 DecreaeeFoundationFlOindepthbyl' LF 3 -$112.46 -$337.39 -$150.00 -$450.00 -$86.77 -$260.31 -$61.83 -$185.49 -$158.40 -$475.20 $0.00 $0.00
44 Bellbottomofpierfoundation-2'-6" EA 60 $678J4 $40,77A.44 $800.00 $4$000.00 $867.68 $52,060.80 $40.08 $2,404.80 $6{0.00 $38,400.00 $0.00 $0.00
45 Bellbottomofpierfoundation-5'-0" EA 9 $2,1J4.26 $19,748.33 $5,000.00 $45,000.00 $1,561.82 $14,056.38 $8,100.88 $72,907.92 $1,280.00 $11,520.00 $0.00 $0.00
46 Bellbottomofpierfoundation-6'-0" EA 9 $4,128.7A $37,154.16 $$000.00 $72,000.00 $2,082.42 $18,741.78 $11,450.00 $103,050.00 $1,280.00 $11,520.00 $0.00 $0.00
47 Foundation for S&C Outdoor Switchgear EA 3 $7,359.31 $22,077.93 $12,000.00 $36,000.00 $2$922.50 $86,767.50 $13,474.36 $40,423.08 $5,570.00 $16,710.00 $9,375.00 $28,125.00
4S Concreteflatworkinetalledper CY 2100 $282.73 $593,733.54 $450.00 $945,000.00 $370.21 $777,441.00 $339.90 $713,790.00 $880.00 $1,848,000.00 $354.17 $743,757.00
49 2" ScherLile 40 PVC Undergt'ound: LF 2700 $5.44 $14,685.18 $11.00 $29,700.00 $21.83 $5$941.00 $24.57 $66,339.00 $4.00 $10,800.00 $7.20 $19,440.00
50 2.5" Schedule 40 PVC Undergt'ound LF 2700 $5.44 $14,685.18 $12.00 $32,400.00 $20.33 $54,891.00 $24.57 $66,339.00 $4.00 $10,800.00 $7.92 $21,384.00
51 3" ScherLile 40 PVC Undergt'ound LF 900 $7.69 $6,917.40 $16.00 $14,400.00 $25.11 $22,599.00 $24.57 $22,113.00 $4.00 $3,600.00 $10.80 $9,720.00
52 4" ScherLile 40 PVC Undergt'ound: LF 6000 $6.70 $40,220.16 $15.00 $90,000.00 $21.78 $130,680.00 $24.57 $147,420.00 $6.00 $36,000.00 $12.24 $73,440.00
Page 1 of 2
Exhibit 1
Initial Unit Prices as Received for RFP #5142
Substation Construction Services
Proposer Can-Fer Uklity Services, LLC EmestP. BreauxElecmical MichelsPower RkeStecbac, LLC R&coNCompa�y UtiliryZir�a-conre ser.lrrc.
Princi al Place of Business GrandPrairie, TX New Iheria, LA Neenah, WI nB. Air7; NC oklnhomaciry, ox RourrdRoc7� TX
Estimated N}�.stYwr EstimatedTotsl NSrstYwr EstimatedTotsl NSrstYwr EstimatedTotsl NSrstYwr EstimatedTotal NSrstYwr EstimatedTotal NSrstYwr EstimatedTotal
Item # Description UOM ���� unit cost Annua� cost unit cost Annua� cost unit cost Annua� cost unit cost Umua� cost unit cost Umua� cost unit cost Umua� cost
Quantity
53 6" ScherLile 40 PVC Underground LF 9000 $8.49 $76,434.60 $24.00 $216,000.00 $22.84 $205,560.00 $43.28 $389,520.00 $46.50 $418,500.00 $13.68 $123,120.00
54 Pull Box for 15kV undergt'ound cable EA 24 $881.57 $21,157.68 $4,000.00 $96,000.00 $2,019.52 $4$468.48 $2,346.65 $56,319.60 $10,000.00 $240,000.00 $3,009.60 $72,230.40
55 PullBoxforundergt'oundcontrolcable EA 6 $859.10 $5,154.60 $3,000.00 $1$000.00 $2,172.80 $13,036.80 $2,112.68 $12,676.08 $5,000.00 $30,000.00 $2,325.60 $13,953.60
56 Manhole: Excavatioq baee prepazatioq EA 3 $4,361.97 $13,085.91 $4,000.00 $12,000.00 $5,038.23 $15,114.69
andbackfill $2,814.60 $8,443.80 $10,000.00 $30,000.00 $1,799.60 $3,898.80
57 Groundgridinetalled LF 36000 $5.25 $18$886.93 $6.50 $234,000.00 $5.77 $207,720.00 $6.54 $235,440.00 $3.08 $110,880.00 $10.08 $362,880.00
SS Rockhenc}ung adder for inetalling gt'ound LF 1200 $1.71 $2,046.36 $13.00 $15,600.00 $52.7A $62,688.00 $8.83 $10,596.00 $50.00 $60,000.00 $18.72 $22,464.00
59 Groundrodinetalledinaveragetypeeof EA 600 $112.J4 $67,76{.39 $120.00 $72,000.00 $125.82 $75,492.00
soil $192.34 $115,404.00 $30.00 $18,000.00 $41.04 $24,624.00
60 Groundrodinstalledinrock EA 60 $384.19 $23,051.61 $240.00 $14,400.00 $428.12 $25,687.20 $251.10 $15,066.00 $40.00 $2,400.00 $82.08 $4,924.80
61 Gate or fence poet gt'ounding EA 54 $118.17 $6,380.J4 $230.00 $12,420.00 $99.14 $5,353.56 $354.26 $19,130.04 $30.00 $1,620.00 $24.48 $1,321.92
6Z Precas[ conaete base for pad mounted EA 18 $212.51 $3,825.09 $600.00 $10,800.00 $666.40 $11,995.20
15kV awitchee $467.94 $8,422.92 $1,000.00 $18,000.00 $684.00 $12,312.00
63 Place 1200 amp, 15kV, outdoor S&C EA 3 $708.35 $2,125.05 $1,200.00 $3,600.00 $12,972.25 $3$916.75 $1,871.78 $5,615.34 $20,000.00 $60,000.00 $3,009.60 $9,028.80
64 OverheadAreaLightlnstalled EA 24 $1,465.36 $35,168.55 $400.00 $9,600.00 $1,147.95 $27,550.80 $584.93 $14,038.32 $400.00 $9,600.00 $273.60 $6,566.40
65 Excavation for other than foundatione, CY 270 $35.42 $9,562.74 $30.00 $$100.00 $32.39 $8,745.30
concreteflatworkandconduit $29.25 $7,897.50 $200.00 $54,000.00 $41.04 $11,080.80
66 Futal gt'ading and compaction SY 1500 $3.83 $5,737.65 $1.50 $2,250.00 $2.60 $3,900.00 $3.22 $4,830.00 $3.00 $4,500.00 $13.68 $20,520.00
67 Spoil removal and diepoeal (as needed) CY 450 $30.67 $13,800.15 $16.00 $7,200.00 $20.82 $9,369.00 $15.60 $7,020.00 $20.00 $9,000.00 $200.00 $90,000.00
6S Cruehed rock Provide, place and compact CY 18000 $49.13 $884,390.71 $66.00 $1,18$000.00 $54.37 $97$660.00
to 6" final depth $57.05 $1,026,900.00 $41.78 $752,M0.00 $48.64 $875,520.00
69 InstallFrenchdrain LF 600 $15.81 $9,485.6{ $31.00 $1$600.00 $23.14 $13,884.00 $28.73 $17,238.00 $12.80 $7,680.00 $6.00 $3,600.00
Install final epan of tranemieeion conductor
70 into the etation- 19269 kaml ACSS/TW EA 6 $26,775.67 $160,653.99 $11,000.00 $66,000.00 $10,311.63 $61,869.78
Cumberlandconductor. $4,094.52 $7A,567.12 $12,000.00 $72,000.00 $8,618.40 $51,710.40
Install hanemieeion conductor into the
71 etation-959.6kam1ACSS/TWSuwannee EA 6 $24,438.11 $146,628.66 $9,000.00 $54,000.00 $9,066.6{ $54,399.84
conductor. $3,509.59 $21,057.54 $10,000.00 $60,000.00 $6,976.80 $41,860.80
�Z Install hanemieeion elrield wire v�to the EA 6 $1,416.70 $$500.20 $2,000.00 $12,000.00 $6,576.67 $39,460.02
etation-3/8" EHS guy ehand. $1,052.88 $6,317.28 $3,000.00 $18,000.00 $7,387.20 $44,323.20
Install futal epan of tranemieeion elrield
73 wire intotheetation-0.691"diameter EA 6 $2,125.06 $12,750.33 $3,500.00 $21,000.00 $7,199.17 $43,195.02
OPGW (AFT, DNO 8168). $1,286.85 $7,721.10 $4,000.00 $7A,000.00 $6,908.40 $41,450.40
74 Insta]IgeOgiidmateIial SY 3000 $3.83 $11,475.30 $3.25 $9,750.00 $13.88 $41,640.00 $12.87 $38,610.00 $4.00 $12,000.00 $27.20 $81,600.00
Es[ima[edMnualTo[al $4,901,743.80 $ 7,043,570.00 $8,294,955.12 $6,533,145.31 $7,883,167.60 $5,452,004.48
Page 2 of 2
Exhibit 2
Evaluation Summary for RFP #5142
Substation Construction Services
Estimated Evaluation
Time to
Vendor Vendor Location Mobilize Probable Proposal Timeframe Price Rank
(days) Performance Quality �10 Pts) (60 pts) Total Points
(25 pts) (5 pts)
Can-Fer Utility Services, LLC Grand Prairie, TX 30 25.00 5.00 8.00 60.00 98.00 1
Utility Lines Construction Services, Inc. Round Rock, TX 14 15.00 5.00 9.00 53.42 82.42 2
Pike Electric, LLC Mt. Airy, NC 14 20.00 5.00 7.00 45.59 77.59 3
Ernest P. Breaux Electrical Inc. New Iberia, LA 15 20.00 5.00 10.00 41.92 76.92 4
Re-Con Oklahoma City, OK 30 25.00 5.00 9.00 37.26 76.26 5
Michels Power Neenah, WI 30 20.00 5.00 10.00 35.95 70.95 6
E�ibit 3
Final Unit Prices & Estimated Contract Amount for RFP #S 142
Substation Construction Services
Can-Fer Utility Services, LLC, G'rand Prairie, TX
Estimated
Item # Structure UOM Annual Unit Price Estimated First Year
Quantity
Cost
1 Mobilizaiion LS 3 $12,75032 $38,250.96
2 138 I�V Brealcer installed EA 24 $3,977.67 $95,464.05
3 138 I�V High Bus Switch and Stand EA 36 $2,670.48 $96,137.40
4 138 I�V Low Bus Switch and Stand EA 30 $2,245.47 $67,364.19
5 SubsCitute Motor Operator for manual operator EA 6 $1,062.53 $6,375.15
6 138 I�V Transmission Talceoff Structure EA 8 $4,278.44 $34,227.52
7 Consti�uct Transmission Talceoff Sti�ucture:jumpers STR 18 $1,208.00 $21,744.00
8 65' Staiic Mast EA 12 $1,255.20 $15,06237
9 1381cV - 15 I�V Transformer EA 8 $1,905.47 $15,243.72
10 Control Building EA 3 $4,505.11 $13,51533
11 Distribuiion S��itchgear Enclosure EA 8 $4,505.11 $36,040.88
12 3/8" EHS Staiic wire installaiion LF 8000 $538 $43,067.72
13 1381cV Bus Support EA 180 $170.00 $30,600.76
14 1381cV CT with Stand EA 3 $2,595.70 $7,787.10
15 1381cV PT/CCVT with Stand EA 54 $2,418.57 $130,602.78
16 15kV Bus Support EA 55 $467.51 $25,713.05
17 5" Aluminum Bus Pipe: Installed LF 7000 $12.47 $87,268.83
18 4" Aluminum Bus Pipe: Installed LF 800 $11.83 $9,463.56
19 3" Aluminum Bus Pipe: Installed LF 1500 $14.59 $21,888.04
20 2.5" Aluminum Bus Pipe: Installed LF 1200 $7.79 $9,350.22
21 2" Aluminum Bus Pipe: Installed LF 1200 $7.79 $9,350.22
22 Foundaiion Fl EA PIER 12 $11,94735 $143,368.20
23 Increase FoundaCion F1 in depth by 1' increments LF 24 $628.81 $15,09139
24 Decrease FoundaCion F1 in depth by 1' increments LF 12 -$628.81 -$7,545.69
25 Foundaiion F2 EA 200 $1,060.78 $212,15538
26 Increase FoundaCion F2 in depth by 1' increments LF 400 $117.86 $47,145.64
27 Decrease FoundaCion F2 in depth by 1' increments LF 200 -$117.86 -$23,572.82
28 Foundaiion F3 EA 8 $98,348.29 $786,786.28
29 Foundaiion F4 EA 20 $4,871.17 $97,42333
30 Foundaiion FS EA 48 $1,058.86 $50,825.10
31 Increase FoundaCion FS in depth by 1' increments LF 96 $117.65 $11,294.47
32 Decrease FoundaCion FS in depth by 1' increments LF 48 -$117.65 -$5,647.23
33 Foundaiion F6 EA 15 $8,79730 $131,959.50
34 Increase FoundaCion F6 in depth by 1' increments LF 30 $488.74 $14,662.17
35 Decrease FoundaCion F6 in depth by 1' increments LF 15 -$488.74 -$7,331.08
36 Foundaiion 7 EA 6 $8,217.95 $49,307.70
37 Foundaiion 8 EA 6 $10,320.29 $61,921.71
38 Foundaiion 9 EA 6 $9,428.82 $56,572.89
39 Increase FoundaCion F7, F8, or F9 in total volume of concrete CI 9 $485.71 $4,37137
40 Decrease FoundaCion F7, F8, or F9 in total volume of concrete CI 3 -$485.71 -$1,457.12
41 Foundaiion 10 EA 15 $1,124.64 $16,869.54
42 Increase FoundaCion F10 in depth by 1' increments LF 9 $112.46 $1,012.17
43 Decrease FoundaCion F10 in depth by 1' increments LF 3 -$112.46 -$33739
44 Bell bottom of pier foundaCion - 2'-6" diameter EA 60 $678.74 $40,724.44
45 Bell bottom of pier foundaCion - 5'-0" diameter EA 9 $2,194.26 $19,74833
46 Bell bottom of pier foundaCion - 6'-0" diameter EA 9 $4,128.24 $37,154.16
47 Foundaiion for S&C Outdoor Switchgear EA 3 $7,35931 $22,077.93
Page 1 of 3
E�ibit 3
Final Unit Prices & Estimated Contract Amount for RFP #S 142
Substation Construction Services
Can-Fer Utility Services, LLC, G'rand Prairie, TX
Estimated
Item # Structure UOM Annual Unit Price Estimated First Year
Quantity
Cost
48 Concrete flatworlc installed per speci�icaiion and drawings CI 2100 $282.73 $593,733.54
49 2" Schedule 40 PVC L?nderground: LF 2700 $5.44 $14,685.18
50 2.5" Schedule 40 PVC L?nderground LF 2700 $5.44 $14,685.18
51 3" Schedule 40 PVC L?nderground LF 900 $7.69 $6,917.40
52 4" Schedule 40 PVC L?nderground: LF 6000 $6.70 $40,220.16
53 6" Schedule 40 PVC L?nderground LF 9000 $8.49 $76,434.60
54 Pull Bol for 151cV underground cable EA 24 $2,204.49 $52,907.76
55 Pull Bol for underground control cable EA 6 $1,718.64 $10,311.84
56 Manhole: ElcavaCion, base preparaCion, and bacic�ill EA 3 $4,361.97 $13,085.91
57 Ground grid installed LF 36000 $5.25 $188,886.93
58 Rocic trenching adder for installing ground grid in solid LF 1200 $5.97 $7,164.00
59 Ground rod installed in average tyTpes of soil EA 600 $112.94 $67,76439
60 Ground rod installed in rock EA 60 $384.19 $23,051.61
61 Gate or fence post grounding EA 54 $118.17 $6,380.94
62 Precast concrete base for pad mounted 151cV switches EA 18 $425.12 $7,652.16
63 Place 1200 amp, 151cV, outdoor S&C switchgear on foundaiion EA 3 $1,062.80 $3,188.40
64 Overhead Area Light Installed EA 24 $317.06 $7,609.44
65 Elcavaiion for other than foundaCions, concrete flatworlc and CI 270 $35.42 $9,562.74
conduit
66 Final grading and compacCion SI 1500 $3.83 $5,737.65
67 Spoil removal and disposal (as needed) CI 450 $30.67 $13,800.15
68 Crushed rocic: Provide, place and compact to 6" �inal depth CI 18000 $49.13 $884,390.71
69 Install French drain LF 600 $15.81 $9,485.64
�� Install �inal span of transmission conductor into the staiion - EA 6 $26,775.67 $160,653.99
1926.9 kcmil ACSS/T�" Cumberland conductor. � �
71 Install �inal span of transmission conductor into the staiion - 959.6 EA 6 $24,438.11 $146,628.66
kcmil ACSS/T�' Suwannee conductor. � �
72 Install �inal span of transmission shield wire into the staiion - 3/8" EA 6 $1,416.70 $8,500.20
EHS uv strand. � �
73 Install �inal span of transmission shield wire into the staiion - EA 6 $2,125.06 $12J�033
0.691" diameter OPG�' �aFL DNO 8168 . � �
74 Install geogrid material SI 3000 $3.83 $11,47530
75 Installaiion of Formed and Poured Concrete Retaining �'all - 4' CI 50 $1,318.00 $65,900.00
Hei lt
76 GEN. SL?PERINTENDENT * Hour 20 $129.99 $2,599.80
77 PROJECT MANAGER * Hour 20 $116.99 $2,339.82
78 SAFETI MANAGER * Hour 20 $9533 $1,906.52
79 PROJECT ENGINEER * Hour 20 $86.66 $1,733.20
80 PROJ. SL?PT/G.F. * Hour 20 $123.49 $2,469.81
81 FOREMAN ** Hour 20 $65.00 $1,299.90
82 APPRENTICE ** Hour 20 $39.00 $779.94
83 �'ELDER ** Hour 20 $125.66 $2,513.14
84 �'ELDER HELPER ** Hour 20 $54.16 $1,083.25
85 OPERATOR-HEAVI EQL?IP. ** Hour 20 $58.50 $1,169.91
86 CARPENTER-LEAD ** Hour 20 $52.00 $1,039.92
87 CARPENTER ** Hour 20 $41.16 $823.27
88 LABORER-SI�ILLED ** Hour 20 $36.83 $736.61
89 LABORER-COMMON ** Hour 20 $34.66 $693.28
90 �'atson 1100 Drill Rig 41,600 ft*Ibs �'eelc 1 $9,472.50 $9,472.50
Page 2 of 3
E�ibit 3
Final Unit Prices & Estimated Contract Amount for RFP #S 142
Substation Construction Services
Can-Fer Utility Services, LLC, G'rand Prairie, TX
Estimated
Item # Structure UOM Annual Unit Price Estimated First Year
Quantity
Cost
91 20-22 Hvdraulic Crane �'eek 1 $3,541.25 $3,541.25
92 PC 220 Tracichoe �'eelc 1 $4,437.50 $4,437.50
93 580 Backhoe �'eelc 1 $1,171.25 $1,171.25
94 D37E Dozer �'eelc 1 $1,978.75 $1,978.75
95 SA200 �'elder �'eelc 1 $343.75 $343.75
96 SI-ti�tracic �'eelc 1 $1,721.25 $1,721.25
97 Picicup Trucic �'eelc 1 $497.50 $497.50
98 Boom Lift - 40' �'eek 1 $1,653.00 $1,653.00
99 Boom Lift - 60' �'eek 1 $2,499.00 $2,499.00
100 Portable Generator �'eek 1 $361.25 $361.25
101 Pump, �'ater (Gas) 3/4"-3" �'eek 1 $280.50 $280.50
102 Trailer - Of�ice/Tool - 8'130' �'eelc 1 $158.75 $158.75
Estimated lst Year Cost �5,101,967.63
Estimated 2nd Year Cost $5,255,026.66
Estimated 3rd Year Cost �5,412,677.46
Contingency Amount (5%) $788,483.59
Total $16,558,155.34
Reeommended Contraet Amount $16,560,000.00
* Overtime (1.5 x Base) occurs after 40 hours per week. Per Diem is $150.00 per day.
** Overtime (1.5 x Base) occurs after 40 hours per week. Per Diem is $100.00 per day.
Page 3 of 3
�7i117[�!
PUBLIC UTILITIES BOARD AGENDA ITEM #1
AGENDA INFORMATION SHEET
AGENDA DATE: January 28, 2013
DEPARTMENT: Utilities
UTILITIES ACM: Howard Martin, Utilities, 349-8232 �
SUBJECT
Consider recommending approval of a contract with Can-Fer Constniction for procurement of
substation constniction services in an amount not to exceed $16,560,000 (RFP #5142)
BACKGROUND
Denton Municipal Electric (DME) has 12 substation projects approved in its Capital
Improvement Plan. In planning for constniction of multiple substations, DME has stnictured
designs into standard units that can be used in almost any application. Use of standard units
malces it possible to obtain contracts for purchase of materials and equipment ahead of the actual
design for each station. Procurement contracts have been arranged for a major portion of the
equipment and material that will be required to constnict the stations. Standardizing and
unitizing the design also malces it possible to procure constniction services for multiple stations
in advance. RFP #5142 was stnictured to obtain a variety of unit prices for all aspects of
substation constniction work that could be used for multiple projects over time for different
station configtirations. Site plans for three stations have been included as Exhibit 4 to illustrate
how the standard design units have been employed to effect different designs.
The RFP was advertised in accordance with Materials Management procedures. Six proposals
were received. The unit prices from the proposals are listed in Exhibit 3 along with the
quantities that were used for evaluation. Members of the RFP evaluation team were Karen
Smith, Chuck Sears, Laura Cheek, and Chris Lutrick. DME has had actual constniction
experience with Can-Fer, EP Breaux, and Re-Con, all of which performed well. Exhibit 3 shows
that Can-Fer presented the proposal with the lowest evaluated cost. The proposals were initially
examined for content. Exhibit 1 is a summary of the data and initial evaluation. Can-Fer
received the best point score from the initial evaluation. Subsequent to the initial evaluation, a
discussion was conducted with Can-Fer to insure that all items were understood by both parties
as to content, concerns, and unit prices. Pursuant to the discussion, Can-Fer was offered an
opportunity to malce final adjustments to their proposal and to include suggestions for any
additional units they wished to suggest for inclusion in the contract. Exhibit 2 shows the final
proposal from Can-Fer. As a result of the discussion, several units were adjusted to allow better
accounting for quantities and to add flexibility in stnict�iring the worlc. Can-Fer provided a
revised proposal that better defined several units which resulted in improved equity for both
parties. Unit prices in the revised proposal were evaluated and determined to be reasonable.
The proposal met all specification requirements.
AIS — PUB Agenda Item # 1
January 28, 3013
Page 2 of 3
In substation constniction, even with standard units, there will always be a unique character to
each proj ect that must be addressed. These could be items such as elevation issues, the need for
retaining walls, ground water, weather delays, schedule pressures, special angles in busworlc to
accommodate site configuration, and other items. Hourly items and a 5% contingency have been
included to help address items that could not be anticipated. The RFP included a mechanism for
adjusting unit prices over time based on third party indices. A 3% annual inflation factor has
been added for the second and third years of the agreement to account for possible price changes.
The final projected cost has been rounded up to the nearest $10,000.
The proposed contract will not be exclusive, will not obligate DME to expend any minimum
amount, and can be terminated at any time with notice. Purchase orders will be issued for each
project based on the unit prices and the engineer's estimate of the work required. Consideration
will be given to the contractor's proposed quantities for each job in determining the amount for
the purchase order, but payment will be made based on the actual worlc performed.
OPTIONS
1. Recommend approval.
2. Not recommend approval and direct that other actions be taken.
RECOMMENDATION
DME recommends approval of an annually renewable agreement with Can-Fer Utility Services,
LLC.
ESTIMATED SCHEDULE OF PROJECT
Work will be authorized based on project schedules.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action related to this purchase; however, the proposed purchase is
consistent with project information detailed in CIl' and budget presentations.
DATE SCHEDULED FOR COUNCIL APPROVAL
Febniary 5, 2013
FISCAL INFORMATION
The costs for materials and services purchased under the proposed agreement will be funded out
of amounts budgeted for specific projects. Much of the worlc proposed will be in the
transmission category. These costs for transmission projects will ultimately be recovered
through the Public Utility Commission Transmission Cost of Service Program (TCOS).
AIS — PUB Agenda Item # 1
January 28, 3013
Page 3 of 3
RFP INFORMATION
The RFP information is summarized in Exhibits 1, 2, and 3.
EXHIBITS
1. Initial Evaluation Summary for RFP #5142
2. Unit Prices & Estimated Contract Amount for RFP #5142
3. Initial Unit Prices from RFP #5142
4. Site Plans for Three Stations
Respectfully submitted:
r� a � �./u.�.d.-a-,.,-...ca
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
C,_. ,��,�. �.. � ' -
���..�...w��
Chucic Sears
Transmission Engineering Manager
Denton Municipal Electric
2
-,
�
4
5
6
7
8
9
10
11
12
13
14
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 28, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 28, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present:
Absent:
Chairman Dic1c Smith, Randy Robinson, Barbara Russell, Leonard
Herring and Phil Gallivan
Vice Chair Billy Cheelc and Lilia Bynum
15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
16
17 OPEN MEETING:
18
19
20
21
22
23
24
25
ITEMS FOR INDIVIDUAL CONSIDERATION:
1. Consider recommending approval of a contract with Can-Fer Constniction for procurement
of substation constniction services in an amount not to exceed $16,560,000 (RFP #5142).
Item #1 was pulled by Board Member Gallivan.
26 Gallivan asked if the $16,560,000 is for three substations? Phil Williams, General Manager
27 DME, answered it is actually for twelve. Gallivan then asked for is supplied for $16,560,000.
28 Williams recognized Chucic Sears, Laura Cheelc and Karen Smith for the innovative way they
29 put this RFP out. Last year DME tallced about a$300 million CIP project. Staff lcnew they
30 couldn't continue doing business as usual. Instead of having a RFP for each substation project
31 staff felt like they would get better response if they were all packaged together. It would be
32 more attractive to larger contractors and get better pricing if the program was talcen as a whole.
33 This is a process that staff has done with the distribution projects. That same approach with a lot
34 of work, Sears and Cheek came up with 70 different units. It is modularized so that the pieces
35 can be fit together for different projects. The pricing that staff has received in the past for the
36 substations including R.D. Wells $1.5 million and Fort Worth Substation was $900,000 if these
37 substations are averaged out they will be $1.2 million. Some will be less some more depending
38 on the size. The advantage is putting together one pacicage and it is one contractor that is the
39 most local to DME. There will also be less mobilization cost. This company does worlc for
40 DME all the time and will have very familiar employees. If DME is not satisfied, there will be a
41 way of getting a better team of contractors. If this does not worlc, staff can always go bacic to
42 individual contractors if necessary.
43
44 Gallivan clarified it would be for twelve substations, Williams agreed. Herring stated that
45 this does not include land. Williams stated this is just for constniction, does not include
46 material.
47
Draft Minutes of the Public Utilities Board Meeting
January 28, 2013
Page 2 of 2
1 Smith stated the contractor is committing to a$16, 560,000 price. DME is not making any
2 commitment to timeframe or canceling of the contract. How does that work. Williams
3 answered the advantage they have is inflation that is included in the contract. They also do not
4 have to respond to twelve different RFP's which another advantage is for them. If DME is not
5 satisfied they can call the contractor and tallc about rebidding.
6
7 Smith then asked about the process; there were several bidders and DME decided on
8 CanFer. According to the backup staff went back and gave them an opportunity to make
9 adjustments. This infers that CanFer was chosen and then went back several times and
10 modified things. Is this practice legal? Herring stated there is a contingency in the contract
11 as well for $780,000. Williams agreed that the contingency is for the twelve substations. Sears
12 stated that there are some procurement laws that determine how this is to worlc. On a purchase
13 of this magnitude for constniction, you are allowed to communicate with one vendor and you
14 have to do the negotiations and discussion and come to an agreement or you close deliberations
15 with that company and go to the next company. You have to talce the initial data and ranlc them
16 and select someone to start with. If you cannot malce an agreement with the first one they are off
17 the table permanently and so on. You cannot go bacic to any contractor. Smith asked if the
18 price varies based on the negotiations or is it solid. Sears gave an example of a modification
19 that was made. It basically stays the same amount. There were a few other clarifications
20 regarding the description. There weren't many items that were different. Sears referred to the
21 bacictip with the contractor pricing on it. Gallivan added this was to make sure everyone was
22 on the same page. Sears agreed.
23
24 Herring asked on the bid process, this is for a sealed bid concept. Is there ever a time that
25 staff does a negotiated bid where the bids are open and they leverage one against the other.
26 Sears responded this was not a sealed bid it was a sealed process. It was a request for proposals.
27 We can do a negotiation but there are some constraints on the process. Staff cannot leverage one
28 contractor against the other, other than one at a time. Staff can only tallc to one vendor and arrive
29 at a good position with them or eliminate them. Williams added that on some bids there has
30 been a best and final offer between the top three.
31
32 Gallivan added that someone will have to keep books on each station to see the running
33 cash to see if DME is on track. Sears stated that what they have arranged with the contractor
34 once a final set of plans have been given to them they will price by our standard units and then
35 price by his usual bid methods. Sears stated they went to several other Cities on how to stnicture
36 the RFPs and received good input. Sears believes the lcey is doing a good j ob of stnicturing the
37 units where they are very flexible. Herring added this is a three year contract with an
38 inflation factor and a contingency. Sears agreed. The contingency is more for the contract
39 amount. The units are what will be used. Substations all have a unique character; there will be
40 something that is not anticipated. When this was developed there were four substation projects
41 that needed to be viewed. Staff made sure these standards would worlc for everything in those
42 four units. The contingency allows for those unique characters and stay within the confines of
43 what is aslced to be approved.
44
45 A motion to approve item 1 was made by Board Member Gallivan with a second by Board
46 Member Robinson. The vote was 5-0 approved.
47
48 Adjournment 10:20a.m.
1�7�1:7[�'7
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CAN-FER UTILITY SERVICES, LLC
(RFP 5142)
THIS CONTRACT is made and entered into this day of
2013, by and between Can-Fer Utilitv Services, LLC a limited liability corporation, whose
address is 3340 Rov Orr Blvd, Grand Prairie, TX 75050, hereinafter referred to as "Contractor,"
and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City,
hereinafter referred to as "City," to be effective upon approval of the Denton City Council and
the subsequent execution of this Contract by the Denton City Manager or his duly authorized
designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide constniction services in accordance with the City's RFP # 5142
—Substation Constniction Services, a copy of which is on file at the office of Purchasing Agent
and incorporated herein for all purposes as "Exhibit A". The Contract consists of this written
agreement and the following items which are attached hereto and incorporated herein by
reference:
(a) City of Denton Request for Proposal # 5142 (Exhibit "A")
(b) City of Denton Standard Terms and Conditions (Exhibit "B");
(c) Not Applicable (Exhibit "C");
(d) Insurance Requirements (Exhibit "D");
(e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "E");
(f) Special Terms and Conditions (Exhibit "F");
(g) Contractor's ProposaL (Exhibit "G");
These documents malce up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to this written Contract, and then to the contract documents in the sequential
order in which they are listed above. These documents shall be referred to collectively as
"Contract Documents."
IN WTTNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
RFP 5142
"CONTRACTOR"
:
AUTHORIZED SIGNATLJRE
TYPED NAME:
TITLE:
ATTEST:
I�
PHONE N [_JIVIBER
E-MAIL ADDRES S
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I�
RFP 5142
GEORGE C. CAMPBELL
CITY MANAGER
EXHIBIT B
CITY OF DENTON STANDARD TERMS AND CONDITIONS
These standard Terms and Conditions and the Terms and Conditions contained in the
specification, drawings and other requirements included in this City of Denton's solicitation are
applicable to Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as
the City or Buyer and the Seller herein after referred to as the Proposer, Contractor or Supplier.
Any deviations must be in writing and signed by a representative of the City's Procurement
Department and the Supplier. No Terms and Conditions contained in the Seller's proposal
response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a
conflict between the provisions in these standard Terms and Conditions, those in the Contract,
those on the Purchase Order, or those contained in the specification, the more restrictive
provisions shall talce precedence.
By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract
shall be governed by the following terms and conditions, unless exceptions are duly noted and
fully negotiated.
1. CONTRACTOR' S OBLIGATIONS.
The Contractor shall fully and timely provide all deliverables described in the Solicitation and in
the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the
Contract and all applicable Federal, State, and local laws, niles, and regtilations.
2. EFFECTIVE DATE/TERM.
Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the
contract is signed by the City, and shall continue in effect until all obligations are performed in
accordance with the Contract.
3. Deleted
4. Deleted
5. TITLE & RISK OF LOSS:
Title to and rislc of loss of the deliverables shall pass to the City only when the City actually
receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES:
Deliverables shall be priced F.O.B. point of delivery unless otherwise specified in the
Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price
shall be deemed to include all delivery and transportation charges. The place of delivery shall be
determined.
RFP 5142
7. RIGHT OF INSPECTION AND REJECTION:
The City expressly reserves all rights under law, including, but not limited to the Uniform
Commercial Code, to inspect the deliverables at delivery before accepting them, and to rej ect
defective or non-conforming deliverables. If the City has the right to inspect the Contractor's, or
the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the
Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished,
without additional charge, all reasonable facilities and assistance to the City to facilitate such
inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER:
Every tender or delivery of deliverables must fully comply with all provisions of the Contract as
to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach
and the Contractor shall not have the right to substitute a conforming tender; provided, where the
time for performance has not yet expired, the Contractor may notify the City of the intention to
cure and may then make a conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK:
The City shall provide the Contractor access to the site where the Contractor is to perform the
services as required in order for the Contractor to perform the services in a timely and efficient
manner and in accordance with, and subject tq the applicable security laws, niles, and
regtilations. The Contractor acicnowledges that it has satisfied itself as to the nature of the City's
service requirements and specifications, the location and essential characteristics of the worlc
site, the quality and quantity of materials, equipment, labor and facilities necessary to perform
the services, and any other condition or state of fact which could in any way affect performance
of the Contractor's obligations under the contract. The Contractor hereby releases and holds the
City harmless from and against any liability or claim for damages of any lcind or nature if the
actual site or service conditions differ from expected conditions.
10. WORI�FORCE:
A. The Contractor shall employ only orderly and competent worlcers, slcilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property:
i. use or possess a firearm, including a concealed handgtin that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal dnigs or controlled
substances, nor may such worlcers be intoxicated, or under the influence of alcohol or
dnigs, on the job.
C. If the City or the City's representative notifies the Contractor that any worlcer is incompetent,
disorderly or disobedient, has lcnowingly or repeatedly violated safety regtilations, has possessed
any firearms, or has possessed or was under the influence of alcohol or dnigs on the job, the
RFP 5142
Contractor shall immediately remove such worlcer from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment
verification and retention of verification forms for any individuals hired on or after November 6,
1986, who will perform any labor or services under the Contract and the lllegal Immigration
Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996.
ll. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS:
The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all
applicable federal, state, and local health, safety, and environmental laws, ordinances, niles and
regulations in the performance of the services, including but not limited to those promulgated by
the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict,
the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the
City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties
and liability of every lcind arising from the breach of the Contractor's obligations under this
paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable
standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U. S.C.
§7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et
seq. ).
12. Deleted
13. PAYMENT:
A. All proper invoices need to be sent to The City of Denton, Texas, Accounts Payable.
Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the
deliverables or of the invoice being received in Accounts Payable, whichever date is later.
B. If payment is not timely made (per paragraph A); interest shall accnie on the unpaid balance
at the lesser of the rate specified in Texas Government Code Section 2251.025; except, if
payment is not timely made for a reason for which the City may withhold payment hereunder,
interest shall not accnie until ten (10) calendar days after the grounds for withholding payment
have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for
the partial shipment or delivery, as stated above, provided that the invoice matches the shipment
or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is required
to provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors, which
RFP 5142
is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the time
specified in the Contract, and that the unpaid balance would not be adequate to cover
actual or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by checic unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this Contract is dependent upon the availability of funding.
The City's payment obligations are payable only and solely from funds that are appropriated and
available for this Contract. The absence of appropriated or other lawfully available funds shall
render the Contract null and void to the extent funds are not appropriated or available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractor written notice of the failure of the City to malce an adequate appropriation for any
fiscal year to pay the amounts due under the Contract, or the reduction of any appropriation to an
amount insufficient to permit the City to pay its obligations under the Contract. In the event of
none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to
the City.
14. TRAVEL EXPENSES:
All travel, lodging and per diem expenses in connection with the Contract shall be paid by the
Contractor, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar day after
completion of all worlc under the contract. Final payment, retainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The malcing and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective worlc
appearing after final inspection, (3) arising from failure of the Contractor to comply with
the Contract or the terms of any warranty specified herein, (4) arising from the
Contractor's continuing obligations under the Contract, including but not limited to
indemnity and warranty obligations, or (5) arising under the City's right to audit; and
ii. a waiver of all claims by the Contractor against the City other than those previously
asserted in writing and not yet settled.
RFP 5142
16. SPECIAL TOOLS & TEST EQUIPMENT:
If the price stated on the Offer includes the cost of any special tooling or special test equipment
fabricated or required by the Contractor for the purpose of filling this order, such special tooling
equipment and any process sheets related thereto shall become the property of the City and shall
be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and malce copies of the boolcs, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and
other evidence pertaining to the Contract period and five years thereafter, except if an audit is
in progress or audit findings are yet unresolved, in which case records shall be lcept until all
audit taslcs are completed and resolved. These boolcs, records, documents and other evidence
shall be available, within ten (10) business days of written request. Further, the Contractor
shall also require all Subcontractors, material suppliers, and other payees to retain all boolcs,
records, documents and other evidence pertaining to the Contract, and to allow the City
similar access to those documents. All boolcs and records will be made available within a 50
mile radius of the City of Denton. The cost of the audit will be borne by the City unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs,
the reasonable cost of the audit, including any travel costs, must be borne by the Contractor
which must be payable within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of
the terms "boolcs", "records", "documents" and "other evidence", as used above, shall be
constnied to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the
Contractor shall comply with all requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor's Plan. The
Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute
has been accepted by the City in writing. No acceptance by the City of any Subcontractor
shall constitute a waiver of any rights or remedies of the City with respect to defective
deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is
additionally required to submit a monthly Subcontract Awards and Expenditures Report to
the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict
with the terms of the Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without
the prior written consent of the City and the Contractor. The City may require, as a
RFP 5142
condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including any
claims for additional payments, damages or otherwise, to the Contractor in sufficient time
to enable the Contractor to include same with its invoice or application for payment to the
City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their contract,
insurance in the type and amounts specified for the Contractor, with the City being a
named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent as
the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for lilce deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's
current prices on orders by others for lilce deliverables under similar terms of purchase.
20. WARRANTY — TITLE:
The Contractor warrants that it has good and indefeasible title to all deliverables furnished under
the Contract, and that the deliverables are free and clear of all liens, claims, security interests and
encumbrances. The Contractor shall indemnify and hold the City harmless from and against all
adverse title claims to the deliverables.
21. WARRANTY — DELIVERABLES:
The Contractor warrants and represents that all deliverables sold the City under the Contract
shall be free from defects in design, worlcmanship or manufacture, and conform in all material
respects to the specifications, drawings, and descriptions in the Solicitation, to any samples
furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all
applicable State, Federal or local laws, niles, and regtilations, and industry codes and standards.
Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled
merchandise, and not used or reconditioned.
RFP 5142
A. Only new materials shall be used for this project.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least 12 months
from the date of acceptance of the deliverables or from the date of acceptance of any
replacement deliverables. If during the warranty period, one or more of the above warranties
are breached, the Contractor shall promptly upon receipt of demand either repair the non-
conforming deliverables, or replace the non-conforming deliverables with fully conforming
deliverables, at the City's option and at no additional cost to the City. All costs incidental to
such repair or replacement, including but not limited tq any packaging and shipping costs
shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor
written notice of the breach of warranty within thirty (30) calendar days of discovery of the
breach of warranty, but failure to give timely notice shall not impair the City's rights under
this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City
may reduce the quantity of deliverables it may be required to purchase under the Contract
from the Contractor, and purchase conforming deliverables from other sources. In such
event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred
by the City to procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's
warranty to the City. If for any reason the manufacturer's warranty cannot be fully
transferred to the City, the Contractor shall assist and cooperate with the City to the fullest
extent to enforce such manufacturer's warranty for the benefit of the City.
22. WARRANTY — SERVICES:
The Contractor warrants and represents that all services to be provided the City under the
Contract will be fully and timely performed in a good and worlcmanlilce manner in accordance
with generally accepted industry standards and practices, the terms, conditions, and covenants of
the Contract, and all applicable Federal, State and local laws, niles or regtilations.
A. Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied
by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least for a
minimum period of 18 months following proj ect completion or 12 months from the date the
station constniction is accepted by the Owner. If during the warranty period, one or more of
the above warranties are breached, the Contractor shall promptly upon receipt of demand
perform the services again in accordance with above standard at no additional cost to the
City. All costs incidental to such additional performance shall be borne by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty
within thirty (30) calendar days of discovery of the breach warranty, but failure to give
timely notice shall not impair the City's rights under this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other a�ailable remedy, the City may
RFP 5142
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City
to procure such services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES:
If, instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City's evaluation of and
determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to final payment, the City may deduct such amounts as are necessary to compensate
the City for the diminished value of the defective or non-conforming deliverables. If the
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
24. RIGHT TO ASSURANCE:
Whenever one party to the Contract in good faith has reason to question the other party's intent
to perform, demand may be made to the other party for written assurance of the intent to
perform. In the event that no assurance is given within the time specified after demand is made,
the demanding party may treat this failure as an anticipatory repudiation of the Contract.
25. STOP WORK NOTICE:
The City may issue an immediate Stop Work Notice in the event the Contractor is observed
performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner
that is determined by the City to be unsafe to either life or property. Upon notification, the
Contractor will cease all worlc until notified by the City that the violation or unsafe condition has
been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the
issuance of such Stop Worlc Notice.
26. DEFAULT:
The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely
and faithfully perform any of its material obligations under the Contract, (b) fails to provide
adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seelcs relief
under the banlcniptcy laws of the United States or (d) makes a material misrepresentation in
Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE:
In the event of a default by the Contractor, the City shall have the right to terminate the Contract
for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the
date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or
provides evidence sufficient to prove to the City's reasonable satisfaction that such default does
RFP 5142
not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall
be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a
result of the Contractor's default, including, without limitation, cost of cover, reasonable
attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful
rate. Additionally, in the event of a default by the Contractor, the City may remove the
Contractor from the City's vendor list for three (3) years and any Offer submitted by the
Contractor may be disqualified for up to three (3) years. All rights and remedies under the
Contract are cumulative and are not exclusive of any other right or remedy provided by law.
28. TERMINATION WITHOUT CAUSE:
The City shall have the right to terminate the Contract, in whole or in part, without cause any
time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination,
the Contractor shall promptly cease all further work pursuant to the Contract, with such
exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the
extent of funds appropriated or otherwise legally available for such purposes, for all goods
delivered and services performed and obligations incurred prior to the date of termination in
accordance with the terms hereof.
29. FRAUD:
Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to
be submitted by the Contractor to the City shall be grounds for the termination of the Contract
for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the
work under the Contract, the City and the Contractor shall negotiate an equitable adjustment
for costs incurred by the Contractor in the Contract price and execute an amendment to the
Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar
days from the date of receipt of the notice of delay. Failure to agree on any adjusted price
shall be handled under the Dispute Resolution process specified in paragraph 49. However,
nothing in this provision shall excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God,
fire, riots, civil commotion, labor disniptions, sabotage, sovereign conduct, or any other
cause beyond the reasonable control of such Party. In the event of default or delay in contract
performance due to any of the foregoing causes, then the time for completion of the services
will be extended; provided, however, in such an event, a conference will be held within three
(3) business days to establish a mutually agreeable period of time reasonably necessary to
overcome the effect of such failure to perform.
3 L INDEMNITY:
A. Definitions:
RFP 5142
"Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
mechanism, including attorney and other professional fees for: (1) damage to or loss of the
property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worlcer's compensation, loss of services, or loss of income or wages to any
person (including but not limited to the agents, officers and employees of the City, the
Contractor, the Contractor's subcontractors, and third parties),
ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence,
willful misconduct or a breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST
ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR,
OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN
THE PERFORMANCE OF THE CONTRACTOR' S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS
OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO,
THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO
MAY BE LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE:
The following insurance requirements are applicable, in addition to the specific insurance
requirements detailed in Attachment A. The successful firm shall procure and maintain insurance
of the types and in the minimum anlounts acceptable to the City of Denton. The insurance shall be
written by a company licensed to do business in the State of Texas and satisfactory to the City of
Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and
agreed tq as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverages and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of Insurance
to the City whenever a previously identified policy period has expired, or an extension
option or hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence worlc until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City
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shall not relieve or decrease the liability of the Contractor hereunder and shall not be
constnied to be a limitation of liability on the part of the Contractor.
iv. The Contractor must subnut certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing worlc on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by companies
licensed to do business in the State of Texas at the time the policies are issued and shall be
written by companies with A.M. Best ratings of B+VII or better. The City will accept
worlcers' compensation coverage written by the Texas Worlcers' Compensation Insurance
Fund.
vi.All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton, Texas
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other insurance" clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts
specified. If Excess Liability Insurance is provided, it shall follow the form of the primary
coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense,
to review certified copies of policies and endorsements thereto and may malce any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by
law or regtilations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to malce reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and pnident by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to
lapse during the term of the Contract or as required in the Contract.
xii.The Contractor shall be responsible for premiums, deductibles and self-insured retentions,
if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on
the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
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coverage's indicated within the Contract.
xiv. The insurance coverages specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instnlment.
33. CLAIMS:
If any claim, demand, suit, or other action is asserted against the Contractor which arises under
or concerns the Contract, or which could have a material adverse affect on the Contractor's
ability to perform thereunder, the Contractor shall give written notice thereof to the City within
ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state
the date of notification of any such claim, demand, suit, or other action; the names and addresses
of the claimant(s); the basis thereof; and the name of each person against whom such claim is
being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City
and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215
East McKinney Street, Denton, Texas 76201.
34. NOTICES:
Unless otherwise specified, all notices, requests, or other communications required or
appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered
upon receipt by the addressee. Routine communications may be made by first class mail, telefax,
or other commercially accepted means. Notices to the Contractor shall be sent to the address
specified in the Contractor's Offer, or at such other address as a party may notify the other in
writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas
76209 and marlced to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL:
All material submitted by the Contractor to the City shall become property of the City upon
receipt. Any portions of such material claimed by the Contractor to be proprietary must be
clearly marlced as such. Determination of the public nature of the material is subject to the Texas
Public Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS:
The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City
good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor
in accordance with the specifications in the Contract will not infringe, directly or contributorily,
any patent, trademarlc, copyright, trade secret, or any other intellectual property right of any lcind
of any third party; that no claims have been made by any person or entity with respect to the
ownership or operation of the deliverables and the Contractor does not lcnow of any valid basis
for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the
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City harmless from and against all liability, damages, and costs (including court costs and
reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any
claim that the City's exercise anywhere in the world of the rights associated with the City's'
ownership, and if applicable, license rights, and its use of the deliverables infringes the
intellectual property rights of any third party; or (ii) the Contractor's breach of any of
Contractor's representations or warranties stated in this Contract. In the event of any such claim,
the City shall have the right to monitor such claim or at its option engage its own separate
counsel to act as co-counsel on the City's behalf. Further, Contractor agrees that the City's
specifications regarding the deliverables shall in no way diminish Contractor's warranties or
obligations under this paragraph and the City makes no warranty that the production,
development, or delivery of such deliverables will not impact such warranties of Contractor.
37. CONFIDENTIALITY:
In order to provide the deliverables to the City, Contractor may require access to certain of the
City's and/or its licensors' confidential information (including inventions, employee information,
trade secrets, confidential lcnow-how, confidential business information, and other information
which the City or its licensors consider confidential) (collectively, "Confidential Information").
Contractor acicnowledges and agrees that the Confidential Information is the valuable property of
the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release
of the Confidential Information will substantially injure the City and/or its licensors. The
Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will
maintain the Confidential Information in strict confidence and shall not disclose, disseminate,
copy, divulge, recreate, or otherwise use the Confidential Information without the prior written
consent of the City or in a manner not expressly permitted under this Agreement, unless the
Confidential Information is required to be disclosed by law or an order of any court or other
governmental authority with proper jurisdiction, provided the Contractor promptly notifies the
City before disclosing such information so as to permit the City reasonable time to seelc an
appropriate protective order. The Contractor agrees to use protective measures no less stringent
than the Contractor uses within its own business to protect its own most valuable information,
which protective measures shall under all circumstances be at least reasonable measures to
ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES:
The City shall own all rights, titles, and interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subj ect matter to the City. Further, if requested by the City,
the Contractor agrees to assign and, if necessary, cause each of its employees to assign the
entire right, title, and interest to specific inventions under such patentable subject matter to
the City and to execute, acicnowledge, and deliver and, if necessary, cause each of its
employees to execute, acicnowledge, and deliver an assignment of letters patent, in a form to
be reasonably approved by the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as worlc made-for-hire
by the Contractor for the City and the City shall own all copyrights in and to such
deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole
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or joint ownership of any such deliverables arising by virtue of the City's sole or joint
authorship of such deliverables. Should by operation of law, such deliverables not be
considered worlcs made-for-hire, the Contractor hereby assigns to the City (and agrees to
cause each of its employees providing services to the City hereunder to execute,
acicnowledge, and deliver an assignment to the City of) all worldwide right, title, and interest
in and to such deliverables. With respect to such work made-for-hire, the Contractor agrees
to execute, acicnowledge, and deliver and cause each of its employees providing services to
the City hereunder to execute, acicnowledge, and deliver a worlc-made-for-hire agreement, in
a form to be reasonably approved by the City, to the City upon delivery of such deliverables
to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees tq and if applicable, cause each of its
employees tq execute, acicnowledge, and deliver all applications, specifications, oaths,
assignments, and all other instniments which the City might reasonably deem necessary in
order to apply for and obtain copyright protection, maslc worlc registration, trademarlc
registration and/or protection, letters patent, or any similar rights in any and all countries and
in order to assign and convey to the City, its successors, assigns and nominees, the sole and
exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to
execute, acicnowledge, and deliver (or cause to be executed, acicnowledged, and delivered)
instniments or papers such as those described in this Paragraph 38 a., b., and c. shall continue
after the termination of this Contract with respect to such deliverables. In the event the City
should not seek to obtain copyright protection, mask work registration or patent protection
for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to
treat the same as Confidential Information under the terms of Paragraph 37 above.
39. PUBLICATIONS:
All published material and written reports submitted under the Contract must be originally
developed material unless otherwise specifically provided in the Contract. When material not
originally developed is included in a report in any form, the source shall be identified.
40. ADVERTISING:
The Contractor shall not advertise or publish, without the City's prior consent, the fact that the
City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES:
The Contractor warrants that no person or selling agency has been employed or retained to solicit
or secure the Contract upon any agreement or understanding for commission, percentage,
brolcerage, or contingent fee, excepting bona fide employees of bona fide established commercial
or selling agencies maintained by the Contractor for the purpose of securing business. For breach
or violation of this warranty, the City shall have the right, in addition to any other remedy
available, to cancel the Contract without liability and to deduct from any amounts owed to the
Contractor, or otherwise recover, the full amount of such commission, percentage, brolcerage or
contingent fee.
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42. GRATUITIES:
The City may, by written notice to the Contractor, cancel the Contract without liability if it is
determined by the City that gratuities were offered or given by the Contractor or any agent or
representative of the Contractor to any officer or employee of the City of Denton with a view
toward securing the Contract or securing favorable treatment with respect to the awarding or
amending or the malcing of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the
cost incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS:
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-malcing process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation.
Any willful violation of this section shall constitute impropriety in office, and any officer or
employee gtiilty thereof shall be subject to disciplinary action up to and including dismissal. Any
violation of this provision, with the lcnowledge, expressed or implied, of the Contractor shall
render the Contract voidable by the City. The Contractor shall complete and submit the City's
Conflict of Interest Questionnaire (Attachment G).
44. INDEPENDENT CONTRACTOR:
The Contract shall not be constnied as creating an employer/employee relationship, a
partnership, or a joint venture. The Contractor's services shall be those of an independent
contractor. The Contractor agrees and understands that the Contract does not grant any rights or
privileges established for employees of the City of Denton, Texas for the purposes of income taY,
withholding, social security taxes, vacation or sicic lea�e benefits, worlcer's compensation, or any
other City employee benefit. The City shall not ha�e supervision and control of the Contractor or
any employee of the Contractor, and it is expressly understood that Contractor shall perform the
services hereunder according to the attached specifications at the general direction of the City
Manager of the City of Denton, Texas, or his designee under this agreement.
45. ASSIGNMENT-DELEGATION:
The Contract shall be binding upon and inure to the benefit of the City and the Contractor and
their respective successors and assigns, provided however, that no right or interest in the
Contract shall be assigned and no obligation shall be delegated by the Contractor without the
prior written consent of the City. Any attempted assignment or delegation by the Contractor shall
be void unless made in conformity with this paragraph. The Contract is not intended to confer
rights or benefits on any person, firm or entity not a party hereto; it being the intention of the
parties that there are no third party beneficiaries to the Contract.
46. WAIVER:
No claim or right arising out of a breach of the Contract can be discharged in whole or in part by
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a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor
or the City of any one or more events of default by the other party shall operate as, or be
constnied to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS:
The Contract can be modified or amended only by a writing signed by both parties. No pre-
printed or similar terms on any the Contractor invoice, order or other document shall have any
force or effect to change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION:
The Contract is intended by the parties as a final, complete and exclusive statement of the terms
of their agreement. No course of prior dealing between the parties or course of performance or
usage of the trade shall be relevant to supplement or explain any term used in the Contract.
Although the Contract may have been substantially drafted by one party, it is the intent of the
parties that all provisions be constnied in a manner to be fair to both parties, reading no
provisions more strictly against one party or the other. Whenever a term defined by the Uniform
Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition
shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the
filing of a lawsuit to toll the ninning of a statute of limitations or to seelc injunctive relief.
Either party may malce a written request for a meeting between representatives of each party
within fourteen (14) calendar days after receipt of the request or such later period as agreed
by the parties. Each party shall include, at a minimum, one (1) senior level individual with
decision-malcing authority regarding the dispute. The purpose of this and any subsequent
meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty
(30) calendar days after such meeting, the parties have not succeeded in negotiating a
resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both parties, in which event the
parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirty (30) calendar days, a mediator
trained in mediation slcills to assist with resolution of the dispute. Should they choose this
option; the City and the Contractor agree to act in good faith in the selection of the mediator
and to give consideration to qualified individuals nominated to act as mediator. Nothing in
the Contract prevents the parties from relying on the slcills of a person who is trained in the
subj ect matter of the dispute or a contract interpretation expert. If the parties fail to agree on a
mediator within thirty (30) calendar days of initiation of the mediation process, the mediator
shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP).
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The parties agree to participate in mediation in good faith for up to thirty (30) calendar days
from the date of the first mediation session. The City and the Contractor will share the
mediator's fees equally and the parties will bear their own costs of participation such as fees
for any consultants or attorneys they may utilize to represent them or otherwise assist them in
the mediation.
50. JURISDICTION AND VENUE:
The Contract is made under and shall be governed by the laws of the State of Texas, including,
when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm.
Code, Chapter 1, excluding any nile or principle that would refer to and apply the substantive
law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the
courts of Denton County, Texas and the parties agree to submit to the exclusive personal
jurisdiction of such courts. The foregoing, however, shall not be constnied or interpreted to limit
or restrict the right or ability of the City to seek and secure injunctive relief from any competent
authority as contemplated herein.
51. INVALIDITY:
The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way
affect the validity or enforceability of any other portion or provision of the Contract. Any void
provision shall be deemed severed from the Contract and the balance of the Contract shall be
constnied and enforced as if the Contract did not contain the particular portion or provision held
to be void. The parties further agree to reform the Contract to replace any stricicen provision with
a valid provision that comes as close as possible to the intent of the stricicen provision. The
provisions of this section shall not prevent this entire Contract from being void should a
provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS:
The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanlcsgiving Day
Day After Thanlcsgiving
Christmas Eve (observed)
Christmas Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or worlc performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas or his authorized designee.
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53. SURVIVABILITY OF OBLIGATIONS:
All provisions of the Contract that impose continuing obligations on the parties, including but
not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive
the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or malcing prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal,
State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies
that its firm and its principals are not currently suspended or debarred from doing business with
the Federal Government, as indicated by the General Services Administration List of Parties
Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the
City of Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age,
disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be
otherwise subjected to discrinunation under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements — if applicable)
The following federally funded requirements are applicable, in addition to the specific federally
funded requirements detailed in Attachment B.
A. Definitions. As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end
product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including
transportation costs to the place of incorporation into the end product (whether or not
such costs are paid to a domestic firm), and any applicable duty (whether or not a
duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the
manufacture of the component, including transportation costs as described in
paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.
Cost of components does not include any costs associated with the manufacture of the
end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
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produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or lcind as those that the
agency determines are not mined, produced, or manufactured in sufficient and
reasonably available commercial quantities of a satisfactory quality are treated as
domestic. Scrap generated, collected, and prepared for processing in the United States
is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the
contract for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. l0a - lOd) provides a preference for domestic end
products for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the
articles are on a list approved by another Governmental Agency. The Offeror shall submit
documentation with their Offer demonstrating that the article is on an approved
Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American
Act Certificate".
57. RIGHT TO INFORMATION:
The City of Denton reserves the right to use any and all information presented in any response to
this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of
the submittal does not affect this right.
58. LICENSE FEES OR TAXES:
Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of
Texas, any and all fees and taYes are the responsibility of the respondent.
59. PREVAILING WAGE RATES:
All respondents will be required to comply with Provision 5159a of "Vernon's Annotated Civil
Statutes" of the State of Texas with respect to the payment of prevailing wage rates and
prohibiting discrimination in the employment practices.
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60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS:
The Contractor or Supplier shall comply with all State, Federal, and Local laws and
requirements. The Respondent must comply with all applicable laws at all times, including,
without linutation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery;
(ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to
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public servants. The Respondent shall give all notices and comply with all laws and regulations
applicable to furnishing and performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS:
Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986,
Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form
W-2's to common law employees. Respondent is responsible for both federal and State
unemployment insurance coverage and standard Worker's Compensation insurance coverage.
Respondent shall ensure compliance with all federal and State tax laws and withholding
requirements. The City of Denton shall not be liable to Respondent or its employees for any
Unemployment or Worlcers' Compensation coverage, or federal or State withholding
requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or
losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORI�PLACE:
The Contractor shall comply with the applicable provisions of the Dnig-Free Worlc Place Act of
1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.) and maintain a dnig-free
worlc environment; and the final nile, government-wide requirements for dnig-free worlc place
(grants), issued by the Office of Management and Budget and the Department of Defense (32
CFR Part 280, Subpart F) to implement the provisions of the Dnig-Free Worlc Place Act of 1988
is incorporated by reference and the contractor shall comply with the relevant provisions thereof,
including any amendments to the final nile that may hereafter be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY:
The Respondent shall be liable for all damages to government-owned, leased, or occupied
property and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager
in writing of any such damage within one (1) calendar day.
64. FORCE MAJEURE:
The City of Denton, any Customer, and the Respondent shall not be responsible for performance
under the Contract should it be prevented from performance by an act of war, order of legal
authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the
City of Denton. In the event of an occurrence under this Section, the Respondent will be excused
from any further performance or observance of the requirements so affected for as long as such
circumstances prevail and the Respondent continues to use commercially reasonable efforts to
recommence performance or observance whenever and to whatever extent possible without
delay. The Respondent shall immediately notify the City of Denton Procurement Manager by
telephone (to be confirmed in writing within five (5) calendar days of the inception of such
occurrence) and describe at a reasonable level of detail the circumstances causing the non-
performance or delay in performance.
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65. NON-WAIVER OF RIGHTS:
Failure of a Party to require performance by another Party under the Contract will not affect the
right of such Party to require performance in the future. No delay, failure, or waiver of either
Party's exercise or partial exercise of any right or remedy under the Contract shall operate to
limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a
Party of any breach of any term of the Contract will not be constnied as a waiver of any
continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY:
The Parties expressly agree that no provision of the Contract is in any way intended to constitute
a waiver by the City of Denton of any immunities from suit or from liability that the City of
Denton may have by operation of law.
67. RECORDS RETENTION:
The Respondent shall retain all financial records, supporting documents, statistical records, and
any other records or boolcs relating to the performances called for in the Contract. The
Respondent shall retain all such records for a period of five (5) years after the expiration of the
Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation
matters are resolved, whichever period is longer. The Respondent shall grant access to all boolcs,
records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any
federal governmental entity that has authority to review records due to federal funds being spent
under the Contract.
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EXHIBIT D
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Upon contract execiztion, all insczrance reqczirements shall become contractizal obligations, which the
sczccessfizl contractor shall have a dizty to maintain throizghoizt the coizrse of this contract.
STANDARD PROVISIONS:
Without limiting ccny of the other obligcctions or liccbilities of the Contrccctor, the Contrccctor shccll
pro>>ide ccnd mccintccin until the conte°cccted work hccs been completed ccnd ccccepted by the City of
Denton, (hvner, the minimum insurccnce c��erccge ccs indicccted hereinccfter.
Contrccctor shccll file with the Purchccsing Depccrtment scctisf'ccctoty certificcctes of insurccnce including
ccny ccpplicccble ccddendum or endorsements, contccining the conte°ccct number ccnd title of the project.
Contrccctor mccy, upon written request to the Purchccsing Depccrtment, ccsk for ciccrificcction of ccny
insurccnce requirements cct ccny time; how��er, Contrccctor shccll not commence ccny work or deli>>er ccny
mcctericcl until he or she recei>>es notificcction thcct the contrccct hccs been ccccepted, ccppro>>ed, ccnd signed
by the City of Denton.
All insurccnce policies proposed or obtccined in scctisf'ccction of these requirements shccll comply with the
following generccl specificcctions, ccnd shccll be mccintccined in compliccnce with these generccl
specificcctions throughout the durcction of the Contrccct, or longer, if so noted:
• Each polic�T shall be issued b�T a compan�T authorized to do business in the State of Teias ���ith an
A.M. Best Compan�T rating of at least A- VII or better.
An�T deductibles or self-insured retentions shall be declared in the proposal. If requested b�T the
Cit�T, the insurer shall reduce or eliminate such deductibles or self-insured retentions ���ith respect
to the Cit�T, its off�icials, agents, emplo�Tees and volunteers; or, the contractor shall procure a bond
guaranteeing pa�-ment of losses and related investigations, claim administration and defense
eipenses.
• Liabilit�T policies shall be endorsed to provide the follo���ing:
Name as Additional Insured the Cit�T of Denton, its Officials, Agents, Emplo�Tees and
volunteers.
■ That such insurance is primanT to an�T other insurance available to the Additional Insured
���ith respect to claims covered under the polic�T and that this insurance applies separatel�T
to each insured against ���hom claim is macle or suit is brought. The inclusion of more
than one insured shall not operate to increase the insurer's limit of liabilit�T.
• Cccncellcction: City requires 30 dccy written notice should ccny of the policies described on the
certificccte be cccncelled or mcctericclly chccnged before the expircction dccte.
Should an�T of the required insurance be provided under a claims made form, Contractor shall
maintain such coverage continuousl�T throughout the term of this contract and, ���ithout lapse, for a
period of three �Tears be�Tond the contract eipiration, such that occurrences arising during the
contract term ���hich give rise to claims macle after eipiration of the contract shall be covered.
RFP # 5142
• Should an�T of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to be
included in the general annual aggregate limit, the Contractor shall either double the occurrence
limits or obtain O��ners and Contractors Protective Liabilit�T Insurance.
• Should an�T required insurance lapse during the contract term, requests for pa�Tments originating
after such lapse shall not be processed until the Cit�T receives satisfactonT evidence of reinstated
coverage as required b�T this contract, effective as of the lapse date. If insurance is not reinstated,
Cit�T ma�T, at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurccnce policies proposed or obtccined in scctisf'ccction of this Contrccct shccll ccdditioncclly comply
with the following mccrked specificcctions, ccnd shccll be mccintccined in compliccnce with these ccdditionccl
specificcctions throughout the durcction of the Contrccct, or longer, if so noted:
[X] A. General Liability Insurance:
General Liabilit�T insurance ���ith combined single limits of not less than $1,000,000.00 shall
be provided and maintained b�T the Contractor. The polic�T shall be ���ritten on an occurrence
basis either in a single polic�T or in a combination of underl�Ting and umbrella or eicess
policies.
If the Commercial General Liabilit�T form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liabilit�T covering this contract and broad form
propert�T damage coverage.
• Coverage B shall include personal injunT.
• Coverage C, medical pa�Tments, is not required.
If the Comprehensive General Liabilit�T form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodil�T injunT and Propert�T Damage Liabilit�T for premises, operations, products and
completed operations, independent contractors and propert�T damage resulting from
eiplosion, collapse or underground (XCU) eiposures.
Broad form contractual liabilit�T (preferabl�T b�T endorsement) covering this contract,
personal injunT liabilit�T and broad form propert�T damage liabilit�T.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liabilit�T insurance ���ith Combined Single
Limits (CSL) of not less than $500,000 either in a single polic�T or in a combination of basic and
umbrella or eicess policies. The polic�T ���ill include bodil�T injunT and propert�T damage liabilit�T
arising out of the operation, maintenance and use of all automobiles and mobile equipment used
in conjunction ���ith this contract.
RFP # 5142
Satisfaction of the above requirement shall be in the form of a polic�T endorsement for:
• an�T auto, or
• all o��ned hired and non-o��ned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance ���hich, in addition to
meeting the minimum statutonT requirements for issuance of such insurance, has Emplo�Ter's
Liabilit�T limits of at least $100,000 for each accident, $100,000 per each emplo�Tee, and a
$500,000 polic�T limit for occupational disease. The Cit�T need not be named as an "Additional
Insured" but the insurer shall agree to ��� aive all rights of subrogation against the Cit�T, its officials,
agents, emplo�Tees and volunteers for an�T ��� orlc performed for the Cit�T b�T the Named Insured.
For building or construction projects, the Contractor shall compl�T ���ith the provisions of
Attachment 1 in accordance ���ith �406.096 of the Teias Labor Code and rule 28TAC 110.110 of
the Teias Worlcers' Compensation Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pa�T for and maintain at all times during the prosecution of the ���orlc
under this contract, an O��ner's and Contractor's Protective Liabilit�T insurance polic�T naming the
Cit�T as insured for propert�T damage and bodil�T injur�T ���hich ma�T arise in the prosecution of the
���orlc or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis
and the polic�T shall be issued b�T the same insurance compan�T that carries the Contractor's
liabilit�T insurance. Polic�T limits ���ill be at least $500,000.00 combined bodil�T injunT and
propert�T damage per occurrence ���ith a�1,000,000.00 aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liabilit�T is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a Cit�T building. Limits of not less than _
each occurrence are required.
[ ] Professional Liability Insurance
Professional liabilit�T insurance ���ith limits not less than $1,000,000.00 per claim ���ith respect to
negligent acts, errors or omissions in connection ���ith professional services is required under this
Agreement.
[ ] Builders' Risk Insurance
Builders' Rislc Insurance, on an All-Rislc form for 100% of the completed value shall be provided.
Such polic�T shall include as"Named Insured" the CittT of Denton and all subcontractors as their
interests ma�T appear.
[ ] Commercial Crime
RFP # 5142
Provides coverage for the theft or disappearance of cash or checics, robbenT inside/outside the
premises, burglanT of the premises, and emplo�Tee fidelit�T. The emplo�Tee fidelit�T portion of this
coverage should be ���ritten on a"blanlcet" basis to cover all emplo�Tees, including ne��� hires. This
t�-pe insurance should be required if the contractor has access to Cit�T funds. Limits of not less
than $ each occurrence are required.
[ ] Additional Insurance
Other insurance ma�T be required on an individual basis for eitra hazardous contracts and specific
service agreements. If such additional insurance is required for a specific contract, that
requirement ���ill be described in the "Specific Conditions" of the contract specif�ications.
RFP # 5142
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
worlcers' compensation insurance coverage for the person's or entity's employees
providing services on a proj ect, for the duration of the proj ect.
Duration of the project - includes the time from the beginning of the worlc on the
proj ect until the contractor's/person's worlc on the proj ect has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the proj ect, for the duration of the proj ect.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the proj ect, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning worlc on the project, so
the governmental entity will have on file certificates of coverage showing
RFP # 5142
coverage for all persons providing services on the proj ect; and
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the proj ect.
F. The contractor shall retain all required certificates of coverage for the duration of the
proj ect and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor lcnew or should have lcnown, of
any change that materially affects the provision of coverage of any person providing
services on the proj ect.
H. The contractor shall post on each proj ect site a notice, in the text, form and manner
prescribed by the Texas Worlcers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lacic of coverage.
L The contractor shall contractually require each person with whom it contracts to
provide services on a proj ect, to:
1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning worlc on the proj ect, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the proj ect, for the duration of the proj ect;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the proj ect;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning worlc on the
proj ect; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the proj ect;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
RFP # 5142
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person lcnew or should have lcnown, of any change that
materially affects the provision of coverage of any person providing services on
the proj ect; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by
worlcers' compensation coverage for the duration of the proj ect, that the coverage
will be based on proper reporting of classification codes and payroll amounts, and
that all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the comnussion's Division of Self-Insurance
Regtilation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
RFP # 5142
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE
USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental Date Received
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
� Name of person who has a business relationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7�h business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach
additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than
investment income, from the filer of the questionnaire?
0 Yes 0 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from
or at the direction of the local government officer named in this section AND the taxable income is not received
from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the
local government officer serves as an officer or director, or holds an ownership of 10 percent or more?
0 Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental Date
entity
RFP # 5142
EXHIBIT F
SPECIAL TERMS AND CONDITIONS
Contract Term
The contract term is for a one (1) year period. The City and the Contractor shall ha�e the option to
renew this contract for an additional two (2) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date in accordance with the provision of the
section titled "price adjustments", or the section(s) titled "termination". At the sole option of the
City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6)
months.
Bonds
Contractor shall subnut payment and performance bonds for 110% of each specific Substation
project before worlc commences. Each project performance bond shall be for two (2) years from the
date of final completion and acceptance by the City. The bond value will be based upon the proj ect
plan accepted by the City for each substation.
Price Adjustments
Prices must be firm for a period of one year from date of contract award. After the first year,
adjustments to unit prices may be proposed at the start of any project in accordance with the
indices and methods that follow in this section. Any request for price adjustment must be based
on the, 1) Oil Price Information Service (OPIS) spot mean for DFW Gross No. 2 LED distillate
price racic average rate and the 2) U. S Department of Labor, Bureau of Labor Statistics,
Employment Cost Index (EC� for Total Compensation, Private Industry Constniction Worlcers
(CIU2012300000000A) as found at (http://www.bls.gov). The price will be increased or
decreased based upon the annual percentage change in the ECI and diesel average. The
escalation will be determined annually at the renewal date. Should the ECI and diesel average
change exceed a minimum threshold value of +/-1%, then the stated eligible prices shall be
adjusted in accordance with the ECI and diesel change. The supplier should provide
documentation as percentage of each cost associated with the unit prices quoted for
consideration.
Base line pricing for labor and equipment are established in Exhibit G which will be used to
calculate price adjustments.
Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for
performance that falls short of specified performance standards as outlined below:
Participate in a preconstniction conference within ten (10) days of Notice to Proceed
with a specific site proj ect.
Provide a proj ect plan and schedule within seven (7) days of the preconstniction
conference that includes a formal estimate of the total cost.
• Begin mobilization on or before the date in the project plan.
RFP # 5142
Complete worlc in accordance with the approved proj ect plan.
Remain in compliance with all aspects of the contract.
The Contractor shall be assessed a one (1%) percent fee each weelc when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a
two (2%) percent profit fee each week when any two (2) or more performance standards
outlined above are not met in full. At the end of each month, the City will review the monthly
reports and determine the percentage of penalty to be assessed to the Contractor's monthly
profit margin.
RFP # 5142
EXHIBIT G
CONTRACTOR'S PROPOSAL
Item Estimated
# Structure UOM Annual Unit Frice
Quantit��
1 Mobilization LS 3 $12,750.3
2
2 138 KV Brealcer installed EA 24 $3,977.67
3 138 KV High Bus S��-�itch and Stand EA 36 $2,670.48
4 138 KV Lo��-� Bus S��-�itch and Stand EA 30 $2,245.47
5 Substitute Motor Operator for manual operator EA 6 $1,062.53
6 138 KV Transmission Talceoff Siructure EA 8 $4,278.44
7 Consiruct Transmission Takeoff Siructure jumpers STR 18 $1,208.00
8 6S Static Mast EA 12 $1,25520
9 138kV - 15 KV Transformer EA 8 $1,905.47
10 Control Building EA 3 $4,505.11
11 Disiribution 5��,�itchgear Enclosure EA 8 $4,505.11
12 3/8" EHS Static ��-�ire installation LF 8000 $5.38
13 1381cV Bus Support EA 180 $170.00
14 138 kV CT ��-�ith Stand EA 3 $2,595.70
15 1381cV PT/CCVT ��-�ith Stand EA 54 $2,418.57
16 151cV Bus Support EA 55 $467.51
17 S' Aluminum Bus Pipe: Installed LF 7000 $12.47
18 4" Aluminum Bus Pipe: Installed LF 800 $11.83
19 3" Aluminum Bus Pipe: Installed LF 1500 $14.59
20 2.S' Aluminum Bus Pipe: Installed LF 1200 $7.79
21 2" Aluminum Bus Pipe: Installed LF 1200 $7.79
22 FoundationFl �,jER 12 $11,947.35
23 Increase Foundation F 1 in depth b�� 1' increments LF 24 $628.81
24 I)ecrease Foundation F 1 in depth b�� 1' increments LF 12 -$628.81
25 FoundationF2 EA 200 $1,060.78
26 Increase Foundation F2 in depth b�� 1' increments LF 400 $117.86
27 I)ecrease Foundation F2 in depth b�� 1' increments LF 200 -$117.86
28 Foundation F3 EA 8 $98,34829
29 Foundation F4 EA 20 $4,871.17
30 FoundationFS EA 48 $1,058.86
31 Increase Foundation FS in depth b�� 1' increments LF 96 $117.65
32 I)ecrease Foundation FS in depth b�� 1' increments LF 48 -$117.65
33 Foundation F6 EA 15 $8,797.30
34 Increase Foundation F6 in depth b�� 1' increments LF 30 $488.74
35 Decrease Foundation F6 in depth b�� 1' increments LF 15 -$488.74
36 Foundation 7 EA 6 $8,21795
RFP # 5142
EXHIBIT G
CONTRACTOR'S PROPOSAL
Item Estimated
# Siructure UOM Annual Unit Price
Quantit��
37 Foundation 8 EA 6 $10,32029
38 Foundation 9 EA 6 $9,428.82
39 Increase Foundation F7, F8, or F9 in total volume of CY 9 $485.71
concrete
I)ecrease Foundation F7, F8, or F9 in total volume of
40 CY 3 -$485.71
concrete
41 Foundation 10 EA 15 $1,124.64
42 Increase Foundation F 10 in depth b�� 1' increments LF 9 $112.46
43 I)ecrease Foundation F 10 in depth b�� 1' increments LF 3 -$112.46
44 Bell bottom of pier foundation - 2'-6" diameter EA 60 $678.74
45 Bell bottom of pier foundation - S-0" diameter EA 9 $2,19426
46 Bell bottom of pier foundation - 6'-0" diameter EA 9 $4,12824
47 Foundation for S&C Outdoor 5��,�itchgear EA 3 $7,359.31
48 Concrete flat��-�ork installed per specification and dra��-�ings CY 2100 $282.73
49 2" Schedule 40 PVC Underground: LF 2700 $5.44
50 2.S' Schedule 40 PVC Underground LF 2700 $5.44
51 3" Schedule 40 PVC Underground LF 900 $7.69
52 4" Schedule 40 PVC Underground: LF 6000 $6.70
53 6" Schedule 40 PVC Underground LF 9000 $8.49
54 Pull Bol for 15kV underground cable EA 24 $2,204.49
55 Pull Bol for underground control cable EA 6 $1,718.64
56 Manhole: Elcavation, base preparation, and bacicEill EA 3 $4,361.97
57 Uround grid installed LF 36000 $525
58 Rock trenching adder for installing ground grid in solid LF 1200 $5.97
formations
59 Uround rod installed in average t��pes of soil EA 600 $112.94
60 Uround rod installed in rocic EA 60 $384.19
61 Uate or fence post grounding EA 54 $118.17
62 Precast concrete base for pad mounted 151cV s��,�itches EA 18 $425.12
63 Ylace 1200 amp, 151cV, outdoor S�C s��-�itchgear on EA 3 $1,062.80
foundation �
64 Overhead Area Light Installed EA 24 $317.06
65 EYCa� ation for other than foundations, concrete flat���orlc CY 270 $35.42
and c�nduit
66 Final grading and compaction SY 1500 $3.83
67 Spoil removal and disposal (as needed) CY 450 $30.67
68 Crushed rocic: Pro��ide, place and compact to 6" �inal depth CY 18000 $49.13
69 Install French drain LF 600 $15.81
Install final span of iransmission conductor into the station �2� ��� ��
�� - 1926.91ccmil ACSS/TW Cumberland conductor. EA 6
Install final span of iransmission conductor into the station �;24,438.11
��' - 959.61ccmil ACSS/TW Su��,�annee conductor. EA 6
RFP # 5142
EXHIBIT G
CONTRACTOR'S PROPOSAL
Item Estimated
# Structure UOM Annual Unit Frice
Quantit�T
72 Install final span of transmission shield u�ire into the EA 6 � 1,416.70
station - 3/8" EHS gu�� sirand. �
Install final span of transmission Shield ��ire into the
73 station - 0.691" diameter OPUW (AFL I)NO 8168). EA 6 �2,125.06
74 Install geogrid material SY 3000 �3.83
75 Installation of Formed and Poured Concrete Retaining CY 50 $1,318.00
Wall - 4' Height �
76 UEN. SUPERINTENI)ENT * Hour 20 $129.99
77 PROJECT MANAUER * Hour 20 $116.99
78 SAFETY MANAUER * Hour 20 $95.33
79 PROJECT ENUINEER * Hour 20 $86.66
80 PROJ. SUPT/U.F. * Hour 20 $123.49
81 FOREMAN ** Hour 20 $65.00
82 APPRENTICE ** Hour 20 $39.00
83 WELDER ** Hour 20 $125.66
84 WELDER HELPER ** Hour 20 $54.16
85 OPERATOR-HEAVY EQUIP. ** Hour 20 $58.50
86 CARF'ENTER-LEAI) ** Hour 20 $52.00
87 CARF'ENTER ** Hour 20 $41.16
88 LABORER-SKILLEI) ** Hour 20 $36.83
89 LABORER-COMMON ** Hour 20 $34.66
90 Watson 1100 Drill Rig 41,600 ft*lbs Week 1 $9,472.50
91 20-22 H��draulic Crane Week 1 $3,54125
92 PC 220 Tracldioe Week 1 $4,437.50
93 580 Bacichoe Week 1 $1,17125
94 I)37EI)ozer Weelc 1 $1,978.75
95 SA200 Welder Weelc 1 $343.75
96 Sk��track Week 1 $1,72125
97 Pickup Truck Week 1 $497.50
98 Boom Lift - 40' Weelc 1 $1,653.00
99 Boom Lift - 60' Weelc 1 $2,499.00
100 Portable Uenerator Week 1 $36125
101 Pump, Water (Uas) 3/4"-3" Week 1 $280.50
102 Trailer - Office/Tool - 8'130' Weelc 1 $158.75
* Overtime (1.5 x Base) occurs after 40 hours per week Per Diem is $150.00 per day.
** Overtime (1.5 x Base) occurs after 40 hours per week. Per Diem is $100.00 per day.
RFP # 5142
EXHIBIT G
CONTRACTOR'S PROPOSAL
Statement of Understanding - Project Requirements
Contract will be for a one year period with a mutually agreed upon renewal for an
additional two one-year periods
The quantity of substations to constnict is based upon the City of Denton's capacity to
finalize projects. It is understood per the bid form that potentially up to three substations
per year could be available.
Owner will furnish the following: Site Prep, fencing, all testing of materials and
compaction, commissioning testing, and all materials except as noted below:
o Concrete, rebar
o Above grade conduit
o Grounding shots
o Surface rock cnished stone
• Contractor will furnish all the materials listed above that are not supplied by the owner
• Contractor will supply all labor and equipment to install the worlc as outlined in the
assembly units
• Control cable pulling and terminations are to be completed by the Denton Municipal
Electric as noted in the RFP.
• Setting and Terminating of switchgear and control buildings will be completed by Denton
Municipal Electric.
• Excess OFM to be left on site
• Price adjustments will be made per the information provided in section 5 of the RFP.
However, these units do not cover adjustments on material commodities that may
increase due to unforeseen natural events or shortages of materials. Adjustments for these
situations will be covered separately. In addition, labor units may need to be adjusted
similarly to due same situations of events or shortages.
• Liquidated damages will be assessed per section 16 of the RFP. A mutually agreed
proj ect duration will be provided for each proj ect.
• All unit pricing was based on our experience building one substation with Denton
Municipal Electric. This proj ect was built on a"lump sum" basis and not a unit basis. It
is our understanding that after each one year contract term, we will have the opportunity
to re-evaluate the unit price for reasons not included in Section 1, Item 5. of the RFP for
Substation Constniction Services. This review would be on a unit by unit basis and if it
is deternuned we have materially miscalculated the rate resulting in either an increase or
decrease we would submit a revised unit price for consideration.
RFP # 5142
EXHIBIT G
CONTRACTOR'S PROPOSAL
Scope of Work Qualifications (Rev 1- 01-21-13)
Can-Fer has reviewed the proj ect schedule requirements, specifications, and plans
provided in this RFP. It is understood that the quantities on the unit price sheet are not
necessarily applicable to any particular project at this time, but to develop an assembly
unit price. Though the unit descriptions on the unit price are relatively thorough, we have
provided a detailed breakdown for each bid unit to show that we may have added certain
elements to create a tnie scope and price for the assembly (Reference attached Can-Fer
Assemblv Units sheets 1-101.
In addition, we have the following qualifications and clarifications:
• In regards to drilled piers, our proposal is based upon soil conditions that are in
suitable, dry material that can be drilled with soil and/or rocic augers. Our units do not
include provisions for slurry, casing, core barrel or pneumatic hammer drilling.
• Moving, removing existing unforeseen conditions ( existing utilities, underground
obstnictions, hazardous waste, etc)
• As excavation for conduit and grounding were not defined in the units, we have
included it based upon as noted in the attached detail assembly units. This quantity
was established from the Bonnie Brae Substation project.
• The unit for belled piers includes only concrete for the perimeter bell portion outside
the diameter of the pier (i.e. the triangle portion of the bell)
• The mobilization unit includes costs one mobilization and demobilization. Any
additional mobilizations will be assessed at the unit price provided
• Units are based upon Greenfield projects only
• The manhole provided in Unit 56 will be supplied and set by Denton Municipal
Electric. Our unit includes excavation and bacicfill only
• There is a discrepancy between bid unit items # 6 and #7. With four stnictures shown
for unit 6, there should be 12 jumpers on item #7. We did not adjust the quantity for
unit #7; we bid as shown
• In regards to quantity of bus fittings figtired, we took the total footage of bus and
divided by the total bus fittings provided in the material schedule shown on the
Mcicinney Substation set in order to determine a quantity for fittings required for the
bid units. This is subject to change based upon station configuration.
• Our pricing is based upon the following current prices for materials:
o Concrete--$94.55/cy
o Rebar--$ 0.50/lb
o Diesel--$3.87/gal
o Cnished stone--$ 17.00/ton
• Due to unlcnown locations of sites, we have determined the Bonnie Brae Substation as
the delivery point for all materials. The cnished stone delivery will probably be most
affected by distance.
• All units are based upon fifty hour work weeks with one crew. Acceleration, weekend
or night worlc is not included in this proposal.
• As an option, we would consider and offer to provide an hourly crew rate for a
standard crew if requested by Denton Municipal Electric
RFP # 5142
EXHIBIT G
CONTRACTOR'S PROPOSAL
The contract duration created for this proposal is based upon the man hours generated
for bid unit items 1-74. This is subject to change based upon the size and scope of
worlc for each site.
The following clarifications are made to the following bid unit items:
o#7 unit price is per stnicture and price is revised accordingly
o#14 and #15 prices were adjusted to correct imbalance and are revised
accordingly
o#22 unit price is per pier; unit price remains the same
o#54 and #55 unit prices were adjusted to account for inaccuracy
o#58 unit price adjusted to account for inaccuracy
o#62 unit price adjusted for inaccuracy (note: this is a precast pad, no concrete
is included)
o#63 unit price adjusted to account for inaccuracy
o#64 unit price adjusted to remove material that was not required
o#67 unit price may be performed by City of Denton
o#70 and 71 unit prices may be performed by City of Denton; note if performed
by City of Denton, unit prices #73 an #74 must be installed by City of Denton
also.
Project duration for the scope of work defined by the units has be reduced to 180
days.
The unit prices and proj ect duration do not include provisions for cost or time due to
weather delays as it is not certain when the proj ects would start or finish. Once the
project window has been established, weather days can be incorporated into the
proj ect.
RFP # 5142
Exhibit G
Contractor's Proposal
CAN-F�R UT1LlTY SERVICES, LLC
8id Unit Assernbly Summary
City of �enton MSA
City of �enion
Denion, TX
Item Nu�nber Item Description
1:: . 11'Iabili7ation;:(one ��e;i statio�i 3� c�j:e
,.:, __. _
i I4'.7IZ772...�.,lri ,.,,�i,r.11arl ',�..1„�1;,Si
�,bove; g� ory��cl;`coiicil�it (refe� fo`Orl� list)
2 138 KV Bre�keE• Instailation
2 Grot�ndiitg {Tinneci} - ltem C I- 20LP per Breaker
2 G�'ou�ldii�g Lugs - Items C4 - 2 E� pe�' Ba•eake�'
2 AG cont�f,�r
2 AG Co�iciuit I'itii�3gs
2 Ju�7��ers - Ca[�le - Cot�due4or Cab[e - 1272 �ICVi
2 Tun���ers - rittings - 1272 �vIC�1, D�tC Con�pression
z Cat�le S�1cer
138 KV:Higli Bus ��vitch ��id Sta�id �iicluc�i��g ;:
3;. aiixil�ary s�� itch, m�z�ual o�ie� ato��, alI biis
conn�ctions, ec�t�i��meut groaui[l�aig aaicl,:;abo��e gi•i
c:aau�tiif {refer: to 0TM l�st)': ,
3 I38 KV Higlt BtES Switch Stai�d Installatio�3
3 f 38 KV Higl� Bus Switcli fnstallation
3 GroundiE�g (Tit3neci) - Item C1 - 20LF pe�• Switeh St�i�d
3 Grounding Li�gs - Ite;ns Cl at�d C2 -� EA pe�' St�°itch
3 Grofinding Platform - 1 L'A per Sw�iteli
3 Type EV-2 5tvitch Outt�igger - Item A3A - 3�e�� High S�i�itch
3 Ca��i�ectians to 13us - DI�tC Comiection - 3 per S�viicl�
138.I�Y Lo��r.Br�s S�vitch �i�cl Staiccl yr�clt�diatg
�n��lzai•y swltcli, a��nu�ial ol�ex��t�or, �Il l�tis ;:
' 4, , ,
co�jnect�o��s, ei�u�pxtte��t grounciiaig az�cl.�a�o�re ge±
. _ __" 7"'i ! „1'.,_� t._ ll�Yl,T 72..+\ .. . _ ,_
�} 13& KV Lo��� Bus S�vifeh StRnci
� 138 KV Lozv Bus S�viEch �nstall�€iio�i
� G►•ou�tdit�g (Tin�3ed} - Ite�i� C 1- 20Lf per S«�itcl� Sfand
� GE•ou�idiitg Lttgs - ltetns C1 and C2 - 4 EA per S«<itch
�# �roundit�g Plat%rm - 1 EA per S�vitclt
�} Cannectio��s to 13us - DivfC Connectiaci - 3 per Stivitcii
,Substih�te Matot ���ei ato�' fn� iri�t����a.l �ipeE,atoi auc�:
5;` �i�x�l����y s�vitcli on 138IcY Lo��-or Higli Bi�s Sri��t�l� .;:
13$ ��V Ti ans�nission Takeaff St�;�zct��re �nclucli�i�; '
g�o�ipclyng, t��atuit4i�g anci giounSlia�g ari�esters;
6: cv,nsti�uctirig ai i e�te� pl�ase �i�mpeis a��[i ca��a�ect�ng ;
if tl�e liaxe is ��� ese�it;`(D� g 138 EIlEC03 EL41) `
i:»��s�ya
Unit _Total
��
�.r
EA
�,r
EA
LF
EA
EA
�A
LA
LF
F.,A
F,A
EA
�;A
f;A
�A
Li�
�A
EA
EA
8
I60
1G
� 60
S
1,60Q
96
9G
12
12
2�10
4$
12
35
36
�a
10
200
�1Q
1(1
30
�A' ;2
�A ;4
Exhibit G
Contractor's Proposal
6 13$�:V "1'r�ans�i�issio�i Siructure - H fi•line �A �4
6 Grounding {Tiimed) - Iiei�� Cl - 200 LF per Str�fcture LF 80Q
6 Graundii�g L��gs - Itein C2 a�id C3 - QTY 52 per Str�ictu►•e EA 208
6 DI�fC CoE��iectiai� - Item B i 5- 6�eE• Steuctu►•e EA 24
6 Arrestor it�stallalion - Ite�n A� - 3 pe�• Structure EA 12
6 �ue�ipe�•s to A�•a•estors - Ite�i� I35 - 20LF pee SErt�cture LF 80
Consti'uct Tc����sn�ission TRlteoff:Sta s�ctu�•e.jY�����ess :_
� fii�at conn�ef Elie tianstxaiss�io�� lv�e�;�o the�stnt�o�j l��es ��� � ��`
7 : , , EA. : 6. , , `
�k�st�ll;if t� �zism�ssipn lu�e is �ii•esent (i•efet #o tlie
OFiVI, l�st, .{D»`g 138=�L�CO3 �LQ�)
� Jti►npers - Cable - Canciucto►- Cab[e - 1272 l�tClvt - Iteni B�1- 50LI' ��, 3��
e�• Jt�m er
� J�tmpers - Fittings -] 272 ivICl41, Di��C Cor��pression - Iten� I31� - 2 E� ��
�e�• Jam �er
'7 Cab�e Spacer - Ite�t� F31G - 3 per Ji�mper EA f 8
_ 8. �5' Sfafic M�sf incluc�i�i : i•ounc3in �A 4
__._
g 65' Static hiast Str��etiu•e Ii�stallatioE� Ef1 �
8 Gro��►�di►ig (TiE»ieci) - 7QLF per Statice Ivlast I.F 2&0
8 Groanding Lugs - 13�A per Static �fas# I;A 52
138tcV .=15 I�Y Ti aa�sfat raei niclu.c�i��g al� �i�s ;
9 c'o�uiecf�ons, �'q���l�nie�t g��o�mcla��g a�ic�:above �rdwicl �A1 2�
cond,�rit (refer: to,�Fl�I list)
9 Grotn�dit�g (Tinned) -�o qaan#i#y gi�=en ii� dra�t�ii�gs - Assaine LI' 2C►0
1(}OL�' ertra��sforn3er
9 G►•ot��idiE�g I.ugs - No c�uaittify given iE� d►•an�ings - Assu�ne 20 FA Erl 8
ee tr�[nsfarmer
9 AG Co��duit asse�me �10 Ifper transfar�ne�• LF� SQ
9 AG Coitduit Fittings ass►an�e 4 LB`s pe�• transfo�•ii�er �A S
9 Jt�nt�er tp &ts - Iten� B� - SOLF �er 1'raitsformer EA 16fl
� Jumper 171�fC CoE3neetio��s - Itert�s F317 and B 1$ - 9�A per �A 18
Tra��sfo►�n�er
Co�ift�ol Builclivg ��ielucl�ng:�lt eqmpme�it gz•ouiic�ing
10 a�id �boye g��o�mc1 co�icluit (lef�� to OI+IYI I�s#} ; EA" 1
,_.
....
�0 Grot»tding (Tin�ied) - I`FO quat�tiiy gi��en ii� drawings - Asstttne �� 1�0
100LF er builditt
10 Gro�niding Lugs - No c�uait[ity given in �E•aa�ings - AssiE�ne �i EA per Efl �
bnildin
�p Hoifntat� Box Installatian EA I
[ � AG Canduit FiEtings �A 1
D�st� ibutzo�i ��vitcli�e�j �iiclosni•e iu�ltrili�ag all bus :.:
Il c;o�uiecfions, e.q�t�ptnent g�oui�tling a��ci al�ove giaua�cl: EA:-: 2
cazuluit [�•efer:; to .O�':IVI hst);`
� 1 Grotutdit�g (Tin�icd) - No c�a�nTity given iit drat<<ings - Assume LF 2Q0
100LF �er 6�iildit�
i 1 Gro�aitding Lugs - No quanfiEy gi��en in d►-a�vii�gs - AssuEne �l EA per EA 8
btiilc�i�
L 1 Ho#iin�n Boa Installatio�� EA 2
11 AG Cond►ait Fittings EA 2
i:»��s�ya
Exhibit G
Contractor's Proposal
' ` 318" �HS S.tatic ��ii•e t��sf.a.11afioi�';befweeu,the:;6S' s
��' stafxc pule a�ic� talceoff to�ve� (Oewi.�ei fiu'nishe[� sta.
rvire, l�aY•c7r��a�•e; aiicl,��iml�:eis) -A`erage:per.l�near
foot .
_,.
12 Shie[d Wire
Shackfe Connection Assembly - Assume QTY based upon
12 Bonnie Brae Subskation
13 ' 138 kV,Bus �uppo� t'�neludi��g i�isul�toi,.brrs
coirnecfiou �►n�l,giaiindmg:!,Clatify;su�g�e:l�liase;
� 3 B►�s Stt�port Siracti�E•e
� 3 Inse�lator Installation - Ite�n A5 -( F.a pe�- Support
� 3 Bt�s St�pport - Itei�� Type B25 - 1 EA E�et• Suppo��t
a 3 Grot��3ding (`finned) - Itein C1 - SLF per support
] 3 Grot�nding Li�gs - Ite37i C2 - 1 EA per Siipport
1.3$ IcV ;CT. }�itl� �ta�i�l �ncIiic��ng bt�s co.tiiteciiQ.ris, :
14:; , , caricl�ait., j[�nction �o�, gio��nda��g; ��ugle.install�tio?
_
� � CT Suppor�t SEructare
l� CT Inst1[lat[oi�
1¢ C"f JlmctioEil3o�
�� AG Condiiit
l� AG Conduit rittii�gs
� �. Inst►lator I�istallation
1� I3us Camlection - Ite�n B 1 S- DIvIC ConEiection - 2 EA per CT
1�4 Bus Connection - Ife�i2 BS - Z��Enper - 41i} NiC�r[ - 2�LF per C`1'
lq Gro�niding {Tiniled) - Ite�n Cl - 15LF per CT
1� Grou�iding Lugs - Ite�n C2, C3, C4 - 6 total pe�• CT
'...: ... ; ;13Zf.1CY�::�"11C:k: V 1 YYIUI �7lil.[llt 1111'I.LiUlli�<.:l
15 co�tnecf.ions, conc�u�t, �ianc#io�� baX, gi•o��i
i:ust�Il�i�ip�l
�P _
� 5 PT Su oE•t Siructi�re
�5 PTIi�sta�latior�
E 5 P`F .Eu��ciion Bot
�� aG coc�ciuic
� �} AG Cond�iit Fiititigs
�S �E35tIIflt01'It]Stflllii�l0lt
� g Bus Support
15 Grounciiitg (Tinned)
15 Gl'Olillalli� �,LigS
�� 1�1�V Iiirs Sulipo� t incli�d�rig ixas�rlatars,l
16; ;
cnnnectioiys,:�ttcl i•ou3�din`
1(, f3us S�ippart Siructuee
�{ Iitsula#or li�stalEatioEi - ITcn� A6 - 3EA �er support
�{� Biss 5�ippor# - Ite�t� B2f - 3�A per s�i�poi�t
i6 Grounding (Tii�nec�) - Itei�� Cl - SLP �er suppart
((� Geound'uig L.ugs - Item C2 - 1 Er� per Si�pport
.��'< 5" Aluip�n��v�:T3usI'i�e Iifstal�etl'y�itli.tl
i:»��s�ya
if
ea
: � `'
�A
�A
1:A
Lr
�A
EA
�A
�;A
LF
EA
EA
�A
EA
T.,�
EA
(00
2Q04
36
SQ
50
SQ
250
SO
a
3
3
3
150
3
3
6
Gfl
�€5
t8
�a, s a
EA i 8
EA 1 S
EA 1 S
Lf, �oa
EA 18
EA 18
EA 1$
LF 90
EA 18
Er� 2
EA 2
EA 6
�t� 6
LF 10
EA 2
Exhibit G
Contractor's Proposal
i:»��s�ya
Exhibit G
Contractor's Proposal
i:»��s�ya
Exhibit G
Contractor's Proposal
i:»��s�ya
Exhibit G
Contractor's Proposal
49 Warning Tape
�0 2 5" Sclie[lule'40 P,VC U�icieX gc oi�iicl, L�boi
(Conclu.it Ov���ieA=fn��iiisl.�e.cl)
�p 2" PVC
�p 90s
5p Couplings
�p Caps
50 Excavate - A�erage .053CYILF per Bonnie Bra�
�p Backfill
�p Sand - Assume .5CF per l.F
�0 Waming Tape
3" Scljetlt�le �40 PYC;Uticlerg�ountl Laboi� I
�1-,
(Conctt�;�f O�v�e�•-f��r�ushe��)
�� 3" PVC
51 90s
�� Couplings
5� Ca�s
�� Exca�afe - A�erage .453CYILF per Bannie �rae
�� Backfi[I
�� Sand - Assume 0.5CF per LF
g� Warning Taps
���' Sehe�inle �40 PYC'illiEle�•gi ou�it� Lab�br l
5�,:� � , _ � � �...
(Coiid�iit Of�iier=fii��n►sl�eil)
�� 4" PVC
�� 90s
yz Coup[ings
�z Caps
5� �xcavate - Average .053CYILF per Bonnie Brae
52 Backfill
�2 Sand - Assume Q.75CF per LF
�2 Wa�'ning Tape
' �" Scl�e<lul� 40 PYC U�ider�� ar��xil. L�bor ]
s3.
Ca�ult►i�.0}vitet fu.i�iiisliec�)
53 ��� �VC
53 90s
�3 Couplings
53 Caps
53 �xca�ake - Average A53CYILF per Bonnie Brae
g3 Backfif[
53 Sand - Assume 1.00F per L�
�3 Warning Tape
Pu11 Bnx fo�„ IS1�V t���cle� gx�ou�ic� c�ble� I.nsti
� : : �,
; .:.
' ��#; spe���cat�on, (Ownee f�iinisl�ec],,�l���ioxi�ii;
54 Set _
�4 Excavafe
Pull Bo� ip� ii�tdei•g��otxa�d co��fe o.l c�1�le: ���
55' specifieatxoa�: {OF�fuei fiunis��etl, apP�o!�����.;
RFP 5142
J11 ' JVV
[f �aa
ea 57
ea 3T
ea
cy �47.7
cy 31
CY 17
If 225
�€ �'` znn .
If
ea
ea
E�
CY
If
LF
If
ea
aa
ea
cy
Gy
CY
I#
Lr= ;
If
ea
ea
ea
cy
cy
CY
[f
EA ::
ea
3�0
30
2a
3 5.9
9
7
75
2
9
50
53
'f 59
48
999
750
Exhibit G
Contractor's Proposal
i:»��s�ya
Exhibit G
Contractor's Proposal
i:»��s�ya
Exhibit G
Contractor's Proposal
��� � ���z:� � ,
��� �ER
���A i�
E n�
�--�:�x �
�
BUSINESS OVERVIEW QUESTIONNAlRE
1, Contractoi� Name : Can-Fer Utiliiy ServEces, I.LC
2. Address (Principle Place ofi Business: 3340 Roy ��r Soule�ard, Grand Prai�'1e, TX 75050
3. [�oes your company haue an established �hysica[ presence in th� State of 7exas, or the City of
De�ton? Yes. Can-Fer's home office 9s located in Grand Prairie, TX
4, iax PayeC ID#: 76-fl589263
5. �mail Address of Primary contacf: t�o�e@can-fer.com
s. Website Address; i�ttp,f /www.can-fer,com/
7. Telephone: (972,] �i84-�4344
8. Fax: (972j 89�-9279
9, �ther Locations:
10. Organization Class:
Corporation
1�., Date �stab�ished: 201U �formerly Quanta Utilify Services, L.LC, Quan�a Pipeline
Services, and Gan-Fer Constructior� Cam�any)
a. Gan-Fer Utili�y Services, LLG is the result of a eonsolidation in 2010 of thr�e Quanta
Services Corn�anies based in the aallaslFt, Wort� area: Qua�tfa UtiliEy Services,
LL.0 {Efsctric and Gas C7istri�ution); Q�anta Pipeline Services (Pipeli�e and
Gompressor Station consfruction) and Can-�er Canstruet[on Company (Efectrical
Substation construction and fransmissian line fout�dation construciion).
�.2, Former Bt�siness fVam�: formerly Quanta Utiiity Services, LLC, 4uanta Pipeline
Services, and Car�-Fer Consiruction Company
1�, Date of p9ssolution: 20�.Q
14. Su�sidiary of; Quanta Services, inc,
15, His�orically t�nderu�i�ized Buslness: No
7
i:»��s�ya
Exhibit G
Contractor's Proposal
�
� � §.
��� q�;N � F' E `R
� �
n���,zm��,�.
�
16, Princ��als and Officers:
!9m Switzer— CE4
Rog�r CarCer— CFO
17. Key Personnel and Responsibilities;
7im lCeys — Vice President of Opera�ions —��undations and Substatian
Wayland Chappell �-Substations Manager
Kent �ioecicer— �irector of �stimating
7homas Bade — �stimator/Project Manager
1s. Number of Personnel by C�isci�line;
Qiscipline Nur�ber of Staff # Registered
Electric and Gas �istribution Services: 228
Subsfiation ar�d �oundaEion Services: 218
�s. Services Pro�i�ed by Firm;
Can-�er Utilify Services, L�C prorrides turnkey efectrical substation and
main�enance work as wei! as foundation ser�ices for transm�ssion fine p�ojects.
In addition, we a�so provide eiec�rical dis�ributior� o�erhead and underground
services.
�lease provide a deiailed listing of afl services that yo�r eo�npany provides.
Alease see attached brochure.
Please detai{ ynur prior �xper�ence working fln s�milar projeets with Texas gavernmentaf
entlties,
Please see the attached projects list and references.
Pleas� detai! yaur similar services provided over the �ast two (2) years.
Pfease see the attached pro�ects Ilst.
petail doct�mented proaf of ai �east three (3) projects iEi the past two (2) years.
Please see the attached projects IEst.
PEease detail these services, incfuding, the nature of t1�e sarvices provided, the scope of t�e
actEvities, the or�anlzations far wh9ch the services were provlded, ihe dates af the
projects, and the docum�nte� benefit ta the governmental entity.
please see the attached projects list.
i:»��s�ya
Exhibit G
Contractor's Proposal
�„�€�°� � .
�c�A�.��T� F E R :
2Q. Has yoitr conipat�y filed or been i�ai�ted in atay litigation invol�tJing y��lz compa��y a►id ti�e
Owz�er ot� a con#iact lvitl�in the last five years t�nder your ciirre��t cornpaz�y name o�� at�y
o#I�er compaz�y nam:e? If so pzovide details oftl�e isst�es and resalutic�n. if available. Ineh�c�e
laws��zts where Ovsrnez• was invol�ed. No��mal course af busi��ess.
21. please ���ovic�e at least (3) #liree z�e£e�e�ces {�jt�efej�«�r.�� ��rt�,��������r�r�eSJ and cantract
atnounts, Ii1clu�e }�roject description, co��tact nam�es, positian, and organizatio�� na��ie atzc�
tele�hane iit��nber for eaeli r�fei�e�ace listed. Please see attacli���e�ut r.
2z. Have you ever c�e�a��ltec� on or failed to eonl�le#e a coritract u��cicr ya��r cuerent com�a��y
n�me or any nther eotnpa��y iiaine? If so, ��T�eie and ��iy� Give ��ar��e and felepl�one izt��nba�
oi Owner. No,
23, Have you ever had a contract terinin�tted b�� the �wne�•`7 Xf so, where �nd vvhy? Give name
at�d telephone ��u�nbe� (s) of Qw�ier (s). No,
2�I. Has yot�r compan3r im�le�iaent�d ai� �in�loyee Healtli anci Sa£ety P�o�r�in cori�X�liant �vitf� 29
CFR 19I0 "Ge��e�•al indus#ry Standa�•c�s" andlar 29 C�R 1926 "Genez�al Co��stx«etiot�
�tar�dards" as they apply to yaur Ca�pat�y's custon�ary activiiies?
htt :flwww.osha. ov! lsfoshaweblowasrch.search farm? doc t e=STANDARDS
&� toc lev�l�'i & lteVvalue=1926
Ple�ise see ;�ttaehec� ac�ditlo�ial sa£e�y it��ormatio��.
25. Please state the liability �nd other insuranc� coverage(s) that wil! be provided for this
project. �
Pfease see attached insurance certificate showing co�erages pravlded.
z6, Please indieate the tatal number af projects your Firm has un�erta!<e�i within the last five
years?
a. Can-Fer's �oundations and S�bstations division has completec� o�er 2UU projects
within the fast fiue years with a combined ualu� of over ��.25 Million.
A�p�oximately haif these prajects and project value are associated wlth
substation wark.
9
i:»��s�ya
ORDINANCE NO. 2013-
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF ELECTRIC SUBSTATIONS FOR
DENTON M[_JNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITLJRE OF FLJNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5142-AWARDED TO CAN-FER
UTILITY SERVICES, LLC IN AN AMOLJNT NOT TO EXCEED $16,560,000).
WHEREAS, the City has solicited, received and tabulated competitive proposals for the
constniction of public worlcs or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein-described proposal provides goods or services at the best value for the City for the
constniction of the public worlcs or improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposal for the constniction of public worlcs or
improvements, as described in the "Request for Proposals" or plans and specifications on file in the
Office of the City's Purchasing Agent, filed according to the bid number assigned heretq are hereby
accepted and approved as being the best value for the City:
RFP
N [_JIVIBER CONTRACTOR AMOUNT
5142 Can-Fer Utility Services, LLC $16,560,000
SECTION 2. The acceptance and approval of the above competitive proposal shall not
constitute a contract between the City and the person or entity submitting the proposal for
constniction of such public works or improvements herein accepted and approved, until such person
or entity shall comply with all requirements specified in the Notice to Bidders including the timely
execution of a written contract and the furnishing of performance and payment bonds to the City, and
an appropriate insurance certificate after notification of the award of the bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constniction of the public worlcs or improvements in accordance
with the proposal which is accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Bidders and Request for Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to talce any actions that may be required or pernutted to be performed by the City of
Denton, Texas under RFP 5142 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposal and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner, and in the amount as specified in such
approved proposal and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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7-ORD-RFP � 142
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 12, 2013
Materials Management
Bryan Langley
���.
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of sanitary sewer root control services from
Duke's Root Control, Inc., which is available from only one source and in accordance with
Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the
requirements of competitive bidding; and providing an effective date (File 4553-Purchase of
Sanitary Sewer Root Control Services for the Wastewater Collections Department in the annual
estimated amount of $90,000 for a three year total not to exceed $270,000). (The Public Utilities
Board approved this item by a vote of 5-0).
FILE INFORMATION
The Wastewater Collections department has been using root control services from Duke's Root
Control, Inc. (Duke's) since 1998. The root control program was initiated to control the root
penetration of sewer lines that results in cholces, baciciips and sanitary sewer system overflows.
Television inspections, sewer line baciciip history, and tree canopies located in the vicinity of the
sewer lines, determine which sewer lines become candidates for root treatment. The proposed
root control services are conducted throughout the City of Denton's sanitary sewer gravity mains
in various locations. The proposed work to be completed by Duke's will assist the City of
Denton in routine maintenance that surpasses the current Wastewater Collections resources
without compromising routine maintenance in other critical areas of the Sanitary Sewer System.
The root control services will also contribute to the longevity of City of Denton wastewater
assets by increasing the life and efficiency of pipe flow. This will help in meeting State and
Federal government regulatory requirements.
The products used by Duke's include patented advanced technology which is available only from
one source (Exhibitl-Sole Source Letter). Chapter 252 of the Texas Local Government Code
exempts from the competitive bid process, those supplies and resources protected by copyright or
patent and available from only one source. The price schedule submitted by Duke's matches
their Buy Board contract pricing (#354-10). The pricing is included in the attached contract
(Exhibit 2).
Agenda Information Sheet
Febniary 12, 2013
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 28, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award to Duke's Root Control, Inc. in the annual estimated amount of $90,000 for a three year
total not to exceed $270,000.
PRINCIPAL PLACE OF BUSINESS
Duke's Root Control, Inc.
Syracuse, NY
ESTIMATED SCHEDULE OF PROJECT
The contract term will be for one (1) year, with the option to renew for two (2) additional one (1)
year periods.
FISCAL INFORMATION
This item will be ordered on an as needed basis. The root control services will be funded from
Wastewater Collections operating budget from account 640200.6334.
EXHIBITS
Exhibit 1: Sole Source Letter
Exhibit 2: Contract
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
�' � �-�;�- _
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-File �»3
July 14, 2010
Exhibit 1
Home Office
1020 Hiawatha Blvd. West
Syracuse, NY 13204
SEWER ROOT CONTROL PRODUCTS
Mr. Justin Diviney
Field Supervisor
City of Denton
901-A Street
Denton, TX 76209
RE: Razorooter II(R), Patent and Licensing Information
Dear Mr. Diviney:
Phone: 315-472-4781
800-447-6687
Fax: 315-475-4203
RAZOROOTER� II, which contains the active ingredient diquat dibromide ("diquat"), is a
proprietary product of Sewer Sciences, Inc. RAZOROOTERO II is the only diquat-based, sewer
root control product that is registered with the U.S. Environmental Protection Agency (EPA
Registration No. 64898-8) and the Texas Structural Pest Control Board.
RAZOROOTERO II incorporates the use of patented technology (see, "Method for Controlling Root
Growth Using Diquat Dibromide," US Patent # 5919731 issued July of 1999). This technology
provides the most advanced means of controlling tree roots in sewers that is available today.
At the present time, Duke's Root Control, Inc. is the only commercial applicator licensed by Sewer
Sciences, Inc. to apply RAZOROOTERO 11 in Texas. Duke's is registered with the Texas Structural
Pest Control Board, and Duke's applicators are certified with this same agency to perform pesticide
applications to sewers.
If you have any questions or require additional information please contact me at 1-315-472-4781
Respectfully,
�
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Exhibit 2
CONTRACT BY AND BETWEEN
CITY OF DENT�N, TEXAS AND DUKE',S CONTROL, INC.
I'ILE �553
THrS CONTRACT is mac�e and entered inta this day oF A.D., 20 ,
by and beriveen Duke's Root Co�rtrol, Inc, a carporation, �vhose ac[dress is 1020 Hiativatha BI�d.
West, Syracuse, NY I320I, hereinafter �•eferi•ec[ to as "Contractor," and the C�TY OF
DENTON, TEXAS, a hane ��ule municipal coiporation, hereinafter referted to as "City," to be
effectE�e upon approval of the Denton City Council and st�bseq��e�t execution of this Cant�•act by
the Denton City Manage�• or his d��ly authorized desi�nee.
For and in consider�tion of the covenants and agceements contained he�•ein, and for the
mutual benefits to be obtained here6y, tlie parties agi•ee as follo�vs:
SCOPE OF SERVICES
Contractor shall provide producks and or services in accardance with the Contractor's
propasal in response ther�ta, a copy of �vliich is attached hei•eto and incorporated he�•ei�� £or all
pt�rposes as Exl�ibit "E". The Contract consists of this �viitten ag��eeinent anc� tlie fotlor�ittg
itecns rv�ich are attached hereto and incorporated herein by z�efe�ence:
(a) City of Denton Sta��dard Ter�r►s and Conditians (�xhibif ��A");
{b} Special Terms and Conditians {E�liibit `B");
(c) insuc�ance Requirements (�xi�ibit "C");
{d} Farm CIQ -- Conflict af Interest Questionnaire {E�hibit "D");
(e) Conti•acia�•'s Praposal. (Exl�ibit "E");
These documents make up the Contract doc��ments and �vhat is cailed far hy one shall be
as binding as if called for 6y a1L In the event of an inconsistency o�• canfliet in auy of the
provisians of tlZe Contract documents, the inconsistency or conflict s1�all be t•esotved hy giving
precedence first to tiie rv�•itten agreement theti ta the contract doeuments in the o�•der in which
they are listec� a6ove, These c�ocumants sha11 be referred to collectively as "Contz•ac�
Docurnents."
File #�553 Page 1 of 27
IN WI'I'NNSS W:HEI�E:CJ�, the pa�-ties c�fthese pz�esenis have exec��ted �his ag►•eement in
the year and day firsi above wt�itte�X.
�.TTEST:
JEN�IFE�. V'✓A�,'I'ERS, CTTY ��",CEt�;TATtY
:
AF'F'R{7VEL} A�S 'I'U L,�CiAL k'ORM:
ANrTA BURGESS, CITY ATTOR2a1;Y
:_
C4�TE22AC C1R
��
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13 Y: __ "�� "°� � �.�_._ �. �____ __
,AtJ �l:C1IZ.IZED S�GNATUR�
l�ate;
��;��: William J. Andersan
`�";���, Vice President
315-472-4781
P�-IC}N� T�I`fJIvIBER.
bill(�;ia dukes.com
_ .._.. ----- ....
�MAIL ADDRESS
CITY C1I+" D�NTC3N, TE�S
�3�L'»
��Ut2.G{: C. C;AMF'E3�;LL, C;t`I'Y iviAt�lA�ER.
]aate:
Fi1e # 4553 Page 2 c�f 2?
Exhibit A
Standa�•d Purchase Terms and Co�iditions
These standard Tertns and Canditions and the Terms and Conditions, Speci�'ications, Dt•a�vings
and other requirements incll�deci in the City's solicitation are applicable to Cont�•acts/�'L�rchase
Orders issued by the City hereinafter referred ta as the City or Bt�yer and the Setle�• herein after
referred to as the Bidder, Co�-►tractor or St�pplie��, Any cieviations must be in rvriting and signec(
by a repz�esentat�ve of the City's Procurement Department and tf�e Supplier. No Terms and
Conditions contained in the Sellers Solicitation Response, Invoic� or Statem�nt sllall seive to
madify the terms set �orth hereiii, If there is a conflict between tl�e pzavisions on the face of t�ie
ContractlP��rchase Order these written provisions �vill take precedeilce,
By submitting a►� Offer in response to the Solicitaiion, the Coni�•actor agrees that tlie Cont��act
shall be governed 6y tiie follawin� terms and conditions, unless e�c�ptions arE duly not�d and
fi�lly ijegotiated.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fi�lly snd timely provide all
deli�era6les descri6ed in the Solicitation and in the Contt•actoE�'s 4ffe► it� strict accordance �vith
the terms, covenants, and conditians of the Contract and all applicab]e Federal, State, and local
laws, r��les, and reguIations.
2. EFFECTIVE DATE/TERi�. Unless otllerwvise specified in the Solicitation, this Contract
sha�l be effeetive as of the date the cantract is signed by the City, and shall cor�tinue in effect
u�rtil all obligat�ons a��e pez•formed in accordance wit�� tl�e Contract,
3. YNVOYCES:
A. The Contractor shall su6mit separate invaices in duplicata on each pt�rehase orde►� or pi�rchase
r�Iease after each delivery. If partial shipments or deliveries are au#ho�'ized by the City, a
separate invoice must be sent for each shipment or delivezy �ade.
B. Prope�� I��voices tr�ust i�fclude a unique invoice number, the �urchase order or deliveiy
ordey� �iumber a�id tlfe inaster agreament number if applicable, the Departmeixt's Name,
a�icl the ��azne of the poia�t oi coirtact for the Departmerit. In�oices shall 6e itemized and
transpof-tation charges, if any, shall be listed separately. A copy of the l�ill of lading and the
fi•eight waybill, �vhen applicable, shall be attached to the ir�voice. The Contc�actor's na�ne,
remittance address and, if applicable, the taY icfentification nt�rribe�• on the in�oice must exactly
mateh the inforjnation in t1�e Venc�or's registration with the City. Unless other�vise instr�tcted in
w�•iting, the City may ��ely on the t•emittance addz•ess specified on the Contractar's invoice.
C, Invoices far labor shall include a eopy of all time-skeets with trade labor rate and detivei�ables
order number clearly icienti%ed, Invoices shall alsa include a tabulation of work-hot�rs at tl�e
appropriate rates and grouped by wo�•k order n�irriher. Titne billed for labor shall be limited to
hours actually wor�Ced at the �vork site.
D. Uniess othe�tivise ex�ressly a�ihorized in the Contract, the Contractor sh�ll pass through all
Subcontract and ot��er authorized expenses at actt�al cost without mai•kup.
E; Fecieral excise taYes, St�te taYes, or City sales taYes must nat be incllicied in the iz�voiced
amounf,
The City will furnisl� a tax eYemption certificate upon rec�uest.
File # 4553 Page 3 0€27
4. PAYMENT:
A. All proper invoiees need to be se�lt ta Acco�ints Payable. Approved invaices will 6e paid
�vithin thii�ty (30) calendar days of t�ie City's receipt of the deliverables or of t��e invoice being
�•eceived in Accounts Payable, whichever is Iater,
B. If payment is iiot tiniely made, (per paragraph A); inte��est shall accz•ue an tl�e u��pazd
baIa�ace af the lessej� of tlie j�ate specif'ied in Texas Government Coc�e Secfion 2251.025 or
the n�aximuni la�vfi�i �•ate; except, if paymez�# is z�ot timely mat�e for a��eason fox� wliich the
Cify i;iay �i�itlihold p�yn�e��t hereinider, i�iterest sliall not acci�ue lllltl� iBll (�0) calendai•
days afte�• t��e gx�ou�ads for withlioldir�g payment have �aeen reso�ved.
C. If pa�-tial shipments or deliveries are autnorizecE by the Ciry, the Contracior will be paid for tl�e
partial shipment or delivery, as stated abov�, provided that the invoice matc}�es the shipment or
deliveFy.
D. The City may withhold or set off the entire payment or parf of any payment otheiv,�ise c[ue the
Cont�•actor to such ex#ent as may be necessary on account of:
i. delivery of defeetive oz• non-confoz•ming delzveRables by the Contractor;
ii. thirci party claims, which are not covered by the insurance wliich the Contracto�• is
t�equit•ed to
provide, a�•e filed or reasona6le e�idetice indicating pro6able filing of sueh cIai�ns;
iii. iailure of the Contracto�• ta pay Subconti•acto��s, or for labor, materials or eqiiipment;
iv. damage to the p��ope�ty afthe City oz• the City's agents, employees or cant�•actors,
�vhieh is not cor�ered by insurance requirec[ to be provided by tl�e Cont►•actar;
v, reasanable evidence that the Contracto�'s obligations tivilf not be compl�ted �vitltin the
tirne specified in tl�e Contract, and that t�e unpaid balance would not be adec�uate to
cover actual or liqt�idated damages fo�• the anticipated c�elay;
vi. failure of the Contractoi• to st�bmit p�'oper invaices �vitli p��rchase order rnimber, tiviii�
all required attachments �nci supporting documentation; or
vii. failure of the Contractor to comply with any material pi•ovision of the Contract
Docurnents.
E. Notica is hereby given that �ny awarded Contractor who is in art•ears to t�1e City foz� de�inquent
taxes, the City may offset indebtedness atived the City th�•ot�gh payment withliolding.
F. Payrr�ent �,vill be made by check ttnless the pai�ies m�ttually agree to payment E�y credit card or
elee#ronic tt•ansfer of fu�lds. The Contractor agrees tliat there shall be no additional chai�ges,
surcllarges, or penalties to the City for payrnents made by credit cat•d or electrot�ic fi�nds tt•ansfer.
G. The awarcfitig or continuatiou of this contract is dependent upon the availability of f�Ending.
Th� City's payment obli�ations are payable only and solely fi•om fiinds Appi�opi•iated and
available fo�• this contract. The abseiice of Appro�riated or other la�vfully availa6le fiinds shall
render the Contract null anc[ �oic� to the eYtent funds are not A�propriated oz• available and any
deliverables delivered 6ut unpaici shall be retu�ned ta the Cor�tractor. The City shall pt•ovide the
Contractor �vritten notice of the failu��e of the City to rnake an adequate Appropriation for any
fiscal year to pay the amouttts due iinde�• the Contrac�, o�� the t•eduction of any Appropriation to
an amotint i�suf�cient to pe�'mit the City to pay its obligations ��nder the Contract. In the event of
none o�� inadec��iate appropriation of funds, the�•e will be no penalry nor reinoval fees charged to
the Ciky.
5, TRAVEL �XPENSES: All travel, lodging and per diem e�penses in connection with the
Contract s��all be paic{ by the Contzactor, unless othe��,vise stated in th.e cont�•act kerms. �
Fiie # �553 Pa�e � of 27
6. FINAL YAYMENT AND CLOSE-OUT:
A, If a DB�/MBE/WBE program Plan is agreed ta and the Contractor iias identi%ed
St2bcontractors, tl�e Contractor is rec�uired to submit a Contract Close-Ot�t MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar d�y after
co�npletion of alI �,vo��k tinder the cont��aet. Fitaal payanent, retainage, o�• both inay be witlihe�d if
t]ie Contractor is nat in co�npliance with the rec�uiremeiits as accepted by the City.
B, Tl�e making a�id acceptance of iinal payment �vili constitute:
i. a waiver of all claims by tlie C�ty against the Contractor, except claims (1} �vhich have
been previously asse��ted in writing and not yet settled, (2) arising from defective tivark appe��ing
afte�• final inspection, (3) az�ising frorn failure of the Contractor to comply with the Contract or
the terms of any rvart�anty speci�ied lierein, (4) at•isi�ig frorn tlie Contraetoi�'s continuing
obligations uf�der the Conteact, including but ►�ot limited to indemnity and r,var�•anty obligations,
o�• (5) arising t�nder the Ciiy's rigfit to auc�it; and ii. a�vaiver af all claims by the Coi�tractor
against the City other than those previously asserted in writing and not yet settled.
7. ItIGHT TO AUDIT:
A. The City sl�all have the �•ight to audit aud make copies of tl�e 600ks, reco��ds and coinputatians
pertaining ta tt�e Cotttract. The Coaitzactor shall retain such books, �•ecords, documents and other
evidence pe��taining to the Contract period and itve years thereafter, aYCept if an audit is in
progress or audit �ndings are yet l�nresalved, in �vllicn case recoi�ds shall be kept €�ntil aIl at�dit
tasks are campleted and �•esolved. Tiiese 600ks, records, doeuments and other evic[ence shall be
available, �vithin ten (10} business days af wriften request. Further, the Contractor shall also
req�ii�•e all StEbcontractors, material suppliers, and other payees to z�etain all books, recoc•ds,
docliments and otller evicle�lce pertai�ling to the Contract, and to allow the City similai• access to
thase documenis. All books and records �vill be �nade available within a 50 mile radius of the
City of Denton. The cost of the a�dit �vill be borne by the Ciry t�nless the audit reveals au
overpayment of 1% o�• greater. If an avei•pay�nent of 1% or greatet• occurs, tlie �•easonable cast of
the a��dit, including any travel eosts, must be 6orne by the Contractor which ml�st be payable
within %ve {5} business days of receipt of an invoice.
B. Fai�tire to comply with the p�•ovisions af this seetion shail be a mate��ial breaeh af #h� Contract
and shall constiti�te, in the City's sole discretion, grounds for termination thereof, Each of tlie
terms "books", "recards", "documents" and "other evic�ence", as used above, shall be construed
to inchide drafts and electronic filas, even if sucli drafts or electranic fiI�s ar� subsequ�ntly used
to generate o�• prepa�•e a�nal p��inted document.
8. SUBCONTRACTORS:
A. If the Contractor identified Subeontc�actoz•s in a llBEIMBE/WBE agreed to Plan, the
Cont►actar shail eompiy with ali requiremants approved by the City. The Cont��aetor si�all not
initially employ any Subconkractor except as provided in the Contractor's Fian. The Cor�tractor
shail not substitute any Subcontractor identified in the P1an, unless the st�bstihEte has been
accepted by the City in writing: No acceptance by the City of any Subcontrac#or shall constitute
a tivaiver of at�y rights or reineciies of the Ciry witli respect to defective de�iverables p�•ovided E�y
a St�bcontractor. If a Plan has been appraved, the Cot�tractar is additionally required to submit a
nr►on#l�ly SL�bcor�t�•aet Awaa�ds and Expendit�a��es Repoz•t to the Procurement Nianager, no Iatez• _
t��an the tenth calendar day of each month.
B, Wo��k �eefo��med fo�• the Cantc•acto�� by a S��bcontz•acto�• shail be p�irsuar�t ta a�vz•itten contract
betrveen tiie Cantractor and Subcontractor. The terms oF the subcontract may not conflict r�vith
the terms of the
Fi1e # 4553 Page S of 27
Contract, and shall coi�tain provisions t�at:
i. require that al� cfeliverables to be provided by the Sttbcontractar be provided in stt•ict
accozdance with the p�•avisiot�s, specifcations and terins of the Contract;
ii. prohibit the Subcontraetor fi•flm fii��ther siibcontrac#iug any portion of tlie Contract
�vithout the prior written cansent of the City and tl�e Cont��actoz•. The City may rec�txire, as
a condition to such fi�rther subcontracting, that the S�ibcont►•actor post a payment bonc� in
form, substance and amount aeceptable to the City;
iii. req��ire Subco�ltrac�ors to, submit all invoices and applications for payments, ineluding
any ciaims for additianal payments, damages o�• otherrvise, to tlle Contractor in s�ifFicient
time to enable tne Cont�•acto�• to inell�de sa�ne wit�i its invoice o�• applicatia�i for payment
to the City in �ccordance ��ith the terms of the Contract;
iv. rec�E�ire that all St�bcontraetors obtain and �naintain, througholit the te��m of theiz•
contz•act, ins�irance in the type and atnounts specifiect for tl�e Contractor, wiih the City
being a named ins�ired as its inte�•est s�all app�ar; and
v, require that tlie S��bcontraetor indemnify and hold the City �iat'mless to the satne e�tet�t
as kne Contractar is required ta incfemniFy tne City,
C. The Contractor shall be fuily ras�onsi�le to the City for all acts and omissians of the
Subcont�•actors jtfst as the Co��tt•actat• is ��espot�sible faz the Contractor's own acts anc� omissions.
Nothing in the Contract shall c��eate for tlie benefit of any sttch Subcontractor any con#ract�ial
relationsnip between tlie City and any such Subcantractor, nor sliall it create any obligation on
the pa�-t of tlle City to pay o�• to see to the payme�it of any mo��eys due any such Su6contractor
e�cept as may otlierwise be rec���ired by law.
D. The Contracior shall pay each St�bcont�•actor its apprapriate share of p�yments made to the
Co�itractor not later than ten (10) calenc�ar days after i•eceipt af �ayinent ft•om ti�a City.
9. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer ai•e na highar than tha Contractot�'s
et�rE•e�it prices on ordars by athars for like deliverables unde�• similar terms of pt�rcl�ase,
B. The Contractor ce�-ti�es that tlte p�•ices in the Offer have been arrived at inc[ependently
withot�t const�ltation, communication, or a�reetr►ent for tne purpose of restricting competition, as
to any Inatter rela#i�ig to such fees with any other Contractot• or �vith any competitor.
C. In addition to any othe�� t•emedy available, t�ze City may deduct from any amot�nts oweci to the
Cont�•actor, dl' Ot�l£1'Wf5£ recover, any amo�a��ts paid for items in e:�c�ss of the Cantractar`s
c�i��rent p�•ices on orc{ers by ot�ers for like deliverables �ande�� simiiar te��ms of pu��chase.
10. WAItI2.ANTY — SERVICES: The Contractor war�ants and �•epz�esents that all services to be
provided the City �inder the Cantract wili be fi�lly and timeiy perfarined in a good and
worfctnanlike manner in accordance with ge�ierally accepked industry standacds and practices, the
terms, conditions, and cavenants of the Contract, and all applicable Federal, State and local laws,
rules or ragulations.
A, Tlie Cont�•actot� may not limit, exciude or disclaim the foregaing warranry or any warranty
implied by law, and any attempt to do so shail be without force ar effect.
_ B. Un�ess otherwise s�ecified in tne Contraet, the wa�•��anty period shall Ue at least one yeai• fr•om
the Acceptance Date. If cluri�ig the warranty period, one or more of the abave warranties are
breached, t�ie Contractor shall promptly upon x•eceipt of dernand pe�•foznn the se��iees again in
aceardance tivith above star�dard at na aclditianal cost to the City. All costs incidental �o such
additionaf pe�•formance shall be borne by the Cantractar, The City s�ta11 endeavor to gzve the
File #�553 Page 6 of 27
Contractar �v�•itten notice of the b��each of warranty �vithin thirry {30) calendar days af discovery
of the breach war�-anty, but failt►re to give timely notiee shall not impai�• the City's rights under
this section.
C. If the Contractor is unable oc unrvilling to perform its services in acco�dance ��vith the above
sta�idard as rec�uired by tiie Ciry, then in addition ta any otller a�ailable remedy, tl�e City may
reduce t�e atnount of seivices it may b� z�eqL�ired to put•ehase under t��e Cantract fi•om the
Cont��actor, and ����rchase canforming services fi�om otEter sources. In sueh event, tlxe Contracto�•
shall pay to tlie C3ty L�pon derna��d #he increased cas#, if any, incurrec{ by tl�e City to proct�re such
ser�ices fi•om another sot�rce.
1l. ACCEPTANCE OF �NCOMPLETE OR NON-CONI'ORMYNG DELIV�RABLE�: If,
instead of reyi�iring imm�diate cortectian or remaval and replacement of defective or noai-
co��fo�•rning deliverables, the City p�•efers to accept it, the City may do so. The Contractor shall
pay a�l claims, costs, losses and damages attribt�table to the City's e�aluation af and
determinatior� to aceept such def�ctive o�• non-conforming deliverables. If any sucti acceptance
occurs priar to �3�a1 paymet�t, the City may deduct such amoi�nts as are necessary to compensate
the City for the diminishec[ val��e of the defective o�• 1�ott-confo��ming deliverables. If the
acceptance accu�'s after fnal payment, si�ch amo��nt will be refiinded to the City by the
Contractor.
12, RIGHT TO ASSURANC�: tiVhenever one party to the Contract in good faith has reasan ta
question the other parry's intent to pe�•form, demand rt�ay be made to the o#her party for written
assurance of t��e 'rnten� to parform. In the event that no assurance is given �vithin the time
speciiied after derztat�d is made, tlte demanding party may treat this �'�ilure as an anticipatory
►�epudiation of the Cont�•act.
13. STOP WORK NOT�CE: The City r�ay issue an immediate Stop Work Notice in the �v�nt
the Conti•actor is observed perfo��rr�ing in a manner that is in vioIation of Fede��al, St�te, or local
gtiidelines, or in a manner that is determined by t��e City to b� unsafe to either life or property.
Upon notification, t��e Cotatractor �vill eease all tivork u�ltil notified by the City that the violation
or i�nsafe candition l�as been corrected. The Contt•actor s��all be liable fo�� all costs incttrred by
tlie City as a z•esult of the issuance of such Stop Wflrk Notice.
14, D�FAULT: Ti�e Contractor shall be in default tmder tne Contr�ct if the Contractor {a) fails
to fi�lly, tinnely and faithfiilly perform any af its rriaterial obligations under the Contract, (b) fails
ta pravide adequate ass�irance of perFarmance under Paragraph 2�, (c) becomes insolvent or
seeks relief l�nder the bankruptcy laws of the United States or (d} makes a material
misrepresentation in Contraetor's Offer, oz in any repoe-t o�• deliverable requirecf to be su6mitted
by the Contractor to the City,
15. TERNIINATION FOR CAUSE: In the event of a default by the Contt•actor, the Ci#y shall
have tt�e cight to te�•minate tiie Contract for ca��se, by written notiee effeetive ten (10) calendar
days, unfess otheitivise specifed, after the date of sucl� notice, unless tlie Contracto��, �vithin s�ich
ten (10) day period, eures such defau�t, ar_pi�ovides evidence sufficient to prove to the City's
reasonable satisfaction that sucl� defattlt does not, in fact, exist, In addition ta any oth�r ���medy
available under ia�v or in equity, the City sha11 be en#itled to recover all actual damages, costs,
losses and e�penses, incuz�red by the City as � result oi the Canti•ac�or's dafaiilt, including,
withaut limitation, cost of cove�•, reasonable a�#orneys' fees, court costs, and prej�zdgrnent and
File # 4553 Page 7 of 27
post jtidgn�eni interest at the maximum lawful rate. Additio��ally, in the event of a de£altit by the
Contractor, the City may ��emov� the Contractor from tl�e City's vendor Iist for th►•ee (3) years
and any Offer subrr�itted by the Con#�•actoz• may be disc�ualified for up to three (3) years. All
rights and remedies unde�• the Contract are ct�m�lative and are not exclusive nf ar�y other rig�it or
rertxedy provided by law.
16, TEItN1INATION WITHOUT CAUSE: The City shalt have t�e right ta ter�ninate tfie
Contract, in whole or in part, tivithout cau�e a�ly ti�r►e upo�l thi��ty (30) caler�dar days' prior tivritten
notice. Upon receipt af a notice of tern�ination, t31e Contractor shall prornptly cease all fin�thez�
�vozk puz'st�at�t to the Conteact, �vikh sucli exceptions, if any, speci�'ieci in the notice of
termination, The City sl�all pay the Cantractor, to the e�tent of fiinds App�•op��iated o�• other��ise
le�ally available €or sucli purposes, for ail goods c�elive��ed and sarvices �erfarmed ancE
obligations i��cut�z'ed pzio�' to the date of termination in accordance �vith t�ie terms hereof.
17. FRAUD; �'raudt�lent statements by the Contractor on any Offer or in any repot�t o�•
deliverable required to be submi�ted by the Contracto�• to the City shall be grounds for the
terminatian of the Cont�•act for cause by the City and may result in Iegal action.
18. DELAYS;
A, The City may delay scf�eciuled deliv�ry ar other due dates by written notice to the Contractor
if the City c�eems it is in its best interest. If such delay caE�ses an increase in the cost of the work
��ndar the Contract, the City and the Contractor shall negotiate an eq��ita�le adjt�stment fo�• costs
incucred by the Contraetor in the Contract �rice and e��cute ati a�nandment to the Contract, The
Contractor �nust assert its right to an adjt�sfnaent within thirty (30) ealendar days fi•om the d�te of
receipt af the notice of delay, Failure to agree an any ad,�usted price shall be �andled under tl�e
Displtte Resaltttion p�•ocess speci%ed in paragraph �9, Hawever, nothing in this provision sliall
excttse the Cont�•�ctor fro�n delaying the deIiveiy as notified.
B. Neither pai•ty slZall be liabla for any defa�ilt oc delay in the performance of iks obligations
ttndez� thzs Con#t•act if, �vhile and to the eYtent such default or delay is ea�ised by acis oF God, fre,
riots, civil commation, labor disruptio�is, sabotage, sovei•eign cor►duct, o�� any othet• cause beyand
tlie reasonable control of such Pat�ty. In the event of defa��lt o�• delay iu contract performance due
ta any of tlie �o�•egoing causes, then the time for completion af t�e services will be extended;
provided, l�o�vever, in such an event, a canference �vill be helci wit�in th�•ee (3} business days to
establish � m�itually agreeable period of time reasauabIy �iecessaty to overcome the effect of
st�ch fail��re to perforxn.
19. INDEMNITY;
A. De�nitions:
i, "Indemuified Claims" sY�all incIude any an� alt claims, demands, suits, causes of action,
j��dgments and Iiability of every c���racte��, type or descriptian, including all reasona6le
costs and expenses of litigation, mec[iation or other aiternate dispute resolution
tx�ecl�anism, �ncluding attorney and other professianal fees for: (1) damage to or loss of
the property of any person {including, but not limited to the City, the Cont��actot•, tlleir
�•espective agents, ofiicet•s, employees and subcontractors; tlie office��s, agents, and
employees of such s��bcont�actors; and tY►ird pa�-�ies); and/or (2} death, bodily inji�ry,
illness, disease, worker's compensation, lass of sei��ices, o�• loss of incotne o►' wages to
any person (includiz�g but not litnited to #he agen#s, ofiice�s and employees of the Ciry,
the Contractar, the Contracto��'s subcontractors, and third parties}, ii, "Fat�ft" shall include
File # 4553 �'age 8 of 2'1
the sale of defective or non-conforming dalivei•ables, negligence, �villfiil �nisconduct or a
breach of auy legally imposed strict liability stat�da��d.
�3. THE CONTRACTOR SHALL DErEND (AT THE OPTION OF THE C�TY),
INDEMNITY, AND HOLD THE CITY, �TS SUCCESS4RS, ASSYGNS, OFFICERS,
EMPLOYELS AND ELECTED OFFICIALS HARi��LESS FROM AND AGA�NST ALL
INDEi1�INIFIED CLAIMS _ DIRECTLY ARYSYNG OUT OF, INCID�NT TO,
CONCERNING OR ItESULTING FROM THE FAULT OF THE C�NTRACTOR, OR
THE C�NTRACT4R'S AGENTS, EMPLOYE�S OR SUBCONTRACTORS, IN THE
PERFORMANCE OF TH� CONTRACTOR'� OBLrGATION� UND�R THE
CONTRACT, NOTHING HEREIN SHALL I3E DE�vI�D TO LIMIT THE RIGHT,S OF
THE CITY OR THE CONTRACTOR (iNCLUDING, BUT NOT LINfITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAIN�T ANY THIRD PARTY WHO IVrAY BE
LTABLE FOR AN INDEMNIFIED CLAIM.
20. INSURANCE: The following insttrance requiz�ez�ents are applicable, in addition to the
specific insuratice req��ireme��ts detailed in �XHIBIT C The successfit� Coniracior shall procure
and maintain insut�ance of the types and in the �ninim�m amounts acceptabl� to the City. The
insu��ance sha[l be rvritten by a company licensed to do busi�iess in the State of TeYas a��d
satisfacta�y to the City.
A. General Requirements:
i. The Contractor s��all at a minim�am carry insurance in the types ancl atxto��nts indicated
and agreed to, as submittec� to the City and approved by th� City �vithin the p�•ocurement
pracess, for the duratiot� of tlie Contract, izlct�ading eYtension optians and hold over
periods, and dizring any warranty period.
ii. The Contt�actot• shall provide Cei�ificates of �nsurance ��ith th� eove�•age's attd
endo��sements reqtii�•ed to tlle City as �verification of coverage prioz� to cont��act exectation
and �vitliin fourteen (14) calendar days after written rec�uest from the City. Failure to
provide the �•equiz•ed Ce�-ti�cate of Insurance may subject the Offer to disqualificatian
from consideration for arvard, The Contracto�• must also foi�,�va�•d a Ce��ti�cate a£
�ns�it�ance to kne City wheneve�• a previously identi�ed policy period has expired, or an
extension option o�� hold ovet• pet•iod is exercised, as verification of continuing cove��age.
iii. The Cont��actor shali not com►nence �vork �intil the required inst�rance is obtai��ed and
ttntil such insurance has been reviewec� by the C[ty. Approvai of insurance by t�e City
shail not relie�e or decrease tlie liability of the Contt•acto�• �►ereiander and shall not be
construed ta be a limitation of liability on the part of t�e Contractor.
i�. The Coz�tracto�• rnust sL�brr�it cei�tificates of inst�rance to the City for all subcontractors
priar to the subcont�•actors commencing work on the project.
v. Tk�e Contractor's anc{ all s��bcantraetors' insurance coverage shall be written by
companies licensed to do bi�siness in the State of Texas at the time the palicies are issuec�
and shall be �,�vritteu by cotnpanies wit�i A.M. Best ratings of A- VII ar better. The Ciry
�vill accept workez•s' compensation coverage �vri#ten by tlie Texas Wor3cers'
Compensatiott Insurance Fund.
vi. All endarsements naming the City as ac�ditional insu�•ed, �vaivers, anci notiees of
eancellation endorse�nents as wel� as the Cez-ti�cate o� Jnst�ranee shall contain the
solicitation i�urn6er and the follawing i�iformation:
City of Denton
11�iate�•ials Management Department
File #�1553 Page 9 of 27
901 B Te�as Street
Denton, TeYas 7b209
vii, The "ather" insui•ance cla�ise sl�all not apply to the City �vhere the City is an
additional insured show�i on any policy. It is i►�tended that poiicies required in th�
Contract, covering 6oth the City and tlie Contractor, shall be considet•ed pt�irraat�y
eoverage as applicable.
viii, If inst�rance po]icies ara not wr�tten far amau��ts ag��eec{ to with the City, the
Cot�tractor shall carry Umbrella or Excess Liability Inst���at�ce foz• any differe�ices in
amounts specifiecl. If E:�cess Lia6ility Insurance is provided, it shall folla�v the form of
tt�e pri�naiy coverage.
ix. The City sl�all be entitled, upon request, at an agreed upon location, and without
expense, to i•e�vie�vi cet�ti�ed copies of policies and eiidorsements thei�eto and may make
any reasonable requests far deletio�l or cevision or modi�cation of partzcular policy
terms, conditions, liinitations, or exclusions except where policy provisioi�s are
estabtished hy law ar i'egi�Iations binciing upon either of the parties hereto o�' the
��nderwriter on any such policies.
x. The City �•ese�ves the right to review the insu�•ance requi��ements set fot�th d�iring the
effective pet�iad af the Contract and to make reasonabie adjustments to insurance
cove�•age, Iimits, and excll�sions whetl c�eemed necessary and prudent by khe Ciry basecE
upon chai�ges in statutory law, court decisions, the claims histoi•y of the ind�zstry or
fina�icial condition of the insurance comp�ny as well as the Contt•actot'.
xi, The Contractoz• shall not cause any instu•auce ta be canceled nor pertnit any insurance
to lapse during the term of the Corttract or as ��ec�uired in the Contract.
xii. The Contract4r shall be �•esponsible for prezniums, deductibies and self-insu�•ed
i•etentions, if �ny, stated in policies. All ded�ictibles ot• self insured retentions shall b�
disclased an the Cet�tificate af Insuranee.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
natice af erosion of the aggregate limits belo�v occui�tence iimits for aIl applicak�le
cove►�age's indicated within tl�e Co��tract.
xiv, The insuranee coveeage's specified in ti�ithin the solieitation a�id requirements are
req�iired rninirr�t�ms and are not intended to limit the responsibility or liability of the
Contractor.
B, Speci�c Cove�•age Requiremeuts: Specifc instu•ance rec�ui�•ements are contained in the
solicitation instr��ment.
21. CLAIMS: If any claim, demandt suit, or other action is asserted against the Contraciar rvhich
a��ises undar or concerns the Contract, or whicn cot�ld have a materia� adve��se affect on the
Contractor's ability to perform thet•e��nder, t�e Contractoz� shall give written notice ttiereof to the
City within ten (10) calenda�• days after receipt of notice by the Contraetor. Siich notice to the
City shall state the c�ate of notiiication of any such claim, de�nand, suit, oz• othe� actioi�; the
names and addresses of the claimant(s); the basis thereaf; and the �iarn� of each person against
whom such claim is beit-►g asserted. Such notice shall be delivered personally or by ►nait and
shall be se��t to the City and to the Denton City Attarney. Personal delivery to the City Attorney
shall 6e to City Hal1, 2l 5 East McKinney Street, Dentoii, Texas 76201.
22. NOTICES: Unless otherwise specifted, all natices, requ�sts, or other cammunicatians
required o�• appropriate ta be given unde�• the Cont��act shall be in �,�riting anc[ shall be c�eemed
File #�553 Page 10 of 27
cielivered tl�ree {3} business days after postmarked if sent by L7.S. Postal Service Certified or
Registei•ed Mail, Return Receipt Req«ested. Notices delive��ed by other r�ieans shall be deemed
cfelivered upou ��eceipt by the addressee. Rautine commu►�ications may 6e �nade by #irst class
mail, telefax, o�• othe�• com�ne�•cially accepted ir►eans. Notices to tlie Contractor shall be sent ta
the address specified in the Cankractor's Offer, o�• at sucl� othe�• add��ess as a party tnay notify the
otl�et• in �vt�'ttitig. No#ices ta the Cily shall be addressed to the City at 901B Texas Street, Denton,
TeYas 76209 anc[ inarked ta the atientio�i of the Puz•chasing Manager.
23. RiGHT,S TO BID, PROPOSAL AND CONTRACTUAL MA'I'�RIAL: AI1 material
submitted by th� Contractor ta the City shall become property af the City upoza z�eceipt. A�iy
portians of suc�� m�terial claimed 6y ti�e Contractor to be proprieta�y must be cleacly inarked as
strch. Deterinivation of t�e pt�blic natu�•e of the matez�ial is si�bject to the Texas Public
Inforniatian Act, Chapter 552, a�id Texas Government Code.
2�. NO WARRANTY BY CITY AGA,INST INFRINGEMENTS: T��e Coiitraetor represents
a�id warra��ts to the City that: (i) the Contractor shali ���ovide tlie City good aE�d indefeasible title
to th� ci�lzveaab�es and {ii} the deliverables supplied by the Cantractor in accordanee �vith tlie
s�ecifications in the Contraet will not infi•inge, CIIYeCiI3' OI COTItl'IblltQl'lly, any patent, t�•adema��k,
copyright, trade secret, or any other intellectual prop�rty right af any kind of any third pa�•ty; that
no c�aims have been macfe by any pez•son oz� entity with t'espect to t�ie ownership or opet•ation of
the deliv�rables and the Contractor does not kno�v of any valid 6asis for any s�icl� elaizns. The
CQntz•ac#oz• shall, at its sale eYpet�se, defend, indemnify, a��d hold tlie City harmlass from and
against all liability, damages, and costs {incl�iding couz�t costs and reasonable fees af attorneys
and otller professionals) arising o�rt of or resulting from, (i) atly claim th�t t�e City's exercise
anywhei•e in the �vorld of the rights associated with tl�e City's' o��nership, and if app]icable,
lic�nse i•ights, and its use of the deliverables infi•inges the inkeflect�ial property rights of any thit�d
pai�y; or {ii) the Contractor's breach of any of Conti�actor's representations or rr�arranties st�ted
in this Conti•�ct. In the e�ent of any sl�cl� claim, the City shall have the riglit to monitar s�ich
claitn or at its optian engage its own separate eottnsel to act as co-counsei on the City's behalf.
Fu�-�he�•, Conti•actar agrees that the City's specifications ��egardir�g t�ze deliverables shall in no
�vay diminish Co�rtractor's wart'anties or obligations t�nde�' this paragraph anci the City mak�s no
warranry tl�at the prodttetion, de�elopment, or delivery of such cleliverables will not impact such
�vart•anties af Contractor,
25. CONFID�NTIALITY: In order to pro�ide the deliverables to the City, Coi�tractor znay
reqt�ire access to certain of tlte City's and/oe its licensars' confidential in%rrnatior� {including
inventions, employee inFormation, trade sec�•ets, confidential know-how, con�den#ial business
information, a��d other informatian wi�ich the City ar its Iicenso�•s consider cot�fidential)
(collectively, "Confidential Infozmation"). Contractor ackno�vled�es and agrees that the
Confidential Informatian is the val�labl� p��oparty of the City and/or its licensors and any
ttnauthorized t�se, disclasure, dissemination, or other release of the Confidential Information wili
substantially injure the City and/or its licensors. The Contractor {incluc�ing its eriaployees,
subcont�•actors, agents, or representatives} agrees that it ��ili mait�tain the Confidentiaf
Ir�formation in s#rict con�dence anci shall not cfisclose, dissenninate, copy, divti�lge, recreate, or
otherwise use the Conficie�itial Information witliout the priar �vritten consent of the City or in a
manner nat expressly per�nitted u�ide�• this Agreeme�rt, uniess tl�e Confidential Information is
requii•ed ia 6e disclosed by law or an order of any cauE�t or other govern�nental at�tl�ority with
proper �urisc[iction, provided the Contractor pronnptly notifies the City before disclosing such
�'ile # �kS53 Page 11 of 27
information so as to permit the City z•easonable time to seek an appropriate protective order. The
Contractoe a�rees to use pratective measu�•es no less stringent t�1an the Contractoz• uses within its
owvn busi�iess to pz•otect its ow►� �nost vaivable it�formation, �vhich protective meas«res shall
t�nde�� aIl circumstances be at least reasonable measures to ensure the conti�lued confidentiality of
the Confdential Jnfaemation.
26. 4WNERSHiP AND USr OF D�LIVERABLES: The City shall o�vn all zigh#s, titles, and
interests th�•otEghoiit the tivorld in and to #he deliverables.
A, �'atents. As to any patentable subjec� matter co��tained in the delive�•ables, the Contractor
ag�•ees to disclose sueh patenkable subject matter to t�1e City. Further, if requested 6y the City, the
Contractar agrees to assign and, if necessa�y, cause each af its employees to assign the entire
�•ight, titie, and interest to specific inv�ntions iinder such patentable subject tnatter ta ihe City and
to eheeute, acic�iow�edge, and deliver and, if necessaty, cat�se each of its employees to exec�ite,
ackuo�vlec�ge, and deliver an assignment of Ietters patei�t, in a fox�rn to be reasonably approved �y
tlte City, to the City upon reqt�est by the City.
B. Copy��ights, As to any defivera6les containi�ig capyrightable sizbject matter, #le Contractor
agrees that ��pon their creation, st�ch deliverables shall be corzside�•ed as tivork made-for-hire by
khe Contractor fot• #he City and the City shall o�vn all copy��ights in and ta such deliverables,
provided ��orvever, t�at nothing in tl�is �'�rag��apli 38 sha�l negate the City's sole ar joint
ativnership of any such delivcrables arising by vit�tue of the City's sole or joint at�thot•sliip of such
deliverables. S��ol�ld by operation af law, s«ck deliverables not be eonsidered tivorks made-foz•-
iiire, the Contractor heeeby assigns to the CFry (and agrees to cause eae�� af its employees
p��ovidizig serviees ta the City here�ander to execute, acknowledge, and deliver an assignme�lt ta
the City of� all r�varldwide right, title, and interest in and to such deliverables. Witli t•espect to
such �vork made-for-I�i�•e, t]1e Con#ractor agrees to execute, ae�Cnowledge, and deliver and cause
each of its employees providing services to the City herei�nder ta execute, acknowledge, and
deli�er a work-made-for-hire ag�•eement, in � fo��m to be i•easonably approved by the City, ta tlle
City upan deliveiy of sucli deiiverables ta the Cily or at such othez• time as the City may request.
C. Aclditional Assignments. The Conteactor fiz�•ther agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and delive�• ail applications, speciiications, oaths,
assi�nments, and aIl other inst��t�ments t�vhich tne City might reasonably deem necessary in orcier
to apply for and obtain copy�•ight protection, mask work registration, trademark registratian
and/or protection, 1et�e��s patent, or any similaz• ��igl�ts in any and alI ca�intries �nd in order to
assign and co3l�ey ta the City, its sizccessors, assigns and nominees, the sole and exclusive rigt�t,
title, and interest in and to t�►e deliverables. The Contractor's obligations to execute,
acknowledge, and deliver (or cause to be executeci, acknowledged, and delivered) ins#ruments or
papers such as those describeci in t��is Paragraph 38 a., b., and c. shafl continue afier the
termination of this Contract ��ith respeet to sucli delivet�ables. In the event tiie City should not
seek to abtain copyright protection, �nask �va�•k registration or patent protection foc any of the
deliverables, but should desi�•e to keep #he same secret, the Contractor agrees to treat the sarne as
Confidential Information under the terms of Pa�•agraph 37 above.
27. PUBLICATIONS: All published material ar�d wz•itten �•epo��ts stEbmitted under tke Contract
must be o►tginally developed material ��n�ess other�,vise specifically provided in the Cont�•act.
When material not originally cleveloped is included in a repa�•t in any form, th� source shall be
identi�ed.
28. ADVERTYSING: The Conti�actor shall not advertise or publish, �vithout the City's prio�•
FiI� # �553 Page 12 0�27
consent, the fact that the City nas entered itzto the Cozit�•act, except #o ti�e extent r�equired by law.
29. NO CONTINGENT FEES: The Contt'acto�• �varrants that na persan or selling agency has
been employed or retai�led to so]ieit or secure the Contract Eipon any agreement o�• undei•standing
far comtt�issioa�, percentage, bi•okerage, or co�itingent fee, excepting bor�a fide employees of
bona fide established comtnercial o�• selling agencies maintained by the Contz•acto�• fot� the
pt�rpose of securing 6usiness. For breach or violatio3-► af tl�is �vai-ranty, tlte City sttall have the
right, in addition to any other remedy available, to cancel tl�e ContR�act �vithot�t liability and to
dec4uet fi�om any amaunts owed to tlie Contracto�•, ar otherwise reco�ve�•, ttie fiill amot�nt of sucl�
commissian, pez�centage, bz•okerage or contin�ent fee.
30, GRATUITYES: The City rnay, by written notice to the Contractor, eancel the Cont�•act
withot�t liability if it is dete�•mined by the City t1�at gratttities �vere affered ar given by the
Contractor o�• any agent or representati�e of the Contractor to any o�ficer ar employee of the City
wi#h a view to�vacd seciiring tlie Contract or sect�ring favorable t�'eatment witl� respeet to the
awarding or amend�ng or the maki��g of any determznations tivith t•espect to the perfortr�ing of
sueh contract. In the event the Contract is canceled 6y tlle City pursuant to this pravision, the
City s�1a11 be entitled, in addition to any ather rights and remedies, to recove�• or ��i#hhold the
amottnt of the cost incurrecf by the Cont��actor in pr•oviding suc� gz•ati�ities.
31. PROHIB�T�ON AGAIN�T PERSONAL INTERCST IN CONTRACTS: No officer,
einploy�e, i�idepandent consirltant, ar elected official of the City �vho is involvec� in the
de�elopment, evaluation, or decision-making process of tiie perfarmance of any salicitation shall
have a financial. i�ite�•est, direct or indi��ect, in the Cont��act ��es��ltit�g ft�otn that solicitatio��. Any
wil�fiil violation of �liis section s��all constitute impropriety in office, and any officer o�• employee
gttilty thereof shall i�e subject to disciplin�ry action up ta and including dismissal. Any vialatian
of �his provision, with the kno��ledge, expressec[ o�• irnplied, of the Contz�actor shall z•ender the
Contract voidable by the City. The Contractor shail complete and subtnii t�ie City's Conflict of
Interest Questiannaire {Exhibit D),
32. IND�PEND�NT CONTRACTOR: The Contract sha11 not be construed as creating an
employer/employee relatiot�shi�, a partnership, at• a joint ventu�•e. The Contractor's services sliall
be those of an independent contractor. The Contractor agrees and understanc�s that the Contract
daes not grant any rights or p��ivileges esta61is1ied iar employees of the City, TeYas far #he
purposes of income tax, tivithholding, socia� security taxes, vacatian o�• sick leave benefits, �vorke�•'s
compensation, o�• any other Cify em�loyea benefit. The City shall noi have s��pervision and control
of#lte Contt�actot• or any emplayee of Ehe Cant�•actor, and it is eYpressly understood that Contractor
stiall perfortn the se�•viees hereunder according to the attaehed specificatious at the genez�al di�•ection
of the City Manager of t1�e City, Texas, or his designee under this agreement,
33. ASSIGNMENT-DELEGATION: The Contract shall be biuding upon and ei�sure to the
benefit of the City and the Contractar anci their �•espective s�ccessars and assigns, provided
however, that no ri�ht or interest in the Contraet shall be assig�zed and no obligation shall be
delegated by the Cont�'actor �vithout the_prior vvritten cansent of the City. Any aftempted
assignrnent or delegation by the Contr�cto�• shall be void uraless t�ade itt confot•mity with this
paeag�•apn. The Contract is not it�tended to canfer rigirts or b�neflts on any petson, �rm or entity
not a party hereto; it being the i�rtention of the pa�rties th�t the�•e are no third pacty beneficiaries to
the Contr�ct,
Fi1e # 4553 �'age 13 of 27
3�. WAIV�R; No ciaim or right arising otit of a breac� of ti�e Contt�act can be dischai•ged in
tivhole o�� in part by a w�iver or renunciation of the claim or right t�nless the �vaiver or
renunciation is supported by cot�sidez•ation and is in �vt•iting signed by the aggrieved party. Na
wai�er by either the Conti�actor or the City of a�y otie or tnore even#s of default by the oihet•
party shall opetate as, or be constrt►ed to be, a pertnanent waiver of any rights or obligltions
under ihe Contract, oi• an eYpress or i�nplied aeceptance of any other eYistizig o�• fi�tl���e defat►lt or
de£aLtlts, �vhetlier of a sitnila�� or clifferet�t character.
35. MODIrICATIONS: The Cant►-act ean be modi�ec� ar amended only by a writii�g signed by
both parties. No pz•e-ptinted or similar te�'ms on a►�y the Contractor invoice, orc��r a�• other
doci�ment shall have any force or effect to cl�ange the tertns, covenants, �nd conditions of the
Contract.
36. YNTERPRETATION: Tt�e Contract is intended �y tne parties as a fi��al, coinplete and
e:�clusive stateme�it of tlle terms of their agreement. No course of prior dealing bet�veen the
parties or cottrse of pe�•for�nance or usage of the krade shall be relevant to supplement ar eYplain
any term �ised in thE Contt�act. Althot�gh the Contract rnay have 6een substantially ciz•a�ted by one
pa�ty, it is the i�itent of the p�t-ties that all pravisions be construed in a manner to be fair to bot�i
parties, readin� no pravisions rnore strictly against one pa�-ty or #he otl�et�, Whenever a term
de�nec� by the Unifo�'m Comme�•cial Cocie, as euacted by tha Sta#e of Texas, is used in the
Contract, the UCC de�nitio�� shall co�rtrol, L�niess otllerwise deiined in the Cor�t��act.
37. DISPUTE RESOLUTION:
A. If a dispute a�•ises out of or relates to the Contract, or tlie b�•each t�ereof, tlie parties agree to
negotiate prior to prosecuting a suit for damages. Ho�vever, tliis sectioti does i�ot prahibit the
iiling of a lawsttii to toll t�e ��L�nning of a statute af limitations or to seek injunctiv� r�lief. Either
pat�ty may make a written request for a rneeting beriveen zep��eser�tati�es of each party within
faurteen (14) calendar days aft�r receipt of the request or such later period as agreed by the
parties. Eac�1 party shall i��clnde, at a mini�num, one (1) senior level individual with decision-
making authority re�arding the dispute. The purpase of this and any subsec�L�ent meeting is to
attempt in good Faith to negotiate a resol�atiot� of #he dispute. If, �vithin thir�y (30) calendar days
after such tneeting, the paz•ties l�ave not succeeded in negotiating a resolution of ihe dispUte, they
will proceed c�ireetly to mediation as described 6elow. Negotiation rnay be tivaived by a written
agreennent signed by both parties, in �vhicn event the parti�s may proceed directly to mediation
as desci•ibec[ below.
B, If the efforts ta resolve the dispt�te throtigh negotiation fail, or the parties �vaive the
negotiation p��ocess, the parties may se�ect, �vithin thirry (30) calendar days, a mediator traiiled in
mediation skiils to assist rvith resolution of the dispute. Shoulci they choose this aption; the City
a�id t��e Cont�•actor agree to act i�i good fai#h in the selection of the mediatar and to give
consideratian to qualified individuals nominated to �ct as mediator. Nothing in the Contract
prevents the pai�ti�s fi•om relying on the skiIls of a person wha is trained in the subject mafter of
the dispute or a contzact intez�p�•etation expert. If tl�e parties iail to agi•ee or� a mediator within
thirty (30) calendar days of initiation of the mediation pz�ocess, the mediato�� shail be selecked by
the Dento�� Co��nty Alternative Dispute Resolution Program (DCAP). The pat-�ies agree to
pac�ticipate in mediation in good faith for up to thiz�ty (30) calendaz� days from the date of the first
medi�tion session. The City and the Cont��actor ��ill skat�e the mediatot•'s fees equally a��d the
parties will bear their otivn eosts of participation sucl� as fees for any consultants or attorneys they
may utilize to repi•esen� thern or athei��ise assist them in the mediation.
File #�553 Page 14 of 27
3$. JURISDICTiON AND VENUE: The Contract is made under and shall be gove�•t�ed by the
la�vs of the State of TeYas, incl�ding, when applicable, the Uniform Commercial Code as
ac[opted in Texas, V.T.C.A., B�is. & Comin. Code, Chapter I, excluding at�y t���le ot� principle that
�vould refer to and apply the substai�tive la�v of anather state or jurisd'tetion. All iss��es arising
frorn this Contract shall be z•esolved in the cou��ts of Dentoi� County, Texas and t�e parties agree
to submit to the elclusive pe►•sonal jurisdietion of s��ch cotn�ts. The fore�oing, however, s��all nat
be eonstt�ued o�' interpretec� to li�nit oa• restrict tiie right or ability of the City to seek an� sectare
injunetive relief fi•om any compete�tt aut��ority as contemplatecl herein.
39. INVALIDITY: The invalidity, illegality, or unenforceability of any provisian af the
Contract shall in na way affect the validity ar enfo�•eeability of any ottier portion or p�•ovision of
the Contz•act. Any void provision shall be deemed severed from the Contract and ihe balance of
the Contract shali be construed and enforced as if the Contract did not co��tain #he pa�-ticular
portion or �rovisian held to be void. The pa��ti�s fin�th�r agree �o reform tl�e Con#t�act ta replace
any st�•icken pt•ovision �vitl� a vaiid provision tliat ca�nes as close as possible to the intent of the
stricken provision. The p�•o�visions of This sectioii shall not pre�Jent this e�itire Cont��aet frotn
being void should a pravision wnich is #h� essence of the Contract be deter�nined to be void.
40. HOLIDAYS: Tl1e fallo�vin� holidays are observed by the City;
New Year's Day (observed}
MLK Day
M�morial Day
�th of July
Labor Day
Thanksgiving Day
Day Afte�� Tha�iksgiving
Christmas E�ve {obse�•ved)
Christmas Day (observed)
Ne�,v Yea�'s Day (obse�•ved)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sl�z�day, it will be observed on the following Monday. Normal hours of
operation shall be �etween 5:00 am and 5:00 pm, Monday through Friday, e�cl��dirtg City of
Den�on Holidays. Any scheduled deliveries or work performance not �vithin the not•ma3 hours of
aperation n�ust be appa�ovecl by the City Manage�• of Denton, Texas or his authorizec� designee.
�11, SURVIVABILrTY OF
continuing abligatio�s on the
coniidentiality o6ligations oi
Contract.
OBLYGATIONS: AIl provisions of the Ca��tract tl�at imp�se
p�rties, including but not li�nited to the tivar�a��iy, indetz�nity, and
the pai�ti�s, slzall survive tha expiration or termination of the
�2. NON-SUSPENSZON OR DEBARMENT CERTrFYCAT�ON:
The City is prohibited fi•om contracting with o�� making pi•ime or sub-a�vards to parties t��at are
suspetzded o�' debarred of �vi�ose pcincipals are sus�enc�ec{ ar c{ebarreci fi•om Federal, State, ot•
Ciiy Contracts. By accepting a Cont�•act witli the City, tne Venc�or ce�-�i�es that its �rm and its
principals ai•e not currently suspended or deba�red from doing business �vith the Federa�
Govertiment, as indicated by the General Services Adt�zinist��ation List of Pa�-ties Excl��ded from
Fil� # 4553 Page I S of 27
�,
Federal Procurement and Non�Pz•ocut•etx�et�t F'�•og�•ams, the St�te of Texas, or the City.
�3. EQUAL 0�'P�RTUNITY
A. �qual �m��loymc�it Opportuniiy: No Offeror, or Offeror's agent, sl�all engage in any
disc�•inninatory employment p�actice. No persan shall, on the grounds of race, se:�, age, disability,
creed, calor, �e�letic testing, or national origin, be refiised the be«e�ts of, ot• be otherwise s��bjected
to discriinination ��nder at�y activities res�alting ft•om this RFQ.
B. A�iiericans with Disabilities Act (ADA} Complia�ice: No Offeror, or Of�'eror's agent, sliail
engage in a�ry tiiseriminatory employment pr•actice against i��divid��als �vith disabilities as
defined izt ttZe ADA,
�4, BUY AMERICAN ACT-SUPPLIES (AppIicai�le ta certai�i federall,y fuaxcled
requireYneiits)
The follo��ing federally funded requirements are applicable, it� additiot� ta the specific fecierally
fitnded reqliiremerlts.
A. De�nitions. As used in this pat•agt�aph
i. "Componant" means an a�•ticle, material, or supply incaz•pox•ated d'a�•ectly into an end product.
ii. "Cost af components" means -
(1) For components p�rcl�ased 6y the Contt��etar, the acquisition cost, incli�diug transpot�ation
costs to the place of i�ico��po��ation inta tlZe end prad�rct {�vhether or not such costs are paid ta a
domestie �rm), a►id any applicable duty (whether or not a c�t�ty�fi�ae entiy eertificate is issued); or
(2) For coinponents manuFactured by tiie Contractor, all costs associated �vitll tlie macu�facture of
the campotient, incl�iding transportation costs as described in paragi•aph (1) of this de�nition,
plus alloca[�le over��ead costs, but excluding p�•o�t, Cost oi components does not ii�clude any
casts associated tivith t�ie mam�fact��re af the end prod�ict.
iii. "Dorz�estic end product" means-
(1) An unmanufact��red end product mined oz• praduced in the United States; ar
(2) An enci product manufactured in the United States, if tlle cost af its components mined,
produced, oz• mamEfactured in the United States eYCeeds 54 pe�•c�nt of the cost of al� its
components. Camponents of fo�•e�gzt ozigin of the same cl�ss or kinci as tfiose tn�t the agency
determines are not mi�ied, produced, or manufactt�red in s�afficient and �•easonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap gene�•ated,
collected, ai�cf prepared for processing in the United States is considered domestic.
iv, "End praduct" means tkose ai�ticl�s, materials, and supplies to be acquired u��der the cont�•act
for public iise.
v. "Foreign end product" ineans an end prot�uct other than a domestic ezxd prodL�ct.
vi. "United States" means the 50 States, the District of Coli�mbia, and outlying �reas,
B. The Buy American Act (� i U.S.C. l0a - l Od} provides a preference for damestic end prodt�cts
for supplies acquired for ��se in the t]nited States.
C. The City does z�ot maintain a list of foreign a�•tieles tlist will be treated as domestic for this
Contract; but will consider for approval fo�•eign a�•ticles as do�nestic fot� this pz•aduct if the articles
a�•e ot� a�ist app�•oved by another GovernmentaI Agency. The Offeror shall submit
documentation with t�ieir Offei• demonst��ating that the article is on �n appraved Govei•nmer�tal
list. _ _ _ _ _ _
D. The Contractor shalI delivez• o�ly domestic end p�•oducts eYCept ia the eYtent that it specified
delivery of foreign end prodt�ets in the pravision of the Solicitation entitled "Buy Ame�•ican Act
Certiiicate".
File # 4553 Page Ib o�27
�#5. RIGHT TO INFORMATION: The City ►•eserves the right to use any and all info�•mation
presented in any response to this solicitation, whether arnei�ded or not, except as p��ol�ibited by
law. Setection of rej�ction of the st�bmittal does not affect this right.
46. LICENS� FE�S OR TAXES: Pi•ovided the solicitation rreq�aires an a�vacded contractor or
supplier to be Iicensed by the Stace of TeYas, any and all fees and taxes are the responsibility af the
respondent.
47. PREVAILING WAGE RATES: All respondents �vill be required to eotnply r�vitli Provision
5159a oi "Veinon's At�notated Civi� Statutes" of the State of Texas with respect to the payment
of p�•evaili��g tivage rates and prohi6iting discrimination it� the en�ployment practices.
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�8. COMPLIANCE WITH ALL STAT�, FED�I2AL, AND LOCAL LAWS: The contraetor
o�• s�applier shall comply with all State, Fede�•al, and Local l�ws ancf req�zireme�rts. The
Respande�it �nust comply with alI applicable lativs at alI times, including, without la�n�itatior�, the
folla��ing: (i) §3b.02 of the TeYas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
1'enal Code, �vliich prohibits the offering or confer�•ing af bez�e�ts to public servants. Th�
Respandent shall give all notices and comply with a11 la�vs ancl reg�ilatioi�s applicable to
fi�rnishing and performance of the Contract.
�9. FEDERAL, �STATE, AND LOCAL REQUIREI�I�NTS: Respondeilt shall demonstcate
on�site cotnplianee with the Feder•al Tax Refo��m Act of 1986, Section 170b, amending Section
530 of the Revenue Act of of 1978, dealing �vith issuance of Form W-2's to co�nman l�.w
employees. Respo�adent is respansible for both federal and State unemplo�ment ins��rance
cove�age and standard Worke�'s Compensatioi� insurance covezage, Respo�ident shali ensure
cornplia�ice �vitli all federal anc� Stat� taY lativs and rvithholdi�ig reqturements. The Cziy shall ��ot
be liable to Respor►dent ot• its employees for any Unemplayment or Wa��kers' Compensation
coverage, or federal or State withholding req��irements. Cont�•acto�• sliall �nciemnify the City and
shalI pay all costs, penalties, o�• lasses r�s��lti�ig fi•om Respondent's oanission or breach of #his
Section.
S0. DRUG FREE WORKPLAC�: The contractor shalt comply vvith the applicable pro�isions
of tha Drug-�'ree Work Place Act of 198$ (PL�biic Law 140-690, Title V, St�btitl� D; �1 U.S.C.
741 ET SEQ.) and maintain a�rug-fi•ee work environmer�t; and the fi��al �•ule, government-wide
requirements for dz•t�g�fi•ee tivork place (gcants}, issued by the Office af Management ancl Budget
and t��e Depat�tment of Defense (32 CFR Part 280, Subpat� �') ta implernent ti�e p�'ovisions of the
Drug-Fzee Wo��k �'lace Act of 1988 is incorporated by reference and the contractor shall connply
�vith the rele�vant provisions thereof, inelEiding any amendments to the finat rule tnai may
��ec•eafter be issued.
S 1. RESPONDENT LIABILITY FOR DAIVIAGE TO G�VERNMENT PROPERTY: The
Respoz�dent shall be lisble for all darnag�s to gove�•nment-owned, leased, or occtkpied p��ope�-ty
_ and _�quiptne�t caltsed by the Respondent__and its employees, agents, subcontractors, and
suppliers, including any delivery or cai-�age company, in conneetion �vith any pe�•foc•mance
pursuant to the Contract. The Respondent shall fiotify the City Procurernent y�anag�r in writing
of any st�ch damage tivithin one (1) calendar day.
File #�553 Page 17 of 2'1
52. FORCE MA,��URE: The City, any Ct►stomer, and ttie Respondent shall zzot be �•esponsible
far p�rforma�ice i�ncier tlie Contract sho��id it be p�•evented fi•om performance by an act of vvar,
oc•der of legal a��tharity, act af God, oi• other t�navoidable cause ��ot att�•ibutable to the fault or
negligence of tiie City. In the event of an occui�rence under tliis Section, the ResponcEent will be
eYCl�sed from any fi�rther performance or obseivance of the �•equire�nents so affected for as long
as sucli circiimstances prevail and the Respondeut contirn�es to �ise cammercially z•easonable
effoi�ts to reeommence performance oz• observance �vhe��ever and to whatever extent possi6le
tivithout delay. Tlie Respondent shall imrr,ediately notify the Ciry Pz•oc�i►�ement Manager by
telephone (ta be con�rtned in rv�•itin� witiiin fi�e (5) calendar days of the inception of s�zch
occttrrence) and describe a� a reasonable tevel of detail the ci4•cumstances causing tlie non-
performance o�� delay iti perfarrriance.
53. NON-WAY'VER OF RIGHTS: Failure of a Party to reqiiire pet•fot�mance by a�iother Party
t�nder the Coi�tract will not affeet the rigiit of such Parry to require performance in t�1e fiittare. No
clelay, failiira, or waiver of either Parry's e�e�•cise or partial exercise ot' any riglit or remedy ttnder
the Co��tt�act shall operate to limit, impair, preclude, cancel, �vaive or otl��z•tivise affect sucli right
or remedy, A w�iver by a Party af any breach af any term of the Contract r�vill not 6e construed
as a waiver af any cotitirn�ing o�• st[cceeding breach.
5�. NO WAIVER OF SOVEREIGN IIZMUNITY; The Parties e�cpressly agree that na
p��ovision of the CO11tTc7Ct is in any rvay i�itet�cEed to eanstitfite a waiver 6y the City of any
iminunities from suit oz• fi•om Iiability tl�at the City may have by ope�•ation of la�v.
55. RECORDS RETENTION: Th� Respondent shall retain all iii�ancial z•ecaz`ds, supporting
doculr�ents, statistical reco�•ds, and a�1y other records or books �•elati��g to the pei•formances ealled
for in the Contract The Respondent shafl retain al1 such �•eco�•ds for a period of fo�i�• (4) years
after the e�.piz•ation of the Contract, or i�ntil tlie CPA or State Auditor's Office is satisfied that aIl
at�di� a�1d litigation rnaiters az�e resoived, �vhichever period is longer. The Respondent shall grant
access ta aIl books, records and documents per�inent to the Cant�•act to the CPA, the State
A�iditor of Te�as, at�d any fec�eral gavernmental entity that has atttftority to �•eview ��eco�•ds due ta
fede�•al fiinds beit�g spent unde� the Contract.
File #�553 Page 18 of 2'7
Exlubxt B
Speci��l Teri�is and Coiic�itio�is
Tot�l Contracf Aanaui�t
The contact kotal for ser�ices sliall not ezceed $270,000 ��ei• ter�n. Prici�ag sllall be ��er E�I�i�iit E
attac�iecl.
Contr�ct Terms
The co�ltrlct term wi]I be oile (1) year, effective �i•om date of a�vard oi• notice to proeeed as
deterjnined by the City of De�1ta�� Pi�rchasitig Departmeizt. At the Cit}� of Denton's optian and
approval by ti�e vendor, the contract inay be rene�ved for up to t�vo additianal ane-year periads,
as fiu�ther e�plaified izi Renewal Options.
Rene�v;�l 4ntions
`i'he Ciiy af Deiltorl reser�Tes the riglit to exercise ��i optioii to ��e��ew tlle ca�itract of tl�e veiidor
fo�• two (2) ac�ciitional aile (1) �Jear periods i� agreed u��oi� ii� ��T�•iting b�� botlz parties. All tez��ns
and coilditiojis must i•ei��az�� the same foz• each aptioz�al additional rene�val }7ear. If tlle City
ezercises tne i•ight ii� writiug, the
Price �sc�l�tion atfd De-escalatioa�
The Cit�T ��TiII implement ati escalatio��/de-escalation price adj�istnient qtfai•te►�I��. The
escalatior�/de-escalatio�i r�rill be based �ipoz� i��ai�iifactiirer publisiied pz•icing slieets to the vendor.
The price �vi11 be i�icreased or decreased basec� i�po�1 tlie quarterly pe�•cei�tage cl�aalge in tile
mai�i�facturer's price list. Tlic price adjustment wili be deter�i�ined c�ua►•te�•ly frai�l the �ti�ra�•d
date. Shoirlci the claange e�ceed or decrease a minin��a�n threshold �lal�ie of+/-1°/a, then tl�e stated
eligible bid prices sllall be adjusted in acca�•c�aiice �vith tl�e published price cl�ar�ge. It is the
su���lier or the Cities r�spo�lsibility ta ��equest a price adjustme�it qt�a�•terl}� in �vritifig. If �io
��equest is made, the�i it will be asstr�l�ed tljat th� bic� p�•ice ��i11 be in effeck. Tlie supplier �inist
sizb�iiit or jualce �vail�ble t�ye ��ianufacti�rers rici�i slieet usec� �o calcuiate tlae hic�
�x•o osal to a��tici ate ia� ti�e escalation/tle-escalatiozi c[ause.
File #�SS3 Page 19 of 27
Exhibit C
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATlON REQUIREMENTS
Upon contracf execufion, aIf insurance requirements shall become confraetual oblrgafions,
wvhich the successful coniracfor shall have a duty to mainfain throughouf fhe course af this
contracf.
STANDARD PROVISIONS:
Wifhout limifing any of fhe afher obligafions or lia�biliiies of the Caniracfor, the
Contracfor shall pravide and maintain until the contracfed work has been completed and
accepted ,by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
Contractor shal! file wifh the Purchasing Deparfinent safisfactory certificafes of
insurance including any applicable addendum or endarsemenfs, containing the coniract
number and tifle of fhe prajecf. Confracfor may, upon written request fo the
Purchasing Department, ask for clarificafipn of any insurance requirements at any time;
however, Contractor sha11 not commence any work or deliver any maferial unti! he or she
receives nofificafion fhaf the confract has 16een accepted, approved, and signed by the
Cify of Denton.
AlI insurance policies propased or o,btained in satisfacfion of these requirements shall
corrrply wi#h the follovving general specifications, and shall pe mainfained in compliance
with fhese general specifications throughout the duration of #he Confracf, or longer, if sa
noted:
e Each policy sf�all �e issued by a company authorized to do �usiness �n the State of
Texas witi� an A.M. Best Com�any rating of at least A- Vll or better.
Any deductibles or s�if-insured retentians shall 6e dec3ared in the proposaL [f requested
by the Cify, th� insurer shall reduce or eliminate such deductibles or self-insured
retentians w�th respect to the City, its afficia[s, agents, err�ployees and �alunteers; or, tne
contractor shall procure a bond guaranteeing payment of losses and re�afed
investigations, cjaim administration and defense expenses.
Liability policies s�all be endorsed to pravicEe the fallowing:
� Name as Addifional Insured the Cify of Denton, its OfFicials, Agents, �imploy�es
and va[ur�teers.
� Tf�at such insurance is primary to any ather insurance available to the AdditionaE
lnsured wi#h respect to claims covered under the palicy and that this insurance
applies se�arately to each insured against whom claim is rrtacfe or suit is brought.
The inclusion of more than one insured sFtall not operate to increase the insurer's
[imit of liability.
Cance!lafion: City requires 30 day writfen notice should any of the policies
describ�d on fhe certificafe be cancelled or materially changed before fh�
expiration afafe.
File # 4553 Page 20 of 27
• Should any of the required insurance be provided under a clairns made form, Contractor
shall maintain such coverage continuously #hroughouf t�e ferm of this contract and,
wifhaut lapse, for a period of fhree years Eaeyond the contract expiration, such that
occurr�nces arising during the contract terrt� which give rise to clairrts made after
ex�iration of the contract shaH be cavered.
• Should any of the required insurance be pro�ided under a form of coverage tha# includes
a general annual aggregate fimif �arovidir�g for claims in�estigation or legal defense costs
to be included in #he general annual aggregate I�mit, the Contractor shall either double
the occurrence fimits or obtain Owners and Contractors Prot�cti�e Liability [nsurance.
@ Should any required insurance la�ase during the contract term, requests for payments
originating after such lapse si�a�l �tot be processed until the City receives satisfactory
evidence of reinstated co�erage as required by this contract, effective as of fhe lapse
date. If insurance is nof reinstafed, City may, at its sole o�tion, terminate this agreement
effective on the date of the lapse.
SP�CIFIC ADDITIONAL INSURA[VC� REQIJIREM�NTS:
All insurance policies proposed or obtarned in satisfaction of this Contracf shall
additionally comply with fhe fo!lowing marked specificafipns, and shaN �e maintained in
compliance wifh fhese addifional specifications throughout the duration of the Contract,
or longer, if so nofed:
(X] A, General Liability Insurance:
General L.iability insurar�ce with comb[ned single limits of not [ess than
$1,OU0,000.00 shall be �rovided and maintained by the Contraetor. Th� policy shafl
be written an an occurrence basis either i� a sing[e �olicy or in a corn�inafion of
underlying and umbrella or excess policies.
If the Comrr�ercia[ Generaf Liabifify farm (ISO Form CG OQ01 curreRt editian) is
used:
Co�erage A shall irtclude �remises, o�erations, praducts, and completed
operations, independent contractors, contractual liability covering this
contraci and broad farm pro�erty damage coverage.
• Covera�e B sha[I incEude personal injury.
• Co�erage C, medical payments, is not required.
If t�e Comprehensive General Liability forrr� (ISO F'orm GL 0002 Curren� Edition and
ISO Form GL 0404) is used, it sha[I include at feast:
• Bodily injury ancf Property Damage Liability for premises, operations,
products and cornpleted operations, independenf contracto�s and property
damage resultEng from explosion, collapse or unc{erground (XCU) exposures.
• Broad form contractual liabiliiy {preferabiy E�y endorsement) covering this
contract, persanal injury liability and br.aad forrn property damage liability.
File # 4553 Page 21 of 27
[X] Autamobile Liability ]nsurance;
Cantractor shall provide Commercial Automobile Liability insurance wifh Combined
Single L.imi�s {CSL.) of not less than 500 000 eiiher in a single po[icy or in a cambination
of basic and umbre[la or excess pa[icies. The policy wi{I inelude bodiEy injury and
properfy damage IiaEaflity arising aut of the aperat�on, maintenance and use of all
automobi[�s and mo�ile �quipme�t used in conj�r�cfion with #his contract.
Saiisfac#ion of the aba�e requiremen� shall be in the form af a policy endorsement for: "
• any auto, or
• all owned hired and non-owned autos.
[X] Worfcers' Compe�sation Insurance
Confractor shal� purchase and rnaintain Workers' Compensation insurance which, in
addition to meeting the minim�rr� statutory requirements far iss�ance af such insurance,
has Emplayer's Liabilify limits of at least $100,�00 for each acciden�, $100,000 per eacE�
em��oyee, and a$5�0,�00 �olicy limit for occupational disease. The Ciiy need not be
named as an "Additio�al Ir�sured" but the insurer shall agree to waive al! rights af
subrogation a�ainst the City, its officials, agents, emplaye�s and �olunteers for any work
pertormed for the City by the Named Insured. For buildir�g or cor�struction projec#s, the
Cor�tractor shall comply with the provisions of Attachmer�t 1 in accorciance with §406.096
o� khe Texas Labor Code ancf rule 28TAC 110.110 of the Texas Workers' Compensation
Comrnission (TWCC).
[] Owner's and Contractor's Protecti�e Liability Insu�ance
The Contracfar sf�all obkain, pay for and maintain at all times duri�g the prosecution o�
the work under this contract, an"Owner's and Con#ractor's Protective LiaE�ility insuranee
policy naming the City as insured for property damage and bodily injury which may arise
in the proseeutio� of the work or Contractor's o�erations under this contract. Co�erage
shal[ b� on a� "occurrence" basis a�d the policy shall be issued by the same ir�surance
company that carries the Contractor's liabElify insurance. Policy lirr�ifs will be at least
$500,�00.00 combined bodily injury a�d property damage per occurrenes with a
$1 �000,000.00 aggregate.
[ ] �ire Damage Legal Liabiiiiy Insurance
Coverage is required if Broaci form General Liabi[ity is r�ot provided or is unavailable to
the contractar or if a contractar leases or rents a portion of a City building. Limits of no�
less than each occurrence are required.
[ } Professional Liability Insurance
F'rofessionaf liability insurance with limits r�ot less than $1,000,000.00 per cla[m with
respect to negligent acts, errors or omissions in connection with profes'sional services is
required under this Agre�ment.
�ile # 4553 �'age 22 of 27
[ ] Bt�iiders' Risk Insurance
Builders' Risk [nsura�ce, on an All-Risk farm for 100% of fhe completed �alue shall �e
pro�ided. Sueh policy shafl inc�ude as "Named Insure�° fhe City of Denton and a[I
subcontractors as their inte�ests may appear.
( j Cornmercial Crime
Provides co�erage for fhe t�reft or dfsappearanc� of cash or checks, robbery
inside/oufside the premises, burglary of ihe premises, and em�loyee fidelity. The
employee fidelity portion of this co�erage should be written on a"blanket° basis ta caver
al[ employees, including new hires. This type insurance should be required if the
contracfor has access to City funds. Limits of no� less than $ each
occ�trrence are required.
[ ] Additionaf Insurance
Ofher insurance may be required an an individual basis for extra hazardot�s contraets
and specific service agreements. If such additiona[ insurar�ce [s required for a specific
con�ract, that requirement will be described ir� #�e "Specific Condifians" of �he contract
specificatior�s.
File #�553 Page 23 of 27
[Xj
ATTACHM�NT 1
Workers' Comp�nsafiion Co�erage for ��ilding or Construction Projects for
Covernmental �ntities
A. Definitions:
Cer�ifcate of coverage ("certificate")-A copy of a certificate of insurance, a
c��tifieak� of authority to seif insure issued by the commission, or a coverage
agreement (T11VCC-8�, T1NCC-82, TWCC-83, or TWCC-84), showing
statutory worke�s' compensation irtsurance co�erage for the person's ar
entity's employees pro�iding services on a praject, for the duration of the
project.
Duration of the project - includes the time from the beginning of the work an
the project �ntil t�e contractor'slperson's work on the project has been
co�np[eted and accepfed by the governmental entity.
Persons providir�g services on the project ("subcontractar" in §406.096) �
includes alf persons or entities performing alf or part af �he s�rvic�s the
contractor has undertaken ta perform on the project, regardless of whether
that persan cantracted directly with the con�ractor and �egardless of whether
that person has employees. Th�s includes, without limitation, �ndependent
cantractors, subcontractors, [easing companies, motor carriers, awner-
aperators, em�[ayees af any such entity, or employ��s of any entity which
f�rrnishes persons to pra�ide services on the projec�. "Services" include,
without �imitation, pro�iding, hauling, or delivering equipment ar materials, or
providing [abor, transpor�ation, or other servic� reEated ta a project.
"Services" does not ir�c[ude activities unrelated to the project, such as
foad/beverage vendars, affice supply deliveries, and deli�ery of partabfe
toilets.
B. The contractor shafi pra�ide co�erage, based on proper reporting of
classificatian codes and payroll amounts and filing of any overage
agreements, which meets the statutary requirements of Texas Labor Code,
Section 401.0� 1(44) far all emplayees of the Contractor providing services
on the pro�ect, for the duration of the project.
G. The Contractor must pro�ide a eertificate of coverage to the governmental
entity prior to being awarded the contract.
�. lf the co�erage period shown on the cantractor's current ce�fificate of
co�erage ends during the duration of the project, the contractor must, prior ta
the end of the cQ�erage �eriod, file a new ce�ificate of coverage with #he
go�ernmental enfify showing that caverage has been extended.
�. The can#ractor shal[ obtain from each person prov�ding services on a project,
File #�553 Page 24 of 27
and prov�de �o the gavernme�tal er�tity:
�. a c�r�ificate af coverage, prior to that person begi�ning work on the
project, so the governmental entity will have on file cerfifica�es o�
ca�erage showing co�era�e for afl persons pro�iding serv�ces on the
project; and
2. no Iat�r ihan s�v�n days after receipt by the contractor, a new
cert�ficate of caverage shawing extensian of ca�erage, if tl�e co�erage
per[vd shavvn on the current certificate of coverage ends during the
cfuration of t�e project.
F. The contractor shaEl retain al[ required certificates of coverage for the
duration of the project and far one year the�eaftar.
G. The contractor shall notify the governmental er�tity in writin� by certified mail
or �ersortal deli�ery, witY�in 10 days afker the contractor knew ar should ha�e
knawn, of any change that materialiy affects the provision of coverage of any
person providing se�vices on the project.
H. The corttractor shall post on each project site a r�otice, i� the text, form and
manner prescribed by the Texas Worl�ers' Compensation Commission,
informing all persor�s pro�iding services on the project that fhey are r�quired
to be co�ere�, and stating how a person may �erify co�erage and repo�t laek
of coverage.
I. The contractar shall contractually re�uire each persan with whom it contracts
ta pro�ide services on a pro�ect, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing o# any coverage agreements, which meets the
statutory r�quirements af Texas La�or Cade, Section 40� .0� 1(44) for all of
its employees providing services on th� project, for the duration of the
prolect;
2. pro�ide to the contractor, priar to that person beginning wo�k on the
project, a cer�ificate af co�erage showing that coverage is being provided
for all employees of the �ersan providing services on the project, #or the
duration of the project;
3. provide the con#ractor, prior to the end of th� coverage period, a new
certificate of ca�erage shovving extension of coverage, if the co�erage
period shown on t�e currer�t cer�ificate of co�erage en�s during the
duration of fhe project;
4, oE�tain from each other person wifh whom it contracts, and provide to fhe
contractor:
a. a ceriiftcate af co�erage, prior ta the otE�er person beginning work on
�'ile # �SS3 �'age 25 of 27
the pr�ject; and
b. a new certificate of coverage showing extensian of coverage, prior to
the end af the ca�erage period, if t�e caverage period shawn on the
current certificate of coverage ends during the duration of t�e project;
5. retain al� required certificates of co�erage on ffe for t�e dura�ion of t�e
prolect and for a�e yea� thereafter;
6. no�ify the go�ernmental enfity in writing by eertified mail or persona[
deli�ery, within 10 days after the person kne+n� ar should ha�e knawn, of
any change that materialiy affec#s the provision of coverage of any person
providing services on the project; a�d
7. Contract�ally require each persan with whom it contracts, to perform as
required by paragraphs (1) �(7}, wi#h the certificates of coverage to be
provided to th� persan fior wham they are providing services.
�. By sigr�ing this con�ract or praviding or causing to be pro�ided a certificate of
coverag�, the contractor is representing to the governmental entity that all
employees of fhe contractor who will provide services on the project will be
covered �y warkers' corr�pensation co�erage for the duration of the project,
t�a� �he coverage will be based o� proper reparting of c[assification codes
and payroll amoun�s, and that all coverage agreements wi�l be filed with the
appropriat� irtsura�ce carrier or, i� the case of a self-insured, with th�
commission's Divisior� of Self-lnsurance Regulation. Providing false or
misleading information may subj�ct the contractor to adminis�rative
pe�af#ies, criminal �enalties, civii penalties, or other civil actions.
K. TY�e contrac#or's failure to comply with any af these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare
the contract void if the contractor does not remedy t�e breach within ten
days after receipi of notice af breach from the governmental entify.
File # 4553 Page 26 of 27
�xhibit D
CONFLICT OF INTEREST QUESTiONNAIRE FORM CIQ
For vendor or other erson doin business with local gavernmental entit
ihis ques#ionnaire refleets changes made fo the iaw by H,B. 9�91, 80th Leg., Reg«lar Session. pFFICE
U5E ONLY
This questionnaire is baing filed in accordance wifh chapter 176 of the Lacal Government Code by a Date Received
person who has a bc�siness relationship as defined by Secfion 176.Q01{1-a) with a local go�ernmental
eniiiy and the person me�ts re�uirements under Section 176.OD6{a).
By law this questionnaire mus# be f€led with the records adminisirator of the local government enfify not
lafer than the 7th business day after the da#e the person becomes aware of fae#s that require the
statemenf to be filed. See Section 176.OQ6, �.ocal Go�ernment Code.
A person commits an offense if the person knowingly vio[ates Section 176.00&, Loca[ Go�ernmar�f
Code. An offense under this section is a Class C misdemeanor.
,� Name of person who has a business relat�onship with foca[ go�ernmenial enlity.
2
� ChecEc this box if you are filing an update to a�reviously filed questionnaire.
(7he law requires that you fila an updated completed questionnaire with the appropriate �king authority not
lafer #han the 7'� business day after ihe date ihe originally filed questionnaire becomes incomplete or
inaccurate.)
3
Name of local government officer with whom tiler has an empEoyment or business relationship.
Name of Officer
This seciion, {item 3 incfuding sub�aris A, B, C&�), must be completed for each officer wiih whom fhe filer has an
employrrsent or other business relationship as defined by Sec1'son 176.001(1-a}, Locaf Gavernment Code. Attach
additional pages ia this Form ClQ as necessary,
A. fs the local governmenf officer named in this section receiving or likely to receive taxabEe income, other than
inveslmeni income, from ihe filer of ihe quesiionnaire?
� Yes � No
B. Is the filer of the quesiionnaire receiving or fikely io receive taxabfe €ncome, other than investment income, from
or at the direction of ihe lacal government officer named in this seciion A�f� Ehe taxable income is not received
from the focaf govemmental enfity?
� Yes 0 N o
C. Is the Tiler of tinis quesiionnaire employed by a corporaiion or other b€asiness entity with respect to wh€ch the
loeal governntent o�cer serves as an officer or direcior, or holds an ownership of 10 percent ar more?
� Yes 0 No
D. bescribe each aftiliation or business relationship. �
4
Signature of person doir�g b�siness wifh i�e gavernmentaf bafe
entity
File #�553 Page 27 of 27
EXHIBIi E
D����"S ��Uil'�� �,11�� ���IV�[��4L ROOi ��Ni�OL
�R��'���� ������fI��4T' FO�:
il�� �1TY ��' D��T`�Rl, il��C�4�
The following �roposed agreem@nt consfitut�s an offer to freak municipal sewer Imes so as fo
c4�stroy tree raots �resent in ihe �ipe, and to deter thair regrowt�, [3uke's Root Cnnfroi, lnc. will
hnnor t�e prices, fhe guara�t�e and alI othcr ierms and conditions se# forfh in this dncument,
�ravic�ed The City oF Denton acce�ts fhis agreement an or before June 3Q, 20'[3,
Su�miit�d �y: Navember 1� 2D'(2
Brian S. Conroy
�orm 0�-98
0
EXH I B [T E
iA�l.�� t�� CON7�Ni�
�age
General .............. ..,..........................,...,,......,.,,.....,,....�............._ �
................... .. ...................,,.......,
Campliance............ .....................................>...,....,...,........................,......,.,,.....,,..,.......,..,...... �
Cotrtposit[or� of Raot Car�trol �rlaterial .........................................................................................2
Man►�er of Ap�lication .................................................................................................................2
Mixir�g and F-landlir�c� ...................................................................................................................2
[7tck�'s ResponsibiliEies .......................................<..,.............................................,.............,........3
Custa�ne�'s Res�ons[bilit�es .......................................................................................................3
G��araniee ..............................<.........................,...,,..,.,,.................,.....................,....,.....<...,......,.4
�.labllify ,,..........,...,.... ..................................................................................................................4
Qualifica#ions .............................................................................................................................. 5
Term.... ........................:............................ ..................,..,..,.......,.,,.............,................,..............5
�'ric� Schedule ..............................................................................5
.......... . . .. .. ......... ........... . ........
�'ollu#ion Insu�ance ....................................................................................................................5
� j
i
EXHIBIT E
�������
auke's f2oat Control, Inc, (herein, pu€�e's) wi[I ap�fy licensed root cantrol agerrts to
varlous main line sa�itary sawers, as sefecfed E�y �'he Cify of pen#on i�� order to kifi the
root growth present in [he lines and to inhibit raat re-grow#�, withaut permar�ently
darnaging ttle v�c�etation producing the raois.
Duke's will apply the cf7en�ical, as a faam, direefly to ti�e roofs via a hose tt�at extends
fhroughout the entire length flf each s�wer section, The rr�ai�rial wi[f t�e aPplied evenly
and uniformly, so as to com�letely €ill ti�e sewer pipe. puke`s will na� use "pour c�own"
or sprayec� chemica[s.
aufca's will pun�� the chemical foar�l �r�der gressure ko assure that fhe enlire sewer
section is compfetely fiilled witli foam, anci ta assure #�at foam penefrates "�nrye"
conn�ctior�s.
The chen7ical agenk will contain a herbicitfe to destroy roat fissue and a foaminc�
surfactant to del[ver the herbici�e to fhe target roof ,yrowths.
Du�ce's will return periadically (every 4 to 8 months) throughaut fhe Iif� of ihe c�uaranfee,
to sxamine the t�eatet� sewers, and to arrange ar�y free Guarantee work ihat rr�ay arise.
Duke's will perfarni, re-treafn�er�ks, as may be req�ired at no addifional charc�e, as set
fortfz in the guaranfe� (see G�lAF�AN�fEE, page4), Duke's shall not be responsihle tor
any damages caused by sewer sto�pac�es.
Duke's wilE not us� su�cantractars for any parfion of th� wor�c.
COMPI.IA�lC�
The maferia[s will be EPA regist�red, lat�eled for tt�e intendec� �s� in sewer lines, ancE
regisferecf witt� tha Texas Siructurai Pest Conirol E3oard.
Duke's �nrill comply witi� al! a�plicabi� federal, state, and loca� r�quiremer�is and
or�inances relative fo this type of r��terial anc[ usage thereof (�SHA, EPA, [70T and
State pes(icide reguia#ory agencies, Chemicai handlinc� and fre�tments wilE be done �y
lraineti, �rofessianal appEicafors thaf are ee�tif[e� �y the Siafe pesticide regulatory
agency, �s raquired by law.
The U.S. Department af Transportaiion (DOT} numbar, necessary fnr the franspo�tation
of roat contro[ chemicals, assignecl fa Duke's is �01961. Duke`s adheres to ali DOT
regu[afions rela�iva to commercial ve}�icle numbering, placardi�ig and r�gistrat[on; driver
licensinc�, drivar drug iesting, and record keepinc�; and aH oiher p�rtinenk raqui��ements
contair�ed in �ederai Motor Carrier 8afety Regulafions.
-� -
i ��
RE�OI`CONTROI. MA7ERIAL
pufce's wil� su��fy aI[ components af the root cnntraf material; in arder to insure th�
corYipaii�ility of said rnaferials, All rao4 con#rol materiaEs pravided }�y nuke's wilf b�
spec�ticaEiy desic�ned for use in sewers. Duke's crews will have �Viat�rial Safefy
information avai[able on site, including praduct lahefi�c�.
pulce's will not use po��r dovan praducts andlor prodt�cts cornposeci of acids or caustic
com�oun�s fl�at ara usecE ta destroy roo#s or c��vey her�icide.
[7uke`s will be res�ons�ble for all st�ipping, an�E storage of root control malerials. Du�Ce's
is also responsible for ihe dispasal of spent root contral material containers.
MAE��]ER O� A�PLICA�I�N
Application of fhe chernicaf root control agent wiil be by foaminc� in accordance wikh the
best-recomrnended practice for conditions presenf in the line �nder treatm�nt, Alf
f�aming procedures wil[ b� in sirict accordance with the instruciions on the cantainer
label.
A�1 so[ution w�i9 be mixed fresh, the day the wor� �s ta b� perFormed. ihe �vater used ta
prepar� the salution wiil be elear, coo�, and fr�e of aci�, a[i�ali, axidizing agents, la�rg�
amounts of oil, cnmpounds or n3aterials.
A foam dise�arge hose will be ins�rted ti�rougE7aut the eiitire length af #he sewer
s�ction Eo �e treated. Hydraulie sew�r cleaners or other such equipmer�t that might
c�amage ihe roots, ther�by reducing fhe �n�mediate a3�sar�fion of lhe root confrol agenf,
will not be used in t�ie #reatment process.
ChQmieaf foam will be applied under pressure tv assure #hat the er�tire sewer secfion is
co�n�letely filled wiEh foaT�n, and #o assure N�at foani �enatrates "wye" eonnections. The
hose refrieval wil9 be fimed to evenly distribute ti�e full quanlify of foam throu�hout t�te
entire area o� treatment. 7he quar�tity af foart� will �e s€af#icieazk ko campletely fiEl the
entire vn[ume of #he mein iine sewer, plus an additiorial 10°/fl to allow for fhe penefration
of maferial �p conneetinc� IaEara( sewers, and the loss of rnater�ia! in rnanha[es. Sewer
service to homeor�r�ers will no# l�e interru�ted.
An �pproved fresh water, backfiaw, prevention sysfem will be provided, and will be
used vrhen�var fillinc� eny c3iemicaf storac�e tank wit� fresh water.
M1XlNG AI�D HANbLING
AI[ 9iquid products will be packaged in re-usab[� cot�tainers that are DOT approved for
such use. T�es� conta�ners wil! be parl of a closed n�ixing ar�d handling syste�n. A
close� mlxing an� handling systerrt is provi�ed in order fo eliminafe, or significantly
minirn[ze work�r exposure to volalile liqu�d com�ounds.
.�.
EXHI�IT E
�UK�'S R�SPONSIBlLfT1�S
Should any chemical root Gantrol ac�ent s�iff o� fhs gro�and, tf�e chemical and
lhe affected soil will be remov�d by Duke's anc[ saf�ly d9spose� of. Duke's will
restor� tt�e area fo a corldi#ion equal ta or f�e#ter f�an f�etore fhe sp91i, Any
damage to vegetafian resulting from misuse af fhe chemical root control ac�ent is
iha r�sponsibi[ity af i�uke's.
2. �uke`s will respect fhe rights of property owners, and not enter upon �rivate
pro�erty w�thout obiainin� perrnis5�on from the ownflr.
3. �uice's will �lace pf�oper t�affic warr�ing devices fo proiect ihe spacif�c job site,
and to prevent aecider�ts or porsonal injury to the pu�[[c. F[agrnen for safe
f�•affic conlrol will be provEded as eonc�iiions dictate.
�4, Dulce's will keep camplete, �ccuraf� records af oac� day's operation. Records
shall show tfze date of trea#me�t, the sections of Ilne traaked, �ipe size ar��
dis#a�ee, and oti�er perti�ent information. L.ogsheets will be sut�mitted with the
invoice.
5. Quke`s will assESt in #he eva[uation qf i�e rooE contro[ applicafion, Duke's will
r'efurn �4 fo 8 monfhs af#er �he wark is comp[etecl, and periodically �hrougho�t #he
life of the Guarantee.
6. Duke's wiil dis�ose of all pest�cicie containers, according #o ti�e stafe and federal
rec�ulations pertainittg thereto,
�uk�'s shall nvt E�e responsi�fe for any damages caused �y sewer stoppag2s.
'I'ME CUSTOPA�R'8 RESPONSf�Il,i71�S
�'rovide a de�artmant representatiue to accompany quEce's crew, endfar sewer
system drawi€�gs showing the exact �ocations af the pipes to be tr�ated.
2, Assisl and make provision for enterinc� �rivake Iands, p��blic lands and
right-of-v�ays,
3_ f'ravide fresh vsiafer fflr the purpose of mixing the �oot coritrol age�t and for
clean ��p,
4. L.oca#e and uncover hiciden or buried ananholes, and resfore street surfaces,
easements, etc,
-3-
�xHi�i� �
GUAf�AI�T��
puke's c��arantees to kill all the roafs i� svery sewer if treafs in order €a eliminate main
line sewer sfoppages caused by live free roots.
If a treated sewer p(ugs up ar�d ifoods due ia live tree roots during the guarantee perioc�
(see below), DUK�'S will RE-TREAT that secfion, AT lT'S OWN �3CP�NSE, or remit ta
Tl�e City af �enton �00% flf tf�e paymenl received to treat that section of seSrrer.
Th� decision of The Cffy of Dentvrt as to the cause oi fh� p[ug-up is �ina�9ng.
I�uke's wiff ap�[y this guaran#ee �or a period o€ fwo (2} yea�s, E�eginrting on the date of
treatment, and endi�g iwo years affer #�e data of treafinent.
Duke's wif[ provide a THR��-Y�AR GUARANTEE on any paid re�eat applicalions tl�at
are periormod wifhin six monfhs af the expiration ciate oi the previous guarantee periad.
Re-trea#m�n�s, performec� ai na charge in honor of the �uarantee, c4o nnt extend #he
expiration date of fhe guararttee.
This guarantee appli�s only to sewer stoppages caused by live free roots. It does n�#
apply to stoppages caused by c�rease or other foreic�n rnatter; flat, collapsed or
deformed �ipe; or f[oodi�g caused by a s�rcharged or plugged sawer section
ciownsiraam from a g�faranteed sewer sectior�, Du[te's shall not be responsi�sfe for any
damages caused hy sewer stQ�pa�es.
This guarank�e appfies io main fine sewers o�[y.
I.lAB1�li`Y
Duke's is an insured, fulfy licensed �estici�e ap�lication company, anc! is certifi�d to
a�ply �PA registered rooE contral proc{ucts with Stafe enviranmen#al regulatory
ageneies.
Duke's will provicfe annual banding, at the direct cost of sald bonds. �uke's accepfs
respansibifity for damage to abo�eground vegefatian. buke`s is not respansible for
darnagas caused by sewer stoppages.
Certificates of insurance are avail�ble upon requesi.
.. . ......
-4�
EXHIB�T E
Qua�.«icaTionts
Duke's has complated over 5,0�0 root�contral jo�as, t�eating in excess of `f 9Q,OOO,b�U
feet of sewer, si►�ee �[976. Duke's has controlled tr�� roots i� more sewer pipe, u�der
more conditions thar� any other organization in the U,S„ public or private.
TERM
i"t7e term of t��is cantract is for 36 nionfhs. This cantract r�ay be extendeci up fo an
addit�onal 36 months by The Ciry of C�enton wiih t�e n7utual consent of bot� parties.
PRIC� SGHEDUL�
Duke`s aoof Confral, Inc. su�mits iiz� folfawing �rices in aceordance v�ritF� fhe
Suy$oard Confracf # 35�-10:
Pipe Diameter
8�-12`�
� 5`
'� 8"
2�n
2���
27"
30" �lus
price per' Foot
$1.3�Iff
$2.20/�t
$3.fl01ff
$3.401ff
$�.QQlff
$5.601ft
$6.00Ift
F'rices are computed p�r finear foot, manho�a to n�anhoie, ar�d incl�ide all �.abo��,
Materials, �c�uipment, and Mobilizaiion. Also, please nate that a�3,000.00 n�inimum
c�arge is required.
POLLUI"i0[� AND LfABIl.I7Y INSURANC�
The F'ollution and Liability Insurance described l�erein is in acidition to all other
ir�sur�►�ce �rovicieci by Dt�ke`s. This coverag� shal! prot�c# the Owr�er, a�id fhe Owner's
officers, agents, anc� employees f�orn c[aims for damages for bodily or personaE injury,
sicltness or disease, inc[�dinc� death; and from clairr�s for damac�es ta property andlar
ti�e eilvironment, which may arise d3rectly oUf of ihe use of c�emica[s andlvr pol[�tion,
The amount af this insurance siiall be $S,OOO,OOO,OQ fotaE [oss.
-5-
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Exhibit 3
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 28, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 28, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present:
Absent:
Chairman Dic1c Smith, Randy Robinson, Barbara Russell, Leonard
Herring and Phil Gallivan
Vice Chair Billy Cheelc and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
ITEMS FOR INDIVIDUAL CONSIDERATION:
5. Consider recommending approval of the purchase of sanitary sewer root control services
from Duke's Root Control, Inc. for a three year period for the amount of $90,000 per year,
the total amount not to exceed $270,000 over three years.
Item #5 was pulled by Board Member Russell.
Russell asked if this is something that has been done before and is in the budget. P.S.
Arora, Division Manager, answered it is in the budget we have been doing this since 1998. The
City went to a contractual basis since 2003. Now purchasing is loolcing at malcing the contracts
three to five year contracts so the same doesn't have to be repeated so often. Martin added that
Arora put together a presentation on our sanitary sewer overflows. This item is one of the
components of that program to prevent sanitary sewer overflows. Arora stated this will allow for
a three year contract.
A motion to approve item 5 was made by Board Member Russell with a second by Board
Member Herring. The vote was 5-0 approved.
Adjournment 10:20a.m.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITLJRE OF FLJNDS FOR THE
PURCHASE OF SANITARY SEWER ROOT CONTROL SERVICES FROM DUKE' S
ROOT CONTROL, 1NC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE
AND 1N ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL
GOVERNIVIENT CODE SUCH PURCHASES ARE EXEMPT FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 4553-PURCHASE OF SANITARY SEWER ROOT
CONTROL SERVICES FOR THE WASTEWATER COLLECTIONS DEPARTMENT
1N THE ANNUAL ESTIMATED AMOUNT OF $90,000 FOR A THREE YEAR
TOTAL NOT TO EXCEED $270,000).
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 boolcs; 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 following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
N [_JIVIBER VENDOR AMOUNT
4553 Duke's Root Control, Inc. $270,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural monopolies; films, manuscripts or boolcs; 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.
SECTION 3. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly
delegates the authority to take any actions that may required by the City of Denton under
File 4553 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�___ ��',��---,,� --..`�
�
BY:
�-ORD-File 4��3
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349-8487
ACM: Bryan Langley ���`
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a Second Amendment to an agreement with Trilliant Networlcs, Inc. for Phases IV and V
of the Advanced Metering Infrastnicture System (AM�; providing for the expenditure of funds
therefor; and providing an effective date (RFSP 4485-Second Amendment to Agreement for
Advanced Metering System Infrastnicnire awarded to Trilliant Networlcs, Inc. in the estimated
amount of $2,867,738.87). (The Public Utilities Board approved this item by a vote of 7-0).
FILE INFORMATION
The Trilliant Networlcs Inc. system is a two-way automatic meter reading infrastnichire (AM�
that will allow Denton Municipal Electric (DME) to perform automatic connect/disconnection of
electric services from a centralized office. The vision for this project was initiated in 2008, when
the Public Utilities Board and City Council approved a pilot testing of 500 meters using AMI
technology. This testing was successfully completed and the solicitation was sent to the
marketplace on March 9, 2010 for competitive sourcing. On July 20, 2010, the City Council
awarded Request For Sealed Proposals (RFSP) #4485 to Trilliant Networlcs, Inc. for the amount
not to exceed $1,391,307.04 to provide equipment and services for the Phase I installation of the
AMI Proj ect for DME. On May 17, 2011, the City Council approved Phase II and Phase III of
this project as the First Amendment to Contract# 4485 in the amount of $2,562,991.
RFSP# 4485 states that the City of Denton intends to replace all of its 45,000 electric meters with
this new technology, in separate phases of installation over a five (5) year period. The total
estimated cost for all expected phases is approximately $9,357,607.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On July 20, 2010, the City Council awarded RFSP #4485 to Trilliant Networks, Inc. for an
amount not to exceed $1,391,307.04.
On May 17, 2011, the City Council approved Phase II and Phase III as the First Amendment to
this contract in the amount of $2,562,991.
On January 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
Agenda Information Sheet
Febniary 12, 2013
Page 2
RECOMMENDATION
Approve the Second Amendment to an agreement with Trilliant Networlcs, Inc. for Phases IV
and V of the Advanced Metering Infrastnicture System (AM� in the estimated amount of
$2,867,738.87.
PRINCIPAL PLACE OF BUSINESS
Trilliant Networlcs, Inc.
Redwood City, CA
ESTIMATED SCHEDULE OF PROJECT
DME plans to convert all of its electric meters to a full AMI system over the next several years.
For economic reasons, DME plans to first install meters with automatic disconnects in high
collection and high turnover areas.
FISCAL INFORMATION
Phase IV and Phase V will be funded from account #602324497.1350.3700. Purchase orders will
be issued as needed.
EXHIBITS
Exhibit 1: Statement of Worlc and Pricing
Exhibit 2: Public Utilities Board Draft Minutes
Respectfully submitted:
�
_ F � �� ...
�
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-RFSY 4485
Exhibit 1
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 14, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dic1c Smith, Vice Chair Billy Cheelc, Randy Robinson, Barbara
Russell, Leonard Herring, Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
ITEMS FOR INDIVIDUAL CONSIDERATION:
2. Consider recommending approval for Denton Municipal Electric to purchase Phase IV and
Phase V of the Trilliant Automatic Meter Reading Infrastnicture System in the estimated
amount of $2,867,738.87 (RFSP No. 4485 — Automatic Metering Infrastnicture System
awarded to Trilliant, Inc.).
Item 2 was pulled by Board Member Herring. Herring asked if the smart meters have had
any problems with causing fires. Williams answered no. These are the same digital meters
that DME has been using for several years. The only difference is these meters have
communication capabilities and a connect/disconnect capability. Martin added that only a
handful of homeowners have opted out of using smart meters. Williams clarified that there are a
few homeowners that have delayed implementation.
Robinson stated that there are several out now running for a few years, other than those
few people, what is the evaluation over all of the meters. Williams stated there are 18,000
meters out the opportunity for cost savings will occur when the mesh networlc happens. That is
where you can put a meter anywhere in the City and it communicates. Right now it is isolated to
where the meters are installed. DME hopes to have the mesh in place before the end of this
fiscal year, at that time they will access.
Russell asked on maintenance how does that compare with the current meters. Williams
answered since these are all new; all that has been seen so far is the software challenges.
A motion to approve item 2 was made by Board Member Herring with a second by Board
Member Cheek. The vote was 7-0.
Adjournment 10:33a.m.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO AN AGREEMENT WITH
TRILLIANT NETWORKS, INC. FOR PHASES IV AND V OF THE ADVANCED METERING
INFRASTRUCTURE SYSTEM (AM�; PROVIDING FOR THE EXPENDITLJRE OF FLJNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 4485-SECOND AMENDMENT
TO AGREEMENT FOR ADVANCED METERING SYSTEM INFRASTRUCTLJRE AWARDED
TO TRILLIANT NETWORKS, INC. IN THE ESTIMATED AMOL]NT OF $2,867,738.87).
WHEREAS, on July 20, 2010 by Ordinance No. 2010-80, the City awarded a contract to
Trilliant Networlcs, Inc., in the amount of $1,391,307.04 for the Advanced Metering Infrastnicture
System; and
WHEREAS, on May 17, 2011 by Ordinance No. 2011-086, the City awarded a First
Amendment to the contract with Trilliant Networlcs, Inc., in the amount of $2,562,991 for the
Advanced Metering Infrastnicture System; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a Second Amendment be authorized to amend such contract agreement with respect
to the scope of worlc and an increase in the payment amount, and said fees under the proposed
contract are fair and reasonable and are consistent with and not higher than the recommended
practices and fees published by the professional associations applicable to the Provider's profession
and such fees do not exceed the maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Second Amendment, increasing the amount of the contract between the
City and Trilliant Networlcs, Inc., which is on file in the office of the Purchasing Agent, in the
estimated of Two Million Eight Hundred Sixty Seven Thousand Seven Hundred Thirty Eight and
87/00 ($2,867,738.87) Dollars, is hereby approved and the expenditure of funds therefore is hereby
authorized in accordance with said Second Amendment.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
4-ORD-RFSP 4485
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas,
on May 11, 2013, and if a ninoff election is required, on June 15, 2013, for the purpose of
electing Council Members to District 1, 2, 3, and 4 of the City Council of the City of Denton,
Texas; prescribing the time and manner of the conduct of the election to be in accordance with
an agreement with the Elections Administrator of Denton County; providing a severability
clause; providing an open meetings clause; and providing for an effective date.
BACKGROUND
Approval of this ordinance would formally call the May 11, 2013 City Council election. It also
indicates that the City will be entering into an election agreement with the Denton County
Elections Adnunistrator to perform various election functions. Elections Adnunistrator, Franlc
Phillips, will again provide a"full service" joint election agreement to the jurisdictions within
Denton County. Denton County will be responsible for conducting the May election similar to
elections held the past several years.
As with prior elections, City of Denton voters will not notice any difference in polling locations
on Election Day as the County will be using the City's standard Election Day locations at the
MLK Recreation Center, North Branch Library, North Lakes Recreation Center and Denia
Recreation Center. However, Early Voting will be conducted at the new Denton County
Elections Administration Building located at 701 Kimberly Drive. There will be no early voting
at City Hall. Early Voting and Election Day balloting will be all electronic.
The deadline for notifying the County for inclusion in the joint agreement is March 15, 2013. A
detailed cost analysis will be available once the number of participating entities is lcnown.
Respectfully subnutted:
Jennifer Walters
City Secretary
s:\legal\our documents\ordinancesU3\election calling 0511 l3.doc
ORDINANCE NO.
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON,
TEXAS, ON MAY 1 l, 2013 AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 15,
2013, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO DISTRICTS 1, 2, 3
AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; PRESCRIBING
THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN
ACCORDANCE WITH AN AGREEMENT WITH THE ELECTION ADMINISTRATOR OF
DENTON COUNTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN
MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
SECTION l. A municipal election is ordered to be held in the City of Denton, Texas on
Saturday, May 11, 2013, such date being a uniform election date as defined in Tex. Elec. Code
§41.001, as amended (the "Code"), for the purpose of electing council members to Districts 1, 2,
3 and 4. In the event a runoff is required, the runoff election shall be held on Saturday, June 15,
2013.
SECTION 2. The election and early voting shall be conducted at the time and in the
manner specified in an agreement between Denton County and the City of Denton regarding
election process and practices.
SECTION 3. The manner of holding such election and all questions pertaining thereto
shall be governed by the election laws of the State of Texas.
SECTION 4. The City Council has found and determined that the meeting at which this
Ordinance is considered is open to the public, and that notice thereof was given in accordance
with provisions of the Texas open meetings law, Tex. Gov't. Code ch. 551, as amended, and that
a quorum of the City Council was present.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PRESENTED, PASSED AND APPROVED on the day of , 2013 at a
regular meeting of the City Council of the City of Denton, Texas, by a vote of ayes and
nays at the regular meeting of the City Council of the City of Denton, Texas.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
2 s:\legal\our documents\ordinancesU3\election calling 0511 l3.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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s:Alegal\our docurvents\miscellaneous\13\agei��da infon�7lation slicet for election ordir�ance f�ot� gas utility.doc
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The City d�termined that the area near the Airport Industrial Parlc cc�uld develop more efficiently
if a gas utility were available to immediately s�rve the needs of industrial custorriers. The City
has wiiness�d reluetance on the part of some developers fio inv�st in this Inclustrial l�arlc since gas
is not readily available.
In the 82°a L,egislativ� Session, the Texas Legislatare �nacted Local Gov't Code, �ection
552.913 in suppart the City of I��nton's efforts to �mpl�ment a�onlbined Heat and Pow�r
Economic I)evelopm�nt District (CI�P-EDD) in an area near th� Airport Industi°ial Park. This
legislation allows the City of Denton to o�vn and operate a gas utility for certain purposes and in
a limited area of th� Ciiy.
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I)uring 2012, th� City �ouncil expr�ss�d ar� interest ir� calli�g an �l�ction to allow City of
I7�ntan vat�rs to d�termir�e whether they desir� that the City own and operat� a gas u�ility in the
Airport Ir�dustrial Parl{ ar�a. The Council further consid�red this id�a at the City Council retreat
on Jar�uary 29, 2013, and determined to �ut this issue iA� front of the voters under the ierms of the
City Chartero
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Another Councilmernb�r express�d a desire to �vidence the City's inient to utilize the autllarity
gr�nted t� the City by �he elec�orate to b�come a�as u�ility in this lir�ited area of the �i�y in the
ev�ilt other gas providers elect to not extend servic� ii�to the area in a timely, cost eif�ctiv�, or
corr�prehensive manner. City staff has crafted a provision in the preanible acldressing this
cancern. I�owever, th� language ir7 th� ballot pro�osition itself is not conditioned ora this
premise in order to meet the letter and spirit of Iaw and interpreiative cases that ballot
propositians state wiih clarity the issue before the electarate.
Finally, Council considered a� th� Jalluary 29, 2013 r���reat wheth�r to limit the City's ability to
s�ll gas to nonmresidential custor�ners, and deterinined to limit any gas sales to this category of
custom�rs.
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I2��l�liiIIVIEl�DA'TI�TV: The �ity Staff recammends enactm�nt of th� aitached ordinance if ii
is the intent of the City Cauncil to put the question of wheth�r the City should become a gas
utility in a limited area of th� City and for a limit�d purpose b�for� the City of I7enton voters.
Attachments:
l. Charter
2. L,ocal Clov't Code, �ection 552.913
3. �rdinance No. 2012-044
4. Election Ordinance
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Anita Burgess, �ity Attorney
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SsB. Noa 1230
AN ACT
rela�inq to the c�nstruction and operation of rombined heating and
power facil.ities in certairi mlznicipalities.
BE 1'I' ENACTED BY THE LEGISLA'I't7RE OF THE STATE OF TEX.AS e
SECTION 1a S���bchapter Z, Chapter 552, Local Governrnen.t Code,
is amended .by adding Section 552a913 to read as follows:
Seca 5520913. COMBINED HEATING AND POWER SYSTEMS IN CERTAIIV
MUNTCIPALITIES, (a) This section applies only to a home-rule
municipality that,
(1) has a population of more �han 100d000;
(2) o�ns arid operates an electric utility that is a
memk�er of a municipal �ow�r agency; and
(3) is located in a county adjacent to a county with a
population of more than two milliano
(b) To the extent this section conflicts with a municipal
charter �rovisi�n, this section controls>
(c) A municipali�y may buy, own, construct, maintain, and
operate a combinecl heating and pawer system nr plant and related
in�rastructurem
(d) The c�overning body of the municipality may desi nate a
Page - 1 -
S�Be Noo 1230
combined rieating and �ower ecanarnic development district that
includes territarv Chat:
(1) is within three miles af �he combined heating and
�ower plarlt,
(21 is whollv l�cated within the cor�orate boundaries of
the municipality; ancl
(3) does not have an interstate or federal highwa
lc�cated with:in the bounctar�ies of �he district an the date the
territo�y is clesignated.
(e) The municipality may sell an energy commodity from the
system or �lant, including electricity, chilled water, steam, or
gasn The municipality may se11 gas anly to industrial customers
located in the combined heating and power economic development
districtu
(f) The munici�ality srYall assess �ees against a murlicipal
entitv sellina aas to industrial customers in the combined heatir�
and pawer economic district that are substantially the same as the
Page -2 -
SuB, No, 1230
�ees assessed aaai:nst a qas utility that is not awned by the
municipality for accupation of a municipal right-of-way.
SECTI01�1 2 a This Ac_�t tak.es effect i�nmediately if i.t r�ceives a
vote af twc�-thirds of al1 the members elected to each house, as
provided k�y Sectiorx 39, Rrt,icle ITI, Te�as Coi�stitiati�n� If. this
Act does nc�t rece:ive the tTOte necessary tar immediate effec.t, this
A.ct �akes effect September 1, 2011a
Page -3 -
SaBo l�To. 123Q
President, of the Senate Speaker of tl�e Hause
I li�reby certify �t:hat SeB. �om 1230 passed the Senate an
Apri.1 S� 2011., by the fo]�lowinq �rotc�: Yeas 31, Nays 0.
Secreta.ry of the Senate
Z hereby certify that SmB, l�aa 1230 passed the House on
Apri1 �6, 2011, by the �ollowing votee Yeas 148, Nays 0, twa
preserlt not voti.ng.
�lppro��ed o
Pag� -4 -
Chief Clerk of the House
Date
Gc�vernor
Pac�e -5 -
SoB< Nam 1230
�-- � , ,
� ,, a �' �
� � �
_____..._� � .t _._____
��:UcK�I\our documenLs\oi'dn�anccs111,A�:hp•edcJ in nirpoii. ind �rea.d��cx
'M � 1
�N (�i�.I)IN1��CE t��.F'�TII�Cr A, COIVI�Ifi1CC7 HE,4T A�1D PCi1�E1� CCi7�l���(IC`
�JLV�Lt��'M�N�" �ISTI�I�'1 (C'HF'—T�I�) TI�d TF—IE ,�1I�P03�i' INDUS"I�RIAL f�R.�;A OF
1`�Elti1T0[�C; TEXr�..�; L7E�iIC,�JATTl�i�"x Al`�dl� DFSCR➢I3IN4�r TI�E B�t,)NT3ARIES 0�' SU�H
L71S�,R.IC7 ;�1ND PRO�/IDII�]G AN EFFECTIVE DAT'�.
1�i%I�[��ZEAS, the City �our�cil oF tlie �ity of 17enton, "T"e�as desires to create tlzc �i�oper
�cc7nc��ir�i� er�vironl7�er�t to induce �17� a��vestinent of privai� r�sources iia producti��c business
ent�rprises in the �it�r of I7entaza and to �rovide employi��erit io residealts of the Cityy; arid
�iHE�.EA�, Con�brnec� Heai aild Power (CI�P) farilitres are cogener�tion plants,
�eizerating electrici�ty, chilled r�vater and steasn, anc� are }ai.ghly st��ited to se�°��ice i�.idustrial
custoiners i� a targeted ai�d lir-tait�cl a�•ea of pot.ential growth in th� Ciiy of Denton w�hei°e th�rc is
a need for reliable, efficierit �nd clean power a.r7d tl�erinal �n�rgy; and
i��I��R.EAS, c�.�atural gas is us�d io po�rer C'HP �;eneratioia facilities and is ar�ather energy
coinmodity u�hich su�,por25 the enea°��` needs of irrdustry; a»ci
�J�IL;REI�,�S, �I-Ct? fa�ili�ies a�fer° t17e added benefit of recl�iciion of the emissi��z af
�reel��ouse �ases, � cx�itical ��a1 ii� are�s o.r' �ir qualiiy noil-�ttai��netlt sucl7 as in r�ori�l� "I�exas;
ar�d
W�IEIZE,AS, C;I�P plants r•equir� less fuel to produce a ggven cr�er�y �utput, �-��11i1e als�
��voadil�g transn�ission and clistribution tosses �that c,ccur �vl�en elec��ricit�� �tra.L��ls loia� ciist�inc�;s
O'l%�1' p01�'�i' I111�S; �I'1C�
W1��f�,A�, CI-(A pl�iais are c��signed to �rovide alterta�til�e high-quality �Ie�.tricity and
th�rmal en�.r•�y to a ctiistonier si�e r�gardless of intez�ruptioias on the po��rer grid, decr�asing tl7e
i�npact of power outages, providing stability durit7g t'r�nes c�f critical high load, and i�t�proving
po���er qua.lit�� far sensiCa��e equiprnent; and
�I-IERE.�S, in its 82�d Legisla�ive Sessian the Te�;as Le�aslature has enactecl Z,c�c�l
�;overnn�ezat �ode, Sec 552.913 ��rhicti allorws a han�e-rule rity, such as tl�e City, �o buy, oti�-ia;
canstruct, mai��tai�a, and operate a�HP syslei�l wit17 related inlrastx�u�ture, and to sell ��ler�y
ccss�nnlodztres �roa�a such systel�z or infrastruct�r�, i���ludin� electricity, clzilled w�tei°, stearn oi- gas
ir� a�ombined Fle�t�rl� a��d Powe1° Econ.orriic I7evclopmen� L7°rstrict (C�-IP-�I)T�), so d�sig»ated
aild rlefined by th� governin� �,ody of tl�� rnun�cipality, at a cLrstance of no greater tllan three (3)
rnzles fcoa7i tl�� �'HP pla���t, b�at ��vhicll b�undaries oi th� clist�ric�t iazay r�ot crass any i��t�i-state or
federal hi�l�ways, aald said ciistxiet is uwl�olly witl�in il�e corporate liy�li�s of the �iiy, and �rovided
tliat aray sale of �;as �✓il] only be to industg°ial c�stomers, and further that upon any sale of �as, the
City �ill be assess�d st�k�stat��ki�11y tl�� salne fees as t1�o�� paid to �he� city by �lor-�-rr�unicipally
ow�ned gas utilitie� �"or 9��eir occti�patior� oE'ia�ul7icipal ri�hts-of-way; and�
l�H�IZEAS, tl�e C"ity� c�f T�entr�r� l�as identified �n are�. i�eai� ihe e�istii��; Airpart Irldcasirial
Par1c �vhicl� n7eets aCl the criteria ol" Lucal C�ovexnn�en� C'ode, Sec. 552.'913; ancl
ar,;�
� �, �
���' "�
s11c��1\our dacunicntslordinances112\ch�-edel in �ir��or9 ind arcadi7cx
W�IEREAS, tlxe C'ity Co�ulcil of Che C'rty af D�n�on, Te,�a�, (thc "City,;) desii�es to
prors�ote develc��n����nt near Che City c�f I�enton 11ir��o1-t �y �tl�� creatior� �t a CE-1P-EDD to 9�o��te7�
ecoi�o���ic de�v�lopl�xe��t iir the C�i�y by �Facilitatin� the �7ro�•ision �f�eco�7oe71ica1 aJid reliat�le fl�ower
Co iiadustry a��ci 'l�tisiraess; T�1C)Ver, TIIERT�"C�I�,
� i 1 • ��
SECTION 1. Tl�e fac�ts ai�ld recitations cuz�t�ained in tl�e above preati7l71� are l�ereb�r fau��d
anci decla�°ed to be �°ue ai�d c�a-rect ar�d are incoi•��orated in this ordii�a�lce.
SEC�'�I�IC�lel 2. Tl�e �ity kaereby cz�cat�s a"Coi�abincd Hc�ii1Y� an�] P�wei- Econon7ic
Developnierit 1�istrict" (C,I�P-EDD) over the area described in Exlzibit "�4", afiiaclled l�ereto and
as de�icted ii� the nlap attacklec� reereto as Exhibit "B"
,SE�1 i�� 3, 7'1�e� terr�7 "i�zc3ustrial customez�s" as used herein s77ea�ls an,� custaz�Y�ers
la�:ated withir� tl�� ��IP-EI7Z7 �r��agud fz7 ind�astr�ial us� activities t-ela�t�d tci the n�anufacture,
r�,farellausing, sl�ippin�, produetion or storage af prradtic�s to l�� tt�ansported elsewl�er�e tai- r�elail
sa1e� inc�ludine� but s�ot 1i�l�rted �to, �ssociat�d Ai�part uses, uses that ]lav� a 1�iosrth Aanerican
Industry Classificatiar� �ysterri �'ode as of Fel�ruary 2012, oi 3l, 32, �3, and t11os� uses i�z Cade
�2 relatirig to electric gei�eratic�r�, steai�l, and air-conditionrn� supply.
5CC'TIClN 4. l�he Cit�y o�FI:?etaton"s �c�ana�rliic Developi7�e�1i Director and tl7e Econonlic
De�relopineilt Par°inersllip �oarc�, in cc�r�s�alt�tion ���ith Denian Municipal I;lectric, are 17ere�ry
assi�r�zcc� the taslc of cz�ea�Cin�; Cr�uidelines �%�r° I��.eniives ��ithirl the �HP-�DI7, to include�
recoxnnlendaticrns: �s lo the types of businesses bes� suited for i-ecruitment to the District,
einplaasizi��� b�7sii7esses wl�licl7 a�re i.r�dus�tl�ial ri� r�atur-e a�ld ]Zigh users of tt�le �ner�y con�m�dities
ta be yn�d� �r�ailable; as ta the ecc�t�caan.ic dear�;l�+pr��ent i��centrtifes to l�e mad� atitail�ble to tlz�
re�i°LUte� businesses, i17cl�tdit�� incei�tives r�;lated to tlz� u1-iique energ}� commodities �i' the
I7is�rict; a�1d a�n�y other irac�iiti�r�s w�aich, ili tlae� opiliiori of tlae Econ�mic I�evelopmer�t� I7irector
ar�d the F.cori�rl�ic Devclog�r�r-�en� Fa�rtnerslzip Boaa�d, will asstiire th� �tir�lely develo�inent of this
uriic�ue ar�a ancl u�l�ich °��ill r�zaximiz� tfie City �f L7ei7ton°s ol�port�uzitie� v��itP��in tl�e I�istrict iaz
recagx-iitio�n o�'th� lirr�ited size �f i�ts faotpr•i��i. Tl�ese Guadelines �for In�ent�ives s1�a11 be prese��ted
to �t11e City Cout�cil f�ar approval gri a�im�ly maiuler, bu� no lat�r tl�7r� ,Tt�ly I, 2012. Nothing
17ereir� shall be iriterpreted lo atherwise limit developr��e�t ���ithin t}xe district.
S�C"I'��N 5. The II:3is�trict s1�a11 be cr�eated�imrlYedia�el�� upon passage az'this orcii�rai�ce,
SECTION 6. �f' aY-�}� sectiori, p,ara�,i�aph, cla�.�s�, or provision of this Ordinance sl7all for
any :�-easoil be held �to b� ii�v�lid oz- ul�en�'orceable, t1�re iilvalidity or Linenforceability of such
section, para,�xaph, clause or pravision shall not affeci any of the rei�aining pravisions of this
�Jrdiziallce.
�iEC`1�I�N 7. Tl�is Ordinat�ce sl�all becat7�e effective it�ln�ediately upon its }��ssa�e aiZCi
ap��e���ral.
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�TTEST
.1CNNII'ER 1�/ALT�RS, CITi' SECRE"I°ARY
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,�#PPRO�ED A5 'TO LEC�AL, FORIvI:
liNIT'!1 HU�Cr�S�y �ITY �T'"I'(��[Z.I�tEi'
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All tNiose certain lats, tracfs or parcels a� land lying and being situaied in the City arod Counfy of Denton,
State of Texas, and bein� situated in all or portions af the �ollowing abstract sur�rey traets: S. Nuizar
Survey, Abstract I�o. 514, 1`. Eagan Survey, Abs�ract No. �06, M�P � PRR Ccs, Survey, Abstract No. 1470,
W. Bryan 5urvey, �bstract I�a. 148, E. Orr Survey, Abstract fVo. 9�3, �BB & CRR Co. Survey, Abstract No.
192, G. Barb Survey, Abstract No. 208, T� P RR Survey, Abstraet Na. 1302, A. Myers Survey, Abstract fVo.
1699, A. MilNer Survey, Abstract fVa. fiH7, G. Meyers S�irvey, Abstract iVo. 843, J. Perry Survey, Abstract
fVo. :1040, E, Puchalsl<i 5urvey, Abstract IVo. 996, J. Scott Survey, Abstract fVa. 1222, J. Bacon 5urvey,
Absiract iVa. 1541, W. Wilburn 5urvey, Abstract No. 1419, M. Davis Survey, Abstract No. 377, E. Egan
Surv�y, Abstract No. 412, I. IVIcCormick Suivey, Abstracf Nn. 955, E.E. Mays Survey, Abstract fVo. �44, T.
Tnby Survey, Absiract IVo, 1285, J. davis Survey, Abstract Nn. 326, J. Wright Survey, �bstract No. 136Sy
C7. Davis Survey, Abstr�ct Na. 356, S� Wright Surv�y, Abstract No. 1366, W. iVeill Survey, Abstract fVo.
97t7, W. Smith Survey, Abstr�act No. 1188, C. Chawning Survey, Abstraet N�r. 266, b. BrewsYer S�arvey,
Abstract No. 56, ,4. Madden Survey, Abstract No. 851, J. A. Burn Survey, Abstract No. 132, T. Carruth
Survey, Abstrar.t t�o. 1707, T& P RR 5urvey, Abstract No. 1292, J. Hardin Survey, Abstract Na 1656, D.
Dougherty Survey, Abstract Nao �57, J. McDonald Survey, Abstract Na. 873, 1. Bacon Survey, Abstract IVo.
154(), J. C�alton 5urvey, Abstract IVr�. 353, I. Heml�rie 5urvey, Abstract No. 594, J. Kjellberg Survey,
Abstract No. 16:10, Wm. Sajvis Survey, Abstract No. 1174, S. Pritchett 5urvey, Abstract IVo. 1004, C.
Byerly Suwv�y, ,4bs'tract Nr�, 145�, B.B.B. & C.R.R: Co. Survey, Abs�ract No. 176, G. West Survey, Abstraei
Na� 1393, 5. Pritchett Surveyy Abstract Na. 1021 and the NI. Paine Sunrey; A�stract No. 1036; and being
more partieularly described as fnllows:
6E�IhiNIIUG at the southwest eorner of the intersection of Interstate Highway 35 and U,S. Nighway 3�0
and being fihe mast vvesterly carner af Lat 1, Blotk l, of the QT 91� Addition, being recorded under
Co�anty Cleric's File C�o�um�rrt Na. Z011-31, Plat �eccrrds, De�i�an Caunty, Texas;
Thence South 45 Degrees �di fVlinutes 56 5econds East, along the west line of Interstate Highway 35 a
distance af 156,54. feet �o a point for a carnerr
Thence with'the wes� iines of Interstate Highway 35 the following forty six bearings and distances:
1, South 42 begrees 26 M inutes 11 Seeonds East, a, distance af 366.56 fiee�;
2. Sauth 25 Degrees 29 Minutes West, a distance of 60�.3 feet;
3, Sou�l�t 15 Degi-ees 01 �Ulinutes E�st, a d�st�nee o� 2,�25.6 f��t;
4 South 40 Degrees 12 Minutes 46 Seconds West, a distanee of 38.52 feet;
5, South 53 Degrees 43 Minutes 40 Seconds East, a distance of 52.43 feet;
5. Soufh 16 Degrees 01 Minutes East, a distanee of 918 feet;
i, Curve to I_eft with an Arc Length of 1,670 feet with a chord bearing South 26 Degrees 00
iUlinutes 015econds East, a distanee of 1,661.25 feet;
8. South 32 L�egrees 36 f�linu.tes 00 SeccrneJs East, a distanee of 597.?,� feet;
9. South 29 Degrees 42 fVlinutes 04 Seconds West, � distance of 46.48 feet;
10. Southeasterly crossing Prairie Street a distance of �7.72 feet;
11. South �7 Degrees 59 Minutes 3G Seconds West, a distance of 30.0 feet;
Page 5. of S
�XHG�IT `��"
12. South 03 Degrees 45 Minutes 16 Seconds East, a distanee of 644.27 feet;
13. Sauth 16 Degrees 10 �1linutes 29 Seconds East, a distance af 1,01S:S8 feet;
14. South 04 Degrees 41 IVlinu�es 19 Secands West, a distance af 3II0.05 feet;
15. SoutFr 6� Degrees 07 Minutes 33 Seconds West, � distance of 1,OQ4.:16 fe�t;
'16. S�uth 88 Degrees 28 Minutes 48 Seconds East, a distance ofi 593.29 feet;
17. East a distance 235 feet;
18. Suuth crassing FM 1515, a distance of 90 feet;
19. South �0 De�re�s 04 �/linuies 12 Ser,ands East, a distance o� 75.81 fee�t;
21�. South 1.9 begrees 03 I�linu�es 27 SeconcJs East, a distance of 310 feet;
21, Sa��th 01 Degr2es 41 IVlinutes 33 Seeonds V�/est, a distance oF 207 feet;
22, Sauth 16 Degrees 16 Mir�utes 33 Seconds West, a distanc� aF `1,255.77 fieet;
23. South 20 Degrees 50 IVlinutes 12 5econds West, a distance of 2,660.40 �eet;
24. South �9 Uegre�s 23 Minutes 20 Seconds West, a distance of 107.75 feet;
2S. 5outh 00 Clegrees 36 IViinutes 4Q Seconds East, a distance o� 178.14 feet;
26. North �9 Degrees 23 Minutes 20 Seconds East, a distance of 70 feet;
27, Soutn 23 begrees 42 Minutes 32 Secands West, a distance of 199.58 feet;
�8, Curve ta the Right with an arc Lengih af 585.62 and a chord bearin� oi South 23 Degrees 50
MinUtes 56 Secorrds West, a distance of 585.35 feet;
29. Sc,uth 26 Degre�s S1 Minutes 40 Secands West, a distar�ce of 358.22 feet;
:30. Sc�uth 31. De�rees �9 Minutes OCl Seconds West, a distance of 200.56 feet;
31, 5outh "26 Degrees 51 Minutes 40 Seeands West, a distance of 602.2Q feet;
32. South 85 �egrees 5$ Nlinuies 20 Seconds West, a distance of 30i feet;
33. 5auth 57 Degree.s 32 Miriutes S15ecorids West, a distanc� of 62 feet;
�4. South 00 Degrees 55 Minu�es 00 Secc,nds East a distance ai 3Z feet; ,
35. South 33 Degrees 20 Minutes 3� Seconds East, a distance of 3�.8.16 feet;
36, South 2.6 Degrees 51 Minutes 40 Seconds West, a distance Uf 4,900 Feet;
37, South .36 begrees 47 Minutes 14 Seconds West, a distanee af 406.08 feet;
��. Sauth 26 Degrees 51 IV1inu2es 40 Seconds West, a distance of 426 fe2t;
�9. Narth 63 Degrees IJ� Minutes 20 S�conds West, a distance� r�f 490 ���t;
40. South 26 begr�ees S1 Minutes 40 Seconds West, a distance of 100 te2k;
41. Sc�uth 39 Degrees 17 Minutes 1� Seconds EasY, a dist�nce of 207.74 feet;
42. South 0.5 Degrees 19 Minutes 14 Seconds West, a ciistance of 204.27 fieet;
43. South 26 Degre2s 51 Minutes 40 5econds West, a distai�ce of 400 feet;
44, South 2II L�egrees 32 Minutes 48 Seconds East, a distance of 352.28 Feet;
4S. 5outh 26 Degrees 51 Minutes �40 Seconds West, a distance of 855.43 feet;
46. South 26 Degrees 51 Minutes 40 Seconds West, a distanee of 1,031.33 feef;
Thence Soutl�r 26 Degrees 51 fUlinutes 40 Seconds West, alon� ihe west line c�'F said li�l�r�ta�e Highway
35 a clistante aF 1,U31.33 feet to a point for a corner on th� west lir�e of said Interstate Highway 35 and
said poi��t also k�eing the begir�ning of a curve tn �he right having a radius of 15,840 feet;
Thence with said curve to the right an arc distance af 17,933.63 feet, said cuo�ve has a chord bearing and
distance of North 51. Degrees �"1 fVlinutes 36 5eeonds West, 16,991.05 feet to a point for a corner and.
said point lying r�n the existing Denton city limits established by Ordinance �GJ06-205;
Page 2 of 5
�x�r���r „���.
Thence Narth 00 Degrees 32 Minutes '1S 5econds East, alang said city limits line a distance of 1,941.14
feet to a point for a corner, said point lying an the intersecting centerlines af Tom Cole Road and C. Wolf
Roado
Thence North acrcrss Tom Cal� Road � d'astance of 25 feet fa a point for a cocner, said point lyir�g on the
north right-of-way line ofl'om Cole Road;
Thence West along the north right-af-way line ofTom Cole Road a distance of 5(70.UC1 feet to a paint for
a carner, saic� point being t.he intersection of the east right-of-way line of C. Walf Road and �he IVorth
right-af-way line aF Ta� Cnle Road;
Thence in a IVortherly directic�n, alang course and distances of the implied east right-of-way line of C.
Wolf Rnad a ciisianc� raf 4,,340.63 feet to a point for a carner and said point also being the beginning of a
curve to the right having � radius of 15,840 feet;
7hence with said curve ta th� ri�ht an arc distance af i,744.15 feeY, said curve having a chnrd bearing
arrd distarrce of North 18 clegrees 04 minutes 28 seconds East, 7,666.93 feet, to a point for a corner an
the sauth right-nf-vuay line oF U.S. Highway 380;
1"henc� with and along the south right-of-way line of U.5. Nighway 380 the follawin� sixty one bearings
and distances:
1. South 84 Degrees 16 Minuies 31 Seconds East, a distance of 585.53 feet;
2. .Sauth 87 C7egrees 55 Minutes 32 5econcis Easi, a distance af 751.92 feet;
3 Sr�u�h 78 C7egrees 27 RJlin�ates 45 Seconds East, � distance of 152.07 feet;
4. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 257..10 feet;
5. Saukh 87 C�egrees 55 IViiriutes 32 5econds East, a distance of 348.9b feet;
6. North 78 [7egr2es 02 Minut�s 17 SecUnds Cast, a distance af 103.0� feet;
7. South 87 �egrees 55 Minutes 32 Seconcis East, a disfance c�f 220,22 feet;
8. 5outh 8i Degrees 55 Nlinutes 32 Seconds E�st, a distance of 79.78 fee�;
9. Sauth 72 �egrees 4C1 Nlinutes 15 Seconds East, a distance of 106.26 feet;
10. Sputh 72 C7egrees 40 Minutes 15 Seconds Eas�, a distanee of 121.77 feet;
11. Snu�h 8i D�grees 55 Minutes 32 Seconds E�st, a distance nf 150.4b feet;
12, Sauth 8i Degrees 55 Minutes 32 Seconds East, a dis�ance of 2i9.60 feet;
13, Nnrth 75 Degrees 22 Nlinutes 28 Seconds East, a distance of 52.2C1 feet�
�.4. South 87 Degrees 55 Minuies 315eeonds East, a distance of 605.27 feet;
15, North 85 C?e�r�es 3� I�iinute:s. 21 Seconds East, a distance af 25Q.�6 feet;
16. North 85 begrees 39 tVlinutes 2i Seconds East, a distance af �45.10 feet;
17. Sou�h 87 Degrees 55 Minutes 31 Secands East, a distanc� of 1A�8 feet,
�.8. f�lorth %9 Degrees 19 Minutes 02 Seconds East, a distance of 104.58 feet;
19. South 87 Degrees 55 IVlinutes 32 Seconds East, a distance of 150 feet;
�0. 5cruth 79 Degrees 23 Minutes 415econds East, a distance of i01.12 feek;
21. South 8? begre2s 55 IVlinukes 32 5ecands Eas�, a distanee of 200 feet;
Z2. Nnrth 83 Degrees 32 Minutes 38 Seconds East, a distance of 101.12 fe2t;
�3. 5outh 87 Degrees 55 Minutes 32 Seconds East, a distance of 807.82
24. South 87 C7egrees SS Minufes 32 Seconds East, a distance of 51.13 feet;
Page 3 of 5
i ��
2S. South 87 Degrees 5S Min�tes 32 Seconds East, a distance of 60.13 feet;
26. Snuth 87 Degr2es SS Minutes 32 Seconds EasY, a distance of 332.81 feet;
2i. South 80 Degrees 1(7 IVlinutes 46 5econds East, a distance c�f 250.40 feet;
28. South E�7 Degrees 55 Minutes 46 Secands East, a distance of 1,201.54 feet;
Z9. South 87 Degrees SS Minutes 46 Seconds East, a distane� of 50.36 f�et;
30. North 78 Degrees 45 Minutes 36 Seconds East, a distance of 102.76 feet;
31. :Sauth t�7 Degrees 55 Mir7utes 315econds East, a distance af 259.46 feet;
32. South �G2 Degr�es 4� Minuies 43 Seconds East, a disl:ance of $4.30 feet to the point af
intersection of the west right-af-way line of Masch Branch Raad and the south right-of-way fine
a� U.S. Flighway 3�0;
33. East, across Masch Branch Road a distance of 60 feet;
34. Narth 46 Degrees 30 Minutes �.� Seconds East a distance of 79.�2 feet;
35. Sauth 87 Degrees 55 Minutes 32 Seconds Gast, a distance of 618.58 feet;
36, North 89 DegrPes 12 Minutes 3i Sec�nds East, a distance of 83.99 feet;
3i. South 87 De�rees 55 Minutes 32 Seconds East, a distance of 302.71 feet;
38. Sc�uth 87 C7egrees 55 Minutes 32 Seconds East, a distance of 132.15 feet�
39. 5outh 87 Degrees 55 Nlinutes 32 Seconds East, a distante of 1�3.59 feet;
40. Sor.ith 76 Degrees 36 Minutes S8 Seeonds East, a distance oF 101.99 feet;
41, South 87 Degrees 55 Minutes 3?_ Seconds East, a distance af 588.59 feet;
42. South 8i �egrees 55 Minutes 32 Seec�nds Eas�, a distance af 176.54 feet;
43. Snuth �7 De�rees 55 Minutes 3� Secands Cast, a distanc� af 284.87 feet;
44. South 85 Degrees 03 Minutes 46 Seconds E�si, a distance of 100.'13 fe21;
45. South 87 Degrees 55 Minut�s 32 Secands East, a distance of 107.84 feet;
�6. So�Fth 44 Degrees 07 Minutes 45 Secands East, a distance of 12.40 feet to the point of ,
intersec�ioe� of the west right-of-way line of Western �oulevard and the south rigl�t-oF-�✓ay line
of U.S. Wighway 380;
4i. East, across Westerr7 Bnulevard a distance of 13S feet ;
48. North 4S C�egrees 52 Minutes �5 Seconds East, a distance af 11.8� feet;
�-�9, South 87 begrees 55 Minutes 32 Seronds East, a disfance of �00.5� feet,
S0. South 87 Uegrees 55 Minutes 32 Secor�cls East, a distance of 245.39 feet;
51. Snuth 87 Degrees 55 Minutes 32 Secands East, a distance af 743.91 feet;
5�, South i6 [7egrees 36 Minutes 57 Seconds East, a distance of 50.99 feet;
53. .South 87 De�rees S5 Minutes 32 Seeonds East, a distance of 33i.93 feet;
54. North i3 17egr2es 14 Minuies 04 Seconds Eas�t, a distance of 67.24 feet;
55. South �9 L�egrees 03 Minukes 14 Seeonc9s East, a distance of 100 feet;
56, South 72 D�grees 21 Minutes 14 Seconds [ast, a distance af 104.40 fe2t,
57. 5outh 89 Degrees 03 Miriufes 14 Seconds East, a distance af 116.36 feet;
58. South 89 Degrees 03 R/linutes 14 Seca��ds East, a dist�nce afi 133.e�� �eet�
59. North 82 begrees 24 Minutes 5S Seconds East, a distance of 202.24 feet,
60. South 89 (7egrees 03 Niinutes 17 Secnnds East, a dist�nce of 80 feet;
61. Sauth 62 Degrees 29 MiniJtes 1� Seconds East, a distance of 97.13 feet;
ihence South 89 Degrees �J3 Minutes 14 Seconds Easf, continuing along the snuth right-of-way line of
U.S. Highway 380 a distanr� of 140 feet to a point for a corner a.nd 6ein� the norih�Nest cornPr of s�id
Lot 1, Black 1 QT 912 Addition;
Page 4 af 5
E)��11�6� �����
Thence Nnrth 64 Degrees 58 Minutes 35 Seconds East, along the Soufih line of U.S. Highway 3�0 and
Norfh line af said Lot 'l, Blncic 1 QT Addition a distance of 88.Z8 feet �o a paint for a corner;
Thence South �$ Degrees 04 Minutes 15 Seconds East, along the South line of U.S. Highway 380 and
North line of said Lot 1, [31ock :1. QT Addition a distance of 142.G3 feet to a point for a corner;
Thence Souf.h 71 Degrees 41, Mir7uCes 15 Seconds East, along the South line of U.S. Highway 380 and
IVorth line of said Lot 1, E31oc4< 1 QT ArSdiiiun a distance af 163.37. Feei to a point far a corner;
ihence South 45 Degrees 25 Minutes 20 5econds East, along the South line af U.S. Highway 3$0 and
North line c�f said Lot 1, Block 1 QT Additian a distence af 148.34 feet to the P�IIVT d�F �E�IN(VIfVCa and
r.ontaining in all approximately 8,533 aer�es of lanr�, more or less.
SAI�E �IVN� E�CCEP7° from th� abr�ve described �,533 acre tract �II those tracts khat wei�e specifically
Saved �nd Excepted fram City of Derrtan anne>cation ordinances 2010-117, 2010-121, 2010-1�Z and
�01a-i73, thase 5ave and Excepi tracts described �herein being subject ta cert�in non-annexation
agreements arrd ai�e not presently situa�ed uvithin the municipal boundaries of the City of Dentan, Texas.
Page S nf 5
���-�����,�� PI�IP
Cor��ir�ed Heating ar�d Pc�wer Economic C�evelapn�ent District
(CHP-EDD)
�- Combined Neating and Po���er Plant �ocatian
s:Ue�al\our dc�c�dments\orrlinrr�ces\13\electi�n orclinance foc gas utility.doc
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WHEFtEA�9 the Denton �ity Chart�r, �ection 12.01 provides that the City of 17ent�an
may own9 acquire, coilstruct, rr�aintain, and operate a pliblic utility which was not avaned and
operated by th� City on the effective date of the adoption of the City's Home Rule �harter,
February 24, 1959, upon tl�e approval af a majarity af the qualifiecl voters of the City; and
�rVIIEIZEAS, the City af I7enton did not own atid operat� a gas utility an the ref�renced
date; and
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�7VI�EI�AS, the City �ou�lcil has de�errt�in�d it is in the best int�r�sts of the City of
�enton to call an el�cti�r� �o allow th� voters io deterrr�ine whether they desire that the City own
and operate a gas ukility in the industrial ar�a near the City of I�enton airpori, which lcrcaiion is
more particularly de�cribed in Exhibits "A" and "�" a�ttachcd hereto and incorporated h�rein, foi
ihe purpase of providi�g gas r.ltility s�rvices ta non-residential customers; and
W�-IEFZEA�, the City Council determiiles to utilize authority granted to the City by th�
electorate to b�corne a,gas utility ir� this limited area of the City and for this lirriited purpose in
s;Alegal\o�ir doc�amenfs\ordinances\13\electic�n ortti��ance f"or gas utility,rloc
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WI�EIZEAS9 t11e City C;ouncil finds that the pro�posecl electioil is in the public inteiest and
that th� ballot proposition does nat coniain tnor� than one subject; �i�W, TI�E1�F'OR�,
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�E�T��JN 1. The pr��l�bl� to this Ordinance is incorpar�ted by refelence and adopted
as though set forth in fiirl in the bocly of this Ordinance.
SE�TI<JN 2. In accordanc� with ihe provisions of th� I7er�ton �ity Cliar�er, Section
12.01, there shall b� submitted to the voters of ihe City of Denton9 Texas, at an electron to be
held on IVIay 1 l, 20139 th� follo�vin� proposition:
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SECTION 6. Th� cap�ion of this Ordinance shall be published in a newspa�er of general
circulation in ihe City of I7enionq in coinpliance with tl�� prc�visions of law. FL�rtller, this
Ordinance may be published in parnphl�t form and shall be �d�nissibl� ir� such forrn in any court,
as provided by law.
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s:Alegal\ciur documents\ordinances\13\electi�n ordinance firr �;as utilit}�.doc
CJrdir�ance and the City Co�.ancil of �he �ity �f I��nto� h�reby declar�s th�� they �vould have
enacted su�h r�tnaining portions despit� any such invalidity.
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S�C'TION 9. This �Jrdinance shall b�com� effe�tiv� irrirr��diately upon its passag� and
approval.
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ATTEST:
JENNIFEIZ WAL,TERS, CIT�I SECRETAIZY
,
APPI�OVEI7 AS TC� LEGAL FC�RIVI:
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�E(�INNING at the inters�cti�� of th� centerlines of C, �Jolfe l�oad at�d Jizn C1lrist�l l;.oad;
TI�ENCE easterly �vith �11� centerline oi Jim Chris�al Ftaad to a poir�� being the int�r��ctir�g c�i-�i�rlin� of
Thamas J. E�an Itoad;
TI-iEIVCE vorthwes��rly with the ceriterline of T17orr��s J. Ega�a �Zo�d to a poini being the irli�rsecting
c�nterline c�f U.�. �Iighway 380;
TI�EN�E easterly with �he centez•lin� of U.�. I�igh�vay 3$C to a point beiilg th� intersecting cen9:erlia�e of
Interstate Ilighway 35;
"I'HEN�E southeast�rly with the c�nterline of Interstate I�igh�vay 35 to a point being ilae intersecting
centerline of Int�rstat� �Iighway 35 �/�st;
T�IENCE southwesterly with the centerline of Inierstate Highway 35 \7Vest to a point being th�
intersecting centerline of J�hn 1'aine Road;
THENCE northerly with ihe centerline of John Pain� Ro�d to a point b�ing th� intersecting centerline of
F.M. I�ighway 2449;
THENCE w�sterly �viih the c�nterlin� of F.M. I�igh�vay 244� io a point being ihe ii7tersecting celiterline
of �. Wolfe Road;
T'�IENCE northerly with the centerlin� of C. Wolfe Road to a point being the intersecting centeriine of
Tom Cale IZoad;
T'IIENCE westerly �vith the ce�terline o� Tc�m Cale Road to a point beiilg the intersecting cenierline of
C. Walf� R�ad;
T�IENCE nortllerly �vith th� ceTit�rline of C. Wolf� R.c�ad to the POINT OF �EGINNING.
Page 1 of 1
EXHIBIT "B"
Proposed Natural Gas Service Area
s:\legal\our documents\miscellaneous\13\ais kelsey engagement.doc
AGENDA INFORMATION SHEET
AGENDA DATE: February 12, 2013
DEPARTMENT: Legal Department
CM/DCM/ACM: Anita Burgess, City Attorney
SUBJECT: Consider approval of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute an engagement arrangement ("Engagement") with
Kelsey, Kelsey & Hicicey for legal services regarding property acquisitions and claims matters
related to electric transmission line and electric substation purposes of Denton Municipal
Electric; authorizing the expenditure of funds therefor; and providing an effective date.
BACKGROUND: The City of Denton is in the process of acquiring numerous real propei�ty
interests and addressing claims related to the expansion and improvement of electric
transmission facilities of Denton Municipal Electric ("DME"). Pursuant to the opinion of
Denton's outside legal counsel, the legal costs to be incurred pursuant to the Engagement are to
be included in DME's transmission cost of service and not borne by DME and its ratepayers.
Instead, such costs are spread across all ratepayers in Texas within ERCOT.
Accordingly, please see the attached proposed Ordinance for your consideration.
OPTIONS: Approve, deny, or postpone the action, ''
RECOMMENDATION: Staff recommends approval of this Ordinance.
Attachment: Ordinance
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Anita Burgess
s:\legal\our documents\ordinances\13Uceisey engagement ordinance.doc
ORDINANCE NO. 2013-
AN ORI7INANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE AN ENGAGEMENT ARRANGEMENT WITH KELSEY,
KELSEY & HICKEY FOR LEGAL SERVICES REGARDING PROPERTY ACQUISITIONS
AND CLAIMS MATTERS RELATED TO ELECTRIC TRANSMISSION LINE AND
ELECTRIC SUBSTATION PURPOSES OF DENTON MUNICIPAL ELECTRIC;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage Kelsey,
Kelsey & Hicicey (the "Firm"), to provide legal services pertaining to the property acquisitions
related to the Denton Municipal Electric future electric transmission line projects and future
electric substation projects to be situated within the City's duly-certificated service territory and
the matter styled Roth, et al. v. Ciry of Denton, Texas, Cause No. 2012-60839-393 pending in the
393`d District Court of Denton County; and
WHEREAS, the approved City Capital Improvement Plan for 2013-2017 provides for the
construction of twelve (12) substations and seven (7) transmission line projects that call for the
acquisition of real property interests; and said projects provide for the future electric reliability of
the City; and
WHEREAS, the Firm is highly competent in the area af real property transactions,
including, without limitation, eminent domain activities and is highly qualiiied to perform the
services prescribed in the engagement �rrangeme�t; and
WHEREAS, these services are necessary, and that due to their volume, should be
performed by an outside law firm; and City Staff has selected this outside law firm because of its
high reputation in the legal profession in the areas of real property law. The City Council has
further determined that the firm is highly competent and the fees under the engagement
arrangement are fair and reasonable, and are consistent with other attorneys' fees for such
services; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-referenced professional services in order td support the activity of Denton
Municipal Electric, the City's electric department, and that limited City staff cannot timely
perform the services and taslcs with respect to the above stated services with its own personnel;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. 'I'he preamble and recitations to this ordinance are hereby adopted as
express'findings of the City Council and are incorporated herein for all purposes.
s:\legal\our documents\ordinances\13Ucelsey engagement ordinance.doc
SECTION 2. The City Manager is hereby authorized to execute the engagement
arrangement by and between the City and Kelsey, Kelsey & Hicicey (the "Agreement") for
professional services, as stated in said Agreement; such Agreement in the form of the Agreement
attached hereto as Exhibit "A", incorporated herein by reference.
SECTION 3. The award of this Agreement by the City is on the basis of the
demonstrated competence, icnowledge, and qualifications of the Firm and the demonstrated
ability of the Firm to timely perform the services needed by the City for fair and reasonable fees.
SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby
authorized.
SECTION 5, This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
i�
By, � .�� . ���.
MARK A. BURROUGHS, MAYOR
�
Exhibit A
KELSEY, KELSEY & HICKEY
ATTORNEYS & COUNSELORS
RICHARD H.IC�LSEY
Board Certified, TEXAS BoARD OF LEGAL SPECIALIZATION -
Commercial, Residential, a�id Farm and Ranch Real Estate Law
Estate Planning and Probate Law ''
Jofnv E. KELSEY
Certified Ad Litem, STATE BAR OF TEXAS
Probate Matters
SCOTT VV. HICIC�Y
Board Certified, TEXAS BOARD OF LEGAL SPECIALIZATION
Oil, Gas and Mineral Law
February 6, 2013
Ms. Anita Burgess
City Attorney, City of Denton
215 E. McKinney
Denton, TX 76201
RECEiVED FEB 06 2013
Re: Caty of De�ito�a — De�ztori Mu�iicipal Electric Expa�isio�z Project
Dear Ms. Burgess:
Thank you for the opportunity to discuss the above project with you and Richard Casner.
We are excited about the opportunity to work with you and the City of Denton/DME on this
proj ect. , � ,
We understand the scope of the project to be very extensive, covering perhaps five to
seven years from beginning to end. The general concept of our role in the project is to be directly
involved in the acquisition of property rights necessary to support the project. The legal services
we foresee at this time are as follows;
A. Identify and understand the scope of the project and how all the pieces of the
project fit together. This will entail extensive discussions with DME, surveyors,
appraisers, title companies, right-of-way agents, communication with Iandowners,
continuous communication and coordination with city staff and DM�, preparation
of appropriate documents, negotiation with landowners, lien holders, other
utilities, mineral owners, and all those who might be affected by the activity,
arrange for disbursement of funds necessary to pay landowners, right-of-way
persons, surveyors, appraisers, and title companies, periodic reports on status of
Mailing: PA. Box 918, Denton, Texas 76202-0918
Physical: 2225 E. McICinney St., Denton, Texas 76209
(940) 387-9551 Metro (940) 243-2888
Facsimile (940) 387-9553
�vww.dentontexaslawyers,com
Ms. Anita Burgess
February 6, 2013
Pa�e 2
work and the inevitable unknown issues that will arise, continuous review of all
documents necessary and appropriate for the project and each individual tract of
land and landowner, ensure compliance with all state law and applicable laws, and
unforeseen events.
B. Set up a system whereby each phase, tract of land, and construction plans are all
coordinated to move as expeditiously as possible.
C. Develop and implement a philosophy and approach to negotiations with
landowners so as to minimize adverse feelings in the community.
D. Prepare, lceep and maintain all records that may be necessary or appropriate as
permanent records of the City regarding this project. Those records will be turned
over to the City per the records retention policy of the City.
E. Prepare, file and prosecute eminent domain proceedings through all phases of
each case.
Personnel available for this project are as follows. All three of our attorneys will be
available for the project. Curriculum Vitae of each of the attorneys are attached. This firm has
over forty years of experience in land acquisition and eminent domain proceedings. The firm
does not do law practice in divorces, personal injury, or criminal work. Our area of practice is in
property and property related issues including contracts, municipal planning and development,
probate, real estate, oil and gas, business entities and business transactions. The firm also does
extensive litigation worlc in our area of practice. Though the attorneys will be in charge of all
phases of the project, we plan to hire a full time employee who will be the project manager
within our office. This person will have responsibility to worlc closely with the attorneys to
coordinate all matters and develop and implement a workflow chart so that we will know where
each tract of land and each element of the project is at any particular time. We have identified an
employee whom we think is very suitable for the project. We anticipate that she will continue to
stay with us for an extended period of time. She would also be the person who is always
available for immediate contact and coordination for all information brought in or sent out, It is
possible that we may retain the services of additional attorneys and employees depending on the
total demand for services. We assure the City that we will keep and maintain adequate personnel
to do the job efficiently and effectively.
We need to work directly with DME on engineering, surveying, and similar issues. DME
will prepare for us a list or a summary of all the things that need to be accomplished for the
project to be worlced on and completed. We must have accurate survey data and route maps. We
have worlced with Paul Williamson and the real estate division in the past and will continue to do
so as appropriate or necessary for the project. We have worked well and efficiently with City
departments and will continue to do so. It will be appropriate for each of the City departments or
divisions and DME to designate a point person for this project so that the incoming and outgoing
information does not get fractionated among different persons. We aslc the City to tell us which
Ms. Anita Burgess
Februaiy 6, 2013
Page 3
departments they want involved in which area of the project and to designate the appropriate
point person.
We propose the following in regard to payment of fees and expenses:
A. The current rate for attorneys is as follows: 1.) Richard Kelsey -$325.00 per
hour; 2,) Scott Hicicey -$300.00 per hour; 3.) John Kelsey -$275.00 per hour, If
we involve other attorneys in the project, we will only do so after approval by the
City Attorney's office. No fee for any additional attorney brought onto the project
will exceed $300.00 per hour. Each attorney will lceep accurate, detailed billing
records and will submit billing on a monthly basis to the City Attorney's office.
The worlc of each attorney will be identiiied and billed accordingly. Paralegals
will be billed at $75,00 per hour. The work the project person does for the project
will be billed out at legal assistant rates. Fees are charged in 1/10 of an hour (six
minute) increments. The billing will be by the hour and fully documented. We
anticipate that all bills will be paid thirty (30) days after billing,
B. We have been told by the City attorney's office that they would prefer that we
handle the entire project to include all parts and functions, We visualize these
functions as follows:
1. Surveyors;
2. Appraisers;
3 , Right-of-way negotiators;
4. Title companies;
5, Other functions as necessary.
Our concept is that we would deal with all these subparts with the persons selected
and approved by the City. We will be available to review their proposed rate
structure and fees and charges. All expenses of third party billing will be invoiced
directly to and paid by the City.
C. All expenses will be itemized. Any major expense will be incurred only after
approval by the City Attorney's staf£ Each service provider will have a separate
contract which describes the scope of worlc and the billing procedures and
documents. Those contracts will be approved by the City.
We anticipate furnishing verbal and written status reports as may be necessary or
appropriate, We will be available for appearance before the City Council or any subcommittee as
well as the department heads.
Ms. Anita Burgess
February 6, 2013
Page 4
No one can thinlc of all matters that might arise. There are always unanticipated events.
There are always judgment factors involved. We understand that we cannot and will not malce
any agreements on behalf of the City which have not been expressly approved by the City
Attorney's office or the City Council, We will not hold ourselves out as agents of the City
except in our capacity as attorneys. We will not enter into any agreements that have not been
previously approved by the City Attorney or the City Council.
In addition to the worlc on the project set foi�th above, it is our understanding that the City
is asking us to be involved in the litigation for that certain case currently pending under Cause
No. 2012-60839-393, Roth et al v. City of Denton, Texas, in the 393'�d District Coi�rt of Denton
County, Texas, We are able to serve as co-counsel or substitute into the suit as the new lead
counsel. The same hourly rates would apply for the worlc performed on this case on behalf of the
City.
CONCLUSION
It has been our experience over many years in handling many types of projects lilce this
one that, if you communicate with persons in an open and fair manner and explain the necessity
for their cooperation, most persons are relatively easy to worlc with for a fair resolution. Of
course, there will always be the few persons with whom cooperation is impossible, They must be
dealt with within the court frameworlc. We understand that we worlc at the pleasure of the City
Council and that our arrangement can be revisited as necessary or appropriate by the City or by
us as may be appropriate. We intend to take the long term view of this relationship so that the
entire project can be handled consistently and effectively through our services and staff.
Thank you very much for the opportunity to be of service to the City, We loolc forward to
finalizing these arrangements to a mutual satisfaction.
Please advise if you have any questions.
Very truly yoursa
-�.� ��`` �` �
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.
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Richard H. Kelsey
RHK/amj
Enclosures; as noted
GEORGE C, CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
, �
BY: �� �....� �� �
s:\legal\our documents\contracts\13\kelsey engagement letter signature page.doc
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013
DEPARTMENT: Denton Municipal Electric
ACM: Howard Martin, 349-8232 �"��i��"'''--
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Contract of Sale (herein so called), as attached to the ordinance and made a part thereof as
Exhibit "A", by and between the City of Denton (the "City"), and CODELLA LLC (the "Seller")
contemplating the sale by Seller and purchase by City of a 2.486 acre tract of land, more or less,
situated in the T.M. Downing Survey, Abstract Number 346, in the City of Denton, Denton
County, Texas, as more particularly described in Exhibit "A" to the Contract of Sale (the
"Property Interests"); for the purchase price of Three Hundred Fifty Thousand and No/100
Dollars ($350,000.00); authorizing the City Manager, or his designee, to execute and deliver any
and all other documents necessary to accomplish closing of the transaction contemplated by the
contract of sale; authorizing the expenditure of funds therefore; and providing an effective date.
BACKGROUND
In accord with the current 691cV Transmission Line Re-build project initiative, staff is
undertalcing the identification of the additional land rights necessary to accommodate the
constniction and operation of the improved electric transnussion and distribution system.
In respect to the tract owned by CODELA LLC, the project requires the fee simple acquisition of
a 2.486 acre tract of land, to accommodate the electric utilities and electric substation
infrastnicture. The 2.486 acre proposed acquisition tract would constitute a partial acquisition
or severance, out of the CODELA LLC overall 18.5 acre parent tract.
Pyles Whatley Corporation has provided a real estate appraisal report in regard to the CODELLA
LLC property tract. The City made an Initial Offer to purchase the Property Interests (Ordinance
No. 2012-264), such offer authorized by the City Council on October 2, 2012, was based on the
findings in that appraisal report ($286,489.00). That offer to purchase and the appraisal report
was subnutted to the Seller on October 9, 2012. The City Council also approved a final offer to
purchase the captioned fee simple land rights on Febniary 5, 2013 (Ordinance 2013-034).
In the interim the Seller has engaged in formal negotiation dialogue with staff, and provided a
counter offer at $350,000.00 as settlement of the matter. Delivery of an executed Contract of Sale
is expected from the Seller prior to the convening of the Febniary 12, 2013 City Council
meeting, in the form attached to the ordinance as Exhibit "A", otherwise this item will be pulled
from the agenda.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the Seller.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
July 23, 2012 Public Utility Board Executive Session.
August 7, 2012 City Council Executive Session.
September 10, 2012 Public Utility Board Executive Session.
September 11, 2012 City Council Executive Session.
September 24, 2012 Public Utility Board Executive Session.
September 24, 2012 Public Utility Board Consent Agenda. Approved 5-0.
October 2, 2012 City Council Consent Agenda
December 4, 2012 City Council Executive Session
Febniary 5, 2013 City Council Executive and Consent Agendas
Febniary 11, 2013 Public Utility Board Executive Session and Consent Agendas
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transnussion Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
offer price of $350,000.00 plus closing costs as prescribed in the Agreement are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
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Pamela England
Real Estate Specialist
Respectfully subnutted,
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Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
�
LOCATION MAP
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I
Denton Municipal Electric Proposed Acquisition
Gerald Vela - 2.486 Acres
200 0 100 200 400 FEET
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ordinance final (2).doc ExH I B I� 2
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE (HEREIN SO
CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A", BY
AND BETWEEN THE CITY OF DENTON (THE "CITY"), AND CODELA, LLC (THE
"SELLER"), CONTEMPLATING THE SALE BY SELLER AND PURCHASE BY CITY OF A
A 2.486 ACRE TRACT OF LAND, MORE OR LESS, SITUATED 1N THE T.M. DOWNING
SURVEY, ABSTRACT NO. 346, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AS MORE PARTICULARLY DESCRIBED 1N EXHIBIT "A" TO THE CONTRACT OF
SALE (THE "PROPERTY INTERESTS"), FOR THE PURCHASE PRICE OF THREE
H[_JNDRED FIFTY THOUSAND AND NO/100 ($350,000.00); AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL OTHER
DOCLJIVIENTS NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTION
CONTEMPLATED BY THE CONTRACT OF SALE; AUTHORIZING THE EXPENDITLJRE
OF FLJNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an offer to the predecessors to Seller to purchase
the Property Interests on October 9, 2012, pursuant to Ordinance No. 2012-264, passed and
approved by the City Council of the City of Denton on October 2, 2012;
WHEREAS, the City of Denton authorized a final offer to be provided to Seller to
purchase the Property Interests, pursuant to Ordinance No. 2013-034, passed and approved by
the City Council of the City of Denton on Febniary 5, 2013;
WHEREAS, Seller has made a counteroffer to the offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to expand and improve the Denton Municipal
Electric Distribution and Transmission System to serve the public and the citizens of the City of
Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Contract of Sale, by and between the City and Seller, in the form
attached hereto and made a part hereof as Exhibit "A", with a purchase price of $350,000.00 and
other consideration, plus costs and expenses, all as prescribed in the Contract of Sale; and (ii)
any other documents necessary for closing the transaction contemplated by the Contract of Sale;
and (b) make expenditures in accordance with the terms of the Contract of Sale.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I�
Page 2
`, codnd`,depaitments�,uiiliiies administrntiom,shared,city council`,cc 2013`,februniv I2, 2�13�COC�ella�eX 3- COC�ela 1� Of Sale
(counter).doc
EXHIBIT "A"
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF DENTON §
This Contract of Sale (the "Contract") is made this day of
, 2013, effective as of the date of execution hereof by Buyer, as
defined herein (the "Effective Date"), by and between CODELA, LLC, a Texas limited
liability company (referred to herein as "Seller") and the City of Denton, Texas, a Home
Rule Municipal Corporation of Denton County, Texas (referred to herein as `Buyer").
RECITALS
WHEREAS, Seller owns that certain tract of land being more particularly
described on Exhibit "A", attached hereto and made a part hereof for all purposes, being
located in Denton County, Texas (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and all rights or interests of Seller in and to adj acent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances to the Land (collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions and
provisions herein contained, and subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Properry.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
itself, its successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Property. Seller, its successors and assigns shall not have the
right to use or access the surface of the Property, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Property for the location of any well
or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other
utility infrastnicture, and/or for subjacent or lateral support for any surface facilities or
well bores, or any other infrastnicture or improvement of any lcind or type in connection
with or related to the reserved oil, gas and other nunerals, and/or related to the
exploration or production of same.
`, codnd`,dep:utments�,uiilities administrntiom,shared,citv council`,cc 2013`,februaiv 12, 2013`,codelln`,es 3- codela k of sale (counter).doc
As used herein, the term "nunerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "nunerals" as utilized herein, shall be in accordance with that set forth in
Reed v. Wylie, 597 S.W2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The purchase price to be paid to Seller for the Property and the
compensation to Seller for remainder damages to be incurred as a result of the transaction
contemplated by this Contract, is the sum of Three Hundred Fifty Thousand and No/100
Dollars ($350,000.00) (collectively, the "Purchase Price").
2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100
Dollars ($1,000.00), as Earnest Money (herein so called) with Capital Title of Texas,
LLC, 620 West Hickory Street, Denton, Texas 76201 (the "Title Company"), as escrow
agent, within fourteen (14) calendar days of the Effective Date hereo£ All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract. If the
purchase contemplated hereunder is consummated in accordance with the terms and the
provisions hereof, the Earnest Money, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the
interest accnied thereon, shall be disposed of by the Title Company as provided in this
Contract.
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
benefit of Seller, a checic in the amount of One Hundred and No/100 Dollars ($100.00�
(the "Independent Contract Consideration"), which amount the parties hereby
acicnowledge and agree has been bargained for and agreed to as consideration for Seller's
execution and delivery of the Contract. The Independent Contract Consideration is in
addition tq and independent of any other consideration or payment provided in this
Contract, is non-refundable, and shall be retained by Seller notwithstanding any other
provision of this Contract.
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ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer a current Comnutment for Title Insurance (the "Title
Commitment") for the Property, issued by Title Company. The Title
Commitment shall set forth the state of title to the Property, including a list of
liens, mortgages, security interests, encumbrances, pledges, assignments, claims,
charges, leases (surface, space, mineral, or otherwise), conditions, restrictions,
options, severed mineral or royalty interests, conditional sales contracts, rights of
first refusal, restrictive covenants, exceptions, easements (temporary or
permanent), rights-of-way, encroachments, or any other outstanding claims,
interests, estates or equities of any nat�ire (each of which are referred to herein as
an "Exception").
(b) Along with the Title Comnutment, Seller shall also cause to be delivered to
Buyer, at Buyer's sole cost and expense, tnie and correct copies of all instniments
that create or evidence Exceptions (the "Exception Documents"), including those
described in the Title Commitment as exceptions to which the conveyance will be
subject and/or which are required to be released or cured at or prior to Closing.
3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall
cause to be prepared at Buyer's expense, a current on the ground survey of the Property
(the "Survey"). The contents of the Survey shall be prepared by a surveyor selected by
Buyer and shall include the matters prescribed by Buyer, which may include but not be
linuted tq a depiction of the location of all roads, streets, easements and rights of way,
both on and adjoining the Property, water courses, 100 year flood plain, fences and
improvements and stnictures of any lcind. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereo£ Seller shall
furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions
as required by the Title Company in order to amend the survey exception as required by
Section 3.05 below. The description of the Property as set forth in the Survey, at the
Buyer's election, shall be used to describe the Property in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of fifteen (15) calendar days (the "Title Review Period") commencing with
the day Buyer receives the last of the Title Commitment, the Survey, and the Exception
Documents, in which to give written notice to Seller, specifying Buyer's objections to
one or more of the items ("Objections"), if any. All items set forth in the Schedule C of
the Title Commitment, and all other items set forth in the Title Commitment which are
required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be
Objections without any action by Buyer.
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3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
within twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense.
Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure
those Objections or Exceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, or any extension thereof as agreed to by Buyer, then Buyer has the option of
either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections shall become Pernutted
Exceptions (herein so called), or
(b) ternunating this Contract by notice in writing prior to Closing and receiving bacic
the Earnest Money, in which latter event Seller and Buyer shall have no further
obligations, one to the other, with respect to the subject matter of this Contract.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a
standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to
Buyer. The Title Policy shall be issued by the Title Company, in the amount of the
Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Pernutted Exceptions and shall contain no other exceptions to title, with the standard
printed or common exceptions amended or deleted as follows:
(a) survey exception must be amended if required by Buyer to read "shortages in
area" only (although Schedule C of the Title Comnutment may condition
amendment on the presentation of an acceptable survey and payment, to be borne
solely by Buyer, of any required additional premium);
(b) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on the Survey, if a Permitted Exception);
(c) no exception will be pernutted for "rights of parties in possession";
(d) no liens will be shown on Schedule B.
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may obj ect to any Exception it deems material, in its sole discretion.
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ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contract and ending ninety (90) calendar days thereafter (the
"Absolute Review Period"), based on such tests, exanunations, studies, investigations and
inspections of the Property the Buyer deems necessary or desirable, including but not
linuted to studies or inspections to deternune the existence of any environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for
Buyer's purposes. Buyer is granted the right to conduct engineering studies of the
Property, and to conduct a physical inspection of the Property, including inspections that
invade the surface and subsurface of the Property. If Buyer determines, in its sole
judgment, that the Property is not suitable, for any reason, for Buyer's intended use or
purpose, the Buyer may ternunate this Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prior to the expiration of the Absolute Review
Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor
Seller shall have any further duties or obligations hereunder. In the event Buyer elects to
ternunate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will
provide to Seller copies of (i) any and all non-confidential and non-privileged reports and
studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) The descriptive information concerning the Property set forth in this Contract is
complete, accurate, tnie and correct.
(b) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and indefeasible fee simple title to the Property, subject only
to the Pernutted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
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(e) The Seller has not received notice of, and has no other lcnowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adj acent landowners or other persons against or
affecting the Property.
(f� The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Property and operation or intended operation
thereof, or any portion thereof, of which Seller has lcnowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(h) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
talcen any action which would result in any real estate brolcer comnussions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
(i) To the best of Seller's lcnowledge, there has not occurred the disposal or release
of any Hazardous Substance tq on or from the Property.
As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
or contaminant, including without limitation, PCB's, asbestos, asbestos-
containing material, petroleum products and raw materials, that are included
under or regulated by any Environmental Law or that would or may pose a health,
safety or environmental hazard.
As used in this Contract, "Environmental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and niles presently in force or
hereafter enacted relating to environmental quality, contamination, and clean-up
of Hazardous Substances, including without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
seq.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as
amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state
superlien and environmental clean-up statutes and all niles and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(j) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and any and all tenants or parties occupying the Property
pursuant to the Leases shall have permanently abandoned and vacated the
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Property on or before the date of Closing.
(k) The Seller is not a"foreign person" as defined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (10) calendar days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, tnie, correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any
lcind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereo� relating to the possession of the Property, or any part
thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases").
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments theretq
with respect to the Property that Seller possesses or has the right to
receive.
(b) From the Effective Date until the date of Closing or earlier ternunation of this
Contract, Seller shall:
(i) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance or any other agreement of any lcind with respect
tq or affecting, the Property that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property.
(iii) Not talce, or onut to talce, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or pernut to be attached or perfected, any
lien, encumbrance, or charge thereon.
(c) Seller shall indemnify and hold Buyer harmless, to the extent pernutted by law,
from all loss, liability, and expense, including, without linutation, reasonable
attorneys' fees, arising or incurred as a result of any liens or claims resulting from
labor or materials furnished to the Property under any written or oral contracts
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arising or entered into prior to Closing.
(d) Seller consents to Buyer applying for any zoning amendments, pernut
applications, including without limitation, specific use pernuts, and/or pursuing
any other activity deemed necessary by Buyer to obtain all local regulatory
approvals and consents to operate the Property as an electric substation and
electric transnussion facility (the "Permitting Activities"). Seller covenants and
agrees to timely execute and deliver any applications and/or other documents, as
owner of the Property, deemed necessary by the Buyer related to the Permitting
Activities.
(e) Seller consents to Buyer, at Buyer's expense, applying for and obtaining approval
of a conveyance plat of the Property in conformity with Subchapter 16 of Chapter
35 of the Denton Development Code (the "Platting Activities"). Seller covenants
and agrees to timely execute and deliver any applications and/or other documents,
as owner of the Property, as deemed necessary by the Buyer relating to the
Platting Activities.
(f� Seller stipulates and agrees that the payment of the Purchase Price at Closing
constitutes and includes all compensation due Seller by Buyer related to the
transaction contemplated by this Contract, including without linutation, any
damage to or dinunution in the value of the remainder of Seller's property caused
by, incident tq or related to the Buyer's use of the Property after Closing and/or
interference with Seller's activities on other property interests of Seller, caused by
or related to lawful activities on the Property by Buyer after Closing, whether
accniing now or hereafter, and Seller hereby releases for itself, its successors and
assigns, City, it's officers, employees, elected officials, agents and contractors
from and against any and all claims they may have now or in the future, related to
the herein described matters, events and/or damages.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in
Article III, all of Buyer's objections made in accordance with Article III.
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6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are tnie and
correct or have been performed, as applicable, as of the Closing Date, except where
specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the
date of Closing, any portion of the Property has been condemned by an entity other than
Buyer, or is the subject of condemnation, enunent domain, or other material proceeding
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyer's ternunation, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instnictions necessary to instnict the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller shall have no further obligations under this
Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) shall talce place in the
offices of the Title Company and shall be accomplished through an escrow to be
established with the Title Company, as escrowee. The Closing Date (herein sometimes
called), shall be ninety (90) calendar days after the Effective Date, unless otherwise
mutually agreed upon by Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at the expense of the party designated herein, the following
items:
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(i) The Title Policy, in the form specified in Article III, Section 3.05;
(ii) The Special Warranty Deed, substantially in the form as attached hereto as
Exhibit "B", subject only to the Permitted Exceptions, if any, duly
executed by Seller and acicnowledged;
(iii) Other items reasonably requested by the Title Company as adnunistrative
requirements for consummating the Closing.
(b) Buver• At the Closing, Buyer shall deliver to Seller or the Title Company, the
following items:
(i) The sum required by Article II, Section 2.O1, less the Earnest Money and
interest earned thereon, in the form of a checic or cashier's checic or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as adnunistrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing.
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar year in which the Closing
shall occur is not lcnown as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Property for the calendar year in which Closing shall occur is lcnown, Seller and
Buyer shall readjust in cash the amount of taxes to be paid by each party with the
result that Seller shall pay for those taxes attributable to the period of time prior to
the Closing Date (including, but not limited tq subsequent assessments for prior
years due to change of land usage or ownership occurring prior to the Closing
Date) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
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being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility for
such costs or expenses associated with closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this Contract are
untnie on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
linuts and in the manner required in this Contract; or
(iii) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or ternunation of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's
remedies for the default, may, at Buyer's sole option, do the following:
(i) Terminate this Contract by written notice delivered to Seller in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller shall, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to ret�irn to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring
Seller to convey the Property to Buyer subject to no liens, encumbrances,
exceptions, and conditions other than those shown on the Title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
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(iii) Seelc other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for
any reason other than a default by Seller under this Contract or ternunation of this
Contract by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's
sole and exclusive remedy for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to ret�irn to Seller
the Earnest Money; or
(ii) Enforce specific performance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered and received, upon the earlier to occur of (a) the date provided if
provided by telephonic facsinule or hand delivery, and (b) the date of the deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return
receipt requested, postage prepaid, addressed as follows:
SELLER: BUYER:
CODELA, LLC City of Denton
Paul Williamson
Real Estate and Capital Support
Telecopy 901-A Texas Street
Denton, Texas 76209
Telecop�T: (940) 349-8951
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Copies to:
For Seller:
Telecopy:
For Buver:
Richard Casner
First Assistant City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas governing the
validity, constniction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE 1N, AND THE EXCLUSIVE VEN[_JE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE 1N DENTON
COUNTY,TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors and assigns. If requested by Buyer, Seller
agrees to execute, acicnowledge and record a memorandum of this Contract in the Real
Property Records of Denton County, Texas, imparting notice of this Contract to the
public.
9.05 Risk of Loss. If any damage or destniction to the Property shall occur prior to
Closing, or if any condemnation or any enunent domain proceedings are threatened or
initiated by an entity or party other than Buyer that nught result in the talcing of any
portion of the Property, Buyer may, at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost,
obligation or liability, in which case the Earnest Money shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property,
shall be entitled to receive (i) in the case of damage or destniction, all insurance
proceeds; and (ii) in the case of enunent domain, all proceeds paid for the
Property related to the eminent domain proceedings.
Buyer shall have a period of up to ten (10) calendar days after receipt of written
notification from Seller on the final settlement of all condemnation proceedings or
insurance claims related to damage or destniction of any improvement located on
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the Property, in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall talce place as provided
in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
awards which may be payable to Seller on account of such event. In the event
Buyer elects to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such final settlement.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
linuting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to talce any actions that are to be, or may be,
talcen by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Phil Williams, General Manager/Electric Adnunistration of Buyer, or
his designee.
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which talcen together shall constitute one and the same agreement, and
any of the parties hereto may execute this Agreement by signing any such counterpart.
9.11 Business Days. If the Closing Date or the day of performance required or
pernutted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing Date or the date of such performance, as the case may be, shall be the next
following regular business day.
Conhact of Sale
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SELLER:
CODELA, LLC, a Texas linuted
liability company
By: _
Name:
Title:
Executed by Seller on the day of , 2013.
BUYER:
:
GEORGE C. CAMPBELL, CITY MANAGER
Executed by Buyer on the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
Conhact of Sale
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RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acicnowledges receipt of an executed copy
of this Contract. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Contract to perform its duties pursuant to the provisions of this
Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as
amended from time to time, and as further set forth in any regulations or forms
promulgated thereunder.
TITLE COMPANY:
Capital Title of Texas, LLC
620 West Hicicory Street
Denton, Texas 76201
Telephone: (940) 565-1919
Telecopy:
:
Printed Name:
Title:
Contract receipt date: , 2013
Conhact of Sale
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EXHIBIT "A"
to
Contract of Sale
Legal Description
Of
Property
BEING all that certain lot, tract or parcel of land situated in the T. M. Downing Survey,
Abstract Number 346, City of Denton, Denton County, Texas, an being part of that
certain tract of land described by deed to George Roland Vela and Emma Lamar Vela,
recorded in Volume 3225, Page 252, Deed Records, Denton County, Texas (D.R.D.C.T.),
and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (ASC) set for the southeast corner of said Vela tract and the southwest corner
of a tract of land described by deed to Gary Dennis Dillard and Jaynu Chris Dillard,
recorded in Volume 1188, Page 730, D.R.D.C.T., same point being in the north line of a
tract of land described by deed to Staff Realty, recorded under County Clerlc's File
Number 94-6845, Official Public Records, Denton County, Texas (O.P.R.D.C.T.);
THENCE South 89 degrees 27 minutes 42 seconds West, with the north line of said Staff
Realty tract, a distance of 196.70 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for corner in the south line of said Vela tract and the north line of said Staff
Realty tract;
THENCE North 00 degrees 33 nunutes 51 seconds West, over and across said Vela tract,
a distance of 820.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for
corner in the north line of said Vela tract and the south line of Mayhill Road;
THENCE South 72 degrees 32 nunutes 25 seconds East, with the south line of Mayhill
Road, a distance of 52.58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set
for the northeast corner of said Vela tract, same point being in the west line of a tract of
land described by deed to Brian Carter and Brenda Carter, recorded under Instniment
Number 2010-121541, O.P.R.D.C.T.;
THENCE South 00 degrees 33 nunutes 51 seconds East, with the west line of said Carter
tract, a distance of 348.72 feet to a 1 inch iron rod found for an inner ell corner of said
Vela tract and the southwest corner of said Carter tract;
THENCE North 89 degrees 03 minutes 33 seconds East, with the south line of said
Carter tract, a distance of 149.72 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for the most easterly northeast corner of said Vela tract and the southeast
corner of said Carter tract, same point being in the west line of said Dillard tract;
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THENCE South 00 degrees 11 minutes 09 seconds East, with the west line of said
Dillard tract, a distance of 456.97 feet to the POINT OF BEGINNING and containing
2.486 acres of land, more or less.
Conhact of Sale
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EXHIBIT "B"
to
Contract of Sale
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER' S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That CODELA, LLC, a Texas linuted liability company (herein called
"Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the City
of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "Grantee"),
215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby
acicnowledged and confessed, subject to the reservations set forth below, has GRANTED,
SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY,
unto Grantee all the real property in Denton County, Texas being particularly described
on Exhibit "A", attached hereto and made a part hereof for all purposes, and being
located in Denton County, Texas, together with any and all rights or interests of Grantor
in and to adjacent streets, alleys and rights of way and together with all and singular the
improvements and fixtures thereon and all other rights and appurtenances thereto
(collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
itself, its successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Property. Grantor, its successors and assigns shall not have
Conhact of Sale
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the right to use or access the surface of the Property, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Property for the location of any well
or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other
utility infrastnicture, and/or for subjacent or lateral support for any surface facilities or
well bores, or any other infrastnicture or improvement of any lcind or type in connection
with or related to the reserved oil, gas and other nunerals, and/or related to the
exploration or production of same.
As used herein, the term "nunerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "nunerals" as utilized herein, shall be in accordance with that set forth in
Reed v. Wylie, 597 S.W2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Inse�t Pe�niitted Exceptions]
This Deed is subject to that certain Contract of Sale, by and between Grantor and
Grantee, dated on or about , 2013.
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims or causes of action that Grantor may have for or related to any errors, omissions,
defects in or injury to the Property.
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TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof when the claim is by, through, or under
Grantor but not otherwise.
EXECUTED the day of , 2013
CODELA, LLC, a Texas linuted
liability company
:
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF �
COUNTY OF �
This instniment was acicnowledged before me on
, 2013 by of
CODELA, LLC, a Texas linuted liability company, on behalf of said linuted liability
company.
Conhact of Sale
Page 21
Notary Public, State of Texas
My commission expires:
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Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Conhact of Sale
Page 22
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
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EXHIBIT "A"
to
Special Warranty Deed
Legal Description
Of
Property
BEING all that certain lot, tract or parcel of land situated in the T. M. Downing Survey,
Abstract Number 346, City of Denton, Denton County, Texas, an being part of that
certain tract of land described by deed to George Roland Vela and Emma Lamar Vela,
recorded in Volume 3225, Page 252, Deed Records, Denton County, Texas (D.R.D.C.T.),
and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (ASC) set for the southeast corner of said Vela tract and the southwest corner
of a tract of land described by deed to Gary Dennis Dillard and Jaynu Chris Dillard,
recorded in Volume 1188, Page 730, D.R.D.C.T., same point being in the north line of a
tract of land described by deed to Staff Realty, recorded under County Clerlc's File
Number 94-6845, Official Public Records, Denton County, Texas (O.P.R.D.C.T.);
THENCE South 89 degrees 27 minutes 42 seconds West, with the north line of said Staff
Realty tract, a distance of 196.70 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for corner in the south line of said Vela tract and the north line of said Staff
Realty tract;
THENCE North 00 degrees 33 nunutes 51 seconds West, over and across said Vela tract,
a distance of 820.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for
corner in the north line of said Vela tract and the south line of Mayhill Road;
THENCE South 72 degrees 32 nunutes 25 seconds East, with the south line of Mayhill
Road, a distance of 52.58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set
for the northeast corner of said Vela tract, same point being in the west line of a tract of
land described by deed to Brian Carter and Brenda Carter, recorded under Instniment
Number 2010-121541, O.P.R.D.C.T.;
THENCE South 00 degrees 33 nunutes 51 seconds East, with the west line of said Carter
tract, a distance of 348.72 feet to a 1 inch iron rod found for an inner ell corner of said
Vela tract and the southwest corner of said Carter tract;
THENCE North 89 degrees 03 minutes 33 seconds East, with the south line of said
Carter tract, a distance of 149.72 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for the most easterly northeast corner of said Vela tract and the southeast
corner of said Carter tract, same point being in the west line of said Dillard tract;
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THENCE South 00 degrees 11 minutes 09 seconds East, with the west line of said
Dillard tract, a distance of 456.97 feet to the POINT OF BEGINNING and containing
2.486 acres of land, more or less.
Conhact of Sale
Page 2�
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 12, 2013
DEPARTMENT: City Manager's Office
L-��
ACM: Bryan Langley
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions: 1. Capital
Improvement Program Oversight Committee.
BACKGROUND
The voters overwhelmingly approved (78% for and 22% against) the City of Denton's $20.4
million Bond Program on November 6, 2012. The Council-appointed Citizens Bond Advisory
Committee assisted in developing a specific set of recommendations to talce to the voters for
their approval. In the past, the City Council has created citizen bond program oversight
committees to provide guidance when potential changes or adjustments to the bond program
projects occur. These committees were comprised of inembers from the original bond
committee, and typically, the oversight committee members were selected due to their role as
subcommittee chairs.
RECOMMENDATIONS
Since this election was a single issue bond program focused on streets, we do not have any
subcommittee chairs to appoint to the oversight committee. As a result, staff recommends that a
special seven (7) member oversight committee be appointed. After consultation with the Mayor
and City Council Members, the following list of committee members is proposed to include
Marty Rivers and Tim Crouch, Co-chairs of the Citizens Bond Advisory Committee; Jo
Williams, committee member and chair of the Public Art Committee during the time this bond
package was developed; Calvin Evans, committee member representing District Two; Jerry
Clarlc, committee member representing District Three; and Michael Gibson, committee member
representing District Four.
District One committee member yet to be determined.
These members have been contacted and agreed to serve.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
Voters approved the $20.4 million Bond Program on November 6, 2012.
Agenda Information Sheet
Febniary 12, 2013
Page 2
FISCAL INFORMATION
Approximately $4.0 million in bonds of the voter approved $20.4 million Bond Progranl will be
issued each year over the next five years.
Respectfully submitted:
,� ,,..--�,
� ��
�-.-r �' ��
Bryan Langely
Assistant City Manager
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 12, 2013
Econonuc Development
John Cabrales
l��
Consider nominations/appointments to the City's Boards and Comnussions: 2. Tax Increment
Reinvestment Zone Two Board of Directors.
BACKGROUND
On December 18, 2012, the City Council adopted Ordinance No. 2012-366, designating and
describing the boundaries of Tax Increment Reinvestment Zone (TIRZ) Number Two for an
industrial district of Denton, Texas; establishing the duration of the Zone; establishing a Tax
Increment Fund; and establishing a Board of Directors for the Tax Increment Reinvestment
Zone. The TIRZ was created to provide the public infrastnicture necessary to encourage
development in the largest industrially zoned area (Westparlc) in the City.
TIRZ Board Structure: The TIRZ Board will be comprised of 11 members. The City
Council will appoint 9 members and designate the board Chair. The governing bod�T of Denton
Count�T, ���hich levies taies on real propert�T in TIRZ Number T���o, ���ill appoint one board member.
Ra�Tzor Investments, LLP the "Developer" ���ill appoint a single board member.
Staff recommends that the Council consider appointing the 9 member Econonuc Development
Partnership (EDP) Board plus one representative from Denton County and one member from
the Developer. This proposed board stnicture is recommended to streamline the process, as the
same group of individuals would also be worlcing on other incentive agreements for these
proj ects. Board members will serve staggering terms not to exceed three consecutive terms.
Board Member Recommendations
Vir il Stran e Axiom Commercial Com an
Gre Johnson Versus Real Estate Advisors
Denn Aldrid e James Wood Auto Parlc
Cleve Breedlove Access Banlc of Texas
Marlc Burrou hs Cit of Denton Ma or
Dalton Gre o� Cit of Denton Councilman
Caleb O'Rear Denton Re ional Medical Center
Dr. V. Lane Rawlins President, Universi of North Texas
Carrell Ann Simmons Meridian Banlc of Texas
Everette Newland (a ointed) Denton Count
Sel n Ra zor (a ointed) Ra zor Investments, LLC
Agenda Information Sheet
Febniary 12, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
�l�he tollowin re resents the ste s ot the ro ect:
The City Council will appoint 9 of the 11 TIRZ Board members and Febniary 2013
desi nate the board Chair
The City will notify the State Comptroller of the TIRZ establishment Febniary 2013
and artici atin taxin entities
The Board will meet to review and approve the final Project and March/Apri12013
Financing Plans to present to the City Council for approval. The
Board will also review and malce a recommendation on the
Develo er's A reement.
The TIRZ Board will provide an Annual Report to City Council and Febniary 2014
Comptroller on the TIRZ fund and project activity, which is due 150
da s followin the end of the fiscal ear.
PRIOR ACTION/REVIEW
City Council adopted an Ordinance accepting an Agreement with Denton County to participate
in Tax Increment Reinvestment Zone, Number Two; authorizing the City Manager to execute
the Agreement on Febniary 5, 2013. The City Council adopted Ordinance 2012-366
designating and describing the boundaries of a TIRZ Number Two; established the duration of
the Zone; established a Tax Increment Fund and established a Board of Directors for the Tax
Increment Reinvestment Zone on December 18, 2012. The Council also received reports on
the TIRZ proposal at the July 17, 2012, September 11, 2012, and December 7, 2012, (Closed
Session) meetings.
The Econonuc Development Partnership Board discussed the TIRZ Number Two at eight
meetings in 2012 and recommend approval of the TIRZ 9-0.
FISCAL INFORMATION
It is estimated that the TIRZ would generate approximately $14,275,430 over a 25 year period
for infrastnicture improvements. The City and County would contribute $10,033,470 and
$4,241,960 into the TIRZ fund, respectively. The City would retain $43,926,530 and the
County would retain $18,862,910 over the life of the TIRZ.
EXHIBITS
1. Denton County Board Appointment
2. Rayzor Investments, LLP Board Appointment
3. Febniary 7, 2013 Memo to Council
-2-
Agenda Information Sheet
Febniary 12, 2013
Page 3
Prepared by:
� � � ��''�� � �� �� �
Erica Sullivan, Economic Development Analyst
Econonuc Development Department
Respectfully subnutted:
t.i� J , � .. � �
Aimee Bissett, Econonuc Development Director
Econonuc Development Department
-,
-�-
Hugh Coleman
Precinct 1
Ron Marchant
Precinct 2
February 5, 2013
Mr. Everette Newland
8485 Jim Christal Rd.
Denton, TX 76207
Dear Mr. Newland:
EXHIBIT 1
^� ��U����.
4`�' ��Vry� w `, �S �
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�• 1 1 1 1. 1
r+• �
Bobbie J. Mitchell
Precinct 3
Andy Eads
Precinct 4
On Tuesday, February 5, 2013, Denton County Commissioners Court approved your
appointment to the City of Denton Westpark Tax Increment Reinvestment Zone as the
Commissioners Court's representative.
Commissioners Court would like to take this time to thank you for your service to Denton
County on this board. It is people like you who make Denton County a great place to live. If you
have any questions, please contact Barbara Looper, Aide-to-the-Court, at 940-349-2830.
Yours truly,
W
��lC� 1-�C)I`Cl
Denton County Judge
Courthouse-�n-The-Square • 110 West Hickory • Denton, Texas 76201
(940) 349-2830 • Fax (940) 349-2831 • www.dentoncounty.com
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EXHIBIT 2
From: Bissett, Aimee
To: Davis. Christina A.
Subject: FW: Westpark TIRZ Board Appointment for Rayzor Investments
Date: Wednesday, February 06, 2013 11:26:05 AM
-----Original Message-----
From: selwynrayzor@aol.com [mailto:selwynrayzor(a�aol.com]
Sent: Monday, February 04, 2013 2:27 PM
To: Bissett, Aimee
Cc: Cabrales, John J.; Sullivan, Erica A.; pabaker@rayzorcompany.com
Subject: Re: Westpark TIRZ Board Appointment for Rayzor Investments
Dear Aimee,
I will be representing Rayzor Investments on the board. I look
forward to meeting you!
Kindest regards,
Selwyn Rayzor
-----Original Message-----
From: Bissett, Aimee <Aimee.Bissett@cityofdenton.com>
To: 'douglaselliot219@gmail.com' <douglaselliot219@gmail.com>; 'pabaker@rayzorcompany.com'
<pabaker@rayzorcompany.com>; 'selwynrayzor@aol.com' <selwynrayzor@aol.com>
Cc: Cabrales, John J. <John.Cabrales@cityofdenton.com>; Sullivan, Erica A.
<Erica.Sullivan@cityofdenton.com>
Sent: Mon, Jan 28, 2013 11:12 am
Subject: Westpark TIRZ Board Appointment for Rayzor Investments
Mr. Elliott, Ms. Rayzor, and Mr. Baker; As the new Economic Development Director with the City of
Denton, I wanted to reach out to you and give you an update on the establishment of the Westpark Tax
Increment Reinvestment Zone. In December of 2012, City Council approved the establishment of this
TIRZ and created a Board consisting of eleven members. Nine members will be appointed by City
Council (most likely the Economic Development Partnership Board). Denton County will appoint one
member as well, since they have agreed to participate in the TIRZ.
As the Developer, Rayzor Investments also has one appointment.
Currently, City Council is scheduled to approve the appointments at the February 12th Council Meeting.
The only eligibility requirements outlined in the Tax Increment Financing Act are as follows: • Must be
18 years of age or older• Must live in Denton County or own property inside the Tax Increment
Reinvestment Zone Would one of you let me know what your process will be for making an
appointment to represent your interests on this Board? If you have not named your appointment by
February 12th, that should be fine. However, I would like to brief City Council on your timeline and
process for appointment. Please let me know if you have any questions or need additional information. I
look forward to working with you in the future. Sincerely, Aimee BissettEconomic Development
DirectorCity of
Denton(940) 349-7776 main(940) 349-7774 direct
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EXHIBIT 3
215 E. McKinney
Denton, Texas 76201
(940) 349-7776 phone
(940) 349-8596 fax
Economic Development Department
February 7, 2013
Mayor and City Council Members
Aimee Bissett, Director of Economic Development
Westpark TIRZ Board Appointments
On February 12, you will be asked to consider board appointments. The
Westpark TIRZ was created on December 18, 2012, and per the ordinance, the
City Council shall appoint nine of the eleven board members "within 60 days after
the passage of the ordinance or within a reasonable time thereafter." Denton
County and the Developer, Rayzor Investments, each have one appointment as
well. As you remember, the Westpark TIRZ Board membership is structured as
follows:
Nine Members shall be appointed by City Council (staff has recommended
utilizing the Economic Development Partnership Board for these nine
appointments)
One Member shall be appointed by Denton County, since they have
agreed to participate in the TIRZ
One Member shall be appointed by Rayzor Investments, LLC, as the
Developer
The only eligibility requirements outlined in the Texas Tax Code are: a) Members
must be at least 18 years of age, and b) Members must live in Denton County or
own property in the Westpark TIRZ.
Staff recommends that the Council consider appointing the 9 member Economic
Development Partnership (EDP) Board plus one representative from Denton
County and one member from the Developer. Denton County has appointed
Everette Newland, and Rayzor Investments has appointed Selwyn Rayzor. This
proposed board structure is recommended to streamline the process, as the
same group of individuals would also be working on other incentive agreements
for projects in the TIRZ. Board members will serve staggering terms not to
exceed three consecutive terms.
Please feel free to call if you have any questions.