1987-0261713L
/×
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON COUNTY FOR A WATER AND WASTBWATER STUDY, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the Mayor and City Secretary are hereby authorized and
directed to execute and attest, respectively, the agreement
between the C~ty of Denton, and Denton County, providing for a
study for long-range supply, treatment and transmission of water
and the collection and treatment of wastewater for areas within
Denton County under the terms and conditions being contained ~n
sa~d agreement which ~s attached hereto and made a part hereof
SECTION II
That this ordinance shall become
its passage and approval
PASSED AND APPROVED this the S'~f
effective immediately upon
day of ~, 1987
ATTEST
I FERyWALTERS
NG CI~TY SECRETARY
OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
rHE STATE OF TEXAS
COUNTY OF DENTON
CONTRACt FOR WATER/WAS£BWATER
STUDY BY THE CITY OF DENTON
AND DENTON COUNTY
This Contract is made and entered into this ~ day
of
and between the CITY OF
~-~4_ , 1987, by herein
a£~/~r ter~d "DENTON" and the COUNTY OF DENTON, hereinafter
termed "CO~NTY''
WHEREAS, A Committee as listed in Schedule A has been
established to study the long-range supply, treatment and
transmission of water and the collection and treatment of
wastewater for the areas within Denton County, and,
WHEREAS, COUNTY, on behalf of Committee is contracting with
Espey, Huston and Associates, Inc , for engineering services to
conduct such a study, and,
WHEREAS, DENTON, on behalf of the Committee and COUNTY, has
received a grant from the Texas Water Development Board to pay
for fifty percent (50%) of the Study, not to exceed $125,000,
and,
WHEREAS, DENTON must enter into contract with the Texas
Water Development Board and agree to terms, conditions and
provisions therein regarding such Study in return for subject
funding, and,
WHEREAS, all such terms, conditions and provisions are
included in the contract between COUNTY and Espey, Huston and
Associates, Inc ,
NOW, THEREFORE, DENTON and COUNTY, for the mutual
consideration hereinafter stated, agree and understand as
follows
Contract for Study
The COUNTY will contract for study with Espey, Huston and
Associates, Inc , such contract being Attachment II,
attached hereto
II Contract for Grant
The COUNTY, acting through the Committee, will perform
all provisions of the contract between the CITY OF DENTON
and the Texas Water Development Board in such manner as
COUNTY were party to such contract, subject contract
being Attachment III attached hereto
III Grant Funds Provided
COUNTY will submit all invoices and purchase vouchers
from Espey, Huston and Associates, Inc , and all proof
of payments of such invoices by COUNTY to DENTON and
DENTON w~ll submit such invoices, purchase vouchers and
proof o£ payment to the Texas Water Development Board
in accordance with provisions outlined in Section III
of Attachment III, attached hereto for payment DENTON
will pay COUNTY the full amount of all payments
received from the Texas Water Development Board within
fifteen (15) days of receipt of such payments
IV Term of Contract
The term of this contract shall be through the
conclusIon of the agreement between COUNTY and Espey,
Huston ~ Associates, Inc and through the conclusion of
the contract between DENTON and the Texas Water
Development Board and through any such amendments or
extensions that may be agreed to by affected all
parties
V Mailing Addresses
A
All notices and communications under th~s contract
shall be mailed or delivered to DENTON or COUNTY
shall be sent as follows unless and until either
party is otherwise notl£~ed
City of Denton
215 f McKlnney St
Denton, Texas 76201
ATTN R E Nelson, P
Director of Utilities
Lee Walker,
County Commissioner,
212 W Sycamore St
Denton, Texas 76201
Precinct 3
Any notices and communications required to be given
in writing by one party to the other shall be
considered as having been given to the addressee on
the date the notice or communication is posted by
the sending party
PAGE 2
IN WITNESS WHEREOF, the Part~es hereto have made and
executed th~s contract as the day and year f~rst above written
CITY OF DENTON, TEXAS
ATTEST
JENI~I~FER q~'A}.TERS
ACTII~I~ CIllY SECRETARY
CITYXOF DENTON, TEXAS
BY
APPROVED AS TO FORM
DEBRA ADAMI DRAYOVITCH,
CITY OF DENTON, TEXAS
CITY ATTORNEY
DENTON COUNTY COMMISSIONERS
COURT
VIC BUR6ESS, C~IJNTY JUDGE
ATTEST ~~
;hAii ~YN RO~VNSO~, CO~-~ C~.ERC~,~,~~-
APPR~OVED AS TO FORM
PAGE
~ARTICIPATTNG AGENCIES & E
WITH ASSOCIATED FEES
ITIES
Bartonvllle Water Supply Corp 12,203
12000 + (3,720 minus **1,693) x
Bartonvllle, Texas, Town of
IlOOO + (8@5 x lO~)
Carrollton, Texas~ City o? 17,992
15~000 + (29,934 x
Colony~ Texas, City o? IS,TlS
eqo00 + (17~1S0 x lO~)
Copper Canyon, Texas, Town of 11,089
IlOOO + (E88 x log)
Corinth~ Texas, City of 12,280
Dallas, Texas, City of (maximum coemitment)
Denton, Texas, City of 111,310
IS000 + (63,100 x log)
Denton, COUNTY OF (maximum commitment) 1100,000
Flower Mound, Texas, Town of (maximum commitment) IS,000
14000 + (Il,SOD x 1D)
Highland Village, Texas, City of 13,505
13000 + (SOSD x log)
Lake Cities Municipal Utility Authority 13,720
13000 + (7200 x
Lewisvilla, Texas, City of 18,720
ISODD + (37~200 x
Little Elm, Texas, Town of I1,11S
11000 + (1150 x
Ponder, Texas, Town of
11000 + (32S x 100)
Sanger, Texas, Town of 12,3&q
12000 + (38S0 x 100)
TSW 2ncorporated ~ater Company 11,081
llODD + (810 x
TOTAL 1197,147
Select Committee Member
PARTICIPATION
Flat Fee
FORMULA
10,000 - 25,000 14,000
over 25,000 IS,000
Population Fee
In addition, each municipality or water supply
would pay a per capita fee of log per capita
entity
Notes
l) Population numbers are January l, 1986 NCTCOG estimates
2) Population for Bartonville Water Supply Corporation
excludes (**) cities of Bartonvllle and Copper Canyon
since these cities are independent participants in the
study
3) Population for Lake Cities Municipal Utility Authority,
Bartonv~lle Water Supply Corporation and TSW Inc · Water
Company are estimated by methodology ~umber of
connections multiplied by 3 residents per connection
equals population
~A~F U
DRAFT
January 26, 1987
STATE OF TEXAS
COUNTY OF DENTON
ATTACHMENT II
ENGINEERING SERVICES AGREEMENT
This Agreement is mede and entered into this day of
19&7, by and between Denton County on behalf of the Participating
Agencies' Steering COMMZTT£E as listed in Exhibit B, hereinafter
referred to as the "COFlMZTTEE"~ and Espey Huston ~ Associates, Znc ·
Engineering & Environmental Consultants hereinafter referred to as
"ENGINEER"
WHEREAS, Denton County, on behalf of the COMMITTEE dessres the
professional services of ENGINEER to perform engineering services,
to serve as the COMMITTEE,s professional engineering consultant and
advisor in connection with a Study to evaluate and make
recommendations ?or providing water and wastewater services to
Denton County Communities and water/wastewater supply entit~es
needing wholesale services as described in Exhibit A, "Scope of
Work" hereinafter referred to as the "STUDY", and,
WHEREAS, Denton County has designated the COMMITTEE to serve as
the Representative for Denton County with and between Denton County
and the ENGINEER and, furthermore, Denton County and the COMMITTEE
designates Robert E Nelson, P E as the Committee's PROJECT MANAGER
who shell work under the authority of the COMMITTEE's Chairperson,
County Commissioner Lee Walker, to coordsnate the day-to-day
activities of the STUDY, and,
WHEREAS, Denton County has designated the SELECT COMMITTEE to
assist Robert E Nelson, P E wzth these PROJECT MANAGER dutzes,
SELECT COMMITTEE bezng deszgnated by asterisk on Exhibst ~ attached
hereto,
NOW THEREFORE, COMMITTEE and ENGINEER, for the mutual
consideration hereznafter stated, agree and understand as follows
I Scope of Servzces for ENGINEER
A
The Scope of Services to be rendered under this
Agreement ss set forth [n Exhsbst A~ attached to and
made a part hereof Deviations from the attached Scope
of Services or other provisions of thss Agreement, may
only be made by wrztten agreement authorszed by the
COMMITTEE and the County of Denton
PAGE 1
II
III
IV
Additional Services
A
If authorized by the County of Denton and the
COMMITTEE, additional services related to the
assignment will be performed by ENGINEER for an
additional professional fee on a time and materials
basis in accordance with ENGINEER'S rate schedule,
attached as Exhibit C or on a different basis as the
parties may otherwise agree
COMMITTEE'S Responsibilities
A COMMITTEE shall do the following in a timely manner so
as not to delay the services of ENGINEER
1
Provide all criteria and full information as to
COMMITTEE'S requirements for the STUDY and
designate in writing a person with authority to
act on COMMITTEE'S behalf on all matters
concerning the STUDY
2
Furnish to ENGINEER all ex~st~ng reports and
other available data pertinent to the STUDY,
obtain or authorlze ENGINEER to obtain or
provide additional reports and data as required,
and furnish to ENGINEER services of others
required for the performance of ENGINEER'S
services hereunder, and ENGINEER shall be
entitled to use and rely upon all such
~nformation and services provided by COMMITTEE
or others ~n performing ENGINEER'S servlces
under this Agreement
3
Arrange for access to and make all provisions
for ENGINEER to enter upon public and private
property as required for ENGINEER to perform
services hereunder
4
Perform such other functions as are ~ndlcated ~n
Exhibit A, 'Scope of Services"
5
Bear all costs ~ncldental w~th the requirements
of this Section III
6
Provide labor and safety equipment to ~nspect or
investigate any existing facilities as required
by the ENGINEER
Period of Service
A
ENGINEER'S basic services will
(15) days of the date of this
report (Item 5 3 of Scope
submitted by August 31, 1987
commence w~thln f~fteen
Agreement and the final
of Services) shall be
PAGE 2
V
B
C
D
If fu£ any reason ESPEY, HUSTON & ASSOCIATES, INC , is
unable to complete its performance called for under the
terms of this contract on or before August 31, 1987,
and is unable to deliver the final report on or before
November 30, 1987, the County of Denton and the
COMMITTEE hereby agree to consider negotlat~ng a new
contract period The COMMITTEE must, however, be
notified ~n writing flfteen (15) working days prior to
the date for completion of the work program or
thirty-five (35) days prlor to the date for submittal
of the final report
If for any reason, the State of Texas reduces or
eliminates the State grants which have been promised or
relied upon, the County of Denton and the COMMITTEE
reserve the r~ght to terminate th~s Agreement Upon
termination, all services rendered up to the date of
termlnation will be paid for, and upon such payment,
all documents w~ll be turned over to the COMMITTEE
ENGINEER'S baslc servlces under th~s Agreement w~ll be
considered complete at the earlier of (1) the date when
item 5 6 1n Scope of Work ~s accepted by COMMITTEE or
(2) sixty (60) days after the date when the report 1s
submitted for f~nal acceptance, plus ~n each case, ~f
appllcable, such add~tlonal t~me as may be considered
reasonable for obtaining approval of governmental
authorltles having jurisdiction to approve the STUDY
E
ENGINEER'S addlt~onal services will be performed and
completed withln the time perlod agreed to ~n writing
by the parties at the time such services are authorized
Payments to ENGINEER
COMMITTEE shall authorlze payment to ENGINEER for
services rendered hereunder as indicated ~n Exhibit A,
Scope of Services
B
ENGINEER shall submit statements for basic and
additlonal services rendered monthly Such statements
shall be complete and detailed COMMITTEE shall ~nsure
prompt payments in response to ENGINEER'S statements
C
ENGINEER'S charges are on the basls of prompt payment
of statements rendered and continuous progress of the
work on the STUDY until submission of the report
D
The ENGINEER shall be compensated for services
~ndlcated ~n Exhibit A, Scope of Services, on the bas~s
of salary cost t~mes a multlpl~er of 2 4, plus other
PAGE 3
F
~. act expenses plus subcontro~tor cost~ with the total
fee not to exceed 1250,000 without written
authorization of the County of Denton end the
COMMITTEE.
"Salary Cost" (illustrated in attached current Standard
Rate Schedule) used herein is defined as the cost o?
salaries of managers, engineers, technicians, drafts-
men~ stenographers, surveymen, clerks, laborers, et( ,
for time directly chargeable to the STUDY by ENGINEER'S
personnel, plus social security contributions, unem-
ployment, excise and payroll taxes, employment compen-
sation insurance, medical and other insurance benefits,
sick leave, vacation, holiday pay and contributions to
a pension or retirement plan (Currently, salary cost
is equal to I 32 times direct salary payments This
factor is adjusted annually)
Other direct expenses shall include printing and repro-
duction expense, communication expense, travel~ trans-
portation end subsistence away from Dallas end other
miscellaneous expense directly related to the work,
including costs of laboratory analysis, tests, end
other work required to be done by independent persons
or agents
Under no circumstances shall any statement for services
exceed the value of work performed at the time a
statement is rendered
It is specifically understood and agreed that the
ENGINEER shall not be authorized or required to
undertake any work pursuant to this Agreement which
would require additional payments by the COMMITTEE of
any charge, expense or reimbursement above the max[mum
fee as stated without having first obtained written
authorization from the COMMITTEE
Should the COMMITTEE fail to make payment to the
ENGINEER of the sum named in any partial or final
statement when payment is past due for more than
forty-five (4~) days, then the COMMITTEE shall pay to
the ENGINEER, in addition to the sum shown as due by
such statement, interest thereon at the rate of 1
percent per month from the date due, as provided
herein, until fully paid, which shall fully liquidate
any in3ury to the ENGINEER arising from such delay in
payment
Included within the Scope of Services for this STUDY is
a budget of 112~500 ?or consultation with subcontracted
Hutchison, Price, Boyle S Brooks, Znc For legal and
First Southwest, In( for financial serwces
PAGE 4
VI
Cost Co-trol
¢OMMITTE£t~ budgetary requirements and considerations
in respect to the STUDY are set forth in Exhibit B
Opinions of probable construction cost, financial
evaluations, Feasibility studies, economic analyses
alternate solutions and utilitarian considerations of
operations and maintenance costs prepared by ENGINEER
hereunder will be made on the basis of ENGINEER'S
experience and qualifications and represent ENGINEER'S
best judgment as an experienced and qualified design
professional
Toners! Considerations
A
Neither COMMITTEE nor ENGINEER shall assign, sublet or
transfer any rights under or interest in (including,
but without limitation, monies that may become due or
monies that are due) this Agreement without the written
consent of the other~ except to the extent that any
asSignment~ subletting or transfer is mandated by law
or the effect of this limitation may be restricted by
law Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will
release or discharge the assignor from any duty or
responsibility under this Agreement Nothing contained
in this paragraph shal! prevent ENGINEER from employing
such independent professional associates,
subcontractors and consultants as ENGINEER may deem
appropriate to assist in the performance of services
hereunder
B
Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone
other than COMMITTEE and ENGINEER~ and all duties and
responsibilities undertaken pursuant to this Agreement
will be ?or the sole and exclusive benefit of COMMITTEE
and ENGINEER and not for the benefit of any other party
This Agreement (consisting of page 1 through page 17
inclusive) including Exhibits constitute the entire
Agreement between COMMITTEE and ENGINEER and supersede
all prior written or oral understandings This
Agreement and said Exhibits may only be amended,
supplemented, modified or cancelled by a duly executed
written instrument
In the event the ENGINEER'S Project Manager or key
members of the project team are removed From this
STUDY, the COMMITTEE well have the right to interview
and approve or disapprove of replacements If an
ENGINEER'S Prooect Manager satisfactory to the
COMMITTEE is not assigned, COMMITTEE shall have a right
to terminate this STUDY
PAGE
VIII
IX
Indemnf~tcation
A
ENGIN£ER shall and does hereby agree to indemnify end
hold harmless the COMMITT£E ?rom any and all damages,
loss or liability of any kind whatsoever, occasioned by
any error~ omission or negligent act o? ENGINEER, its
o?ficers~ agents~ employees, Invttees, and other
persons for whom it is legally liable, with regard to
the Performance of this Agreement, and ENGINEER will,
at its cost and expense, defend and protect the
COMMITTEE against any and all such claims and demands
up to the amount of this contract
B
Mailing Addresses
All notices and communications under this Agreement to
be mailed or delivered to COMMITTEE shall be sent to
the address of the COMMI?TEE,S PROJECT MANAGER with
copy to Lee Walker, County Commissioner~ as follows,
unless and untll ENGINEER is otherwise notified
Robert E Nelson,
Lee Walker,
P E , Project Manager
City of Denton Utility Department
21S E McKinney St
Denton~ Texas 76201
County Commissioner~
212 W Sycamore St
Denton, Texas 76201
Precinct 3
Notices and communications to be mailed or delivered to
ENGINEER shall be sent to the address of ENGINEER as
follows, unless and until PROJECT MANAGER is otherwise
notified
Espey~ Huston & Associates, Inc
17811 Waterview Parkway~ Suite SOO
Dallas~ Tx 7S2~2
ATTN Thomas E Taylor, P E
Director of Municipal Services
Any notices and communications required to be given in
writing by one party to the other shall be considered
as having been given to the addressee on the date the
notice or communication is posted by the sending party
PAGE 6
IN WI SS WHER£OF,
executed this Agreement as of
ATTEST
(Title)
the Pattie hereto have made and
the day and year first above written
ENGINEER
ESPEY, HUSTON & ASSOCIATES,
BY
Title
DENTON COUNTY ON BEHALF OF
COMMZTTEE
Attest
(Tit~e)
BY
Title
APPROVED AS TO LEGAL FORM
COUNTY ATTORNEY
By
PAGE 7
~COP£ OF ~E~VZCE~
Purpose of Study The purpose of this STUDY is to evaluate and to
make recommendations for providing water and wastewater service to
Denton County communities and water and wastewater supply entities
needing wholesale service, now or in the future, in the service area
of the regional water supply system operated by the City of Dallas
(generally defined as all of Denton County with exception of the
area south and southwest of Denton Creek but subject to other minor
exclusions or inclusions), (map attached) See also City of Denton
potential water service area (map attached)
Gra~t Assistance The City of Denton, on behalf of Denton County
communities and water/uestewater supp%y entities have applied to the
Texas Water Development Board for grant assistance for this STUDY
COMMZTTEE will prepare monitoring and status reports as required,
and ENGZNEER will review such reports for technical accuracy and
completeness
Communications Zn order to keep participating entities advised of
progress, a Newsletter will be prepared by the ENGINEER and mailed
on · monthly basis to a mailing list not to exceed 200 addresses
1 0 Preliminary Assessment
1 I ENGINEER & PROJECT MANAGER will identify data to be
collected and furnished by participating agencies
1 2 Review published reports furnished by the participating
agencies
1.3 Conduct one on one interviews with each of the
following participating agencies
Bartonville Water Supply Corp
Town of Bartonville, Texas
City of Carrollton, Texas
City of the Colony, Texas
Town of Copper Canyon, Texas
City of Corinth, Texas
City of Dallas, Texas
City of Denton, Texas
County of Denton, Texas
Town of Flower Mound, Texas
City of Highland Village, Texas
Lake Cities Municipal Utility Authority
City o? Lewisville~ Texas
Town of Little Elm, Texas
Town of Ponder, Texas
City of Sanger, Texas
TSW Incorporated Water Company
Other entities may agree to participate in costs of this STUDY at a
later date In that event, additional interviews (not to exceed
five unless authorized by the County of Denton and the COMMITTEE)
will be required
PAGE 8
I 4
1 6
I 7
! 8
1 9
1 10
1 ll
1 12
Raw additional reports furni ed by the participatin9
agencies for background information and for data
concerning population and demand projection Such
reports include, but may not be limited to the following
*Long Range Water Demand Forecasts, Dallas
Utilities Service Area- CH2M Hill, August 1984
Water
*Analysis of Water Service Area- Peat Marwich and
Mitchell, May 1980
*Report on Feasibility Study for Aubrey (Ray Roberts)
Lake- URS Company, lq77
*Report on Long Range Water Supply Study to Meet
Requirements to the Year 20S0 for the City of Dallas,
Texas, URS Company, March 197S
*Water Supply Study for City of Denton- Freese & Nichols,
June 1982
*Water Supply Study ?or City of Lewisville- Shlmek,
Jacobs and Finklea, 1982 (ravi,~Q~2985) ~
*Water Service A rer~ ~ionnaire, Dallas Water
Utilities, April 198S ~
*Conditions of Service for Treated Water Wholesale
Customers, City of Dallas, January 1985
NOTE The above informat~ is on file in the Planning
Division of Dallas Water Ui~llit~es in Room 4AS of Dallas
City Hall ~ ~
Zdentify other enkt~e~ in ~enton County that have
responsibility for providing water or wastewater services
Develop base map for prooect area
As directed by the Project Manager, meet with other
identified entities (not to exceed two group meetings)
Determine, from information and data provided by each
entity, the water and wastewater services area of each
participating agency and/or the other identified entities
in Denton County
Develop a draft work plan which shall include a proposed
schedule for each phase of work
Conduct work session with Steering Committee
Finalize the work plan
Prepare and submit twenty-five (25) copies of Phase 1 0
report to the Project Manager
PAGE 9
Com t review session of Phes~ I O report with Steering
Committee
2 0 Analysis Defining the Dimensions of the Pro~ect
2 I
2 2
2 3
2 4
2 5
2 6
2 7
Make an inventory of existing, committed, and planned
water and wastewater facilities and their capacities from
information furnished by participating and
non-participating agencies
2 8
Meet with various agencies that may have information or
who may be affected by the STUDY, including, but not
limited to the following agencies
Texas State Highway Department
Railroads
Major P~p~line Companies
Major ~a~al~ L~ric Utilities
U S. Corps of Engineers
Texas Water Commiss~
Water Development Board
North Central Texas CQun;il of Governments
Trinity River At~l~bo~tty ~
North ~exas Muni~'pal Water Dist~ict
City of Pt Worth, Texas
Nort~ Texas Industrial Commission
Develop low, most probable, an~ h~h a~nual population
projections for the study area requirements for
increments of five (5) years Ch~ough 2OlO Use North
Central Texas Council of Government's data as the base
population pro~ection and supplement with input from the
respective Steering Committee entities and other
appropriate data
Estimate future per cp~ita consumption of water and of
wastewater discharges~t~
Develop low, most probable, and high proJect~ons for
future water demands for average and peak, drought and
normal conditions Projections should be sn increments of
five years
Project low, most probable and high projections for
future wastewater treatment requirements for increments
of five (~) years through 2010
Identify existing untreated water resources available to
serve the study area, determine yield expected to be
available to study area, consult with Dallas Water
Utilities
Determine need for supplemental untreated water resources
and identify potential sources which may be needed to
meet anticipated long-term requirements
PAGE 10
2 9
2 lO
211
2 12
Estc ish capability and will: ness of existing ma3or
entities within project area to meet projected water and
wastewater demands of the project area
Meet one on one with each participating entity and review
STUDY results
Conduct workshop with Steering Committee
Identify alternative strategies, considering near term
and long term requirements, with emphasis on
institutional agencieS/for providing water and wastewater
services over the nex~twenty-five (25) years Specific
alternatives to be evaluated include, but shall not be
limited to the following
2 12 1 Untreated water service from Dallas to
other entities (either existing or proposed) which
could provide treated water service to customers in
the service area
2 12 2 Partnership arrangement between cities to
construct water or wastewater treatment plants for
benefit of the contracting parties
V
2 12 3 Creation of an entity or entities such as
utility districts to be sponsored and established
by the customers having a need for water or
wastewater service
2 12 4 Enlargement of service area of existing
cities (Denton, Lewlsville and others) which
already have water or wastewater treatment plants
in Denton County
2 12 5 Service to be provided by an established
water or wastewater service entity which may or may
not presently provide service in the Denton County
service area (Dallas, Trinity River Authority, etc)
2 13 Prepare and submit twenty-five (25) copies of Phase 2 0
report to the Project Manager
2 14 Conduct review session of Phase 2 0 Report with Steering
Committee
3 0
Evaluation of Alternatives
3 1 Evaluate feasibility of existing entitles to expand their
service areas to meet all or a portion of the prooect
area
PAGE 11
3 2
~ 4
3 6
3 7
3 10
3 ll
3 12
313
To , ,cuss Item 3 1 above, mae with the major agencies
including
City of Denton
City of Lewisville
City of Dallas
North Texas Municipal Water District
Trinity River Authority
Evaluate previously identified alternatives and determine
"most feasible" alternatives (S to lS) Match water and
wastewater in workable combinations
With aid of a computer model, evaluate in
feasible" alternatives--documenting costs,
disadvantages
depth the "most
advantages and
Consult with legal and financial advisors concerning the
alternative institutional strategies
Develop legal organizational structures with
recommendations for service contract concepts end
conditions of service required
Make field reconnaissance of the area as needed to
determine probable location of proposed facilities for
water and sewer
Assess infrastructure requirements for "most feasible"
alternatives and evaluate technical feasibility
Conduct Workshop with Steering Committee to evaluate
alternatives
Taking into account the results of the workshop and the
advice and comments of the Steering Committee, narrow the
alternatives to three general strategies (or service
plans) considering technical, legal, policy and financial
constraints
Conduct interviews with major entities that would be
affected by the alternative strategies to ensure
conceptual agreement with their proposed roles in such
plans
Prepare and submit twenty-five (25) copies of Phase 3 0
report to the Project Manager
Conduct review session of Phase 3 0 report with Steering
Committee
PAGE 12
4 0 Developmen of Infrastructure Plans
4 1 For each of the top three recommended institutional
alternatives, develop an infrastructure plan
4 E Prepare implementation schedules and preliminary cost
estimates for recommended service alternatives
Identify key political/policy/regulatory/legal steps for
implementation
4 4
Provide recommendations for financial and legal
strategies for funding initial costs and annual operation
and maintenance costs Provide estimates of potential
customer rates under recommended alternatives
4 S
Identify probable initial capital cost participation and
continuing contractual relationships between suppliers
and customers under recommended alternatives
4 6
Workshop uith Steering Committee to review and fine-tune
the recommended alternative strategies
4 ? Prepared and submit twenty-five (25) copies of phase 4 0
report to Project Manager
Reporting
Submit a draft of Final Report end Executive Summary to
Project Manager
Steering Committee work session to review final report
and Executive Summary
Prepare Final Report and separately bound Executive
Summary and submit two hundred (200) copies to Steering
Committee
Participate in presentation(s) of final recommendations
(not to exceed five (~) presentations)
Submit documentation report of working papers to Project
Manager
Meet with Steering Committee for closing remarks
PAGE 13
dis
PLANNING AREA
0
I0**,,,,
PAGE ,'~
The 'Plennlnl Area' ooneletn of Oenton Oo#nt¥ tloledlnJ lite area eouth ifil
wool e! Denton Creek. (Water lervlee olaflfllnl for lite oaoluded area
'q Oenton On, ieee been eeeeitted ae · reloonalblllty bl~ et#ors,)
d
CITY OF DENTON-WATER SERVICE AREA
t
, J ·
DENTON SERVICE AREA
PAC'R ~ ,.~
Bartonville Water Supply Corp S2,203
1200P · (3,?20 minus ssl,6q3) x lO~)
8artonvil~e, Texas, Town of ll,O~O
ILO00 · (60~ x ]0~)
Carrollton, Texas, City of
IS,ODD + (2q,q3~ x
Colony, Texas, City of
I~CCa · (I?,iSD x
Copper Canyon, Texas, Town of II,O~9
ILO00 * (ES& x
Corinth, Texas, City of 1a~2&O
I~000 x (mBO0 x lO~)
Dallas, Texas, City of (maximum commitment)
Denton, Texas, City of 111,31P
ISOO0 + (63,100 x lOd)
Denton, COUNTY OF (maximum commitment) IlO0,OOO
Flower Round~ Texas, Town of (maximum commitment)
I#O00 + (ll~&O0 x lO)
H~ghland Village~ Texas, City of
I~OOO + (SO~O x lOd)
Lake Cities ~unicipal Utility Authority
13OD0 + (?200 x lOd)
Lewimville, Texas~ City of
ISO00 + (3?,200 x lOd)
Little Elm, Texas, Town of
IlOOO + (1150 x lOd)
Ponder, Texas~ Town of I1~09~
IlOOO + (32~ x lOd)
SanDer, Texas~ Town of
~000 + (3&50 x lO~)
TSW Zncorporated ~ater Company
SlO00 + (810 x lO~)
TOTAL
Select Committee ~ember
PARTZCIPATION FORMULA~
Flat Fee
0 ' 1,OOP II~OOO
~,0~0 ' 10,000 I]~OOO
10,000 - 25,000 14,000
over 25,000 I~000
Population Fee
Xn additlon~ each municipality or water
would pay a per capita fee of 10~ per capita
supply entity
Notes
1) Population numbers are January 1, 19&6 NCTCOG estimates
2) Population for Bartonville Water Supply Corporation
excludes (**) c~t~es of Bartonvllle and Copper Canyon
since these c~tles are independent participants in the
study
3) Population for Lake C~ties Runic~pal Utility Authority,
Bartonville Water Supply Corporation and TSW Inc ~ Water
Company are estimated by methodology. Number of
connections multsplied by 3 residents per connection
equals population
EXHZBIT C
ESPEY, HUSTON ~ ASSOCIATES, ZNC.
STANDARD RATE SCHEDULE
Personnel
Personnel cost is reimbursed based on a multiplier of 2 q
applied to salary cost Salary cost for each employee is based
on the employeefs actual hourly wage plus benefits Ranges of
hourly salary cost by personnel classification are as follows
Principal
Associate Staff
Senior Project Staff
Project Staff
Technical Support
Clerical Support
I;k O0 to I?0 O0
12S gO to ISg,O0
120 oD to 14S gQ
112.00 to
Ik gO to 120 gO
Ik OD to IIG oo
Survey Field Crews
Survey crews are available at fixed hourly party rates
Three (3) man field Crew IfS O0 per hour
Electronic Distance
Measuring Equipment No charge
There is no mileage charge for survey crew vehicles when the
Job site is within fifty (SO) miles of the office from whzch
the survey crew originates
Travel & Subsistence
All travel and subsistence expenses are znvolced at actual
cost Cost of mileage on company-owned vehicles is computed at
a rate of 28~ per mile Cost for company-owned four wheel
drive vehicles is computed at a rate of 28~ per mile plus
g2s O0 per day
Purchased Services
All purchased services are invoiced at actual cost These
include but are not limited to reproduction, computer time,
long distance telephone, consultants, subcontract services,
rented or leased equipment, and expendable supplies
PAGE
Terms
Invoices are submitted monthly for all services rendered and
are payable "Net 45 days" Late payments will incur a late
charge of one percent per month from the original date of
invoice
PAGE 18
EXHIBIT D TO
ENGINEERING SERVICES AGREEMENT
D
Contract between the C~ty of Denton
and the Texas Water Development Board
for Grant Funds
ATTACHMENT III
T~DB Contract No.
TMH STATH OP TBXA3 S
COUNI~ OF TItAVIS J
CONTRACT BBI~HBN THS THY, AS
WATHR DRVHLOPMHNT BOAIU} A~qD
THB CITY OP DBNTON, BT AL
This contract is undo and entered into between the Texas
Water Development Board, hereinafter tamed the "Board*', and the
City o! Denton, Denton County Commission, res Court, other Denton
County Municipalities, and the City of Dallas, hereinafter terme~
"Denton", un,er which the following terms, conditions, and pro
visions have been agreed upon. in consideration of the mutual
promises and covenants hereinafter stared,
NITNBSSHTH:
P~OJRCT DHSCRIPTION AND S~RVIC~S TO BB PBRPORMHD BY DHNTON
As a joint and a cooperative undertaking with the Board, to
be financed jointly as hereinafter specified, the City of DentOn
will conduct a regional water supply and wast,water services
planning study for the City of Denton and the balance of Denton
County, excluding an area south and southwest o~ Denton Creek
Services and acriwties provided shall be in strict
accordance with requirements o~ the Texas Water Code, Chapter
IS, associated rules of 31 Texas Administrative Code, Chapter
$5S, Attachment A, the original grant application, which is made
a permanent parr of this contract, and with the following
procedures and project descriptions
1 It shall be the responsibility of the City of Denton to
establish formal and direct ltalson with the enrzties listed in
~Aklbt~ A, the directors o£ utility districts within the service
area that have notified Denton o£ their interest in the project,
appropriate officials of the Cities of Dallas and Lew~sville,
the North Texas Municipal Nater District, the Trinity River
Authority. ~nd community leaders in the proposed service area
for the purpose of coordInating the work of the planning study
and to acquire available data pertinent to the planning e£fort
Planning shall be coordLnared with all existing water supply,
wastewater treatment, and ~looding studies and act~wties ~or
the purpose of providing information for the proposed project
As the organizing entity, the City of Oenton has the responsi-
bility to solicit comments ~rom the general pubhc as to the
content of the planning project
2 The project will produce a feasibility study for a
regional water supply and wastewater services system for a
service ares located in the His Fork watershed of the Trinity
River Basin. The feasibility study, which is described in more
detail in E~hible S, viii:
A Develop a conservation plan for the service area
to emphasize norm efficient use of water resources
Bo
Deternine present and potential water demands for
the years 1986 through 2010 for all cities,
unincorporated areas, and water service entities
in the planning area.
Ce
Determine present entities, systems for water and
waerewater service, and water resources available
in the planning area.
D. Analyze most feasible water purveyor organizational
structures which may provide water and/or waste-
water services within the planning area. Specific
alternatives to be considered will include
1 Expansion of presently adopted service areas
(with agreement from entities) of Cities o~
Denton and/er Lewisville,
Creation of new regional entities (i,e , water
districts).
Service £rom existing entities which may or may
not presently provide service within the
planning area (i e., Trinity River Authority).
Conduct interviews with established entities to
insure conceptual agreement with proposed roles in
regional service plans
Prepare preliminary cost estimates and implemen-
tation schedules ~or recommended service
alternatives.
Provide recommendations for financial and legal
strategies for £unding initial construction costs
and annual operation and maintenance costs
Include estimates o~ potential customer rates
under recommended alternatives
H®
Identify probable initial capital cost participa-
tion and continuing contractual relationships
between suppliers ann customers under recommended
alternatives.
PAGE
3. The study will review the relevant portions o£ the City
of Dallas' master planning effort that address water supply,
treatment and delivery to the study area.
4. The project will include coordinatinf the water supply
and wastewater system plans and policies with existing plans and
policies of entities listed in 4P~kibl~ ~, the county, and the
state.
II.
PROJSCT SCHHDULH AND RHPORTS
The term o£ this contract shall basin and the Corporation
shall belin perforuinf its oblifations hereunder on
1987. The City of Denton shall complete the work profram stated
in Article l, above, nor later than August 31, 1987, unless such
date is extended as provided below, at which time the City o£
Denton shall deliver a final draft report After a thirty-day
review period, the draft final report together with review
comments will be returned to the City of Denton. A final report
incorporating any required changes must be submitted to the
Board within sixty (60) days thereafter Deadlines may be
extended only in writing by the Board Ten (10) copies of the
final report shall be delivered to the Board Delivery of the
final report prior to November 30, 1987, shall constitute
completion of tae term o£ the Contract
Monthly progress work reports which summarize the work
completed through the period of the submitted Stare of Texas
Purchase Voucher will be submitted by the City of Denton to the
Board by the lOth of the month following Fha period covered by
the Voucher. The work report will contain the following
lflformatlon
i Task names and descriptions
2 Total cost of the tndividual
C~ty of Denton portions
tasks, including TNDB and
$. Perce~t of the tasks completed
4 Dollar value of the percent of the tasks completed
$. Total tasks completed, ~ndicating tAe percent of
dollar value of the project completed as reflected in totals
all State Vouchers submitted
and
of
A coordination meeting w~ll be held at the end of every
three-month period to d~scuss the status of the study Repre-
sentatives of munic~pal~r~es ~n Denton County and the City of
Dallas will be invited re rae meetings
PAGE
The City of Denton will schedule tho coordination meetings
so that a status report on the project can be written by the
City of Denton and ~ub~itted t? the Board according to the
following monthly scneaule durlni the active life of the
contract. March 1, 1997, and June 1~ 1997. An interim status
report will not be required after the draft final report has
been submitted for review The status reports shall be tn
letter form and shall contain the following information
1. A brief statement of the overall progress made since the
last status report
2. A brief description of any problems that have been
encountered during the previous reportin~ period that will
affect the study, delay the timely compl~$ion of any portion of
the contract, or will inhibit the c.~ion of or cause a
change in any oE the project pro4~c$~bjective,
$. A description of actions ~ Clty of Denton or the
contractor plans ro rake ro correct any problems described
~rem 2 above or change any schedule, product, or objecr~ves
stared in the contract.
If for any reason the City of Oenton is unable ro complete
irs performance called for under the tern of this contract on
or before August 31, 1987, and is unable~ ro deliver the £Lnal
report on or before November 30, 1987, the City of Denton and
the Board hereby agree to consider negotiating a new contract
period. The Board must, however, be notified in writing ten
(10) working days prior ro the date for completion of the work
program or thirty ($0) days prior ro the date for submittal o£
the final report that the City o£ Denton will be requesting
renegot~ation
III
CO~PENSATION AND REImBURSEmENT
The Board, for and ~n consideration of the obligations and
responsibiltr~es undertaken by the City of Denton, hereby agrees
to compensate and reimburse the City of Denton, ~n a total
amount not ro exceed $125,000, upon the subm~sslon o£ ~nvolces
and purchase vouchers representing costs incurred by the ¢~t¥ of
Denton pursuant to performance of this Contract The Czty oE
Denton will contribute $12S,000, representing E~Ety (50) percent
o£ the total project cost, ~n the form oE cash
A. Reimbursement to the City of Denton shall be made in
accordance with the following budget, w~th the Board
contributing fifty (50) percent of the total project cost zn
the form of cash
PAGE 4
BUDGET
Regional Water Supply
Contract Study for the City of Denton
H. Reproduction
I. Overhead
J Profit
Salaries and wages $ 51,863
Fringe 13,738
Travel 2,200
i! Hxpendable Supplies 1,100
Contract Services* 68,750
Techn~~lte ~ervices 2, ZOO
¢ommunicat ions 1,100
~ 9,350
~ 21,561
TOTAL ~
$ubcontrac~
Monthly invol~es or vouchers supplted by the Board for work
performed shall be submitted for retmbu~ment~* ~atd znvotces
and vouchers shall be supported by suffxcient detail to sub-
s~an~iare billia~ by ~he City of Denton said derail to include
the following ~ ~
1 Por direct expenses xn~urred bF the City o~ Denton
~or outside coasultin~ Se~vice--copxes of in¥oices to
the CirF of Denton shO~inS the tasks that were per-
formed, the percent and cost o~ each task completed,
a total cost figure ~or each direct expense category
lncludin~ labor, overhead, travel, communlcatxon and
postage, technical and computer services, expendable
supplies, prxnrxnS and reproduction, and the total
dollar amount due ro the consultant
For travel and subsistence expenses, ~nclud~ng such
expenses for sub-contractors--names, dare, work
location, rime per~od at work locar~on, ~remizar~on
or subsistence expenses of each employee, l~m~red,
however, to travel expense authorized [or stare
employees by House BLll 20, as amended, ~crs of the
69th Legislature, Regular Sesston, 1~85 (General
Approprxation Act), and
Other transportation costs--cop[es oE [nvoices
coverin~ tickers tot transportatxon or, ~£ not
available, names, dates, and poxnts of travel of
individuals, and
PAGE 5
4 All other reinbursable expenses--invoices or
purchase vouchers showinf reason £or expense with
receipts ro evidence the amount incurred.
B, The Board shall reinburse the City of Denton only upon
invoice and purchase voucher; provided, however, the Board shall
only pay up Co ninety (90t) percent of each invoice endin the
City ?f Dent~n's perf~rn~nce, completion of the f~porc~ and
acceptance ann approvaA ot said report by the Board. At the
tine of said performance, conplerion, and approval of the report
by the Board, CAe Board shall pay the renalninf ten (lOt)
percent co the City of Denton.
IV
PUBLICATION AND SUBCONTRACTING
The Board shall have unlimited rifhts to technical or other
data resulting directly from the performance of services to the
Board under this contract
It is agreed that the water supply planning materials deve-
loped by the City of Denton pursuant to this contract shall
become the joint property of the City of Denton and the Board ~n
which the Board retains the rlBhr ro establish copyrights Any
water supply planning materials sub3ecC ro a Board copyright and
produced by the City of Denton or Board pursuant ro this contract
may be printed by the City of Denton or Board ar their own cost
and distributed by e~rher ar their discretion within the SCare
of Texas The City of Denton may otherwise utilize such
material provided under this contract as ir deems necessary and
appropriate, includinf the right ro publish and distribute the
materials or any parts ~hereof under irs own name within Fha
State of Texas, provided rAar any Board copyright is appropri-
ately noted on the printed materials
The City of Denton agrees to acknowledge the Board ~n any
news releases or other publications relating Fo the ~ork per-
Eormed under rh~s ¢onrracF
No work herein called for by the City of Denton shall be
subcontracted or assigned w~hour prior written approval of the
Executive Administrator of the Board for such subcontract,
including a derailed budget estimate with specific cost derails
for each item of the work ro be performed by the subcontractor
and for each category o£ reimbursable expenses
V
A~tENDMENT, TE~IINATION, AND STOP ORDERS
This contract may be altered or amended only by mutual
written consent and may be terminated by the Board ar any rime
PAGE 6
by written notice to the City of Denton. Upon receipt o£ such
notice, the City o4 Denton shall, unless the notice directs
otherwise, immediately discontinue all work in connection with
the performance of this Contrsct and shall proceed to cancel
promptly all existing orders insofar as such orders are
chargeable to this Contract The City of Denton shall submit a
statement showing in derail the work performed under this
Contract to the date of termination The Board shall then ~a¥
the City o4 Denton promptly that proportion of the prescribed
fee which applied to the work actually performed under this
Contract, less all payments that have been previously sade
Thereupon, copies of all completed work accomplished under this
Contract shall be delivered rD the Board
The Board may issue a Stop Work Order rD the City o6 Denton
at any rime Upon receipt of such order, the City of Denton is
to discontinue all work under this Contract and cancel all
orders pursuant to the Contract, unless the order directs
otherwise If the Board does not issue a Restart Order wirhxn
60 days after receipt by the City of Denton of the Stop Work
Order, the City of Denton shall regard t~is Contract rerslflared
~n accordance with the foregoing provisions
VI
NO DEBT AGAINST THB STATE
This Contract and Agreement shall not be construed as
creating any debt by or on behal£ o£ the Stare o£ Texas and for
the Texas Water Development Board, and all obligations of the
State o~ Texas are subject rD the avallabil~ry of funds
VII
LICENSES, PERAfITS, AND INSURANCE
For the purpose of this Contract, the City of Denton w~ll be
considered an Independent contractor and therefore solely respon-
sible for liability resulting from negligent acts or omissions
The CLty of Denton shall obtain all necessary Insurance ~n the
judgment of the City of Denton, to protect itself, the Board,
and esploye~s and officials of the Board from liability arising
out o£ the ~ontract The City of Denton shall ~ndemnify and
hold the Board and the State o£ Texas harmless, rD the extend
that the City o£ Denton may do so in accordance wxth the Stare
Law, from any and all losses, damages, liability, or claims
theretore, on account of personal ln)ury, death, or property
damage o£ any nature whatsoever caused by the City of Denton,
arising out of the activities under this Contract
The City of Denton shall be solely and entirely responsible
for procuring all a~proprzare licenses and permits which may be
required by any competent authority for the City of Denton rD
perform the subject work
PAGE 7
VIII
SEVHRANCE PROVISION
Should any one or more provisions of this Contract be held
to be null, voids voidable, or Eot any whatsoever, o£ no
Eorc. and e,,e.t, such provi,ion(,) Z*~f~ be con. rued as
severnble ,rom the remainder o~ this Contract and shall nor
a,,ect the validity o, all other provisions o, this Contract
which shall remain o, ,ul! ,orce and e,,ect
In WITNESS WHEREOF the parries hereto cause this Contract
and A~reement ro be duly executed in triplicate this day
, 1987
TEXAS WATER DEVELOPMENT BOARD
BY
CEARLE5 Ii. NEblXR
EXECUTIVE ADMINISTRATOR
CITY OF DENTON, ET AL
BY
RAY STEPHENS, 'IAYOR
ATTEST
CtiARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FOR~i
DEBRA ADM'II DRAYOVITCH CiTY ATTORNEY
CiTY OF DENTON, TEXAS
PAGE 8
PLANNING AREA
Ill
I
I ,TII
Till 'PIIIIIII Al'II" ee#$1~t~ el D®alea ~e##t~ e;el~ellal
IIII If ~®#le; ~;~e#, (W&l~t le~vle® IHa#alag let the eael~ded
CITY OF DENTON-WATER SERVICE AREA
DENTON SERVICE AREA
EXHIBITS
CONTRACT BETWEEN THE TEXAS WATER DEVELOPMENT
BOARD AND THE CITY OF DENTON~ ET AL
Exhibit A ~
List of Participating Agencies
~ Ent~t~es w~th Associated Fees
Exhibit B -
Contract between Denton County
and Espe¥, Huston and Associates