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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