1987-0251678L
NO
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON,
ET AL AND THE TEXAS WATER DEVELOPMENT BOARD, APPROVING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the City Council hereby approves and authorizes the
Mayor and City Secretary to execute and attest, respectively,
the agreement between the City of Denton, et al and The Texas
Water Development Board, relating to a regional water supply and
wastewater services planning study under the terms and conditions
being contained ~n said agreement which ~s attached hereto and
made a part hereof
SECTION II
That the City Council authorizes the expenditure of funds In
the manner and amount as specified ~n the Agreement
SECTION III
That
~ts passage and approval
PASSED AND APPROVED this the3 day of~'~_,/.O~ ,
this ordinance shall become effective immediately upon
1987
ATTEST
J E]~N~ F BR~WALT ER-S- --
AC~%G CItY SMCR~TARY
CIT~F DENTON, TEXAS
APPROVBD AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1678L
TWDB Contract No
THE STATE OF TEXAS
COUNTY OF TRAVIS
CONTRACT BETWEEN THE TEXAS
WATER DEVELOPMENT BOARD AND
THE CITY OF DENTON, ET AL
This contract is made and entered into between the Texas
Water Development Board, hereinafter termed the "Board", and the
City of Denton, Denton County Commissioner's Court, other Denton
County Municipalities, and the City of Dallas, hereinafter termed
"Denton", under which the following terms, conditions, and pro-
visions have been agreed upon, in consideration of the mutual
promises and covenants hereinafter stated,
WlTNESShTH
I
PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED BY DENTON
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 wastewater services
planning study for the City of Denton and the balance of Denton
County, excluding an area south and southwest of Denton Creek
Services and activities provided shall be in strict
accordance with requirements of the Texas Water Code, Chapter
15, associated rules of 51 Texas Administrative Code, Chapter
555, Attachment A, the original grant application, which is made
a permanent part 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 liaison with the entities listed In
Exhibit A, the directors of utility districts within the service
area that have notified Denton of their interest in the project,
appropriate officials of the Cities of Dallas and Lewlsvllle,
the North Texas Municipal Water District, the Trinity River
Authority, and 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 effort
Planning shall be coordinated w~th ali existing water supply,
wastewater treatment, and flooding studies and activities for
the purpose of prowdlng information for the proposed project
As the organizing entity, the City of Denton has the responsi-
bility to solicit comments from the general public 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 area located in the Elm Fork watershed o£ the Trinity
River Basin The £easlblllty study, which is described in more
detail in Exhibit B, will
A Develop a conservation plan £or the service area
to emphasize more e£flclent use o£ water resources
B Determine present and potential water demands £or
the years 1986 through 2010 for all cities,
unincorporated areas, and water service entitles
in the planning area
C
Determine present entities, systems for water and
wastewater 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 o£ presently adopted service areas
(with agreement {rom entitles) of Cities o£
Denton and/or Lew~sv~lle
2 Creation o£ new regional entities (1 e , water
districts)
Service from existing entitles which may or may
not presently provide service within the
planning area (1 e , Trlnlty River Authority)
E
Conduct interviews with established entitles to
insure conceptual agreement with proposed roles in
regional service plans
F Prepare preliminary cost estimates and Implemen-
tation schedules for recommended service
alternatives
Provide recommendations for financial and legal
strategies for funding 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 and customers under recommended
alternatives
PAGE 2
3 The study will review the relevant portions of the City
of Dallas' master planning effort that address water supply,
treatment and delivery to the study area
4 The project will include coordinating the water supply
and wastewater system plans and policies with existing plans and
policies of entities listed in Exhibit A, the county, and the
state
II
PROJBCT SCHEDULE AND REPORTS
The term of this contract shall begin and the Corporation
shall begin performing its obligations hereunder on January 7,
1987 The City of Denton shall complete the work program stated
in Article I, above, not later than August 31, 1987, unless such
date is extended as provided below, at which time the City of
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 the term of the Contract
Monthly progress work reports which summarize the work
completed through the period of the submitted State of Texas
Purchase Voucher will be submitted by the City of Denton to the
Board by the gOth of the month following the period covered by
the Voucher The work report will contain the following
information
1 Task names and descriptions
Z Total cost of the individual tasks, including TWDB and
City of Denton portions
Percent of the tasks completed
Dollar value of the percent of the tasks completed
5 Total tasks completed, indicating the percent of and
dollar value of the project completed as reflected in totals of
all State Vouchers submitted
A coordination meeting will be held at the end of every
three-month period to discuss the status of the study Repre-
sentatives of municipalities in Denton County and the City of
Dallas will be invited to the meetings
PAGE
The City of Denton will schedule the coordination meetings
so that a status report on the project can be written by the
City of Denton and submitted to the Board according to the
followlng monthly schedule during the active life of the
contract March 1, 1987, and June 1, 1987 An interim status
report will not be required after the draft final report has
been submitted for review The status reports shall be in
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 reporting period that will
affect the study, delay the timely completion of any portion of
the contract, or will Inhibit the completion of or cause a
change in any of the pro]ect products or ob]ectlves
3 A description of actions the City of Denton or the
contractor plans to take to correct any problems described in
Item 2 above or change any schedule, product, or ob]ectlves
stated in the contract
If for any reason the City of Denton is unable to complete
its performance called for under the terms of this contract on
or before August 51, 1987, and is unable to deliver the final
report on or before November 50, 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 to the date for completion of the work
program or thirty (30) days prior to the date for submittal of
the final report that the City of Denton will be requesting
renegotlatlon
III
COMPENSATION AND REIMBURSEMENT
The Board, for and in consideration of the obligations and
responsibilities undertaken by the City of Denton, hereby agrees
to compensate and reimburse the City of Denton, in a total
amount not to exceed $125,000, upon the submission of invoices
and purchase vouchers representing costs incurred by the City of
Denton pursuant to performance of this Contract The City of
Denton will contribute $125,000, representing fifty (50) percent
of the total project cost, in the form of cash
A Reimbursement to the City of Denton shall be made in
accordance with the following budget, with the Board
contributing fifty (50) percent of the total pro3ect cost in
the form of cash
PAGE 4
BUDGET
Regional Water Supply
Contract Study for the City of Denton
A Salaries and wages $ 51,865
B Fringe 15,758
C Travel 2,200
D Expendable Supplies 1,100
E Contract Services~ 68,750
F Technical/Computer Services 2,200
G Communications 1,100
H Reproduction 9,550
I Overhead 78,158
J Profit 21,S61
TOTAL ~000
Subcontracts
Monthly invoices or vouchers supplied by the Board for work
performed shall be submitted for reimbursement Said invoices
and vouchers shall be supported by sufficient detail to sub-
stantlate billing by the City of Denton said detail to xnclude
the following
1 For direct expenses incurred by the City of Denton
for outside consulting service--cop~es of ~nvolces to
the City of Denton showing the tasks that were per-
formed, the percent and cost of each task completed,
a total cost figure for each d~rect expense category
including labor, overhead, travel, communication and
postage, technical and computer services, expendable
supplies, printing and reproduction, and the total
dollar amount due to the consultant
For travel and subsistence expenses, including such
expenses for sub-contractors--names, date, work
location, time period at work location, itemization
or subsistence expenses of each employee, limited,
however, to travel expense authorized for state
employees by House Bill 20, as amended, Acts of the
69th Legislature, Regular Session, 1985 (General
Appropriation Act), and
3
Other transportation costs--cop~es
covering tickets for transportation
available, names, dates, and points
individuals, and
of invoices
or, if not
of travel of
PAGE 5
4
Ail other reimbursable expenses--invoices or
purchase vouchers showing reason for expense with
receipts to evidence the amount incurred
B The Board shall reimburse the City of Denton only upon
invoice and purchase voucher, provided, however, the Board shall
only pay up to ninety (90%) percent of each invoice pending the
City of Denton's performance, completion of the report, and
acceptance and approval of said report by the Board At the
t~me of said performance, completion, and approval of the report
by the Board, the Board shall pay the remaining ten (10%)
percent to the City of Denton
IV
PUBLICATION AND SUBCONTRACTING
The Board shall have unlimited rights 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 th~s contract shall
become the }olnt property of the City of Denton and the Board in
which the Board retains the right to establish copyrights Any
water supply planning materials subject to a Board copyright and
produced by the City of Denton or Board pursuant to this contract
may be printed by the City of Denton or Board at their own cost
and distributed by either at their discretion within the State
of Texas The City of Denton may otherwise utilize such
material prowded under th~s contract as ~t deems necessary and
appropriate, including the right to publish and d~str~bute the
materials or any parts thereof under its own name wzth~n the
State of Texas, provided that any Board copyright ~s appropri-
ately noted on the printed materials
The City of Denton agrees to acknowledge the Board in any
news releases or other publications relating to the work per-
formed under th~s Contract
No work here~n called for by the City of Denton shall be
subcontracted or assigned without prior written approval of the
hxecutlve Administrator of the Board for such subcontract,
~ncludlng a detailed budget estimate w~th specific cost details
for each item of the work to be performed by the subcontractor
and for each category of reimbursable expenses
V
AMENDMENT, TERMINATION, AND STOP ORDERS
This contract may be altered or amended only by mutual
written consent and may be terminated by the Board at any t~me
PAGE 6
by written notice to the City of Denton Upon receipt of such
notice, the City of Denton shall, unless the notice directs
otherwise, immediately discontinue all work in connection with
the performance of this Contract 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 detail the work performed under this
Contract to the date of termination The Board shall then pay
the City of 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 made
Thereupon, copies of all completed work accomplished under this
Contract shall be delivered to the Board
The Board may issue a Stop Work Order to the City of Denton
at any time 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 within
60 days after receipt by tile City of Denton of the Stop Work
Order, the City of Denton shall regard this Contract terminated
in accordance with the foregoing provisions
VI
NO DEBT AGAINST THE STATE
This Contract and Agreement shall not be construed as
creating any debt by or on behalf of the State of Texas and for
the Texas Water Development Board, and all obligations o£ the
State of Texas are subject to the availability of funds
VII
LICENSES, PERMITS, AND INSURANCE
For the purpose of this Contract, the City of Denton will be
considered an independent contractor and therefore solely respon-
sible for liability resulting from negligent acts or omissions
The City of Denton shall obtain all necessary insurance in the
judgment of the City of Denton, to protect itself, the Board,
and employees and officials of the Board from liability arising
out of the Contract The City of Denton shall indemnify and
hold the Board and the State of Texas harmless, to the extend
that the City of Denton may do so in accordance with the State
Law, from any and all losses, damages, liability, or claims
therefore, on account of personal injury, death, or property
damage of any nature whatsoever caused by the C~ty of Denton,
arising out of the activities under this Contract
The City of Denton shall be solely and entirely responsible
for procuring all appropriate licenses and permits which may be
required by any competent authority for the C~ty of Denton to
perform the subject work
PAGE 7
VIII
S~VERANCE PROVISION
Should any one or more provisions of th~s Contract be held
to be null, void, voidable, or for any reason whatsoever, of no
force and effect, such prows~on(s) shall be construed as
severable from the remainder of th~s Contract and shall not
affect the validity of all other prows~ons of th~s Contract
which shall remain of full force and effect
In WITNESS WHEREOF the partxes hereto cause thxs Cont/~act
and ~gje~ment to be duly executed xn trxplxcate thxs _~"day
of ~, 1987
TEXAS WATER DEVELOPblENT BOARD
BY
CHARLES E NEMIR
EXECUTIVE ADMINISTRATOR
CITY OF DENTON, ET AL
B Y R AY S~T ~?E~
ATTEST
CH~J'TTE~'ALLEN, CITY SECKETAP~ ~
APPROVED AS TO LEGAL FORM
DLBRA ADAMI DRAYOVITCM CITY ATTORNEY
CITY OP DENTON, TEXAS
BY
PAGE 8
PLANNING AREA
·
I
I/mi
Tho 'Plennlno &re&' oonoloto of Denton Gounty eloludlnl the item
went of Oenton Greek. (wirer Inrvloe Ol&flnln8 for tl~e onoludod Ifil
eq Denton Go, hen been enoooted on · rOellonllblllty by otl~oro.)
CITY OF DENTON-WATER SERVICE AREA
DENTON SERVICE AREA
EXHIBIT A
PARTICIPATING AG£NCZ£S I LNTZ?Z£S
~ZTH ASSOCZAT[~
Bartonvilie Water Supply Corp. 12,203
1200P * (3,?20 minus s*1,693) xlOd)
Bartonville, Texas, Town of
BLOOD + (80S x
Carrollton, Texas, City of I?,qq2
IS,e00 * (29,939 x
Colony, Texas, City of
IqDOD * ¢l?,lSO x
Copper Canyon, Texas, Town of
IIODO * ¢8A8 x
Corinth, Texas, City of
I~DOO x (aaa0 x lO~)
Dallas, Texas, City of (maximum commitment) luO,~D
Denton, Texas, City of 111,310
ISDDO ) (~,IDD x .lDO)
Denton, COUNTY OF (maximum commitment)
Flower ~ound, Texae, Town of (maximum commitment) IS,eeO
IqDDD * (]I,8DD x l~)
Highiafld Village, TINES, City of II,SDS
13DDD * ¢SDSD x lO~)~
Lake Cities ,untcipal Utility Authd~i~e
I{ODG + (?200 x log)
Louisville, Texaa, City Of
IAGO0 * ¢3?,200 x .lO~)
Little Elm, Texas, Town Of Il,liS
IlOOO * (1150 x
Ponder, Texas, Town of
IlOOO * (~ES x log)
Sanger, Texas, Town of
leOOO+ ¢38S0 x log)
TSW %ncorporated kater Company I1,081
IIODO + (810 x log)
TOTAL 1197,147
Select Committee ~ember
PARTZCZPATZON FORHULA:
Flat Fee=
0 - 1,OOP II,OPO
1,O00 - q,O00 12,000
S,OPO - 10,000 I],O00
10,000 - 25,000 14,00P
over 25,000 IS,O00
Population Fee
Zn addition, each municipality or water
would pay a per capita fee of lOd per capita
supply entity
Notes
1) Population numbers are January 1, 1986 NCTCOG estimates
2) Population for Bartonville Water Supply Corporation
excludes (**) cities of Bartonv~lle and Copper Canyon
since these cities are independent participants tn the
study
3) Population for Lake Cities Municipal Utility Authority,
Bartonville Water Supply Corporation and TS~ Znc · Water
Company are estimated by methodology Number of
connections multiplied by 3 residents per connection
equals population
D R A R ?
January 26~ 1987
STATE OF T£XAS }
COUNTY OF DENTON }
EXHIBIT B
ENGZNEERZNG SERVICES AGREEMENT
This Agreement is mede end entered into this day of
1ga?, by and between Denton County on behalf of the Participating
Agencies' Steering COMMITTEE es listed in Exhibit 8, hereinafter
referred to as the "COMMZTT;E", and Espey Huston ~ Associates, Inc,
Engineering & Environmental Consultants hereinafter referred to as
WHEREAS, Denton County, on behalf of the COMMITTEE desires the
professional services of ENGINEER to perform e~gineering services,
to serve as the COMMZTTEE,s profesti6nel engYnaerin~ consultant and
advisor in connection with a Study to evaluate and make
recommendations ?or prdvtding wateP end westmYater services to
Denton County Communities and water/waetewa~r supply entities
needing wholesale services as described in Exhibit A, "Scope of
Work" hereinafter referred to es the "$TU~Y"~ and~
WH£REAS, Denton County has designated the COMMITTEE to serve as
the Representative for Denton County ~ith and between Denton County
end the ENGINEER end, furthermore, Denton County and the COMMITTEE
designates Robert E Nelson, P E as the Committee's PROJECT MANAGER
who shall work under the authority of the COMMITTEE,s Chairperson,
County Commissioner Lee Walker, to coordinate the day-to-day
activities of the STUDY~ and,
WHEREAS, Denton County has designated the SELECT COMMITTEE to
assist Robert E Nelson, P E wsth these PROJECT MANAGER dutses,
SELECT COMMITTEE being designated by asterisk on Exhibit e attached
hereto,
NOW THEREFORE, COMMITTEE and ENGINEER, for the mutual
consideration hereinafter stated, agree and understand as follows
Z
Scope of Services for ENGINEER
The Scope of Services to be rendered under thss
Agreement is set forth in Exhibit A, attached to and
made · pert hereof Deviations from the attached Scope
of Services or other provisions of this Agreement, may
only be made by written agreement authorized by the
COMMITTEE and the County of Denton
PAGE 1
TV
II
AddEr. ~al Services
A
If authorized by ¢OMMITTEE, the County of Denton and
the additional services related to the assignment will
be performed by ENGINEER for an additional Professional
?es on a time and materials basis in accordance with
ENGSNEER'S rate schedule, attached as Exhibit C or on
a different basis as the parties may otherwise agree
COMMZTTEE's Responsibilities
A COMMITTEE shall do the Following in a timely manner so
as not to delay the services of ENGINEER
Provide ell criteria and full information as to
COMMITTEE~ requirements ?or the STUDY and
designate in writing a person with authority to
act on COMMZTTEEf~ behalf on ell matters
concerning the STUDY
Furnish to ENGZNEER all existing reports and
other available data pertinent to the STUDY,
obtain or authorize 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
information and services provided by COMMITTEE
or others in performing ENGINEER'S services
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 indicated
Exhibit A, "Scope of Services"
Bear all costs Incidental with the requirements
of this Section III
Provide labor end safety equipment to inspect or
investigate any existing facilities as required
by the ENGINEER
Period of ~ervice
Ae
ENGINEER'S basic services will
(IS) days of the date of this
report (Item S 3 of Scope
submitted by August 31, 1987
commence within fifteen
Agreement and the final
of Services) shall be
PAGE 2
V
B
D
B
~, for any reason ESPEY, HU. ON & ASSOCIATES, INC , is
unable to complete 1ts performance called For under the
terms of this contract on or before August 31, 1987,
and is unable to deliver the fine1 report on or before
November 30, 1987, the County o? Denton and the
COMMITTEE hereby agree to conssder negotlatsng a new
contract per~od The COMMITTEE must, however, be
notified in writsng fi?teen (15) working days prior to
the date for completion of the work program or
thirty-five (~5) days prior to the date for submittal
o? the final report
C
If for any reason, the State of Texas reduces or
eliminates the State grante which have been promised or
relied upon, the County of Denton and the COMMITTEE
reserve the right to terminate this Agreement Upon
termination~ all services rendered up to the date of
termination will be paid for, end upon such payment,
all documents will be turned over to the COMMITTEE
D
ENGZNE£R~S basic services unde~ this Agreement will be
considered complete e~ bhe earlier of C1) ~he date when
item 5 6 in ~cope of ¥ork~ is aGcel)ted by COMMZTT£E or
(2) sixty (60) days after the date when the report ~s
submitteO,~or final ecceptance~ plus in each case, if
applicable, such additional time aa may be considered
reasonable for obtain£r~j approve1 of governmental
authorities havin~ jurisdiction to ~pprove the STUDY
EN;INEER'S additional service~ will be performed and
completed within the time period agreed to in writing
by the partzes at the time such services are authorized
Payments to £N;INEER
COMMITTEE shall authorize payment to ENGINEER for
services rendered hereunder as indicated in Exhibit A,
Scope of Services
ENGINEER shall submst statements for basic and
additional servzces rendered monthly Such statements
shall be complete and detailed COMMITTEE shall ~nsure
prompt payments sn response to ENGINEER'S statements
ENGINEER'S charges are on the basis of prompt payment
of statements rendered and contsnuous progress of the
work on the STUDY untsl submsssion of the report
The ENGINEER shall be compensated For services
sndzcated in Exhibit A, Scope of Services, on the basis
of salary cost times a multspller of 2 4, plus other
G
H
olrect expans~s plus subcontractor costs with the total
fee not to exceed 1250,000 without written
authorization of the County of Denton and the
COMMITTEE
"Salary Cost" (illustrated in attached current Standard
Rate Schedule) used herein Is defined as the cost of
salaries of managers, engineers, technicians, drafts-
man, stenoBraphers, surveymen, clerks, laborers, etc ,
for time directly charBeable to tho 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 92 times direct salary payments This
factor is adjusted annually)
Other direct expenses shall include printing and repro-
duction expense, communication expense, travel, trans-
portation apd subsistence away from Dallas and other
miscellaneous expense dire¢Cl¥~releted to the work,
including costs of laboratory analysis, tests, and
other work required to be d~n~ bY imdependent persons
or agents.
Under no circumstances shell any st~tementj~or s~rvices
exceed the value of work performd at the time
statement ts rendered.
It is specifically understood and agreed that the
£NGIN[ER 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 maxzmum
?es as stated without having first obtained written
authorization from the COMMITTEE
Should the COMMITTEE ?ail 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 sha~l pay to
the ~NGIN£ER, in addition to the sum shown as due by
such statement, interest thereon at the rate of ~
percent per month from the date due, as provlOed
herein, until fully pald~ which shall fully liquidate
any inoury to the ENGINEER arising from such delay in
payment
Included within the Scope of Services for this STUDY is
a budget of ~I~,SDO for consultation with subcontracted
Hutchlson, Price, Boyle ~ Brooks, Inc for legal and
First Southwest, Inc for financial services
PAGE 4
VI Cost ? ~trol
VIZ
A
COMMITTEE'S budgetary requirements and considerations
in respect to the STUDY ara set forth in Exhibit B
B
Opinions of probable construction cost, financial
evaluatlons~ feasibility studles~ economic analyses of
alternate solutions and utilitarian constderations 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
General Considerations
Neither COMMITTEE nor ENGINEER shell 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
assignmant~ ~ubletttng or transfer is mandated by law
or the effect of this limitation bQ~ be restricted by
law Unless spherically stud to the contrary in any
written consent t~ ~a~f~ssi~, no assignment will
release or discher~J~ the assignor ?rom any duty or
responsibility und~ tH~gr~amemt. Nothing contained
in this paragraph shall prevent ENGINEER from employing
such independent pro?esst~al ~ ~ associates,
subcontractors and consultants a~ ENGZNEER may deem
appeop~iate to 4islet in th~ performance of services
he~eunde~
B
Nothing under this Agreement ~hall 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 ?or the benefit of any other party
C
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
D
In the event the ENGINEER'S Project Manager or key
members of the project team are removed from this
STUDY, the COMMITTEE will have the right to interview
and approve or disapprove of replacements If an
ENGINEER'S Project Manager satisfactory to the
COMMITTEE ~s not assigned, COMMITTEE shall have a right
to terminate this STUDY
PAGE
VIII
Zndem icat~on
A
ENGINEER shell and does hereby agree to indemnify and
hold harmless the COMMITTEE from any and all damages,
loss or liability of any kind whatsoever, occasioned by
any error, omission or negligent act of ENGIN££R, its
officers, agents, employees, lnvitees, and other
persons ?or whom it is legally liable, with regard to
the performance of this Agreement, and £NGIN£ER will,
et its cost end expense, defend end protect the
COMMITTEE against any and ell such claims and demands
up tO the amount of this contract
Milling AddPesseg
A
All notices and communications under this Agreement to
be mailed or delivered to COMMITTEE shall be sent to
the address of the COMMZTT£E'S PROJECT MANAGER with
copy to Lee Walker, County Commissioner, es follows,
unless end until [N~ZN[£R is otherwise notified
Robert E. Nelson~
City of Den~6~ Utility Department
215 E McK~nney St
Demton, Texas 762Ol
Lee Walker, County Commissione~, ~recinct 3
212 ~. ~camore St
Denton, Texas 76201
Notices end communications to be mailed or delivered to
ENGZNEER shell be sent to the address of £NGINE£R as
?ollows~ unless end until PROJECT MANAGER is otherwise
notified
C
£spey~ Huston & Associates, Inc
17811Weterview Perkway~ Suite 500
Dallas, Tx 75252
ATTN Thomas E Taylor, P E
Director of Municipal Services
Any notices end communlcetions required to be given sn
writing by one party to the other shall be considered
as having been given to the addressee on the date the
notice OP communication is posted by the sending party
IN WI ,W£~S ~HEREOF~ the Partly. hereto have made and
executed th~s Agreement as of the day and year first above written
£NGZN££R
£SPEY, HUSTON & ASSOCIATES, INC
ATTEST
BY
(Title) Tstle
DENTON COUNTY ON BEHALF OF
COMflZTT££
Attest BY
(Title) Title
APPROVED AS TO LEGAL FORM
COUNTY ATTORNEY
By:
PAGE 7
EXHIBIT
~COPE OF SERYZCE~
Purpose of Study The purpose of this STUDY zs to evaluate and to
make recommendations for providing water and wastewater serwce to
Denton County communities and water end westewater supply entitses
needing wholesale service, now or in the future, zn the service area
of the regional water supply system operated by the City of Dallas
(generally defined as all of Denton County with exceptson 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)
Grant Assistance: The City of Denton, on behalf of Denton County
communities and water/wasteweter supply entities have applied to the
Texas Water Development Board for grant assistance for this ~TUDY
COMMITTEE will prepare monitoring end status reports as required,
and ENGINE£R will review such reports for technical accuracy and
completeness.
~w In order to keep participating entities advised o?
sletter will be p,ipered by the ENGZNEER and mailed
on · monthly basis to · mailing list not to exceed 200 addresses
1 0 Preliminary Assesseene
1.1 ENGINEER ~ PROJECT MANAGER will identify data to be
collected end 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
Bertonville Water ~upply Corp
Town of Bertonville, Texas
City of Carrollton, Texas
City of the Colony, Texas
Town of Copper Canyon, Texas
City of Corinth, Texas
City of Dallas, Texas
Czty of Denton, Texas
County of Denton, Texas
Town of Flower Mound, Texas
City of Highland Village, Texas
Lake Cities Municipal Utility Authority
City of Lewzsville, Texas
Town of Lsttle Elm, Texas
Town of Ponder, Texas
Csty of Sanger, Texas
T;W 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)
w~ll be required
PAGE 8
1 4
Re tw additional reports fur shed by the participating
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 Water
Utilities Service Area- CH2M Hill, August 1984
*Analysis of Water Service Area- Peat Marwlch and
Mitchell, May 1980
*Report on Feasibility Study for Aubrey (Ray Roberts)
Lake- URS Company, 1977
M
*Report on Long Range Water Supply Study to Meet
Requirements to the Year 2DSO for the City of Dallas,
Texas, URS Company, March 1975
*Water Suppl~ Study for City of
June 1962
*Water Supply Stud~ ~e~,,~?f Lewisville-
~ Finklea,
Jacobs and l~E ,~11~i~98S)-~
Utilities,~~Apell~ I9(~~ ...... .1.. ~
Customers, ~fty of Dalta~ Jan'~:~aS
~enton- Freese ~ Nichols,
Shimek,
Water
Wholesale
NOT[ ?~e~above i.~{~,. . 1~' ~l~-~n-~ frie in the Planning
Division of Dallas Water l~l~li~ in Room 4Ai of Dallas
City Hall ' ;~,,~
Identify other entttee~J~qn,'t~ County that have
responsibility for providtngii~ ~ wastewater servz~s
Develop base map fop project area
1 7 As directed by the Pro3ect Manager, meet with other
identified entitie~ (not to exceed two group meetings)
i 8
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
1 9 Develop a draft work plan which shall include a proposed
schedule for each phase of work
1 lO Conduct work session with Steering Committee
1 11 Finalize the work plan
1 12 Prepare and submit twenty-five (25) copies of Phase 1 0
report to the Project Manager
PAGE 9
1.13 Col ~ct review session of Pha 1 0 report with Steering
Committee
2 a Analysis Defining the Dimensions of the Project
2 I
Make an inventory of existing, committed, and planned
water and wastewater facilities and their capacities from
information furnished by parttcspating and
non-participating agencies
2 2
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 Pipeline CGmpanies
i ~ ' F~ ' ~ ~
Ce~~~c~?' ~ent?~a es the base
~r~. ;~n and kith'input ?rom the
and
other
DevelOp lou~ ma~t '~a~ an~ ~i~ proJ~tions for
fu~u,e ware. demends fop avePage Q~ pe~k, dPought and
normal c~ditions PPoJectl~ should'~e i~ inc.ements of
?ire yea.s
ProJec~ low,_ mos& p~obable and hsg~ projections for
?utuPe wastev~e, tr~m~equiremen~) ?o. increments
o~ five
~se~ve ~he s~uU~eea, ~e~eem~ne y~eZd expected ~o be
avoilable to study aree~ c6nsult with Dallas Water
Utilstzes
Determine need for supplemental untreated water resources
and identify~potential sources which may be needed to
meet anticipated lo~O-term requirements
PAG£ 10
2 q
£s~_olish capability and will,ngness of existing meJo~
entities within project area to meet projected water and
waetewater 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
end long term requirements~ with emphasis on
institutional agencies for providing water and wasteweter
services over the next twenty-five (2S) years Specific
alternatives to be evaluated include, but ehall not be
limited to the following:
2 l~ 1 Untreated water service from Dallas to
other entities (either existing or proposed) which
could provide treated water service to customers in
th. service area. ~-
~.l~,~ P~tnershtp arrangement between cities to
construct water or wastewater treatment plante for
benefit or the contrac~tn~ parties
~ IE-3 Creation of an entity or entities s~ch es
utility distrtcte to be sponsored and established
by the customers having a need for uater or
wastewatar service
2 12 4 £nlargement of service area of existing
cities (Denton, Lewisville and others) which
already have water or wastewater treatment plants
in Denton County.
2 12 S Service to be provided by an established
water or wasteweter service entity which may or may
not presently provide service in the Denton County
service area (Dallas, Trinity River Authority, etc)
2 13 Prepare end 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 O' Evaluation of Alternatives
3 I £valuate feasibility of existing entities to expand their
service areas to meet all or a portion of the project
arma
PAGE Il
3 2
3 4
~ ?
3 12
To lscuss Ztem 3 1 above, m~ with the major agencies
including'
City of Denton
City of Lewisvllle
City of Dallas
North Texas Municipal Water District
Trinity River Authority
Evaluate previously identified alternatives and determine
"most feasible" alternatives (S to 15) Match water and
wastewater in workable combinations
With aid of a computer model, evaluate in depth the "most
feasible" alternatives--documenting costs, advantages and
disadvantages
Consult with legal and financial advisors concerning the
alternative institutional strategies
Develop legal organizational structures with
recommendation3 for service contract concepts and
conditions of service required.
Make field reconnaissance of the erem 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
constPaints
Conduct interviews with maoor entities that would be
effected 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
PAG? 12
4 0 Developm .c of Infrastructure Plans
4 1 ?or each of the top three recommended institutional
alternatives, develop an infrastructure plan
4 2 Prepare implementation schedules and preliminary cost
estimates ?or recommended service alternatives
4 3 Identify key political/policy/regulatory/legal steps for
implementation.
4 4
Provide recommendations ?or 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 with Steering Committee to review and fine-tune
the recommended alternative strategies.
4.7 Prepared and submit twenty-five (25) copies of phase 4 0
report to Project Manager
RePorting
Submit a draft of final Report and ~xecutive 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
5 4 Participate in presentation(s) of final recommendatlonz
(not to exceed five (5) presentations)
Submit documentation report of working papers to Project
Manager
Meet with Steering Committee ?or closing remarks
PLANNING AREA
ii:::::::, '"""'
0
'rlo ePllnllel &roof no#ninth el Oelllon Oonnty enolullnl lbo ieee oout~ 8t
wont el Denton Crook. (wirer Iorvloo olinnlng for lBO oxOludod ire8
CITY OF DENTON-WATER SERVICE AREA
· '7 I.
DENTON IlllVl¢l ANIA
e
EXHIBIT B'V- --
PARTZCZPATZN~ AG[NCZ£~ I £N?ZTZ£~
~ZTH A~SOCZAT£~ F££S
Bartonvilta Water Supply Carp
SEOOO * (3,7ED minus eel,k,3) x 1Od)
Bartonville, Texas, Taus of I1,0~0
ILO00 + (SOS x ]0~)
Carroliton, Texas, City of
Colony, Texas, City of IS,?IS
IqOOO * (l?,lSO x lO~)
Copper Canyon, Texas, Town of II,OAq
IlOOO* (aS& x lO~)
Corinth, Texas, City of
12ODD x (;tOO x .lO~)
Dallas, Texas, City of (maximum co~sitment)
Denton, Texas, City of 111,3ID
ISa00 · (~3,100 x .1~)
Denton, COUNTY OF (maximum commitment) llOO,OOO
Flower flound, Texas, Town of (maximum commitment) IS,OeO
IqOOO * (Il,SO0 x lO)
Highland Village, Texas, City of 93,505
ISOOO * ¢SOSO x lO~)
Likm Cities fluflLctpal Utility Authority
I~OOO · (?;00 x ID~)
LlwllVilll, ToNal, City Of
ISOOO * (37,~oa x lO~)
Little £1a, Texas, Town of Il,liS
ILO00 *(llSO x
Ponder, Texas, Town of
IlOOO· (;;Sx 10~)
Singer, Texas, Town of
laOOO* (3tSO x lO~)
TS~ Zncorporated ~ater Company
ILO00 * (&lO x lO~)
TOTAL
Select Committee flembar
PAffTZCZP~TZON FORflULA
Flat Fee~
1,O00 ;,000 gE,OeO
lO,OOO ' ~S,O00 Iq,O00
over ES,O00 lS,O00
Population Fee:
Zn addition, each municipality or ~eter supply
would pay a per capita fee of lO~ per capita.
entity
Notesl
Population numbers are January I, lq&b NCTCO~ estimates
Population for 9artonville Water Supply Corporation
excludes (ss) cities of Bartonville and Copper Canyon
since these c~ties ere independent participants ~n t~e
study.
Population ~or ke~e Cities ~unicipal Utility Authorzty,
Bartonvllle Weber Supply Corporation and Tam Znc , Water
Company ere estimated by methodology ~umber
connections multiplied by ~ residents per connection
equals population
EXHZBZT C
[SPEY, HUSTON I ASSOCZATES, ZNC.
STANDARD RAT[ SCH£DULE
Personnel
Personnel cost is reimbursed based on a multiplier of 2 4
applied to salary cost. Salary cost for each employee is based
on the employee,s actual hourly wage plus benefits Ranges of
hourly salary cost by personnel classification are as follows
Principal
Associate Staff
Senior Project Staff
Project Staff
Technics! Support
Clerical Support
13k OD to Ifa aa
las aa to Isa.aa
leo,aa to IqS OD
Ila. OO to liD,D0
g6 aa to leo aa
e6 aa to gl6 aa
Survey Field Crews
Survey crews are available at fixed hourly party rates
Three (3) man field Crew
Electronic Distance
Heasuring Equipment
I?S O0 per hour
No charge
There is no mileage charge for survey crew vehicles when the
Job site is within fifty (SO) miles of the office from which
the survey crew originates
Travel I Subsistence
All travel and subsistence expenses are invoiced at actual
cost Cost of mileage on company-owned vehicles is computed aC
a rate of 28~ per mile Cost ?or company-owned four wheel
drive vehicles ss computed at a rate of 28~ per mile plus
125 00 per day
Purchased Services
All purchased services are invoiced at actual cost These
include but are not limited to reproduction, computer tlme~
long dzstance telephone~ consultants~ subcontract services,
rented or leased equipment~ and expendable supplies
PAGE
Invoices are submitted monthly for all services rendered and
are payable "Net 45 days" Late payments will ~ncur a lace
charge of one and one-half ¢1 5) percent Der month from the
orig~ne! date of invoice
EXHIBIT D
ENGINEERING SERVICES AGREEMENT
The Contract Between the City of Denton and
the Texas Water Development Board for
Grant Funds
gTATE OF TEXAS
COUNTY OF TRAVIS
Amendment No
TWDB Contract No 55-71028
Texas Water Development Board
and
City of Denton
1
This Contract and Agreement, ~ade and entered into the fourth day of
February 1987, is hereby amended as follows
The date of tezmlnatlon of T~DB Contract No 55-71028 shall be changed fran
August 31, 1987, to October 31, 1987, at no additional cost to the Texas Water
Development Board All other ten~s and conditions of T~DB Contract No 55-71028
remain in effect
IN WITNESS WHEREOF ~e parties hereto cause this Contract and Agreement to
TEXAS WATER DEVELOPMenT BOARD
M Reginald Arnold
Executive Administrator
Date August 19, 1987
CITY OF DENTON
Mayor ~
- ~',~ 7WDB Contract No. 8-483-523 (55-71028)
STATE OF TEXAS Texas Water Development Board
and
COUNTY OF TRAVIS City of Denton
Amendment No. 2
This Contract and Agreanent, made and entered into the fourth day of
February 1987, is hereby amended as follows:
The date of termination of 'iWDB Contract No. 8-483-523 (55-71028) shall be
changed from October 31, 1987, to May 31, 1988, at no additional cost to the
Texas Water Development Board. All other terns and conditions of 'IWDB Contract
fib. 8-483-523 (55-71028) remain in effect.
IN WITNESS WHEREOF the parties he~ryeto~cause this Contract and Agreement to
be duly executed in triplicate this p(7' day of _ 19~'.
TEXAS WATER DEVELOR7ENT BOARD
By:
M. eg n n d II
Executive Pdministrator
Date: 7' ~L'08
CITY OF DENTON
~, ~ n~Y
Ray Ste ns
Mayor
Date: ~_Z7~~~"