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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~~~"