Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, September 13, 2021 9:00 AM Council Chambers REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD Citizens will also be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card – On September 9, 2021, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to members of the Public Utilities Board and recorded by the Secretary. Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Chair will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR • By phone – Citizens wishing to speak over the phone during this meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Chair. When the call is initially received, a staff member will receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Chair will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting agenda item. Individuals will be able to comment once per agenda item, no matter the method. After determining that a quorum is present, the Public Utilities Board of the City of Denton, Texas will convene in a Regular Meeting on Monday, September 13, 2021, at 9:00 a.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PRESENTATIONS FROM MEMBERS OF THE PUBLIC Page 1 Printed on 9/9/2021 Public Utilities Board Meeting Agenda September 13, 2021 This section of the agenda permits a person to make comments regarding public business on items as listed on the agenda. Each speaker will be allowed a maximum of four (4) minutes. Such person(s) shall have registered under the REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD detailed at the beginning of this agenda. Registration is required prior to the time this agenda item is read into the record. 2. CONSENT AGENDA Each of the items on the Consent Agenda is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his designee, to implement each item in accordance with the Staff recommendations. The Public Utilities Board has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved for payment or other action under the Consent Agenda (Agenda Items A – J). This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – J below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. PUB21-170 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Power Purchase Agreement between the City and O’Reilly Hotel Partners - Denton, LLC., a Missouri limited liability corporation; providing for expenditure of funds; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance B. PUB21-175 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with NTS Mikedon dba National Trench Safety, LLC, for the rental of trench and confined space entry safety equipment for the Water Distribution, Wastewater Collections, and Drainage Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7653 - awarded to NTS Mikedon dba National Trench Safety, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $350,000.00). Attachments: Exhibit 1 - Agenda Information Sheet - PUB Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract C. PUB21-176 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Robert Wyatt Contracting, LLC, for the demolition, removal, and cleanup of two (2) commercial buildings located on the proposed Eagle Substation site for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date Page 2 Printed on 9/9/2021 Public Utilities Board Meeting Agenda September 13, 2021 (IFB 7731 - awarded to Robert Wyatt Contracting, LLC, in the not-to-exceed amount of $326,968.78). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Project Drawings Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract D. PUB21-177 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Dallas Lite and Barricade, Inc., for the rental of barricades to be used throughout the City by various departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7741 - awarded to Dallas Lite and Barricade, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,050,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract E. PUB21-178 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Cintas Corporation No. 2, through the Omnia Partners Cooperative Purchasing Network Contract # R-BB-19002, for uniform and accessories rental for all City of Denton Departments; providing for the expenditure of funds therefor; and providing an effective date (File 7738 - awarded to Cintas Corporation No. 2, in the three (3) year, with the option for three (3) additional one (1) year extensions, in the total six (6) year not-to-exceed amount of $2,153,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract F. PUB21-180 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with C&H Sales and Services Company, Inc., to collect oil and SF6 gas samples from transformers and breakers to be sent to a lab to be tested for Denton Municipal Electric, Proposal Pricing Lines 10-13; providing for the expenditure of funds therefor; and providing an effective date (RFP 7674 - awarded to C&H Sales and Services Company, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $483,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract G. PUB21-181 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with TransFluid Services, Inc., to replace transformer bushing insulators, perform on-load tap Page 3 Printed on 9/9/2021 Public Utilities Board Meeting Agenda September 13, 2021 changer (LTC) maintenance, transformer testing, and replacement of breakers or transformers when needed for the City of Denton, Proposal Pricing Lines 1-9 and 14-17; providing for the expenditure of funds therefor; and providing an effective date (RFP 7674 - awarded to TransFluid Services, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $750,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract H. PUB21-182 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Open Systems International, Inc., for the renewal of maintenance, support, and upgrade services of OSI Monarch for Denton Municipal Electric, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000 shall be awarded by the governing body; providing for the expenditure of funds therefor; and providing an effective date (File 7718 - awarded to Open Systems International, Inc., in the five (5) year not-to-exceed amount of $1,500,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract I. PUB21-183 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fifth amendment to a Professional Services Agreement between the City of Denton and Peak Program Value, LLC, amending the contract approved by City Council on October 13, 2020, in the not-to-exceed amount of $696,074.00; amended by Amendments 1-4 approved by Purchasing and City Council; said fifth amendment to provide preconstruction and construction management services for the Solid Waste Fleet Maintenance Shop in the expenditure amount of $221,567.00, Denton Municipal Electric Renovation in the expenditure amount of $271,189.00, and Pre-Construction Estimation Services in the expenditure amount of $47,500.00; providing for the expenditure of funds therefor; and providing an effective date (File 7425 - providing for an additional fifth amendment expenditure amount not-to-exceed $540,256.00, with the total contract amount not-to-exceed $1,782,016.00). Page 4 Printed on 9/9/2021 Public Utilities Board Meeting Agenda September 13, 2021 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Amendment 1 Exhibit 4 - Amendment 2 Exhibit 5 - Ordinance and Amendment 3 Exhibit 6 - Amendment 4 Exhibit 7 - LLC Members Exhibit 8 - Ordinance and Amendment 5 J. PUB21-185 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Stuart C. Irby Company, for the Di-Electric Testing of Live-Line Tools and Grounding Equipment for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7715 - awarded to Stuart C. Irby Company, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $150,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB21-188 Consider approval of the August 23, 2021 minutes. Attachments: 8.23.21 PUB Minutes B. PUB21-179 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Classic Chevrolet, Inc., for the supply of light duty vehicles which include sedans, passenger vans, pickup trucks, hybrid, and electric vehicles for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7661 - awarded to Classic Chevrolet, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $6,000,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Ordinance and Contract C. PUB21-186 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Primoris T&D Services, LLC., to perform normal and emergency operating, maintenance, and construction work on the overhead electric distribution system for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7725 - awarded to Primoris T&D Services, LLC., in the five (5) year not-to-exceed amount of $15,000,000.00). Page 5 Printed on 9/9/2021 Public Utilities Board Meeting Agenda September 13, 2021 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Presentation Exhibit 4 - Ordinance and Contract D. PUB21-187 Consider recommending approval of an ordinance of the City of Denton amending the City’s fund balance policy related to the utility fund reserve levels; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance E. PUB21-189 Management Reports 1. Future Agenda Items 2. New Business Action Items Attachments: 1. Future Agenda Items 2. New Business Action Items 4. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Public Utilities Board or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Following the completion of the Regular Meeting, the Public Utilities Board will convene in a Closed Meeting at which the following items will be considered: CLOSED MEETING A. PUB21-166 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive competitive and financial public power information from staff related to a Power Purchase Agreement between the City of Denton and O’Reilly Hotel Partners - Denton, a Missouri Limited Liability Corporation, regarding the sale and purchase of power and electric energy services; discuss and deliberate actions regarding the same. Consultation with the City’s attorneys regarding legal issues associated with the above matters where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal Page 6 Printed on 9/9/2021 Public Utilities Board Meeting Agenda September 13, 2021 position in any administrative proceeding or potential litigation. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final action, decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (The ‘Public Power Exception’). The Public Utilities Board reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its Open Meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Section 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on September 9, 2021, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 7 Printed on 9/9/2021