Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, December 12, 2022 9:00 AM Council Work Session Room REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD Citizens will also be able to participate in the following way (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.): • eComment – The agenda was posted online at https://tx-denton.civicplus.com/242/ Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the Public Utilities Board immediately upon submission and recorded by the Secretary into the Minutes of the Meeting. 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, December 12, 2022, at 9:00 a.m. in the Council Work Session Room 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 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 City Manager or 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 – P). 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, the Consent Agenda Items 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. Page 1 Printed on 12/8/2022 Public Utilities Board Meeting Agenda December 12, 2022 A. PUB22-194 Consider recommending adoption of an ordinance approving a joint funding agreement (“agreement”) for Water Resource Investigations by and between The City of Denton and the United States Geological Survey (USGS) related to continued support of the Hickory Creek Streamflow Station in the amount of $5,100.00 (agreement number: 23SJJFATX161000); authorizing the City Manager to execute and deliver the agreement authorizing the expenditure of funds therefor; providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Contract and Agreement Exhibit 3 - Ordinance B. PUB22-198 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fourth amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., amending the contract approved by the City Council on January 14, 2020, in the not-to-exceed amount of $1,398,600.00; amended by Amendments 1 - 3 approved by Purchasing and City Council; said fourth amendment to provide additional design engineer services and construction administration services in support of the Northwest Booster Pump Station and Water Transmission Main project; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-081 - providing for an additional fourth amendment expenditure amount not-to-exceed $100,000.00, with the total contract amount not-to-exceed $1,905,900.00). Attachments: Exhibit 1 - Agenda Information Sheet - PUB Exhibit 2 - Original Ordinance, Contract, and Amendments Exhibit 3 - Ordinance and Amendment 4 C. PUB22-199 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Black and Veatch Corporation, to provide detailed design, engineering, and project management for the Denton Energy Center (DEC) Winterization; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7804-007 - Professional Services Agreement for professional services awarded to Black and Veatch Corporation, in the not-to-exceed amount of $257,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract D. PUB22-200 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 Schneider Electric Smart Grid Solutions, LLC, for the configuration and implementation of Arc FM Designer XI (DXI) for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (RFP 7817 - awarded to Schneider Electric Smart Grid Solutions, LLC, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $683,277.00). Page 2 Printed on 12/8/2022 Public Utilities Board Meeting Agenda December 12, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract E. PUB22-203 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Weaver Consultants Group, LLC, to provide professional services for the Operations and Maintenance of the Landfill Gas Collection and Control System (GCCS) at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7109-029 - Professional Services Agreement for professional services awarded to Weaver Consultants Group, LLC, in the not-to-exceed amount of $52,200.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract F. PUB22-204 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified professional services list of state certified engineers for substation and transmission line engineering for various projects for Denton Municipal Electric; and providing an effective date (RFQ 8031-1 - for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year term). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance G. PUB22-205 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 Harden Cabinets, LLC, for scrap utility pole disposal for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 8065 - awarded to Harden Cabinets, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year term). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract H. PUB22-206 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under RFP 8100, for Utility Scale Solar and/or Wind Energy for Denton Municipal Electric; and providing an effective date (File 8100). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Page 3 Printed on 12/8/2022 Public Utilities Board Meeting Agenda December 12, 2022 I. PUB22-207 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 2 to the contract between the City of Denton and Jagoe-Public Company, for additional work to the Hickory Creek Road Widening Project; providing for the expenditure of funds therefor; and providing an effective date (File 6903 - Change Order No. 2 in the not-to-exceed amount of $390,997.80, for a total contract award aggregated to $5,879,828.30). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Change Order 1 Exhibit 4 - Ordinance and Change Order 2 J. PUB22-208 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for the emergency purchase of electric utility transformers for Denton Municipal Electric; and providing an effective date (File 8167 - awarded to Anixter Wesco Distributing, in the not-to-exceed amount of $560,475.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Declaration of Emergency Exhibit 3 - Ordinance K. PUB22-209 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for the emergency purchase of rebuilt electric utility transformers for Denton Municipal Electric; and providing an effective date (File 8169 - awarded to Solomon Corporation, in the not-to-exceed amount of $170,700.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Declaration of Emergency Exhibit 3 - Ordinance L. PUB22-210 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and John Hoggard dba Utility Planning Network (UPN), amending the contract approved by the City Council on January 12, 2021, in the not-to-exceed amount of $200,000.00; said first amendment to provide project management and consulting services for development of a customer relationship management system and 311 contact center implementation for the Customer Service Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7485 - providing for an additional first amendment expenditure amount not-to-exceed $150,000.00, with the total contract amount not-to-exceed $350,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 Page 4 Printed on 12/8/2022 Public Utilities Board Meeting Agenda December 12, 2022 M. PUB22-211 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 Last Chance Redi-Mix LLC, for the disposal of spoil materials resulting from internal City construction and maintenance for multiple departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 8115 - awarded to Last Chance Redi-Mix 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 $1,470,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract N. PUB22-212 Consider recommending adoption of an ordinance of the City of Denton authorizing the City Manager to execute a contract of sale between the City of Denton, as buyer, and Burch Family Farm Ltd (referred to herein as “seller”), for the purchase of approximately 400 acres of land, more or less, for the purpose of the construction of Waste water Treatment Facility and other public uses, being located in the J. W. Withers Survey, Abstract No. 1343, in the James Severe Survey, Abstract No. 1164, in the BBB & CRR Company Survey, Abstract No. 196, and in the W. M. Roark Survey, Abstract No. 1087, all located in the extraterritorial jurisdiction and County of Denton, Texas, for the purchase price of $7,000,000.00; authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance (Vol.) Exhibit 3 - Presentation O. PUB22-213 Consider recommending adoption of an ordinance of the City of Denton authorizing the execution of a contract of sale between the City of Denton, as buyer, and Mark Hicks Investments, LLC. (referred to herein as “seller”), for the purchase of approximately 40 acres of land for use as a new Solid Waste Transfer Station, being situated in the M. H. Davis Survey, Abstract No. 377, City of Denton, Denton County, Texas, located on Tom Cole Road, for the purchase price of Four Million Three Hundred Fifty-Six Thousand Dollars and no/100 ($4,356,000.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Location Map Exhibit 4 - LLC Member Check P. PUB22-215 Consider recommending adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of land rights in approximately 50.415 acres of land for constructing a Waste Water Treatment Facility, generally located along Country Club Road, situated in the James W. Withers Survey Abstract No. 1343, in the Extra Territorial Jurisdiction of the City and County of Denton, Texas, and more particularly described in the Attached Exhibit “A” (collectively, the “Property Interests”); Page 5 Printed on 12/8/2022 Public Utilities Board Meeting Agenda December 12, 2022 authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interests by agreement, if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the property interests if agreements cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance (Burch ED) Exhibit 3 - Recommended Motion Exhibit 4 - Location Map Exhibit 5 - Presentation 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB22-196 Consider approval of the November 14, 2022 minutes. Attachments: 11.14.22 PUB Minutes B. PUB22-201 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to utilize a contract through the Lower Colorado River Authority Contract Number 5539, for the purchase of 138kV and 345kV high voltage circuit breakers for Denton Municipal Electric; providing the expenditure of funds therefor; and providing an effective date (File 7995 - awarded to Siemens Energy, 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 $2,510,130.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract C. PUB22-202 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 Mountain Cascade of Texas, LLC, for the construction of the Northwest Water Transmission Main Project for the Water/Wastewater Utilities and Capital Projects/Engineering Departments; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7968-002 - awarded to Mountain Cascade of Texas, LLC, in the not-to-exceed amount of $15,614,291.70). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - LLC Members Exhibit 4 - Presentation Exhibit 5 - Ordinance and Contract D. PUB22-197 Management Reports 1. Electric Denton Energy Center August 2022 Dashboard 2. Water Utilities Annual Payments 3. Future Agenda Items Page 6 Printed on 12/8/2022 Public Utilities Board Meeting Agenda December 12, 2022 4. New Business Action Items Attachments: 1. Electric Denton Energy Center August 2022 Dashboard 2. Water Utilities Annual Payment Report 3. Future Agenda Items 4. 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 Work Session at which the following items will be considered: WORK SESSION A. PUB22-195 Receive a report, hold a discussion, and give staff direction on the development of a Comprehensive Diversion Ordinance for the City of Denton. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on December 8, 2022, 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 12/8/2022