Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, April 10, 2023 9:00 AM Council Work Session Room REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD Citizens will be able to participate in the following way: • 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 Closed Meeting on Monday, April 10, 2023, 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: CLOSED MEETING A. PUB23-071 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 TT of Denton, Inc., (Toyota of Denton) a Texas 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 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. Page 1 Printed on 4/7/2023 Public Utilities Board Meeting Agenda April 10, 2023 Following the completion of the Closed Meeting, the Public Utilities Board will convene in a Regular Meeting 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 – G). 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. A. PUB23-063 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 Kimley-Horn and Associates, Inc., for the Wastewater Lift Station Condition Assessment Project for the Water Utilities Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-024 - Professional Services Agreement for assessment services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $460,000.00). Attachments: Exhibit 1 - Agenda Information Sheet - PUB Exhibit 2 - Ordinance and Contract B. PUB23-064 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 Kimley-Horn and Associates, Inc., for asset inventory, prioritization, condition assessment, and risk analysis with recommendations for the Pecan Creek Water Reclamation Plant Condition Assessment Project for the Water Utilities Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-026 - Professional Services Agreement for professional services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $330,000.00). Page 2 Printed on 4/7/2023 Public Utilities Board Meeting Agenda April 10, 2023 Attachments: Exhibit 1 - Agenda Information Sheet - PUB Exhibit 2 - Ordinance and Contract C. PUB23-065 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 8138 for general Substation Construction and Site Preparation services; and providing an effective date (RFP 8138). Attachments: Exhibit 1 - Agenda Information Sheet - PUB Exhibit 2 - Ordinance D. PUB23-066 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Freese & Nichols, Inc., amending the contract approved by the City Council on September 22, 2020, in the not-to-exceed amount of $1,472,700.00; amended by Amendments 1 and 2 approved by City Council; said third amendment to provide additional professional, construction, and bid phase services for the Lake Ray Roberts Water Treatment Plant Capacity Uprate, Regulatory and Performance Upgrade Project; providing for the expenditure of funds therefor; and providing an effective date (File 6590-093 - providing for an additional third amendment expenditure amount not-to-exceed $95,060.00, with the total contract amount not-to-exceed $3,701,547.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 Exhibit 4 - Ordinance and Amendment 2 Exhibit 5 - Ordinance and Amendment 3 E. PUB23-067 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to increase the spend authority with Grid Training Corporation dba Northwest Lineman College, for lineman apprentice training, electrical safety courses, and lineman journeyman continuous improvement safety training for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 8172 - awarded to Grid Training Corporation dba Northwest Lineman College, providing for an additional expenditure amount not-to-exceed $1,150,000.00, with the total contract amount not-to-exceed $1,250,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Contract Exhibit 3 - City Manager Approval Exhibit 4 - Pricing Information Exhibit 5 - Ordinance F. PUB23-072 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 Page 3 Printed on 4/7/2023 Public Utilities Board Meeting Agenda April 10, 2023 Purchase Agreement between the City and TT of Denton, Inc., (Toyota of Denton) a Texas corporation; providing for the expenditure of funds; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance & Agreement REDACTED G. PUB23-077 Consider recommending adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Lake Cities Municipal Utility Authority (LCMUA) for the construction of an eight-inch (8”) potable water line to provide service to the City of Denton Lake Lewisville Raw Water Pump Station. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Interlocal Agreement 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB23-075 Consider approval of the March 27, 2023 minutes. Attachments: 3.27.23 PUB Minutes B. PUB23-076 Management Report 1. Electric Denton Energy Center January 2023 Year to Date Financials 2. Purchase of Property near the Hickory Creek Wastewater Detention Facility 3. Future Agenda Items 4. New Business Action Items Attachments: 1. Electric DEC January 2023 Year to Date Financials 2. Purchase of Property near the Hickory Creek Wastewater Detention Facility 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. CERTIFICATE Page 4 Printed on 4/7/2023 Public Utilities Board Meeting Agenda April 10, 2023 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 April 6, 2023, 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. 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