NORTH TEXAS MUNICIPAL WATER DISTRICT 501 E. Brown Street • Wylie, Texas 75098 (972) 442-5405 – Phone • (972) 295-6440 – Fax
TO: BOARD OF DIRECTORS
FROM: THOMAS W. KULA, EXECUTIVE DIRECTOR
DATE: FEBRUARY 16, 2017
SUBJECT: REGULAR MEETING – THURSDAY, FEBRUARY 23, 2017
I. FEBRUARY COMMITTEE MEETINGS
The following Committee meetings will be held in February 2017:
Wastewater Committee – Tuesday, February 21, 2017, 3:00 p.m. Policy Committee – Thursday, February 23, 2017, 1:00 p.m. Finance/Audit Committee – Thursday, February 23, 2017, 2:30 p.m.
II. FINANCIAL REPORTS
The following report is enclosed with the January 2017 Board packet for your reference:
NTMWD Financial Statements for the Month Ended January 31, 2017
III. STRATEGIC PLAN HIGHLIGHT: Goal 1 – Provide Superior Water, Wastewater, and Solid Waste Services Today
One of the greatest responsibilities of the North Texas Municipal Water District is to produce and maintain safe drinking water for the more than 1.6 million North Texans we serve. In the 2017 Strategic Plan, the first objective under Goal 1 – Provide Superior Water, Wastewater and Solid Waste Services Today is to “Improve water quality by implementing new technologies and processes.” The District has always made it a goal to meet all federal and state regulatory standards. Given the complexity, size of our system and resources available, maintaining these standards has required constant vigilance. We continuously monitor and test an average of 685 samples every day to ensure drinking water meets or exceeds regulatory, health and aesthetic standards set by the Texas Commission on Environmental Quality (TCEQ), the U.S. Environmental Protection Agency and the Safe Drinking Water Act.
Regulatory requirements continue to be a significant driving force behind a number of projects undertaken at the Wylie Water Treatment Plant (WTP). The potential benefit of these projects is not only limited to meeting those regulatory requirements. In recent MEMORANDUM TO BOARD OF DIRECTORS FEBRUARY 16, 2017 PAGE 2
years, we have embarked on operational efforts to improve water quality and exceed the standards legally mandated. By leveraging the improvements made at the Wylie WTP, we are reaching the highest level of water quality recognized in the State of Texas without the need for additional new infrastructure. Through our efforts, the District has sought recognition by TCEQ under their Texas Optimization Program for Surface Water Treatment Plants (TOP).
TOP is a voluntary, non-regulatory program that helps dramatically improve the performance of the existing surface water treatment plant without major capital improvements. The underlying mission of the TOP is to protect public health. Optimization is an ongoing process that involves: Setting performance targets for each major treatment unit in the surface water treatment plant, Monitoring the performance of each of the major treatment units, Analyzing the data to determine if each unit is achieving the desired performance level, and Taking corrective action if the performance objectives are not being met.
Only twelve plants in the State of Texas have received recognition under this program. While the standard is high, the benefit of producing superior water for North Texans is immeasurable.
NTMWD has enrolled in the program and is seeking recognition for Plant 4 at the Wylie Plant. Over the next few months, we will be monitoring and analyzing our processes to meet the following requirements: a settled water turbidity of 2.0 NTU or less on a continuous basis (no minimum regulatory requirement); a turbidity goal of 0.10 NTU or less at the discharge of each filter with TOPS criteria including no reading above 0.5 NTU, 99% of an individual filter’s readings of 0.30 NTU or less, 90% of an individual filter’s readings of 0.10 NTU or less, 95% of the total readings from all the filters at or below 0.10 NTU. (minimum regulatory compliance requires 1.0 NTU or less at the discharge of each individual filter with 95% of the combined filter discharge readings at an average of .30 NTU or less); a maximum turbidity spike of 0.3 NTU following the filter backwash (minimum regulatory compliance requires 1.0 NTU or less not to exceed 1.0 NTU for two consecutive 15 minute readings); and re-establishing a filtered water turbidity of 0.10 NTU within 30 minutes after returning the clean filter to service (minimum regulatory compliance requires 0.5 NTU or below within 4 hours of return to service).
Shifting our sights from simply providing the standard level of water quality to a superior quality will require additional efforts over the coming years. Some future steps include implementing TOP standards at the other water plants and completing the automation of our flow-paced chemical addition processes.
NORTH TEXAS MUNICIPAL WATER DISTRICT 501 E. Brown Street • Wylie, Texas 75098 (972) 442-5405 – Phone • (972) 295-6440 – Fax
BOARD OF DIRECTORS REGULAR MEETING THURSDAY, FEBRUARY 23, 2017 4:00 P.M.
Notice is hereby given pursuant to V.T.C.A., Government Code, Chapter 551, that the Board of Directors of North Texas Municipal Water District will hold a regular meeting, open to the public, on Thursday, February 23, 2017, at 4:00 p.m., at the NTMWD Administrative Offices, 501 E. Brown Street, Wylie, Texas.
The Board of Directors is authorized by the Texas Open Meetings Act to convene in closed or executive session for certain purposes. These purposes include receiving legal advice from its attorney (Section 551.071); discussing real property matters (Section 551.072); discussing gifts and donations (Section 551.073); discussing personnel matters (Section 551.074); or discussing security personnel or devices (Section 551.076). If the Board of Directors determines to go into executive session on any item on this agenda, the Presiding Officer will announce that an executive session will be held and will identify the item to be discussed and provision of the Open Meetings Act that authorizes the closed or executive session.
AGENDA1
I. CALL TO ORDER
II. INVOCATION – DIRECTOR CHARLES McKISSICK
III. PLEDGE OF ALLEGIANCE
IV. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG
V. ANNOUNCEMENT OF QUORUM
VI. PUBLIC COMMENTS
The Board of Directors allows individuals to speak to the Board. Prior to the meeting, speakers must complete and submit a “Public Comment Registration Form.” The time limit is five (5) minutes per speaker, not to exceed a total of thirty (30) minutes for all speakers. The Board may not discuss these items, but may respond with factual or policy information.
______1Persons with disabilities who plan to attend the NTMWD Board of Directors meeting and who may need auxiliary aids or services are requested to contact John Montgomery in the NTMWD Administrative Offices at (972) 442-5405 as soon as possible. All reasonable efforts will be taken to make the appropriate arrangements.
AGENDA – FEBRUARY 23, 2017 PAGE 2
VII. OPENING REMARKS
A. Presentations of awards, recognitions, achievements, etc., of the District, Board members, and staff
B. President’s Remarks concerning current events, conduct of meeting, posted agenda items, committee assignments, and related matters
C. Executive Director’s Status Report concerning legislation and regulatory matters, budgets, current projects and ongoing programs of the District including the Regional Water System, Regional Wastewater System, Regional Solid Waste System, Watershed Protection, and Water Conservation
VIII. CONSENT AGENDA ITEMS
The Consent Agenda allows the Board of Directors to approve all routine, noncontroversial items with a single motion, without the need for discussion by the entire Board. Any item may be removed from consent and considered individually upon request of a Board member or NTMWD staff member.
A. Consider Approval of Board of Directors Regular Meeting Minutes – January 26, 2017 (Please refer to Consent Agenda Item No. 17-02-01)
B. Consider Approval of Board of Directors Work Session Meeting Minutes – January 20, 2017 (Please refer to Consent Agenda Item No. 17-02-02)
C. Consider Approval of Monthly Construction Report – January 2017 (Please refer to Consent Agenda Item No. 17-02-03)
D. Consider Authorizing Additional Engineering Services and Ratification of Actions by Executive Director on Project No. 501-0295-12, Upper Rowlett Creek and Upper Cottonwood Creek Lift Station Improvements (Please refer to Consent Agenda Item No. 17-02-04)
E. Consider Authorizing Additional Engineering Services on Project No. 301-0400- 15, South Mesquite Creek Regional Wastewater Treatment Plant 2015 SCADA Improvements (Please refer to Consent Agenda Item No. 17-02-05)
F. Consider Authorizing Execution of Revised Agreement with Fannin County Electric Cooperative on Project No. 101-0362-14, Lower Bois d’Arc Creek Reservoir Preconstruction Electric Utility Work with Fannin Electric Cooperative (Please refer to Consent Agenda Item No. 17-02-06)
AGENDA – FEBRUARY 23, 2017 PAGE 3
IX. AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider Authorizing Appointment of Auditors for 2016-2017 (Please refer to Administrative Memorandum No. 4811)
B. Consider Adoption of Resolution No. 17-07 Authorizing Pursuit of Legal Remedies in Response to Petition Appealing Wholesale Water Rates Filed by Cities of Garland, Mesquite, Plano, and Richardson before the Public Utility Commission of Texas and Authorizing Funding Related to Response (Please refer to Administrative Memorandum No. 4812)
C. Consider Authorizing Execution of Confidentiality Agreement and Framework for Continued Member City Discussions (Please refer to Administrative Memorandum No. 4813)
D. Consider Authorizing Additional Funding to Retain Consultants to Assist with Possible Amendment to the Regional Water Supply Facilities Amendatory Contract to Address the Contract’s Rate Methodology (Please refer to Administrative Memorandum No. 4814)
E. Consider Authorizing Execution of Professional Services Agreement on Project No. 101-0387-15, Wylie Water Treatment Plant IV, 70 MGD Expansion to 210 MGD (Please refer to Administrative Memorandum No. 4815)
F. Consider Authorizing Change Order No. 8 on Project No. 101-0330-13, Wylie Water Treatment Plant II Clearwell and Disinfection Modifications (Please refer to Administrative Memorandum No. 4816)
G. Consider Authorizing Change Order No. 3 on Project No. 101-0354-14 Wylie Water Treatment Plant Chemical Systems Improvements, Phase 2 (Please refer to Administrative Memorandum No. 4817)
H. Consider Authorizing Change Order No. 5 on Project No. 101-0321-13, Expansion of Raw Water Pump Station No. 3 to 620 MGD (Please refer to Administrative Memorandum No. 4818)
I. Consider Authorizing Additional Engineering Services on Project No. 101-0352- 14, Water Treatment Plant Water System Operations Center (Please refer to Administrative Memorandum No. 4819)
J. Consider Authorizing Award of Construction Contract on Project No. 101-0419-16, Casa View Pump Station Electrical and Site Improvements (Please refer to Administrative Memorandum No. 4820)
AGENDA – FEBRUARY 23, 2017 PAGE 4
K. Consider Adoption of Resolution No. 17-09 Authorizing Intent to Convey Property to Rayburn Country Electric Cooperative for Electric Transmission Facilities and to Fannin County Electric Cooperative for Electric Substations (Please refer to Administrative Memorandum No. 4821)
L. Consider Adoption of Resolution No. 17-08 Authorizing Filing of Water Right Amendment Applications Regarding Lower Bois d’Arc Creek Reservoir Mitigation, Project No. 101-0452-17 (Please refer to Administrative Memorandum No. 4822)
M. Consider Authorizing Change Order No. 6 on Project No. 309-0252-11, Stewart Creek West Wastewater Treatment Plant Expansion to 10 MGD (Please refer to Administrative Memorandum No. 4823)
N. Consider Authorizing Change Order No. 10 on Project No. 501-0295-12, Upper Rowlett Creek and Upper Cottonwood Creek Lift Station Improvements (Please refer to Administrative Memorandum No. 4824)
O. Consider Authorizing Execution of Engineering Services Agreement on Project No. 501-0453-17, Indian Creek Lift Station No. 2 (Please refer to Administrative Memorandum No. 4825)
P. Consider Authorizing Execution of Engineering Services Agreement on Project No. 501-0454-17, Indian Creek Force Main No. 2 (Please refer to Administrative Memorandum No. 4826)
Q. Consider Authorizing Award of Construction Contract on Project No. 501-0319-13, Lower Rowlett Creek and Lower Cottonwood Creek Lift Station Improvements and Project No. 301-0328-13, Rowlett Creek Regional Wastewater Treatment Plant Peak Flow Management Improvements, Phase 1 (Please refer to Administrative Memorandum No. 4827)
S. TABLED ITEM: Consider Adoption of Resolution No. 15-31 Approving a Protocol for Conducting Meetings Among the Governing Bodies and Executive Staff of NTMWD’s Member Cities to Address Matters of Common Concern to Member Cities (Please refer to Administrative Memorandum No. 4515-8)
X. DISCUSSION ITEMS
A. Opportunity for Board Members to Request Potential Future Agenda Items (No substantive discussion of items will take place at this time)
XI. ADJOURNMENT
NORTH TEXAS MUNICIPAL WATER DISTRICT 501 E. Brown Street • Wylie, Texas 75098 (972) 442-5405 – Phone • (972) 295-6440 – Fax
MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS JANUARY 26, 2017
The North Texas Municipal Water District Board of Directors met in Regular meeting on Thursday, January 26, 2017, at 4:00 p.m. in the NTMWD Administrative Offices located at 501 E. Brown Street, Wylie, Texas. Notice of the meeting was legally posted in accordance with Government Code, Title 551, Open Meetings.
I. CALL TO ORDER
President Terry Sam Anderson called the meeting to order at approximately 4:00 p.m.
II. INVOCATION
Director Wayne May offered the invocation.
III. PLEDGE OF ALLEGIANCE
Secretary John Sweeden led the Board of Directors in the Pledge of Allegiance.
IV. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG
Secretary John Sweeden led the Board of Directors in the Pledge of Allegiance to the Texas Flag.
V. ANNOUNCEMENT OF QUORUM
Secretary John Sweeden announced a quorum was present. Directors Don Cates and Bobby Robinson were absent.
The following Directors were present for the January 26, 2017, Regular Board meeting:
Terry Sam Anderson Jack May Phil Dyer Wayne May Joe Farmer Charles McKissick Bill Forbus Jim Mellody Marvin Fuller John Murphy Bill Glass Larry Parks MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 2
Don Gordon Richard Peasley Rod Hogan Richard Sheehan Joe Joplin Lynn Shuyler James Kerr John Sweeden Bill Lofland Bob Thurmond Michael Lopez
The following NTMWD consultants attended the meeting:
Lewis Isaacks – Gay McCall Isaacks & Roberts Lauren Kalisek – Lloyd Gosselink Rochelle & Townsend David Medanich – First Southwest Company Alan Raynor – McCall Parkhurst & Horton Martin Rochelle – Lloyd Gosselink Rochelle & Townsend Mark Walsh – Walsh Saunders & Beard
VI. PUBLIC COMMENTS
There were no registered guests to provide public comments.
VII. OPENING REMARKS
A. Presentations of awards, recognitions, achievements, etc., of the District, Board members, and staff
Assistant Deputy Director Billy George recognized Ted Kilpatrick upon his retirement from the NTMWD.
B. President’s Remarks concerning current events, conduct of meeting, posted agenda items, committee assignments, and related matters
President Terry Sam Anderson provided a health update on Directors Don Cates and Bobby Robinson and Executive Director Tom Kula.
President Terry Sam Anderson advised that Director Larry Parks would be abstaining from voting on Agenda Item Nos. VIII. E., and IX. I.
C. Executive Director’s Status Report concerning legislation and regulatory matters, budgets, current projects and ongoing programs of the District including the Regional Water System, Regional Wastewater System, Regional Solid Waste System, Watershed Protection, and Water Conservation
Assistant Deputy Director Billy George provided an update on the status of blending of Texoma water as well as the upcoming chlorine maintenance.
VIII. CONSENT AGENDA ITEMS
Deputy Director Joe Stankiewicz requested Consent Item No. VIII. C. be removed from the Consent Agenda and considered individually. MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 3
C. Consider Approval of Monthly Construction Report – December 2016 (Please refer to Consent Agenda Item No. 17-01-03)
Deputy Director Joe Stankiewicz advised the Board of Directors that on Item III.a. Solid Waste System, Project No. 401-0394-15, 121 Regional Disposal Facility Compost Processing Facility Expansion, Change Order No. 2, of the Monthly Construction Report the staff is recommending a change in the proposed action to the following: “Authorize Change Order No. 2 in the amount of $35,560 and a reduction of retainage from 5% to 1%.”
Upon a motion by Director Phil Dyer and a second by Director Bill Lofland, the Board approved of the December 2016 Monthly Construction Report with the revised action on Item III.a. Solid Waste System, Project No. 401-0394-15, as listed above with a unanimous vote of the Board of Directors.
Upon a motion by Director Joe Joplin and a second by Director Joe Farmer, the Board of Directors voted unanimously to approve the remaining consent agenda items as follows:
A. Consider Approval of Board of Directors Regular Meeting Minutes – December 15, 2016 (Please refer to Consent Agenda Item No. 17-01-01)
B. Consider Approval of Board of Directors Work Session Minutes – December 15, 2016 (Please refer to Consent Agenda Item No. 17-01-02)
D. Consider Adoption of Resolution No. 17-03 Authorizing Conveyance of Property at the Casa View Ground Storage Tank Site to the City of Dallas, Project No. 101- 0326-13 (Please refer to Consent Agenda Item No. 17-01-04)
E. Consider Authorizing Additional Engineering Services on Project No. 101-0442- 16, North System Air Valve Improvements (Please refer to Consent Agenda Item No. 17-01-05)
F. Consider Authorizing Additional Legal Services on Project No. 101-0374-14, Lower Bois d’Arc Creek Reservoir Program Management (Please refer to Consent Agenda Item No. 17-01-06)
G. Consider Authorizing Additional Engineering Services on Project No. 301-0369- 14, South Mesquite Creek Regional Wastewater Treatment Plant Filter and Ultraviolet Disinfection Improvements (Please refer to Consent Agenda Item No. 17-01-07)
H. Consider Authorizing Additional Engineering Services on Project No. 501-0430- 16, Richardson Spring Creek Trunk Sewer Aerial Crossing, Phase 2 (Please refer to Consent Agenda Item No. 17-01-08)
MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 4
I. Consider Authorizing Additional Engineering Services on Project No. 501-0389- 15, Upper East Fork Interceptor System, Beck Branch Gravity Sewer, Rowlett Creek Crossing Improvements (Please refer to Consent Agenda item No. 17-01-09)
J. Consider Authorizing Change Order No. 6 and Ratification of Actions by Executive Director on Project No. 501-0303-12, Richardson Spring Creek Lift Station Improvements (Please refer to Consent Agenda Item No. 17-01-10)
K. Consider Authorizing Additional Engineering Services on Project No. 301-0328- 13, Rowlett Creek Regional Wastewater Treatment Plant, Peak Flow Management Improvements, Phase 1 (Please refer to Consent Agenda Item No. 17-01-11)
L. Consider Authorizing Additional Legal Services on Project No. 101-0362-14, Lower Bois d’Arc Creek Reservoir Power Supply (Please refer to Consent Agenda Item No. 17-01-12)
IX. AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider Adoption of Resolution No. 17-06 Authorizing Response to Petition Appealing Wholesale Water Rates Filed by Cities of Garland, Mesquite, Plano and Richardson before the Public Utility Commission of Texas and Authorizing Funding Related to Response (Please refer to Administrative Memorandum No. 4793)
Upon the recommendation of the Water Committee, a motion by Director Bill Lofland and a second by Director Lynn Shuyler, the Board of Directors voted unanimously to adopt Resolution No. 17-06 authorizing response to petition appealing wholesale water rates filed by cities of Garland, Mesquite, Plano, and Richardson before the Public Utility Commission of Texas and authorize funding in the amount of $50,000 for legal support services.
B. Consider Authorizing Acceptance of 2015-2016 Annual Audit (Please refer to Administrative Memorandum No. 4794)
President Terry Sam Anderson advised the Board that an Administrative Memorandum No. 4794 had been updated.
Upon the recommendation of the Finance/Audit Committee, a motion by Director Larry Parks and a second by Director John Murphy, the Board of Directors voted unanimously to authorize acceptance of the 2015-2016 Annual Audit Report.
C. Consider Authorizing Additional Funding to Retain Consultants to Assist with Possible Amendment to the Regional Water Supply Facilities Amendatory Contract to Address the Contract’s Rate Methodology (Please refer to Administrative Memorandum No. 4795)
MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 5
Upon a motion by Director Bill Lofland and a second by Director Joe Farmer, the Board of Directors voted unanimously to authorize additional funding in an amount not-to-exceed $17,000 to continue to retain consultants as needed to assist with the possible amendment to the Regional Water Supply Facilities Amendatory Contract to address the contract’s rate methodology.
D. Consider Authorizing Amendment No. 2 to Construction Manager At-Risk Agreement on Project No. 101-0387-15, Wylie Water Treatment Plant IV, 70 MGD Expansion 210 MGD (Please refer to Administrative Memorandum No. 4796)
Upon a motion by Director Joe Joplin and a second by Director Joe Farmer, the Board of Directors voted unanimously to authorize the Executive Director to execute Amendment No. 2 to the Construction Manager At-Risk Agreement with Archer Western Construction, LLC, in the amount of $6,019,518.13 on Project No. 101-0387-15, Wylie Water Treatment Plant IV, 70 MGD Expansion to 210 MGD.
E. Consider Authorizing Award of Construction Contract on Project No. 101-0441-16, Wylie Water Treatment Plant III Filter System Replacements (Please refer to Administrative Memorandum No. 4797)
Upon a motion by Director Don Gordon and a second by Director Phil Dyer, the Board of Directors voted unanimously to authorize award of a construction contract with Red River Construction Company in the amount of $2,039,020 on Project No. 101-0441-16, Wylie Water Treatment Plant III Filter System Replacements.
F. Consider Authorizing Additional Engineering Services and Ratification of Actions by Executive Director on Project No. 101-0099-07, Lake Tawakoni Water Treatment Plant (Please refer to Administrative Memorandum No. 4798)
Upon a motion by Director Joe Farmer and a second by Director James Kerr, the Board of Directors voted unanimously to ratify actions of the Executive Director authorizing additional engineering services on Project No. 101-0099-07 (WCF 07-4), Lake Tawakoni Water Treatment Plant.
G. Consider Authorizing Change Order No. 9 on Project No. 101-0354-14, Wylie Water Treatment Plant Chemical Systems Improvements, Phase IB (Please refer to Administrative Memorandum No. 4799)
Upon a motion by Director Joe Joplin and a second by Director Lynn Shuyler, the Board of Directors voted unanimously to authorize Change Order No. 9 with Pepper Lawson Waterworks, LLC, in the amount of $137,297 on Project No. 101-0354-14, Wylie Water Treatment Plant Chemical Systems Improvements, Phase IB.
MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 6
H. Consider Authorizing Additional Funding for Land Acquisition Program and Adoption of Resolution No. 17-04 Authorizing Purchase of Additional Property Associated with the NTMWD East Fork Raw Water Supply Project Along the Perimeter of the Wetlands , Project No. 101-0446-16 (Please refer to Administrative Memorandum No. 4800)
Upon the recommendation of the Water Committee, a motion by Director Bill Lofland and a second by Director Larry Parks, the Board of Directors voted unanimously to take the following action: (1) authorize an increase in the amount of $350,000 for the land acquisition program required for the operation and maintenance of the East Fork Raw Water Supply Project over and above the amount previously authorized by the Board of Directors in Administrative Memorandum No. 4763 and Resolution No. 16-48; and, (2) Adopt Resolution No. 17-04 authorizing the NTMWD Executive Director to purchase the property associated with the East Fork Raw Water Supply Project (No. 101-0446-16) near Seagoville, Texas, along the perimeter of the wetlands required for its operation, maintenance, and pipeline easements.
I. Consider Authorizing Execution of Engineering Services Agreement on Project No. 101-0449-17, Lake Lavon Dredged Material Disposal Area (Please refer to Administrative Memorandum No. 4801)
Upon a motion by Director Lynn Shuyler and a second by Director John Murphy, the Board of Directors voted unanimously to authorize the Executive Director to execute an engineering services agreement with Freese and Nichols, Inc., in the amount of $93,500 on Project No. 101-0449-17, Lavon Lake Dredged Material Disposal Area.
J. Consider Authorizing Award of Construction Contract on Project No. 101-0332-13, Rockwall to Royse City Pipeline No. 2 and East System Ground Storage Tank, Phase A, 12-inch Rockwall to Royse City Pipeline Adjustments along State Highway 66 (Please refer to Administrative Memorandum No. 4802)
Upon a motion by Director Jim Mellody and a second by Director Larry Parks, the Board of Directors voted unanimously to authorize the award of a construction contract with TLC Pipeline, LLC, in the amount of $156,771 on Project No. 101- 0332-13, Rockwall to Royse City Pipeline No. 2 and East System Ground Storage Tank, Phase A, 12-Inch Rockwall to Royse City Pipeline Adjustments along State Highway 66.
K. Consider Authorizing Award of Construction Manager At-Risk Contract on Project No. 101-0424-16, Lower Bois d’Arc Creek Reservoir Raw Water Pipeline and Project No. 101-0425-16 Treated Water Pipeline from Leonard Water Treatment Plant to McKinney No. 4 (Please refer to Administrative Memorandum No. 4803)
Upon a motion by Director Bill Lofland and a second by Director Michael Lopez, the Board of Directors voted unanimously to authorize award of a Construction MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 7
Manager At-Risk Contract with Garney Companies, Inc., in the amount of $1,565,000 on Project No. 101-0424-16, Lower Bois d’Arc Creek Reservoir Raw Water Pipeline and Project No. 101-0425-16, Treated Water Pipeline from Leonard Water Treatment Plant to McKinney No. 4.
L. Consider Authorizing Execution of Inspection Services Agreement on Project No. 301-0346-13 Wilson Creek Regional Wastewater Treatment Plant, Advanced Treatment and Headworks Improvements (Please refer to Administrative Memorandum No. 4804)
Upon a motion by Director Rod Hogan and a second by Director Wayne May, the Board of Directors voted unanimously to authorize the Executive Director to execute an inspection services agreement with Mbroh Engineering, Inc., in the amount of $64,800 on Project No. 301-0346-13, Wilson Creek Regional Wastewater Treatment Plant Advanced Treatment and Headworks Improvement.
M. Consider Authorizing Additional Engineering Services on Project No. 301-0437- 16, Wilson Creek Regional Wastewater Treatment Plant Expansion to 64 MGD (Please refer to Administrative Memorandum No. 4805)
Assistant Deputy Director Cesar Baptista provided a review of the additional engineering services being requested.
Upon a motion by Director Jack May and a second by Director Lynn Shuyler, the Board of Directors voted unanimously to authorize additional engineering services with Carollo Engineers, Inc., in the amount of $459,900 on Project No. 301-0437- 16, Wilson Creek Regional Wastewater Treatment Plant Expansion to 64 MGD.
N. Consider Authorizing Execution of Electric Services Agreement on Project No. 301-0451-17, Wilson Creek Regional Wastewater Treatment Plant Second Oncor Overhead Electric Power Transmission Line (Please refer to Administrative Memorandum No. 4806)
Upon a motion by Director Lynn Shuyler and a second by Director Joe Farmer, the Board of Directors voted unanimously to authorize the Executive Director to execute an electric services agreement with Oncor Electric Delivery Company, LLC, in the amount of $487,730 on Project No. 301-0451-17, Wilson Creek Regional Wastewater Treatment Plant Second Oncor Overhead Electric Power Transmission Line.
O. Consider Authorizing Execution of Engineering Services Agreement on Project No. 310-0450-17, Muddy Creek Wastewater Treatment Plant Aeration Basin, Odor Control, and Backup Power Improvements (Please refer to Administrative Memorandum No. 4807)
Upon a motion by Director Marvin Fuller and a second by Director Lynn Shuyler, the Board of Directors voted unanimously to authorize the Executive Director to execute an engineering services agreement with Perkins Engineering Consultants, Inc., in the amount of $73,862 on Project No. 310-0450-17, Muddy Creek MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 8
Wastewater Treatment Plant Aeration Basin, Odor Control and Backup Power Improvements.
P. Consider Adoption of Resolution No. 17-02 Rejecting All Bids and Authorizing Rebid for 121 Regional Disposal Facility Gravity Sewer, Leachate Pump Station and Force Main, Project No. 401-0438-16 (Please refer to Administrative Memorandum No. 4808)
Upon a motion by Director Joe Farmer and a second by Director Jack May, the Board of Directors voted unanimously to adopt Resolution No. 17-02 rejecting all bids and authorizing rebid for 121 Regional Disposal Facility Gravity Sewer, Leachate Pump Station and Force Main, Project No. 401-0438-16.
Q. Consider Authorizing Right-of-Way Acquisition Program and Adoption of Resolution No. 17-01 Authorizing the Use of Eminent Domain to Acquire Right-of-Way for the Princeton Parallel Force Main Improvements, Project No. 501-0433-16 (Please refer to Administrative Memorandum No. 4809)
Upon a motion by Director Joe Farmer and a second by Director Joe Joplin, the Board of Directors voted unanimously to authorize the Executive Director to execute a right-of-way acquisition program in the amount of $915,000 and to adopt Resolution No. 17-01 authorizing the use of eminent domain to acquire right-of- way for the Princeton Parallel Force Main Improvements, Project No. 501-0433- 16.
R. Consider Adoption of Resolution No. 17-05 Authorizing Claims to be filed by North Texas Municipal Water District Against SKW Holdings, Ltd., and Other Responsible Parties, Necessary to Protect the Interest of NTMWD as Determined by Legal Counsel, Project No. 101-0297-12, Water System Maintenance Facilities, South Region, Phase 1 (Please refer to Administrative Memorandum No. 4810)
Upon the recommendation of the Water Committee, a motion by Director Bill Lofland and a second by Director Don Gordon, the Board of Directors voted unanimously to authorize legal services on Project No. 101-0297-12, Water System Maintenance Facilities, South Region, Phase 1, in the not-to-exceed amount of $25,000 and to adopt Resolution No. 17-05 authorizing claims to be filed by North Texas Municipal Water District against SKW Holdings, Ltd., and other responsible parties, necessary to protect the interest of NTMWD as determined by legal counsel.
S. TABLED ITEM: Consider Approval of Draft Legislation Amending District’s Enabling Act on Board Governance (Please refer to Administrative Memorandum No. 4792-1)
Upon a motion by Director Lynn Shuyler and a second by Director John Murphy, the Board of Directors voted unanimously to take this item from the table.
MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 9
Martin Rochelle of Lloyd Gosselink Rochelle & Townsend provided an overview of the Board’s consideration of this item, including:
January 2016 – Board of Directors adopted Resolution No. 16-03 authorizing and directing the Executive Director, staff and consultants to request an Attorney General opinion relating to Director appointment and removal and simultaneously initiate and support legislation during the 2017 Legislative Session to amend NTMWD’s Enabling Act to allow for the removal of a Director during his or her unexpired term through action of the appointing Member City Council and to seek the concurrence of the Member Cities on the language of such legislation November 2016 – Legislative Committee met and voted to recommend draft legislation including “at will” language December 2016 – Board of Directors tabled action on the matter, and President Anderson referred the matter back to the Legislative Committee for further consideration January 2017 – Legislative Committee met and voted to recommend draft legislation including “for cause” language
Director John Murphy, Chairman of the Legislative Committee, advised that after much discussion on January 10, 2017, the Legislative Committee voted on both the “at will” and “for cause” proposed language and recommended by a majority vote the “for cause” language.
In response to further questions from Directors, Mr. Rochelle advised that it would be appropriate for the Board to move to executive session to address legal questions from Directors.
The regular session recessed at 4:50 p.m.
President Terry Sam Anderson declared a need for an Executive Session of the Board of Directors to consult with attorneys pursuant to Section 551.071 of the Texas Government Code. The Executive Session was called to order by President Terry Sam Anderson at 4:51 p.m.
The Executive Session adjourned at 5:37 p.m.
The Board of Directors reconvened into regular session at 5:38 p.m.
Members of the Board of Directors discussed their thoughts and concerns on the proposed amendment to the NTMWD’s Enabling Act, which included the desire to move forward with actions outlined in Resolution No. 16-03 adopted in January 2016 as well as the desire not to move forward with actions outlined in Resolution No. 16-03 due to circumstances that have developed since the time of adoption of this Resolution. Such circumstances included the filing of the petition appealing wholesale water rates by the Cities of Garland, Mesquite, Plano and Richardson with the Public Utility Commission of Texas. Several Directors observed that the current governance structure has served the District well for many years and expressed concern that a change would undermine the regional focus of the MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 10
District. Other Directors commented that the legislation would address City concerns that they lack the appropriate level of input at the District. The Directors also discussed legislation already filed by Representative Jeff Leach on this topic.
Director John Murphy expressed a desire to determine whether or not the Board was interested in moving forward with proposed legislation at all prior to consideration of the language options. Director Murphy made a motion that the Board not go forward with the original plan to submit legislation for a change to the NTMWD’s Enabling Act on Board governance. The motion was seconded by Director Joe Joplin and approved by a majority vote of 12 for and 11 against the motion.
Directors voting for the motion to not go forward with the original plan to submit legislation for a change to the NTMWD’s Enabling Act on Board governance included the following:
1. Bill Glass 2. Don Gordon 3. Joe Joplin 4. James Kerr 5. Bill Lofland 6. Michael Lopez 7. Wayne May 8. Charles McKissick 9. Jim Mellody 10. Richard Sheehan 11. Lynn Shuyler 12. Bob Thurmond
Directors voting against the motion to not go forward with the original plan to submit legislation for a change to the NTMWD’s Enabling Act included the following:
1. Terry Sam Anderson 2. Phil Dyer 3. Joe Farmer 4. Bill Forbus 5. Marvin Fuller 6. Rod Hogan 7. Jack May 8. John Murphy 9. Larry Parks 10. Richard Peasley 11. John Sweeden
MINUTES – BOARD OF DIRECTORS JANUARY 26, 2017 PAGE 11
X. DISCUSSION ITEMS
A. Opportunity for Board Members to Request Potential Future Agenda Items (No substantive discussion of items will take place at this time)
There were no requests for potential future Board meeting agenda items; however; Directors requested future Water Committee agenda items related to funding of the cost of the Water Supply Contract review and the Oklahoma/Texas boundary issue.
XI. ADJOURNMENT
There being no further business, the meeting adjourned at approximately 6:20 p.m. The next regular meeting of the NTMWD Board of Directors will be held Thursday, February 23, 2017, at 4:00 p.m. at the North Texas Municipal Water District offices at 501 E. Brown Street, Wylie, Texas.
APPROVED:
______TERRY SAM ANDERSON, President
ATTEST:
______JOHN SWEEDEN, Secretary
(Seal)
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 CONSENT AGENDA ITEM NO. 17-02-03
MONTHLY CONSTRUCTION REPORT
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors approve the Monthly Construction Report in accordance with District Policy No. 40, Board Agenda Policy.
I. CHANGE ORDERS ONLY
WATER SYSTEM a. Project No. 101-0275-11, Chapman Lake Water Access Task B (Dredging), Change Order No. 2
Description Amount Days Original Contract Amount $2,121,930.00 260 Prior Change Order(s) Amount $43,600.00 0 Proposed Change Order No. 2 Time extension due to weather delays and unforeseen site conditions. $0.00 23 Proposed Change Order No. 2 Increase $0.00 23 Revised Contract Amounts $2,165,530.00 283
Original Completion Dates: Substantial – January 3, 2017; Final – March 4, 2017 Revised Completion Dates: Substantial - January 26, 2017; Final – March 27, 2017
No additional funding required for Change Order No. 2 for the 23 additional days to be added to the contract with RLB Contracting, Inc.
b. Project No. 101-0354-14, Phase1B, Wylie WTP Chemical Systems Improvements Phase 1B, Change Order No. 10 Description Amount Days Original Contract Amount $7,869,020.00 338 Prior Change Order(s) Amount $1,055,800.55 292 Proposed Change Order No. 10 Scope transfer to Phase 2 ($18,000.00) Flexbase paving and trench cast iron covers at Clearwell No. 1-3 $6,837.00 Additional transfer pipeline WTP I Sodium hydroxide $27,091.00 Proposed Change Order No. 10 Increase $15,928.00 0 Revised Contract Amounts $8,940,748.55 630 CONSENT AGENDA ITEM NO. 17-02-03 PAGE 2
Original Completion Dates: Substantial – June 20, 2016; Final – August 5, 2016 Revised Completion Dates: Substantial – April 8, 2017; Final – May 24, 2017
Funding in the amount of $15,928.00, for Change Order No. 10 to Pepper Lawson Waterworks, LLC, is available in the Regional Water System 2015 Construction Fund
c. Project No.101-0367-14, Wylie Water Treatment Plants I and II Sludge Handling Improvements, Change Order No. 1
Description Amount Days Original Contract Amount $1,738,000.00 270 Prior Change Order(s) Amount $0.00 Proposed Change Order No. 1 Installation of additional articulated concrete block at west lagoon $6,848.00 0 Replacement of 24-inch x 24-inch x 14-inch flanged reducing tee with a 24-inch ductile iron tee $681.00 0 Proposed Change Order No. 1 Increase $7,529.00 0 Revised Contract Amounts $1,745,529.00 270
Original Completion Dates: Substantial – May 26, 2017; Final – June 25, 2017 Revised Completion Dates: No change.
Funding in the amount of $7,529.00, for Change Order No. 1 to Pepper Lawson Waterworks, LLC, is available in the Regional Water System Capital Improvement Fund
d. Project No.101-0373-14, Lake Chapman Pump Station 2014 Electrical Improvements, Change Order No. 5
Description Amount Days Original Contract Amount $4,258,000.00 275 Prior Change Order(s) Amount $245,283.32 148 Proposed Change Order No. 5 Installation of two oil lube controllers $38,217.45 65 Credit for Additive Alternative 1B 300 KVA Transformer ($39,000.00) Site access road repairs 27 Roof drain repairs 30 Door security improvements 25 Coordination with dredging and pipeline repair projects 51 Proposed Change Order No. 5 (Decrease) ($782.55) 198 Revised Contract Amounts $4,502,500.77 621
Original Completion Dates: Substantial – April 18, 2016; Final – June 2, 2016 CONSENT AGENDA ITEM NO. 17-02-03 PAGE 3
Revised Completion Dates: Substantial – March 30, 2017; Final – May 14, 2017
Funding in the amount of ($782.55), for Change Order No. 5 to Crescent Constructors, Inc., will be credited back to the Regional Water System Capital Improvement Fund
e. Project No. 101-0379-15, NTMWD Technical Services Building Office Addition, Change Order No. 2
Description Amount Days Original Contract Amount $756,796.00 270 Prior Change Order(s) Amount 0.00 19 Proposed Change Order No. 2 Reroute conduit for light poles $966.00 Replace existing sidewalk $2,100.00 3 Credit for electrical changes ($3,309.40) Credit for painting of upper east wall ($450.00) Weather delay days 5 Proposed Change Order No. 2 (Decrease) ($693.40) 8 Revised Contract Amounts $756,102.60 297
Original Completion Dates: Substantial – March 3, 2017; Final – April 2, 2017 Revised Completion Dates: Substantial – March 30, 2017; Final – April 29, 2017
Funding in the amount of ($693.40), for Change Order No. 2 to HCI General Contractors, Inc., will be credited back to the Regional Water System Capital Improvement Fund
f. Project No.101-0410-15, Rockwall No.1 Delivery Point Improvements, Change Order No. 1
Description Amount Days Original Contract Amount $2,401,880.00 270 Prior Change Order(s) Amount $0.00 0 Proposed Change Order No. 1 Replacement of the corroded 12-inch ductile iron pipe and fitting $7,136.11 0 Additional 30-inch flange coupling adapter $11,367.46 0 Proposed Change Order No. 1 Increase $18,503.57 0 Revised Contract Amounts $2,420,383.57 270
Original Completion Dates: Substantial - July 19, 2017; Final – August 18, 2017 Revised Completion Dates: No change.
CONSENT AGENDA ITEM NO. 17-02-03 PAGE 4
Funding in the amount of $18,503.57, for Change Order No. 1 to Red River Construction Company, is available in the Regional Water System Capital Improvement Fund
WASTEWATER SYSTEM a. None
SOLID WASTE SYSTEM a. Project No. 401-0394-15, 121 Regional Disposal Facility Compost Processing Facility Expansion, Change Order No. 3
Description Amount Days Original Contract Amount $3,884,532.00 180 Prior Change Order(s) Amount $51,971.81 30 Proposed Change Order No. 3 Installation of saddle taps at 4 locations along pipeline $4,800.00 Disinfection of approximately 13,000 linear feet (LF) of pipeline $26,000.00 60 Proposed Change Order No. 3 Increase $30,800.00 60 Revised Contract Amounts $3,967,303.81 270
Original Completion Dates: Substantial – November 11, 2016; Final – December 11, 2016 Revised Completion Dates: Substantial – February 9, 2017; Final – March 11, 2017
Funding in the amount of $30,800.00 for Change Order No. 3 to Kodiak Trenching and Boring, LLC, is available in the Regional Solid Waste System 2015 Construction Fund
II. AUTHORIZATION TO ISSUE FINAL PAYMENT ONLY
Work on the following projects is substantially complete with only minor deficiencies remaining. Final payment in the total amounts shown will be made on these projects when completion of all deficiency items is verified.
WATER SYSTEM a. None
WASTEWATER SYSTEM a. None
SOLID WASTE SYSTEM a. None
CONSENT AGENDA ITEM NO. 17-02-03 PAGE 5
III. CHANGE ORDER AND AUTHORIZATION TO ISSUE FINAL PAYMENT
Work on the following projects is substantially complete with only minor deficiencies remaining. Final payment in the total amounts shown will be made on these projects when all work associated with the change order shown on the tabulation shall have been completed and accepted, and completion of all deficiency items is verified.
WATER SYSTEM a. Project No. 101-0364-14, Wylie Water Treatment Plant III Foundation Drain Return Improvements, Change Order No. 2
Description Amount Days Original Contract Amount $672,000.00 365 Prior Change Order(s) Amount $3,106.19 20 Proposed Change Order No. 2 Credit to install rope packing in lieu of injectable packing ($2,222.00) 0 Proposed Change Order No. 2 (Decrease) ($2,222.00) 0 Final Contract Amounts $672,884.19 385
Original Completion Dates: Substantial – September 28, 2016; Final – October 28, 2016 Revised Completion Dates: Substantial – October 18, 2016; Final – November 17, 2016
Funding in the amount of ($2,222.00) for Change Order No. 2 to Red River Construction Company, will be credited back to the Regional Water System Capital Improvement Fund
WASTEWATER SYSTEM a. Project No. 501-0341-13, Renner Road Lift Station Improvements, Change Order No. 6
Description Amount Days Original Contract Amount $1,739,300.00 395 Prior Change Order(s) Amount ($84,276.55) 66 Proposed Change Order No. 6 Additional contract time for inclement weather delays $0 172 Proposed Change Order No. 6 Increase $0 172 Final Contract Amounts $1,655,023.45 633
Original Completion Dates: Substantial – May 12, 2016; Final – June 11, 2016 Revised Completion Dates: Substantial – January 05, 2017; Final – February 4, 2017
No additional funding is requested.
SOLID WASTE SYSTEM a. None NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 CONSENT AGENDA ITEM NO. 17-02-04
UPPER EAST FORK INTERCEPTOR SYSTEM UPPER ROWLETT CREEK AND UPPER COTTONWOOD CREEK LIFT STATION IMPROVEMENTS PROJECT NO. 501-0295-12
ENGINEERING SERVICES AGREEMENT ADDITIONAL SERVICES AND RATIFICATION OF ACTIONS BY EXECUTIVE DIRECTOR
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors authorize additional services to an existing engineering services agreement (ESA) and ratify the actions of the Executive Director as follows:
Consultant: CH2M HILL Engineers, Inc.
Scope: Evaluation and design of a permanent bypass connection at the west force main at the Upper Rowlett Creek Lift Station
Project: No. 501-0295-12, Upper Rowlett Creek and Upper Cottonwood Creek Lift Station Improvements
Amount: $16,600.00
BACKGROUND
PROJECT PURPOSE • The Upper Rowlett Creek Lift Station (Upper Rowlett) and the Upper Cottonwood Creek Lift Station (Upper Cottonwood) were constructed under the same project in 1984. Both lift stations are termination points for major gravity interceptors primarily serving Plano, Allen, and McKinney in the Upper East Fork Interceptor System (UEFIS) and both pump to the Wilson Creek Regional Wastewater Treatment Plant. • The current firm capacities of Upper Rowlett and Upper Cottonwood are 26 million gallons per day (MGD) and 13 MGD, respectively. Projections indicate the need for firm pumping capacity of 56 MGD at Upper Rowlett and 27 MGD at Upper Cottonwood.
ADDITIONAL PROJECT COMPONENTS • A new 36-in knife gate valve will be installed at the Upper Rowlett discharge header as part of this project and requires the lift station to be shut down for up to 12 hours. NTMWD staff performed a test shutdown and determined that due to increased flows within the system in the last four years the lift station can be out of operation for a maximum of four hours, considerably less than allowed for in the specifications. The installation of a permanent bypass connection on the west discharge force main of the Upper Rowlett Creek will allow CONSENT AGENDA ITEM NO. 17-02-04 PAGE 2
for connection of bypass pumping that will allow extended downtime of the station. This connection will also provide for future bypass pumping of the station if necessary.
ADDITIONAL SERVICES • Evaluation of system hydraulics for bypass pumping and preparation of new construction drawings and specifications for the installation of a permanent bypass connection at the Upper Rowlett force main. • These additional services needed to proceed immediately to provide timely input to the contractor and avoid project delays. The extended work described by these additional services is recommended by the Executive Director and NTMWD staff as needed to proceed, and as providing a significant benefit to future operations and maintenance for Wastewater operations.
ENGINEERING SERVICES FEE
DESCRIPTION AMOUNT Original ESA $617,810.00
Prior Additional Services $134,583.00
Proposed Additional Services $16,600.00 Revised ESA Amount $768,993.00
FUNDING
FUND(S): Upper East Fork Interceptor System 2012 Construction Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 CONSENT AGENDA ITEM NO. 17-02-05
REGIONAL WASTEWATER SYSTEM SOUTH MESQUITE CREEK REGIONAL WASTEWATER TREATMENT PLANT 2015 SCADA IMPROVEMENTS PROJECT NO. 301-0400-15
ENGINEERING SERVICES AGREEMENT ADDITIONAL SERVICES
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors ratify the actions of the Executive Director as follows:
Consultant: Gupta and Associates, Inc. (GAI)
Scope: Additional Engineering Services
Project: No. 301-0400-15, South Mesquite Creek Regional Wastewater Treatment Plant 2015 SCADA Improvements
Amount: $20,000.00
BACKGROUND
PROJECT PURPOSE • Completion of full fiber optic backbone ring for South Mesquite Creek Regional Wastewater Treatment Plant (RWWTP). • Elimination of in-plant SCADA radio communication links. • The original bids for Project No. 301-0400-15 were rejected at the September 2016 Board meeting due to the unfavorable bids received for the project. The lowest bid received was 49% higher than the engineer’s estimate.
ADDITIONAL PROJECT COMPONENTS • NTMWD staff requested GAI to revise the original design, streamline the scope of construction without affecting operational performance, and incorporate value engineering through coordination of efforts with the consultant of the South Mesquite Creek RWWTP Filter and Ultraviolet Disinfection Improvements, Project No. 301-0369-14. In this manner, the overall approach to the improvements included in the two projects would synergize common design elements and reduce the overall cost of the required improvements. • GAI completed the redesign effort and the project was rebid in November 2016. The redesign resulted in the low bid in line with the engineer’s estimate, over $1,000,000.00 less than the original low bid amount.
CONSENT AGENDA ITEM NO. 17-02-05 PAGE 2
ENGINEERING SERVICES FEE
Description Amount Original ESA $185,000.00 Prior Additional Services $54,000.00 Proposed Additional Services $20,000.00 Revised ESA Amount $259,000.00
FUNDING
FUND(S): Regional Wastewater System 2015 Construction Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 CONSENT AGENDA ITEM NO. 17-02-06
REGIONAL WATER SYSTEM LOWER BOIS D’ARC CREEK RESERVOIR PRECONSTRUCTION ELECTRIC UTILITY WORK WITH FANNIN COUNTY ELECTRIC COOPERATIVE PROJECT NO. 101-0362-14
AUTHORIZATION TO EXECUTE REVISED AGREEMENT
RECOMMENDATION
The Executive Director, NTMWD staff, and Lloyd Gosselink Rochelle & Townsend, P.C., (Lloyd Gosselink) recommend the Board of Directors authorize the Executive Director to execute a revised agreement as follows:
Electric Service: Fannin County Electric Cooperative (FCEC)
Scope: Power Agreements for the Lower Bois d’Arc Creek Reservoir Raw Water Pump Station (LBCR RWPS), Lake Bonham Dam and Leonard Water Treatment Plant (WTP)
Project: No. 101-0362-14, LBCR Preconstruction Electric Utility Work with Fannin County Electric Cooperative
Amount: $0.00 ($3,454,149.95 was previously approved by the Board)
BACKGROUND
PROJECT PURPOSE • Preconstruction electric utility work to provide electrical power service to the LBCR RWPS and Leonard WTP
COMPONENTS OF PRECONSTRUCTION ELECTRIC UTILITY WORK AGREEMENT WITH FCEC • The Board approved the execution of Power Agreements for LBCR RWPS, Lake Bonham Dam and Leonard WTP at the August 2016 Board Meeting per Administrative Memorandum No. 4709. The agreement consists of design and analysis of six projects defined as follows: o Electric facilities for providing temporary power to the LBCR dam o Electric facilities to relocate three phase power at the Lake Bonham dam o Electric facilities for providing permanent power to the LBCR RWPS and Lake Bonham dam o Three-phase line to provide power to the northern part of the FCEC’s electrical system north of LBCR o Electric facilities for providing temporary power to the Leonard WTP CONSENT AGENDA ITEM NO. 17-02-06 PAGE 2
o Analysis of FCEC’s existing electric system for conflicts with LBCR including development of cost estimates for changes to facilities that may be affected by the LBCR • The power agreement with FCEC mentioned above lists six projects in its description, which was an incomplete description of the scope. Two additional tasks listed below added to the scope above will provide a more complete description of the work to be performed by FCEC under this contract. No additional funding is required because the amount previously authorized by the Board is adequate for the scope of the contract. NTMWD staff is simply providing the Board with a more detailed list of tasks to be performed by FCEC. The title of the agreement was revised to reflect the eight tasks instead of the six tasks listed previously. o Electric facilities for providing permanent power to the Leonard WTP o Project management and oversight by FCEC
Copies of the agreements will be made available to the Board upon request.
FUNDING
FUND(S): No additional funding is requested
NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4811
APPOINTMENT OF AUDITORS FOR 2016-2017
RECOMMENDATION
The Finance/Audit Committee met on January 26, 2017, for discussions with NTMWD staff, and the Committee voted unanimously to recommend to the Board of Directors appointment of Weaver and Tidwell, LLP, for audit services for fiscal year 2017 at a fee not-to-exceed $119,000.
BACKGROUND
On March 6, 2015, the NTMWD staff received proposals from five CPA firms for external audit services for a period of five consecutive years from fiscal year 2015 through 2019. Appointment is subject to annual review and satisfactory negotiation of terms including price acceptable to both NTMWD and the selected firm. NTMWD staff reviewed the proposals with the Finance/Audit Committee, and the Committee approved the recommendation that the Board of Directors appoint Weaver and Tidwell, LLP, for audit services. Based on discussions with staff on January 26, 2017, the Finance/Audit Committee recommends the appointment of Weaver and Tidwell, LLP, for audit services for fiscal year 2017.
NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4812
RESOLUTION AUTHORIZING PURSUIT OF LEGAL REMEDIES IN RESPONSE TO PETITION APPEALING WHOLESALE WATER RATES FILED BY CITIES OF GARLAND, MESQUITE, PLANO AND RICHARDSON BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS
RESOLUTION NO. 17-07
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors:
1. Adopt Resolution No. 17-07 Authorizing Pursuit of Legal Remedies in Response to Petition Appealing Wholesale Water Rates Filed by Cities of Garland, Mesquite, Plano and Richardson Before the Public Utility Commission of Texas.
2. Authorize funding related to response as provided below:
Consultant: Lloyd Gosselink Rochelle & Townsend P.C.
Scope: Legal support services to respond to petition appealing wholesale water rates (Litigation)
Amount: $200,000
BACKGROUND
• Meetings were conducted on March 30, 2016, May 11, 2016, June 29, 2016, August 24, 2016, October 31, 2016, November 11, 2016 and January 31, 2017 with Member Cities, Consultants and the NTMWD to discuss potential opportunities to amend the Regional Water Supply Facilities Amendatory Contract (Contract) to address concerns of several cities regarding the Contract’s rate methodology. • Prior to the January 31, 2017 meeting, the Cities of Garland, Mesquite, Plano and Richardson (Petitioners) filed a petition appealing wholesale rates implemented by NTMWD with the Public Utility Commission of Texas (PUC) on December 14, 2016. • The petition requests the PUC to: o Find that the rates adversely affect the public interest o Remand the matter to the State Office of Administrative Hearings for further evidentiary proceedings on the rates o Set rates and order NTMWD to refund the difference between the rate charged by the District and the rate fixed by the PUC, plus interest, from the date of the petition; and o Grant any such other and further relief to the Petitioners ADMINISTRATIVE MEMORANDUM NO. 4812 PAGE 2
• At its January 2017 meeting, NTMWD Board of Directors authorized staff and legal counsel to respond to the PUC proceeding on behalf of the District. • Additional legal support services in an amount not-to-exceed $200,000 is requested to pursue legal remedies outside of the PUC hearing, including litigation. • The exact amount of legal support services necessary to pursue remedies is unknown at this time. • Additional funding may be requested in the future should the current funding request be insufficient.
FUNDING
FUND(S): Funding in an amount not-to-exceed $200,000 is available in the Regional Water System 2016-17 Operating Budget (Account 101-5310-531410 Legal Services).
NORTH TEXAS MUNICIPAL WATER DISTRICT
RESOLUTION NO. 17-07
A RESOLUTION AUTHORIZING PURSUIT OF LEGAL REMEDIES IN RESPONSE TO PETITION APPEALING WHOLESALE WATER RATES FILED BY CITIES OF GARLAND, MESQUITE, PLANO AND RICHARDSON BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS
WHEREAS, meetings were conducted on March 30, 2016, May 11, 2016, June 29, 2016, August 24, 2016, October 31, 2016, November 11, 2016, and January 31, 2017, with Member Cities, Consultants and the North Texas Municipal Water District (NTMWD) to discuss potential opportunities to amend the Regional Water Supply Facilities Amendatory Contract (Contract) to address concerns of several cities regarding the Contract’s rate methodology; and,
WHEREAS, prior to the January 31, 2017, meeting, the Cities of Garland, Mesquite, Plano and Richardson (Petitioners) filed a petition appealing wholesale rates implemented by NTMWD with the Public Utility Commission of Texas (PUC) on December 14, 2016 (Petition); and,
WHEREAS, the Petition requests the PUC to:
i. Find that the rates adversely affect the public interest ii. Remand the matter to the State Office of Administrative Hearings for further evidentiary proceedings on the rates iii. Set rates and order NTMWD to refund the difference between the rate charged by NTMWD and the rate fixed by the PUC, plus interest, from the date of the petition iv. Grant any such other and further relief to the Petitioners; and,
WHEREAS, at its January 2017 Board meeting, NTMWD Board of Directors authorized staff and legal counsel to respond to the Petition and to take other such appropriate action regarding the Petition, including but not limited to the hiring of additional outside counsel and consultants, participation in the PUC proceeding, and pursuing any additional legal relief as may be required to best protect the District’s interests; and,
WHEREAS, the Petitioners have not agreed to an abatement of the PUC proceedings to allow for additional discussions among the Member Cities; and,
WHEREAS, NTMWD finds it necessary to further specifically authorize the pursuit of other legal remedies in addition to the PUC proceeding.
NOW, THEREFORE, THE BOARD OF DIRECTORS IN A REGULAR MEETING DETERMINES AND RESOLVES THAT:
1. The North Texas Municipal Water District (NTMWD) authorizes its staff and legal counsel, Lloyd Gosselink Rochelle & Townsend, PC (LGRT), to initiate, defend against, and/or join litigation and pursue legal remedies to best protect the District’s interests including, but not limited to, a bond validation proceeding pursuant to RESOLUTION NO. 17-07 PAGE 2
Chapter 1205 of the Government Code, declaratory and injunctive relief, and other related remedies concerning the Petition and Contract.
2. LGRT be authorized to engage such subconsultants as necessary to support its provision of legal services under this Resolution.
3. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all resolutions of the Board of Directors of NTMWD in conflict herewith are hereby amended or repealed to the extent of such conflict.
THIS RESOLUTION ADOPTED BY THE NTMWD BOARD OF DIRECTORS IN A REGULAR MEETING ON FEBRUARY 23, 2017, IN THE ADMINISTRATIVE OFFICES OF THE NTMWD, WYLIE, TEXAS.
______JOHN SWEEDEN, Secretary TERRY SAM ANDERSON, President
(SEAL)
NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4813
AUTHORIZATION OF EXECUTION OF CONFIDENTIALITY AGREEMENT AND FRAMEWORK FOR CONTINUED MEMBER CITY DISCUSSIONS
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors authorize staff and legal counsel to finalize and execute the draft Confidentiality Agreement and Framework for Continued Member City Discussions in substantially the form as provided in Attachment A contingent upon unanimous approval of the document by all the Member Cities; and further provide that the Board President and Executive Director may approve any additional edits requested by and agreed to by all the Member Cities.
BACKGROUND
• Meetings were conducted on March 30, 2016, May 11, 2016, June 29, 2016, August 24, 2016, October 31, 2016, November 11, 2016 and January 31, 2017, with Member Cities, Consultants and the NTMWD to discuss potential opportunities to amend the Regional Water Supply Facilities Amendatory Contract (Contract) to address concerns of several cities regarding the Contract’s rate methodology. • Prior to the January 31, 2017, meeting, the Cities of Garland, Mesquite, Plano and Richardson (Petitioners) filed a petition appealing wholesale rates implemented by NTMWD with the Public Utility Commission of Texas (PUC) on December 14, 2016 (Petition). • At the January 31, 2017 meeting, representatives of the Member Cities expressed an interest in continuing with discussions on potential Contract amendment if such discussions remained confidential in light of the Petition and incorporated other factors that would support the success of such discussions. • At the January 31, 2017 meeting, NTMWD committed to preparing and circulating a written proposed confidentiality agreement and framework for continued discussions, and NTMWD staff circulated a draft agreement and framework to the Member Cities in the form as provided in Attachment A. • NTMWD is still in the process of receiving feedback from the Member Cities on the proposed agreement and framework so additional edits may be requested by the Member Cities before the draft agreement and framework is finalized. • Action on this recommendation would allow the Executive Director and Board President to finalize and execute the draft agreement and framework incorporating any additional edits requested by the Member Cities.
DRAFT: FOR REVIEW ONLY 2/7/17
February __, 2017
The Honorable Stephen Terrell, Mayor The Honorable Harry LaRosiliere, Mayor Mr. Peter Vargas, City Manager Mr. Bruce Glasscock, City Manager City of Allen City of Plano 305 Century Parkway P. O. Box 860358 Allen, Texas 75013 Plano, Texas 75086
The Honorable Diane Piwko, Mayor The Honorable John Mark Caldwell, Mayor Mr. Ben White, City Manager Mr. Derek Borg, City Manager City of Farmersville City of Princeton 205 South Main Street P. O. Box 970 Farmersville, Texas 75442 Princeton, Texas 75407
The Honorable Rick Wilson, Mayor The Honorable Paul Voelker, Mayor Mr. James Fisher, City Manager Mr. Dan Johnson, City Manager City of Forney City of Richardson P. O. Box 826 P. O. Box 830309 Forney, Texas 75126 Richardson, Texas 75083
The Honorable Maher Maso, Mayor The Honorable Jim Pruitt, Mayor Mr. George Purefoy, City Manager Mr. Rick Crowley, City Manager City of Frisco City of Rockwall 6101 Frisco Square Boulevard 385 S. Goliad Frisco, Texas 75034 Rockwall, Texas 75087
The Honorable Douglas Athas, Mayor The Honorable Janet Nichol, Mayor Mr. Bryan Bradford, City Manager Mr. Carl Alsabrook, City Manager City of Garland City of Royse City P. O. Box 469002 305 N. Arch Street Garland, Texas 75046 Royse City, Texas 75189
The Honorable Brian Loughmiller, Mayor The Honorable Eric Hogue, Mayor Mr. Paul Grimes, City Manager Mrs. Mindy Manson, City Manager City of McKinney City of Wylie P. O. Box 517 300 Country Club Road McKinney, Texas 75069 Wylie, Texas 75098
The Honorable Stan Pickett, Mayor Mr. Cliff Keheley, City Manager City of Mesquite P. O. Box 850137 Mesquite, Texas 75185
February __, 2017 Page 2
RE: Continued Discussions Regarding North Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract and Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing Wholesale Water Rates Implemented by North Texas Municipal Water District, P.U.C. Docket No. 46662 (“PUC Matter”)
Dear Member City Representatives:
This letter serves as the proposed framework discussed in our January 31, 2017, Member City Meeting to allow for continued discussions between North Texas Municipal Water District (“NTMWD”) and the Member Cities (as listed above) (collectively, the “parties”) with respect to the dispute regarding the North Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract (the “Contract”) that is at issue in the above-referenced PUC Matter and as may be litigated in related proceedings, in order to permit confidential settlement communications (the “Dispute”). The parties plan to engage in confidential settlement communications between and among themselves (“Communications”) from time to time beginning on the date this letter is signed by the District and all Member Cities and continuing until this agreement is formally terminated in writing by any of the parties as provided below. The parties agree that such discussions shall be held under the framework outlined as follows:
1. Abatement of Current Matter
In order to avoid needless expenditure of District and Member City resources, the Member Cities that have filed the petition in the PUC Matter agree to and will file the necessary motions or pleadings to seek an abatement of the PUC Matter no later than five business days following the execution of this letter by the District and all Member Cities with such abatement to extend for so long as the discussions continue under the framework outlined herein.
2. Confidentiality
Communications are not discoverable or admissible: It is the express intent and agreement of all of the undersigned parties that, in order to foster productive and candid settlement discussions, all such Communications shall be inadmissible for any purpose in the above-referenced docket or in any other litigation relating to the Dispute, pursuant to both Rule 408 of the Texas Rules of Evidence and Rule 11 of the Texas Rules of Civil Procedure. Therefore, by their signature below, all undersigned parties agree that the Communications are confidential settlement communications pursuant to Texas Rule of Evidence 408 and that the content of the Communications are not discoverable or admissible as evidence in the above-referenced docket and/or any other litigation relating to the Dispute.
Communications are confidential: Further, by their signature below, all undersigned parties agree that they shall keep the Communications strictly confidential and not divulge any portion of the Communications to any person or entity except legal counsel and other signatories of this agreement.
3. District commitment to provide continued support
The District will continue to provide support of ongoing discussions by making staff and consultants available, assisting with meeting coordination, providing requested information in a timely manner and otherwise helping to facilitate the continued dialogue as long as requested by the Member Cities.
.
February __, 2017 Page 3
4. Participation
As discussed at the January 31, 2017 meeting, participation of the Member Cities’ elected officials is important to the process, and the Member City mayors or a designated City Council Member will attend future meetings. Attendance by representatives of all the Member Cities is also respectfully requested to support the success of the effort.
5. Public Messaging
The Parties agree to work together in good faith to avoid mixed messages to the media and public regarding the Dispute and will endeavor to support the regional focus and success of the District.
6. Term and termination; continuing obligations
This agreement shall remain in place and shall cover all meetings, discussions, and other Communications between and among the Member Cities regarding the Dispute for a period of six (6) months of the last signatory below, or until this agreement is terminated in writing by any party, whichever is earlier. Such termination in writing must be delivered to NTMWD via email to me, and is not effective until such delivery. The parties’ obligations regarding the Communications as described above shall survive any such termination, and all undersigned parties agree and understand that all Communications will be inadmissible and will remain confidential and shall not be disclosed to any third parties, even after termination of this agreement or after the above- referenced docket and/or any other litigation relating to the Dispute is dismissed or otherwise permanently disposed of.
This Agreement shall not apply to matters discussed in public meetings of NTMWD, and is not intended to and shall not be construed in a manner inconsistent with Texas Open Meetings law. The parties acknowledge this Agreement is a public document and may be distributed to third parties.
If this accurately reflects the agreement of the parties, please sign below and return this letter to me via PDF at [email protected].
Thank you for your professional courtesy in this matter.
Sincerely,
THOMAS W. KULA Executive Director/General Manager
TWK/mcf
.
February __, 2017 Page 4
AGREED TO BY CITY OF ALLEN: DATE:
Mayor Stephen Terrell
AGREED TO BY CITY OF FARMERSVILLE: DATE:
Mayor Diane Piwko
AGREED TO BY CITY OF FORNEY: DATE:
Mayor Rick Wilson
AGREED TO BY CITY OF FRISCO: DATE:
Mayor Maher Maso
AGREED TO BY CITY OF GARLAND: DATE:
Mayor Douglas Athas
AGREED TO BY CITY OF McKINNEY: DATE:
Mayor Brian Loughmiller
AGREED TO BY CITY OF MESQUITE: DATE:
Mayor Stan Pickett
AGREED TO BY CITY OF PLANO: DATE:
Mayor Harry LaRosiliere
AGREED TO BY CITY OF PRINCETON: DATE:
Mayor John Mark Caldwell
AGREED TO BY CITY OF RICHARDSON: DATE:
Mayor Paul Voelker
.
February __, 2017 Page 5
AGREED TO BY CITY OF ROCKWALL: DATE:
Mayor Jim Pruitt
AGREED TO BY CITY OF ROYSE CITY: DATE:
Mayor Janet Nichol
AGREED TO BY CITY OF WYLIE: DATE:
Mayor Eric Hogue
.
NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4814
ADDITIONAL FUNDING FOR POSSIBLE AMENDMENT TO THE REGIONAL WATER SUPPLY FACILITIES AMENDATORY CONTRACT TO ADDRESS THE CONTRACT'S RATE METHODOLOGY
RECOMMENDATION
The NTMWD Executive Director and NTMWD staff recommend the Board of Directors authorize additional funding in an amount not-to-exceed $35,000 to continue to retain consultants as needed to assist with the possible amendment to the Regional Water Supply Facilities Amendatory Contract to address the Contract's rate methodology contingent upon full execution of a Confidentiality Agreement (please refer to Administrative Memorandum No. 4813) by all parties.
BACKGROUND
In January 2017, the Board of Directors authorized funding in an amount not-to-exceed $251,000 for Consultants to assist with the possible amendment of the Contract. That amount has been estimated as follows:
. $96,000 for NewGen Strategies and Solution, LLC ("NewGen") to provide rate modeling and financial analysis services. . $99,000 for Raftelis Financial Consultants, Inc. ("Raftelis") to provide meeting preparation and facilitation services. . $56,000 for Lloyd Gosselink Rochelle & Townsend, P.C. (Lloyd) to provide legal support services.
At this time, meetings with Member Cities, Consultants, and NTMWD staff have taken place on March 30, 2016, May 11, 2016, June 29, 2016, August 24, 2016, October 31, 2016, November 11, 2016 and January 31, 2017, and a total amount of approximately $245,830 has been incurred ($90,952 for NewGen, $98,071 for Raftelis, and $56,807 for Lloyd) to prepare for and conduct the meetings. An additional meeting may be scheduled in the near future with City Officials to discuss the path forward for a possible amendment to the Contract. Therefore, it is requested that additional funding in an amount not-to-exceed $35,000 be authorized to continue to pursue a solution to allow for an amendment to the Contract. Estimated costs are set forth below.
NewGen Raftelis Lloyd Total Current $96,000 $99,000 $56,000 $251,000 Authorization Additional $20,000 $0 $15,000 $35,000 Request Total $116,000 $99,000 $71,000 $286,000
ADMINISTRATIVE MEMORANDUM NO. 4814 PAGE 2
FUNDING FUND(S): Additional funding in the amount of $35,000 is available in the Regional Water System 2016-17 Operating Budget (Account 101-5310-531300 Engineering/Consultant Services).
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4815
REGIONAL WATER SYSTEM WYLIE WATER TREATMENT PLANT IV 70 MGD EXPANSION TO 210 MGD PROJECT NO. 101-0387-15
PROFESSIONAL SERVICES AGREEMENT
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors authorize the Executive Director to execute a professional services agreement as follows:
Consultant: Professional Service Industries, Inc. (PSI)
Scope: Quality Assurance – Construction Materials Testing
Project: No. 101-0387-15, Wylie Water Treatment Plant IV, 70 MGD Expansion to 210 MGD
Amount: $84,543
BACKGROUND
PROJECT PURPOSE • Expand Wylie WTP IV treatment capacity by 70 MGD from 140 million gallons per day (MGD) to 210 MGD
PROJECT COMPONENTS • Project No. 101-0387-15 is being delivered under the Construction Manager-at-Risk (CMAR) method as described in Government Code Title 10 Subtitle F. State and Local Contracts and Fund Management Chapter 2269 Contracting and Delivery Procedures for Construction Projects. • Under the provisions of Sec. 2269.058(a), the owner, independently of the CMAR, must provide construction materials testing and inspection services, and the verification testing services necessary for acceptance of the facility by the governmental entity. This administrative memorandum requests authorization of that Quality Assurance (QA) oversight for the project. • PSI was selected as the most qualified firm to provide the requested services.
ADMINISTRATIVE MEMORANDUM NO. 4815 PAGE 2
BASIC SERVICES • Task 1 – Review CMAR’s proposed Quality Control (QC) sampling protocols, quantity of tests, and testing laboratory. o Conduct a site visit to the QC laboratory to observe testing facilities, protocols and procedures; review qualifications of proposed QC technicians and laboratory personnel; and report findings. o Provide an initial written report highlighting proposed QC construction materials testing sampling protocols and frequencies. • Task 2 – Review reports of QC tests performed by the CMAR’s construction materials testing firm. o Review monthly construction materials testing reports and provide a summary report to the District (18 months). • Task 3 – Verify QC testing by random, unannounced tests that repeat and confirm the CMAR’s QC tests. o Conduct approximately 75 site visits over 18 months to obtain approximately 400 soil, concrete and other samples in order to conduct analyses.
SPECIAL SERVICES • None
PROFESSIONAL SERVICES FEE
DESCRIPTION AMOUNT Basic Services $84,543 Special Services $0
Requested Amount $84,543
FUNDING
FUND(S): Regional Water System Capital Improvement Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4816
REGIONAL WATER SYSTEM WYLIE WATER TREATMENT PLANT II CLEARWELL AND DISINFECTION MODIFICATIONS PROJECT NO. 101-0330-13
CHANGE ORDER NO. 8
RECOMMENDATION
The Executive Director, NTMWD staff, and CH2M Hill Engineers, Inc., recommend the Board of Directors authorize a construction change order as follows:
Contractor: Archer Western Construction, LLC (Archer Western)
Scope: Construction, Change Order No. 8
Project: No. 101-0330-13, Wylie Water Treatment Plant (WTP) II Clearwell and Disinfection Modifications
Amount: $165,393.51
BACKGROUND
PROJECT PURPOSE • Construct additional 10 million gallon (MG) clearwell storage capacity for the Wylie WTP • Complete the relocation of chemical injection points and analyzers for final disinfection modifications in accordance with Texas Commission on Environmental Quality (TCEQ) regulations
PROJECT COMPONENTS • Construct two new 5 MG clearwells (Nos. 2-5 and 2-6) • Construct new flow meter vaults for 90-inch diameter and 60-inch diameter filtered water effluent pipelines from the junction box to WTPs I and II • Install ammonia injection points and chlorine analyzers for WTPs III and IV • Re-route large diameter yard pipe
PROPOSED CHANGE ORDER • Clearwell No. 2-4 concrete repair and corrosion inhibitor application Upon initial entry to the clearwell, staff observed exposed steel reinforcing and deteriorated concrete on the underside of the Clearwell No. 2-4 roof. This change order proposes repair of the damaged concrete roof and application of a corrosion inhibitor to the entire underside of the roof to prevent future corrosion.
ADMINISTRATIVE MEMORANDUM NO. 4816 PAGE 2
• SCADA signals modifications The ammonia analyzers installed under this project are programmed to read only the free ammonia concentration. When future disinfection modifications take effect to allow biologically active filtration, it will be necessary to analyze monochloramines and total ammonia to maintain water quality. The scope of this task includes power, signal connections, and SCADA programming required to provide this critical information to NTMWD Operations staff.
CHANGE ORDER NO. 8
Description Amount Days Original Contract $20,858,000.00 660 Prior Change Order(s) Total $2,038,749.00 165 Proposed Change Order No. 8 Clearwell No. 2-4 concrete repair and corrosion inhibitor application $150,818.51 SCADA signals modifications $14,575.00 Proposed Change Order No. 8 Increase $165,393.51 0 Revised Contract Amounts $23,062,142.51 825
FUNDING
FUND(S): Regional Water System Capital Improvement Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4817 REGIONAL WATER SYSTEM
WYLIE WATER TREATMENT PLANT CHEMICAL SYSTEMS IMPROVEMENTS, PHASE 2 PROJECT NO. 101-0354-14
CHANGE ORDER NO. 3
RECOMMENDATION
The Executive Director, NTMWD staff, and Carollo Engineers, Inc., recommend the Board of Directors authorize a construction change order as follows:
Contractor: Pepper Lawson Waterworks, LLC. (Pepper Lawson)
Scope: Construction, Change Order. No. 3
Project: No. 101-0354-14 Wylie Water Treatment Plant (WTP) Chemical Systems Improvements, Phase 2
Amount: $114,737.00
BACKGROUND
PROJECT PURPOSE • Comply with Texas Commission on Environmental Quality (TCEQ) requirements for water treatment chemical storage facilities, separation of incompatible chemicals, and enhancement of overall chemical system reliability and functionality.
PROPOSED CHANGE ORDER • Scope Transfer from Project No. 101-0354-14 Phase 1B to Phase 2 Improvements are underway on High Service Pump Station 1-1, which requires shutdown of WTP I for approximately 10 months. This extended shutdown is impacting the start-up and commissioning of the following WTP I facilities being constructed under Phase 1B of this overall chemical improvement project: o New and existing sodium hydroxide storage and feed systems o Ammonia feed system o Ferric sulfate metering area o Polymer metering area
Since Pepper Lawson is the contractor for both Phase 1B and Phase 2 of the chemical systems improvement project, engineering staff recommends the most effective way to test the above systems is to transfer the above scope to Phase 2, which will still be active when WTP I is re-started. The total change order amount of $58,000 reflects: ADMINISTRATIVE MEMORANDUM NO. 4817 PAGE 2
o $18,000 of system start-up and testing costs transferred from Phase 1B to Phase 2 (this same amount will be deducted from Phase 1B contract) o New costs of $10,000 per chemical system (total of $40,000) to maintain the four referenced chemical systems until WTP I is restarted
A change order deduct of $18,000 to Phase 1B for this transfer of scope is included in the Monthly Construction Report Consent Agenda Item No. 17-02-03 for February.
• WTP III ferric sulfate day tanks metering piping modifications The existing alignment of effluent piping from the day tanks to the metering header does not allow individual tanks to be isolated in case of an emergency or failure. Modifications and additional valves are required to provide this operational flexibility.
• Fiberglass bulk tanks flex fittings The original project scope planned to use existing fittings at the effluent piping of the bulk storage tanks. While replacing the existing manual effluent valves with motorized effluent valves, staff observed degradation of existing fittings. Following evaluation, the project team recommends replacing the existing fittings with flexible fittings.
CHANGE ORDER NO. 3
Description Amount Days Original Contract $10,999,000.00 488 Prior Change Order(s) Total ($2,302.00) 0 Proposed Change Order No. 3 Increase to Phase 2 for scope transfer and extended $58,000.00 0 maintenance WTP III ferric sulfate day tanks metering piping modifications $25,864.00 0 Fiberglass bulk tanks flex fittings $30,873.00 0 Proposed Change Order No. 3 Increase $114,737.00 0 Revised Contract Amounts $11,111,435.00 488
FUNDING
FUND(S): Regional Water System 2015 Construction Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4818
REGIONAL WATER SYSTEM EXPANSION OF RAW WATER PUMP STATION NO. 3 TO 620 MGD PROJECT NO. 101-0321-13
CHANGE ORDER NO. 5
RECOMMENDATION
The Executive Director, NTMWD staff, and Freese and Nichols, Inc., recommend the Board of Directors authorize a construction change order as follows:
Contractor: Archer Western Construction, LLC. (Archer Western)
Scope: Construction, Change Order No. 5
Project: No. 101-0321-13, Expansion of Raw Water Pump Station No. 3 to 620 MGD
Amount: $184,250.00
Additional Contract Time: 257 days
BACKGROUND
PROJECT PURPOSE • The purpose of this project is to provide increased pumping capacity at Raw Water Pump Station (RWPS) No. 3, which serves Water Treatment Plants (WTP) III and IV.
PROJECT COMPONENTS • Relocate an existing 35 million gallon per day (MGD) pump, including pump control valve, discharge piping, all associated appurtenances, and electrical cable and conduit. • Install one new 85 MGD pump including pump control valve, discharge piping, and appurtenances. • Install one new 1750HP, 4160V adjustable frequency drive (AFD) for the new 85 MGD pump. • Install a new transformer and modify the existing 4160V electrical switchgear.
PROPOSED CHANGE ORDER • Install a compacted graded stone (flexbase) all weather surface to improve drainage at the north substation electrical building and provide a more weather resistant work surface inside both the north and south medium voltage electrical yards. • Install new pump shaft vibration restraint system for pump P-2 that will reduce excessive vibration that occurs between the AFD and RWPS No. 3’s natural resonant frequency. ADMINISTRATIVE MEMORANDUM NO. 4818 PAGE 2
• Install a new pump station wetwell access hatch for maintenance, a stairwell, and manway platforms in the wetwell to the new vibration restraint system. The lower level manway platforms are designed to allow expansion to access future pumps, and are equipped with proper safety handrails. • Remove and replace existing transformer T1 & T2 aerial fused disconnects with non-fused disconnects.
CHANGE ORDER NO. 5
Description Amount Days Original Contract Amount $3,247,500.00 595 Prior Change Order(s) Total $359,397.80 0 Proposed Change Order No. 5 Flexbase addition at north and south substation yards $35,000.00 0 Pump P-2 column vibration restraint system $54,000.00 137 New wetwell access hatch and platforms $90,000.00 120 Remove and replace Transformer T1 and T2 aerial fused disconnects $5,250.00 0 Proposed Change Order No. 5 Increase $184,250.00 257 Revised Contract Amounts $3,791,147.80 852
FUNDING
FUND(S): Regional Water System 2014 Construction Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4819
REGIONAL WATER SYSTEM WATER TREATMENT PLANT WATER SYSTEM OPERATIONS CENTER PROJECT NO. 101-0352-14
ENGINEERING SERVICES AGREEMENT ADDITIONAL SERVICES
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors authorize additional design services to an existing engineering services agreement (ESA) as follows:
Consultant: Halff Associates, Inc.
Scope: Structural design to storm harden control and administrative areas
Project: No. 101-0352-14, Water Treatment Plant Water System Operations Center
Amount: $71,300
BACKGROUND
PROJECT PURPOSE • The project will provide the design for a centralized 12,000 square-foot water system management and operations center. The facility will meet the needs of the water department including office and workspaces for water system treatment, transmission, supervisory control and data acquisition (SCADA), maintenance and training personnel.
ADDITIONAL SERVICES • Structural Design to Storm Harden Facility Additional structural design to harden approximately 5,000 square feet of building space and exterior walls of the generator pad to withstand wind speeds equivalent to an “F2” tornado categorized by the Fujita Tornado Damage Scale. Generally, the hardened space will include: exterior walls, a building mid-sectional wall and roof for the control and administrative areas of the building. Rooms inside the hardened space include main conference room, training room, control room, manager’s offices, restrooms, break room, main lobby and entrance. Only critical emergency operations portions of the structure are planned to be hardened. The hardening will enable the facility to be used as a center for emergency operations during a natural disaster event by protecting employees and improving the survivability of those critical portions of the structure. Hardening will also allow critical operations staff to remain at the water treatment/transmission controls at all times during threats of severe weather. ADMINISTRATIVE MEMORANDUM NO. 4819 PAGE 2
ENGINEERING SERVICES FEE
DESCRIPTION AMOUNT Original ESA (Ad Memo No. 4538) $855,526 Prior Additional Services (CAI No. 16-05-05) $47,440 Proposed Additional Services $71,300 Revised ESA Amount $974,266
FUNDING
FUNDING: Regional Water System Capital Improvement Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4820
REGIONAL WATER SYSTEM CASA VIEW PUMP STATION ELECTRICAL AND SITE IMPROVEMENTS PROJECT NO. 101-0419-16
TABULATION OF BIDS AND AWARD OF CONTRACT
RECOMMENDATION
The Executive Director, NTMWD staff and Gupta and Associates, Inc., recommend the Board of Directors authorize the award of a contract as follows:
Contractor: Crescent Constructors, Inc.
Scope: Construction
Project: No. 101-0419-16, Casa View Pump Station Electrical and Site Improvements
Amount: $4,017,000
BACKGROUND
PROJECT PURPOSE • The Casa View Pump Station was originally constructed in 1956, with subsequent limited updates in 1963 and 1988. Much of the electrical system equipment installed in the 1950’s and 1960’s is still in use and has reached the end of its useful life. Parts of the system, in its current configuration, are also subject to flooding. • This project will replace the electrical equipment.
PROJECT COMPONENTS • Demolish the existing electrical building, equipment and associated wire/conduit • Construct a new electrical building with new electrical distribution equipment, new wire and conduit to equipment • Install four new 4160V motors on the pumps • Construct two new discharge flow meter vaults • Install new controls and instrumentation, site improvements and other miscellaneous improvements • Provide a 200 kilowatt generator to ensure power is available for controls and instrumentation during the loss of utility power
ADMINISTRATIVE MEMORANDUM NO. 4820 PAGE 2
TABULATION OF BIDS
Sealed bids for construction were received at 2:00 p.m. on Wednesday, January 25, 2017, as tabulated below:
Bidder Total Bid Recommendation Lowest responsible bid Crescent Constructors, Inc. $4,017,000 Recommended for Award
Red River Construction Co. $4,995,900
ENGINEER’S OPINION OF PROBABLE COST $5,145,700
LOWEST RESPONSIBLE BIDDER HISTORY
Crescent Constructors, Inc., has successfully completed or is currently under construction on several similar projects for the NTMWD:
• Project No. 301-0309-12, Wilson Creek Regional Wastewater Treatment Plant Filter Improvements • Project No. 314, Farmersville Pump Station Pump No. 2 • Project No. 315, Dublin Road Re-lift Station Improvements • Project No. 318, Wylie No. 3 Delivery Point Metering Station Upgrade • Project No. 101-0326-13, Casa View Pump Station Control Structure and Ground Storage Tank Improvements (currently under construction) • Project No. 327, South Mesquite Creek Regional Wastewater Treatment Plant Screenings Handling Improvements • Project No. 101-0373-14, Lake Chapman Pump Station 2014 Electrical Improvements (currently under construction)
Based on their standing as lowest responsive bidder, the information provided, reports by supplied references, and their history of successful project completion, the Executive Director, NTMWD staff and Gupta and Associates, Inc., recommend award of the contract to Crescent Constructors, Inc.
FUNDING
FUND(S): Regional Water System Capital Improvement Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4821
REGIONAL WATER SYSTEM LOWER BOIS D’ARC CREEK RESERVOIR AND LEONARD WATER TREATMENT PLANT ELECTRIC POWER SUPPLY PROJECT NO. 101-0362-14
RESOLUTION NO. 17-09
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors adopt Resolution No. 17-09, Intent to Convey Property to Rayburn Country Electric Cooperative for Electric Transmission Facilities and to Fannin County Electric Cooperative for Electric Substations as follows:
Electric Service Providers: Rayburn Country Electric Cooperative (RCEC); Fannin County Electric Cooperative (FCEC)
Scope: Intent to convey property for electric transmission facilities across NTMWD owned property to Rayburn Country Electric Cooperative and property for two electrical substations to Fannin County Electric Cooperative
Project: No. 101-0362-14, Lower Bois d’Arc Creek Reservoir (LBCR) and Leonard Water Treatment Plant Electric Power Supply
Amount: $0.00
BACKGROUND
PROJECT PURPOSE • Preconstruction electric utility work to provide electrical power service to the LBCR Raw Water Pump Station (RWPS) and Leonard Water Treatment Plant (WTP) and Leonard High Service Pump Station (HSPS).
PROJECT COMPONENTS OF ELECTRIC UTILITY AGREEMENTS WITH RCEC • RCEC will have responsibility for the following under the terms of the agreements o Design and construct electric transmission facilities, approximately six miles in length, to the LBCR RWPS. o Design and construct electric transmission facilities to the Leonard WTP and Leonard HSPS, approximately twelve miles in length. o Obtain the Certificate of Convenience and Necessity (CCN) from the Public Utility Commission of Texas (PUC). o Acquire right-of-way for the proposed transmission line routes selected by the PUC.
ADMINISTRATIVE MEMORANDUM NO. 4821 PAGE 2
INTENT TO CONVEY PROPERTY TO SUPPORT RCEC’s CCN REQUEST • Provided the PUC authorizes the CCN for the transmission line to the LBCR RWPS project, the PUC will then approve a route for the transmission line based on one of numerous possible routes submitted by RCEC in its CCN application. • One of the possible routes to be submitted by RCEC to the LBCR RWPS crosses NTMWD owned property on the east side of the reservoir. This impacts the fewest number of properties; consequently, it will have the fewest number of potential interveners against the project. • In its CCN application, RCEC will need to show an approximate cost of the possible routes. The route across NTMWD property will have a significant cost advantage if RCEC can acquire the easements across NTMWD property at no cost to RCEC. • This action by the Board will acknowledge that NTMWD intends to convey easements across NTMWD owned property at no cost to RCEC. • NTMWD staff will bring the easement documents to the Board for approval if the PUC selects the route across NTMWD’s property. The route to the LBCR RWPS is on NTMWD property for approximately 4.5 of the 6 miles needed. A small segment of the route to Leonard WTP is on NTMWD owned property. • The approximate acreage to be conveyed by NTMWD for both routes would be 55 acres of land. • This action would potentially save RCEC approximately $220,000 in easement costs.
PROJECT COMPONENTS OF ELECTRIC UTILITY AGREEMENTS WITH FCEC • FCEC will have the responsibility to design and construct the electric substations for the LBCR raw water pump station and the facilities at the Leonard site, including the water treatment plant and the high service pump station:
INTENT TO CONVEY PROPERTY TO FCEC IN SUPPORT OF RCEC’s CCN REQUEST • In RCEC’s CCN application, RCEC is required to demonstrate to the PUC how and where FCEC and NTMWD will be served. • The locations of FCEC’s future substations have been identified on site plans for NTMWD facilities and are wholly located on NTMWD property. • This action by the Board will provide further support to RCEC’s CCN application by acknowledging that NTMWD intends to convey the property for the planned substations to FCEC at no cost. • NTMWD staff will bring the proposed substation property agreement to the Board for approval after the PUC grants the CCN. • The property to be conveyed by NTMWD would be approximately 6 acres. • This action would potentially save FCEC approximately $24,000 in property costs.
FUNDING
FUND(S): No additional funding is requested
NORTH TEXAS MUNICIPAL WATER DISTRICT
RESOLUTION NO. 17-09 INTENT TO CONVEY PROPERTY TO RAYBURN COUNTRY ELECTRIC COOPERATIVE FOR ELECTRIC TRANSMISSION FACILITIES AND TO FANNIN COUNTY ELECTRIC COOPERATIVE FOR ELECTRIC SUBSTATIONS PROJECT NO. 101-0362-14
WHEREAS, the North Texas Municipal Water District (the “District”) provides wholesale treated water to member cities and customers in its service area covering all or parts of Collin, Dallas, Denton, Fannin, Hunt, Kaufman, Rains, Rockwall, and Van Zandt Counties in North Central Texas; and,
WHEREAS, the District has a statutory obligation to plan and secure adequate water supplies for member cities and customers; and,
WHEREAS, due to sustained growth by the member cities and customers of the District development of additional water supplies is necessary; and,
WHEREAS, in order to address the need for additional water supplies the District has pursued the development of the Lower Bois d’Arc Creek Reservoir; and,
WHEREAS, in order to provide the necessary electric power to the raw water pump station located at the reservoir and the water treatment plant site to be located in Leonard, Texas, the NTMWD Board of Directors has authorized funding for Rayburn Country Electric Cooperative and Fannin County Electric Cooperative to design and construct the necessary electrical facilities; and,
WHEREAS, in order to obtain a Certificate of Convenience and Necessity, Rayburn Country Electrical Cooperative must submit application to the Public Utility Commission of Texas; and,
WHEREAS, one of the proposed routes of the electric transmission facilities crosses NTMWD owned property on the east side of the LBCR; and,
WHEREAS, the substations required for the raw water pump station and the Leonard water treatment plant and high service pump station are proposed to be located on NTMWD owned property.
NOW, THEREFORE, THE BOARD OF DIRECTORS IN A REGULAR MEETING RESOLVES THAT:
1. There is a public need for, and that the public welfare and convenience are to be served by: 1) the intent to convey NTMWD property to Rayburn Country Electric Cooperative for the purpose of constructing the transmission facilities; and, 2) the intent to convey NTMWD property to Fannin County Electric Cooperative for the purpose of constructing electric substations for the raw water pump station and the facilities in Leonard, including the water treatment plant and the high service pump station.
RESOLUTION NO. 17-09 PAGE 2
2. It is the recommendation of the Executive Director and NTMWD staff that the Board adopt this resolution stating the intent of the NTMWD to convey property.
3. Provided the PUC selects the route across NTMWD’s property, the NTMWD staff will present the easement documents and/or agreements to the Board for approval.
THIS RESOLUTION ADOPTED BY THE NTMWD BOARD OF DIRECTORS IN A REGULAR MEETING ON FEBRUARY 23, 2017 IN THE ADMINISTRATIVE OFFICES OF THE NTMWD, WYLIE, TEXAS.
______JOHN SWEEDEN, Secretary TERRY SAM ANDERSON, President
(Seal) SS e e c c t t i i o o n n B B Mitigation Property
FCEC - Permanent Power Relocation
FCEC - Temporary Power FCEC - Raw Water Pump for Dam Construction Station Power Substation
FM 897
Rayburn - Transmission Line FCEC - Lake Bonham Circuit
Rayburn - Transmission Line
CMAR 3 - Leonard WTP Project FCEC - WTP Power Substation Legend Proposed Transmission Power FM 897 Permanent Power Leonard Water Treatment Plant Dam and High Service Pump Station Water Treatment Plant Riverby Mitigation Property Feet Lower Bois d'Arc Creek Reservoir 0 25,000 50,000 Lower Bois d'Arc Creek Reservoir and Leonard Water Treatment Plant Electric Power Supply Ü Project No. 101-0362-14 Administrative Memorandum No. 4821 NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4822
REGIONAL WATER SYSTEM FILING OF WATER RIGHT AMENDMENT APPLICATIONS REGARDING LOWER BOIS D’ARC CREEK RESERVOIR MITIGATION PROJECT NO. 101-0452-17 RESOLUTION NO. 17-08
LEGAL SERVICES
RECOMMENDATION
The Executive Director, NTMWD staff, and Lloyd Gosselink Rochelle & Townsend, P.C., recommend the Board of Directors adopt Resolution No. 17-08, A Resolution Authorizing the Filing of Water Right Amendment Applications Regarding Lower Bois d’Arc Creek Reservoir Mitigation as follows:
Consultant: Lloyd Gosselink Rochelle & Townsend, P.C.
Project: No. 101-0452-17 Lower Bois d’Arc Creek Reservoir Mitigation
Scope: Applications to Amend Water Right for Permit Nos. 4033 and 4044
Amount: $20,000
BACKGROUND
PROJECT PURPOSE • One requirement associated with the Lower Bois d’Arc Creek Reservoir is for NTMWD to plan for and implement compensatory mitigation for impacts to aquatic resources expected to result from the construction of the reservoir. Toward that end, NTMWD purchased property known as the Riverby Ranch, which included two water rights associated with that property, Permit to Appropriate State Water Nos. 4033 and 4044 (“Permit Nos. 4033 and 4044”). NTMWD intends to irrigate Riverby Ranch pursuant to Permit Nos. 4033 and 4044 to establish and implement its compensatory mitigation.
• Currently, Permit Nos. 4033 and 4044 limit the area that may be irrigated to only a portion of the Riverby Ranch property. In order to increase acreage that may be irrigated with water pursuant to Permit Nos. 4033 and 4044 so as to ensure establishment and implementation of compensatory mitigation, those water rights must be amended. Moreover, for purposes of diverting water under those rights, it is beneficial to amend Permit Nos. 4033 and 4044 to have the diversion points defined as a diversion reach rather than individual diversion points.
ADMINISTRATIVE MEMORANDUM NO. 4822 PAGE 2
• In accordance with the Settlement Agreement with the National Wildlife Federation and the Lone Star Chapter of the Sierra Club dated August 28, 2014, regarding the reservoir, the District agreed to file applications to amend Permit Nos. 4033 and 4044 to add a purpose of use for instream use protection.
• In order to establish and implement NTMWD’s compensatory mitigation and the terms of the Settlement Agreement, it is recommended that the Board authorize the Executive Director to execute and prosecute applications to amend Permit Nos. 4033 and 4044.
FUNDING FUND(S): Regional Water System Capital Improvement Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT
RESOLUTION NO. 17-08
A RESOLUTION AUTHORIZING THE FILING OF WATER RIGHT AMENDMENT APPLICATIONS REGARDING LOWER BOIS D’ARC CREEK RESERVOIR MITIGATION PROJECT NO. 101-0452-17
WHEREAS, the North Texas Municipal Water District (the “District”) provides wholesale treated water to member cities and customers in its service area covering all or parts of Collin, Dallas, Denton, Fannin, Hunt, Kaufman, Rains, Rockwall, and Van Zandt Counties in North Central Texas; and,
WHEREAS, the District has a statutory obligation to plan and secure adequate water supplies for member cities and customers; and,
WHEREAS, due to sustained growth by the member cities and customers of the District development of additional water supplies is necessary; and,
WHEREAS, in order to address the need for additional water supplies the District has pursued the development of the Lower Bois d’Arc Creek Reservoir; and,
WHEREAS, the District has been granted water rights by the Texas Commission on Environmental Quality (“TCEQ” or the “Commission”) for the Lower Bois d’Arc Creek Reservoir project and is currently pursuing an authorization to construct the project from the United States Army Corps of Engineers (“USACE”); and,
WHEREAS, the USACE authorization will require compensatory mitigation for impacts to aquatic resources from the construction of the reservoir; and,
WHEREAS, the District has purchased property known as Riverby Ranch, including the water rights associated with said property, Permit to Appropriate State Water Nos. 4033 and 4044, as amended (“Permit Nos. 4033 and 4044”), for purposes of performing its compensatory mitigation; and,
WHEREAS, the water rights need to be amended to allow for the irrigation of the entirety of Riverby Ranch for purposes of establishing and implementing its compensatory mitigation, and the District must submit water right amendment applications to amend Permit Nos. 4033 and 4044 (the “Applications”) to TCEQ; and,
WHEREAS, the District has agreed to file the Applications to amend Permit Nos. 4033 and 4044 to add a purpose of use for instream use protection pursuant to the Settlement Agreement with the National Wildlife Federation and the Lone Star Chapter of the Sierra Club dated August 28, 2014 regarding the Lower Bois d’Arc Creek Reservoir project; and,
WHEREAS, 30 TAC § 295.14 of the Commission’s Rules requires that an application for a water right be executed by a duly authorized official of the District; and,
WHEREAS, funds in the amount of $20,000 are available from the Regional Water System Capital Improvement Fund. RESOLUTION NO. 17-08 PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE NORTH TEXAS MUNICIPAL WATER DISTRICT, THAT:
1. The Executive Director of the District is hereby authorized on behalf of the Board of Directors to execute the Applications and any other applications or documents as are necessary for authorization to amend Permit Nos. 4033 and 4044 associated with the Riverby Ranch property; and,
2. The Executive Director of the District is hereby authorized and directed on behalf of the Board of Directors to file the Applications and to appear and arrange for the appearances of persons representing the District at the hearings and other proceedings on the Applications before the Commission, and otherwise direct the prosecution, settlement, and compromise of the Applications on behalf of the Board of Directors, as appropriate.
THIS RESOLUTION ADOPTED BY THE NTMWD BOARD OF DIRECTORS IN A REGULAR MEETING ON FEBRUARY 23, 2017, IN THE ADMINISTRATIVE OFFICES OF THE NTMWD, WYLIE, TEXAS.
______JOHN SWEEDEN, Secretary TERRY SAM ANDERSON, President
(SEAL)
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4823
STEWART CREEK WEST WASTEWATER TREATMENT PLANT EXPANSION TO 10 MGD PROJECT NO. 309-0252-11
CHANGE ORDER NO. 6
RECOMMENDATION
The Executive Director, NTMWD staff, and Carollo Engineers, Inc., recommend the Board of Directors authorize a construction change order as follows:
Contractor: MWH Constructors, Inc.
Scope: Construction, Change Order No. 6
Project: No. 309-0252-11, Stewart Creek West Wastewater Treatment Plant (WWTP) Expansion to 10 MGD
Amount: $119,760.00
Additional Contract Time: 19 days
BACKGROUND
PROJECT PURPOSE • Expand the treatment capacity of the Stewart Creek West WWTP from the current 5 million gallon per day (MGD) average daily flow to 10 MGD average daily flow with a peak two-hour flow of 35 MGD. • Project was recommended in the 2008 City of Frisco Wastewater System Capital Improvements Plan based on projections for continued growth in the plant service area. • In addition to the required expansion, the renewal of the permit from the Texas Commission on Environmental Quality (TCEQ), approved in October 2012, imposed new discharge limits on phosphorus. Therefore, this project includes improvements to the existing 5 MGD plant for phosphorus removal by chemical precipitation.
PROJECT COMPONENTS • Construction of new influent pump station and new headworks building with installation of screens • Rehabilitation of existing primary clarifier and construction of one new primary clarifier and primary sludge pump station • Construction of two new aeration basins, aeration basin splitter structure and new blower building • Construction of two new secondary clarifiers and secondary effluent splitter box • Construction of new return/waste activated sludge (RAS/WAS) pump station ADMINISTRATIVE MEMORANDUM NO. 4823 PAGE 2
• Construction of two new ferric sulfate storage and pump facilities that will serve the existing plant and the new plant • Construction of new concrete filter basins with cloth-media disk filters • Construction of new ultraviolet (UV) disinfection system • Construction of new post-aeration facility • Construction of new Parshal flume plant effluent flow meter • Construction of new solids handling facility with two new belt filter presses and chemical systems • Conversion of existing sludge storage tank to aerated WAS holding tank • Installation of new odor control systems • Installation of new instrumentation and control systems, new electrical infrastructure and new centralized power generation facility • Construction of new administration building and parking lot • Implementation of various civil improvements, including perimeter berm, roads, grading, landscaping, and lighting • Construction of yard piping and new plant outfall structure • Construction of new plant water pump station • Alternate bid is for the construction of a grit removal system
PROPOSED CHANGE ORDER • The City of Frisco (City) requests installation of 200 linear feet (LF) of force main and connection to the Stewart Creek West WWTP Influent Pump Station. This line will be the final section of a line coming from the Lebanon Road Lift Station, which is currently under design by others under contract to the City. • AT&T changed the location of the point of service requiring an additional 300 LF of communication conduits to make the connections to the new administration building. • An error in the horizontal control coordinates in the plans requires the contractor to re-lay 400 LF of 48-inch storm water effluent pipeline in conflict with the outfall structure. The contractor has shared in half of the cost burden for this change and NTMWD personnel are negotiating with Carollo Engineers for the other half of the cost. • NTMWD staff has reviewed the contractor’s proposed work with City staff and they concur with the proposed cost. Participation in this added cost is being discussed with the design engineer.
CHANGE ORDER NO. 6
Description Amount Days Original Contract $60,429,000.00 790 Prior Change Order(s) Total $334,451.00 57 Proposed Change Order No. 6 Installation of 200 LF of force main and connection to the plant influent pump station $84,269.00 9 AT&T point of service change $11,942.00 0 Re-lay 48-inch storm water pipe $23,549.00 10 Proposed Change Order No. 6 Increase $119,760.00 19 Revised Contract Amounts $60,883,211.00 866
ADMINISTRATIVE MEMORANDUM NO. 4823 PAGE 3
FUNDING
FUND(S): Stewart Creek West Regional Wastewater System 2015 Construction Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4824
UPPER EAST FORK INTERCEPTOR SYSTEM UPPER ROWLETT CREEK AND UPPER COTTONWOOD CREEK LIFT STATION IMPROVEMENTS PROJECT NO. 501-0295-12
CHANGE ORDER NO. 10
RECOMMENDATION
The Executive Director, NTMWD staff and CH2M HILL Engineers, Inc., recommend the Board of Directors authorize a construction change order as follows:
Contractor: Archer Western Construction, LLC, (Archer Western)
Scope: Construction, Change Order No. 10
Project: No. 501-0295-12, Upper Rowlett Creek and Upper Cottonwood Creek Lift Station Improvements
Amount: $170,142.06
Additional Contract Time: 273 days
BACKGROUND
PROJECT PURPOSE • The Upper Rowlett Creek Lift Station (Upper Rowlett) and the Upper Cottonwood Creek Lift Station (Upper Cottonwood) were constructed under the same project in 1984. Both lift stations are termination points for major gravity interceptors primarily serving Plano, Allen, and McKinney in the Upper East Fork Interceptor System (UEFIS) and both pump to the Junction Structure in Allen. From there, flow is by gravity to the Wilson Creek Regional Wastewater Treatment Plant. • The current firm capacities of Upper Rowlett and Upper Cottonwood are 26 million gallons per day (MGD) and 13 MGD, respectively. Flow projections indicated the need for additional capacity at both lift stations. • Provide a firm pumping capacity of 56 MGD at Upper Rowlett and 27 MGD at Upper Cottonwood.
PROJECT COMPONENTS • Replace the four existing pumps with four new pumps and add a fifth pump at Upper Rowlett • Relocate one of the existing pumps from Upper Rowlett and install as a fifth pump at Upper Cottonwood ADMINISTRATIVE MEMORANDUM NO. 4824 PAGE 2
• Replace three of the four existing pumps with new pumps at Upper Cottonwood • Provide new electrical buildings at both sites • Provide new odor control systems at both sites • Provide a redundant discharge line and flow metering vault at Upper Cottonwood
PROPOSED CHANGE ORDER • A new 36-in knife gate valve will be installed at the Upper Rowlett discharge header as part of this project and requires the lift station to be shut down for up to eight hours. NTMWD staff performed a test shutdown and determined the lift station can be out of operation for a maximum of four hours, considerably less than specified during the design phase due to increase in flows over the last four years. The installation of a permanent bypass connection on the west force main of Upper Rowlett and temporary bypass pumping is necessary to complete the work. • The contractor is requesting an additional 273 days for this change as work in the lift station has been unable to proceed without the installation of the 36-inch knife gate valve. The 273 days is inclusive of additional work in a previous change order associated with the enlargement of hatch access, gantry crane and hoist system, and loading platform.
CHANGE ORDER NO. 10
Description Amount Days Original Contract $8,904,500.00 780 Prior Change Order(s) Total $421,504.31 105 Proposed Change Order No. 10 Permanent bypass connection at Upper Rowlett and temporary bypass pumping $170,142.06 273 Proposed Change Order No. 10 Increase $170,142.06 273 Revised Contract Amounts $9,496,146.37 1,158
FUNDING
FUND(S): Upper East Fork Interceptor System 2012 Construction Fund
NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4825
UPPER EAST FORK INTERCEPTOR SYSTEM INDIAN CREEK LIFT STATION NO. 2 PROJECT NO. 501-0453-17
ENGINEERING SERVICES AGREEMENT
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors authorize the Executive Director to execute an engineering services agreement (ESA) as follows:
Consultant: AECOM, Inc.
Scope: Final engineering design
Project: No. 501-0453-17, Indian Creek Lift Station No. 2
Amount: $ 892,199
BACKGROUND
PROJECT PURPOSE • To accommodate additional wastewater flows from the Indian Creek Basin of Upper East Fork Interceptor System due to recent and projected commercial and residential growth in the City of Plano. • Increase total firm pumping capacity of Indian Creek Lift Station (ICLS) to 16 MGD by constructing a stand-alone 8 MGD firm pumping capacity adjacent to existing lift station. • The Engineer’s budget level opinion of probable construction cost for the lift station is $7,416,000.
PROJECT COMPONENTS • Lift station with coated wet well and ventilated dry well adjacent to existing structure • Pumps, motors, mechanical piping and equipment to provide 8 MGD firm pumping capacity • Electrical building with HVAC and electrical equipment to support the new lift station • Instrumentation and control equipment necessary to monitor the new lift station • Backup power generator and relocation of existing generator • Influent splitter junction box with interior coating and flow control gates • Forced ventilation odor control for new wet well • 24-inch on-site discharge force main with flow meter and vault to connect to proposed Indian Creek Force Main No. 2 • Tie in odor control feed system to proposed upstream splitter junction box • Site/civil work for access road, parking, and fencing
ADMINISTRATIVE MEMORANDUM NO. 4825 PAGE 2
BASIC SERVICES • Preliminary design memorandum including hydraulic analysis, detailed site evaluations, and preliminary process layouts • Final design • Bid phase services • Construction phase services
SPECIAL SERVICES • Topographic survey • Easements • Geotechnical investigation • Power system study • Facility O&M Manual
ENGINEERING SERVICES FEE
DESCRIPTION AMOUNT Basic Services $843,191 Special Services $49,008
Requested Amount $892,199.00
FUNDING
FUND(S): Upper East Fork Interceptor System 2016 Construction Fund
FALLING WATER
Indian Creek Lift Station
GRAND HOLLOW
Existing Indian Creek Lift Station
MCKAMY
Proposed Lift Station
Legend Indian Creek Lift Station Existing Wastewater Lift Station Project No. 501-0453-17 Proposed Wastewater Lift Station Administrative Memorandum No. 4825 Ü NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4826
UPPER EAST FORK INTERCEPTOR SYSTEM INDIAN CREEK FORCE MAIN NO. 2 PROJECT NO. 501-0454-17
ENGINEERING SERVICES AGREEMENT
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors authorize the Executive Director to execute an engineering services agreement (ESA) as follows:
Consultant: HDR, Inc.
Scope: Engineering Design and Construction Phase Services
Project: No. 501-0454 -17, Indian Creek Force Main No. 2
Amount: $ 1,149,877
BACKGROUND
PROJECT PURPOSE • To convey wastewater flow from the proposed Indian Creek Lift Station No. 2 to the Preston Road Lift Station. A separate ESA is included in the February 2017 Board Packet for the design of Indian Creek Lift Station No. 2. • Construct approximately 25,000 linear feet of 24-inch force main from Indian Creek Lift Station No. 2 at the existing Indian Creek Lift Station site to the new Legacy West Pressure Sewer upstream of the Preston Road Lift Station as shown on the attached map. • The Engineer’s budget level opinion of probable construction cost for the force main is $13,481,000.
PROJECT COMPONENTS • Approximately 25,000 linear feet of 24-inch force main • Tunneled sections in critical locations to minimize traffic disruption • Blow-off drain valves as required to support the force main • Air release and vacuum valves with odor control systems • Access vaults for appurtenances • Tree mitigation, median landscaping, and irrigation system restoration
BASIC SERVICES • Preliminary Design Memorandum • Final design • Bid phase services • Construction phase services ADMINISTRATIVE MEMORANDUM NO. 4826 PAGE 2
SPECIAL SERVICES • Topographic surveying • Property acquisition surveys and document preparation for up to eight (8) parcels including o Title reports o Legal descriptions of easements or property to be acquired • Level B and Level A Subsurface Utility Engineering Services to identify exact location, horizontally and vertically, of existing utilities within public ROW to minimize or eliminate conflicts and ultimately potential change orders during construction. • Geotechnical Investigation • Allowance for City/Agency Permitting Application Fees
ENGINEERING SERVICES FEE
DESCRIPTION AMOUNT Basic Services $707,565.00 Special Services $442,312.00
Requested Amount $1,149,877.00
FUNDING
FUND(S): Upper East Fork Interceptor System 2016 Construction Fund
City of Plano Proposed Legacy West NTMWD Lift Station Preston Rd Lift Station
DOMINION
HEADQUARTERS
121
LEGACY
HEDGCOXE NTMWD Proposed 24"
TENNYSON Force Main
PARKWOOD DALLAS NORTH TOLLWAY NORTH DALLAS
SPRING CREEK NTMWD Indian Creek Lift Station
MCKAMY MIDWAY
Legend
)" City of Plano Lift Station Construction
NTMWD Wastewater Lift Stations
City of Plano Force Main Construction - Ownership to NTMWD
Proposed Indian Creek Force Main No. 2 PARKER City of Plano Force Main Construction
Indian Creek Force Main No. 2 Project No. 501-0454-17 Administrative Memorandum No. 4826 Ü NORTH TEXAS MUNICIPAL WATER DISTRICT FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4827
UPPER EAST FORK INTERCEPTOR SYSTEM LOWER ROWLETT CREEK AND LOWER COTTONWOOD CREEK LIFT STATION IMPROVEMENTS PROJECT NO. 501-0319-13 AND REGIONAL WASTEWATER SYSTEM ROWLETT CREEK REGIONAL WASTEWATER TREATMENT PLANT PEAK FLOW MANAGEMENT IMPROVEMENTS, PHASE 1 PROJECT NO. 301-0328-13
TABULATION OF BIDS AND AWARD OF CONTRACT
RECOMMENDATION
The Executive Director, NTMWD staff, and CH2M HILL Engineers, Inc., recommend the Board of Directors authorize the award of a contract as follows:
Contractor: Pepper Lawson Waterworks, LLC.
Scope: Construction
Project: No. 501-0319-13, Lower Rowlett Creek and Lower Cottonwood Creek Lift Station (LS) Improvements No. 301-0328-13, Rowlett Creek Regional Wastewater Treatment Plant (RWWTP) Peak Flow Management Improvements, Phase 1
Amount: $ 49,500,000.00
BACKGROUND
PROJECT NO. 501-0319-13 PURPOSE • Provide a new 20 million gallon per day (MGD) lift station to replace the existing Lower Cottonwood Creek LS. • Provide one standby generator to provide backup power for both Lower Rowlett Creek LS and Lower Cottonwood Creek LS. • Provide a new 42-inch Rowlett Creek Interceptor extension to divert the flow from the existing Rowlett Creek Interceptor upstream of the Lower Rowlett Creek LS to the new Lower Cottonwood Creek LS. • Provide a new 30-inch force main from the Lower Cottonwood Creek LS into the Rowlett Creek RWWTP. • Provide new protective liner in the existing 24-inch Lower Cottonwood Creek Outfall sewer from the aerial crossing at Los Rios Golf Course to the new Lower Cottonwood Creek LS.
ADMINISTRATIVE MEMORANDUM NO. 4827 PAGE 2
PROJECT NO. 301-0328-13 PURPOSE • Provide up to 60 MGD of additional peak flow treatment capacity (implemented in multiple phases) to reduce dependence on transfer force main to Wilson Creek RWWTP during high flow events. • The first phase consists of new membrane bioreactor (MBR) filtration process trains, consolidated headworks, wet weather pump station, ultraviolet disinfection and post-aeration for the added peak flow capacity. • First phase MBR process trains add 17.5 MGD of peak flow treatment capacity, increasing the total peak treatment capacity from 60 MGD to 77.5 MGD.
PROJECT COMPONENTS • Project No. 501-0319-13 includes a new Lower Cottonwood Creek LS including the following components: o New wetwell with associated piping and pumps o New 42-inch sanitary sewer with a diversion structure and a Parshall flume vault o Pipe bursting a 24-inch sanitary sewer and installation of new 24-inch pipe and connection to new manholes o Addition of one emergency generator and two electrical buildings o Relocated odor control facility o New retaining wall o New 30-inch force main o Associated electrical and instrumentation and control improvements o Relocation of miscellaneous utilities o Associated site work
• Project No. 301-0328-13 includes modifications and improvements to the existing RWWTP including the following components: o New headworks, grit facility, main flow splitter structure, wet weather pump station, MBR facility, UV disinfection facility, and post-aeration facility o Relocate two existing mechanical screens and washer/compactors from existing headworks o New interceptor diversion structure o New headworks odor control facility o Relocation of two existing odor control facilities o New yard piping, site electrical, civil improvements and miscellaneous structures o Improvements to an existing chlorine contact basin o New server room within the existing Operations Building o Addition of three emergency generators and one electrical building o Improvements and expansion to the plant effluent connection structure o Relocation of existing utilities o Expansion of an existing storm water pond o Associated electrical and instrumentation and control improvements o Demolition and removal of some existing facilities
ADMINISTRATIVE MEMORANDUM NO. 4827 PAGE 3
TABULATION OF BIDS
Sealed bids for construction were received at 2:00 p.m. on Thursday, February 2, 2017, as tabulated below. Total Bid Sum includes Bids for Project Nos. 501-0319-13 and 301-0328-13.
Bidder Bid for Bid for Total Bid Sum Recommendation Project No. Project No. 501-0319-13 301-0328-13 Pepper Lawson Lowest responsible bid Waterworks, LLC. $3,012,500.00 $46,487,500.00 $49,500,000.00 Recommended for Award
Balfour Beatty $4,232,375.00 $49,292,625.00 $53,525,000.00 Infrastructure, Inc.
MWH Constructors, Inc. $4,543,000.00 $50,577,000.00 $55,120,000.00
Cobra-CYMI Industrial $4,684,375.00 $57,045,794.00 $61,730,169.00
ENGINEER’S OPINION OF $5,816,562.00 $44,469,463.00 $50,286,025.00 PROBABLE COST
The lowest responsible bid for Project No. 501-0319-13 includes Bid Alternate No. 3 for extending the depth of the Lower Cottonwood Creek LS wet well by three feet to provide operational flexibility of the lift station in the amount of $54,000.00.
The lowest responsible bid for Project No. 301-0328-13 includes: Bid Alternate No. 1 for restoration of disturbed areas in the Los Rios Golf Course north of the plant in the amount of $77,000.00; and Bid Alternate No. 2 for restoration of disturbed areas in the soccer fields south of the plant in the amount of $96,000.00.
LOWEST RESPONSIBLE BIDDER HISTORY
Pepper Lawson Waterworks, LLC., is currently performing work for the NTMWD as shown below: • Wylie Water Treatment Plant Chemical Systems Improvements, Project No. 101-0354-14, Phase 1B; total construction cost of $7,869,020.00. • Wylie Water Treatment Plant Chemical Systems Improvements, Project No. 101-0354-14, Phase 2; total construction cost of $10,999,000.00. • Wylie Water Treatment Plants 1 and 2 Sludge Handling Improvements, Project No. 101- 0367-14; total construction cost of $1,738,000.00.
Verification of reference information indicates Pepper Lawson Waterworks, LLC., has successfully completed several similar projects for other major utilities as shown below: • City of Abilene, Hamby WWTP Phase 2 Improvements CMAR (Construction Manager At- Risk), total construction cost of $85,700,000.00. ADMINISTRATIVE MEMORANDUM NO. 4827 PAGE 4
• Trinity River Authority, Central Regional Wastewater System Phase 1 and 2 Plant Rehabilitation, total construction cost of $23,501,456.00. • Brushy Creek Regional Utility Authority, Brushy Creek Regional Water Treatment Plant – Phase 1, total construction cost of $47,658,000.00. • City of Pearland, Reflection Bay Water Reclamation Facility 2 MGD to 6 MGD Expansion and Rehabilitation. Currently under contract scheduled to be completed in 2019 with a construction cost of $44,657,000.00.
Based on their standing as lowest responsive bidder, the information provided and reports by the supplied references, the NTMWD staff and CH2M HILL Engineers, Inc., recommend award of the contract to Pepper Lawson Waterworks, LLC.
FUNDING
FUND(S): Funding for Project No. 501-0319-13 in the amount of $3,012,500.00 is available from the Upper East Fork Interceptor System 2016 Bonds.
Funding for Project No. 301-0328-13 in the amount of $46,487,500.00 is available from the Regional Wastewater System 2016 Bonds.
New Parshall Flume
New 42" Interceptor
Replace Existing 24" Sewer Line New Electric Building New Lower Cottonwood Creek New Lower Cottonwood and Lower Rowlett Creek Lift Creek Lift Station Station Generator
New Lower Cottonwood Creek Lift Station Electrical Building
New 30" Force Main
Legend ) New Sites Pipeline
Lower Rowlett Creek and Lower Cottonwood Creek Lift Station Improvements Ü Project No. 501-0319-13 Administrative Memorandum No. 4827 New Post-Aeration New MBR/UV New MBR System New UV Facility System Generator Structure
New Main New Wet Weather Lift Station Pump Station Generator New Splitter Structure
New Headworks New Headworks and Generator New Headworks Odor Control Facility Electrical Building
Legend New 60" Influent Sewer ) New Sites Pipeline
Rowlett Creek Regional Wastewater Treatment Plant Peak Flow Management Improvements, Phase 1 Project No. 301-0328-13 Ü Administrative Memorandum No. 4827 NORTH TEXAS MUNICIPAL WATER DISTRICT
FEBRUARY 2017 ADMINISTRATIVE MEMORANDUM NO. 4515-8
MATTERS RELATED TO APPROVING A PROTOCOL FOR MEETINGS AMONG THE GOVERNING BODIES AND EXECUTIVE STAFF OF NTMWD’S MEMBER CITIES RESOLUTION NO. 15-31
RECOMMENDATION
In November 2016, the Board of Directors tabled consideration of adoption of Resolution No. 15-31, Resolution Approving a Protocol for Conducting Meetings Among the Governing Bodies and Executive Staff of NTMWD’s Member Cities to Address Matters of Common Concern to Member Cities That May Arise from Time to Time, Including But Not Limited to Matters Related to Board Governance and Matters Related to the 1988 Regional Water Supply Facilities Amendatory Contract between the NTMWD and Its Member Cities until February 2017. It is the recommendation of the Executive Director and NTMWD staff that the Board of Directors take the matter from the table and refer the matter back to the Executive Committee for further review.
BACKGROUND
• In June 2015, the Board of Directors adopted Resolution No. 15-19 authorizing and directing the Executive Committee and the Executive Director to develop a proposed protocol for the Board’s consideration and approval and to dedicate District resources as necessary and sufficient to address the matters identified and other matters as appropriate through a protocol with all of the Member Cities. • On July 13, 2015, President Joe Joplin designated a Special Purpose Committee consisting of the Executive Committee members and three members from the Board of Directors with the charge to: o Develop a protocol for the implementation of the recently adopted Resolution for meetings among the governing bodies and executive staff of NTMWD’s Member Cities, now referred to as Member City Meetings. o Establish a framework for District participation and assistance, as necessary, to promote cooperation and encourage agreement so as to effectively address and resolve matters of concern to the Member Cities. o Provide a framework for discussion between Member Cities and the District, which are not within the realm of matters typically within the exclusive jurisdiction and authority of the Board of Directors, with a resulting non-binding recommendation to the Board of Directors from the Member Cities. • The Special Purpose Committee met from July 2015 through October 2015 to develop the proposed protocol. • The Board of Directors tabled consideration of the proposed protocol on several occasions and most recently on November 17, 2016, until February 2017 to allow additional time to review the proposed protocol.