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HomeMy WebLinkAboutItem 12 - Reservoir Accounting PlanITEM r 12Z MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGE MEETING DATE: SEPTEMBER 16, 2003 SUBJECT: ENGINEERING SERVICES CONTRACT AND INTERLOCAL AGREEMENT - LAKE GRAPEVINE RESERVOIR ACCOUNTING PLAN RECOMMENDATION: City Council consider approval of an engineering services contract with Nationwide Water Resources Inc. an Interlocal Agreement with the City of Dallas and Dallas County Park Cities Municipal Utility District addressing a Reservoir Accounting Plan for Lake Grapevine, authorize the City Manager to execute the necessary documents, and take any necessary action. FUNDING SOURCE: The City of Grapevine will enter into the above noted contract and Interlocal Agreement and will be reimbursed by Dallas County Park Cities Municipal Utility District and the City of Dallas by 1/3 each, for the cost of services included within the Scope of Services of Attachment A. The accompanying Interlocal Agreement provides for the reimbursement mechanism. Funds for Grapevine's portion of the contract are provided for in the following Utility Fund accounts in the FY2004 budget: Division Water Distribution Water Treatment BACKGROUND: Account Number: Amount 200-44540-530-1 $26,150 200-44540-530-2 $87,888 The City of Grapevine, Park Cities Municipal Utility District and the City of Dallas contested various water rights issues granted by the State of Texas for water in Lake Grapevine. The three entities possess water rights from Lake Grapevine and the main contested issue was who received water from the lake during the time of drought. A September 10, 2003 (9:54AM) settlement was reached to resolve the various issues. One of the points of resolution is a Lake Grapevine Reservoir Accounting Plan. The accounting plan approved by the Texas Commission of Environmental Quality provides the accounting methodology for apportionment of the Lake Grapevine water supply between the three water rights owners, including ongoing maintenance of water use and storage account balances for the parties. During a time of drought when water inflow into Lake Grapevine is less than the total amount of water rights granted, the plan will apportion water to the three parties. The plan is to be administered by a mutually agreed upon, uninterested party. Nationwide Water Resource Services is an engineering firm that specializes in water resource planning and was found to be acceptable by all three parties. The contract will provide plan setup, maintenance of monthly account balances and miscellaneous account management services. Grapevine will enter into the contract and will be reimbursed by Dallas County Park Cities Municipal Utility District and the City of Dallas on a 1/3 each basis. The following is a "not to exceed" task budget: Task Cost Plan Setup $12,780 Monthly Account Balances $ 2,000 Misc. Account Management $ 3,000 Grapevine will be responsible as follows: Task Cost Plan Setup $4,260 Monthly Account Balance $ 667 Cost Apportionment Each party responsible for 1/3 Each party responsible for 1/3 Subject to requesting party One time fee (1/3 of total) Monthly fee (1/3 of total) The City Attorney has reviewed the contract and Interlocal Agreement and found them to be acceptable. Staff recommends approval of the contract with Nationwide Water Resource Services and the Interlocal Agreement between Grapevine, City of Dallas and Dallas County Park Cities Municipal Utility District. MS.ms September 10, 2003 (9:54AM) INTERLOCAL AGREEMENT FOR LAKE GRAPEVINE RESERVOIR ACCOUNTING PLAN THE STATE OF TEXAS )( COUNTIES OF TARRANT And DALLAS )( THIS AGREEMENT, is made and entered into by the CITY OF GRAPEVINE, TEXAS, a Home Rule municipal corporation, hereinafter referred to as "GRAPEVINE", the CITY OF DALLAS, TEXAS, a Home Rule municipal corporation, hereinafter referred to as "DALLAS", and the DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT, a general law municipal utility district, hereinafter referred to as "PARK CITIES", each acting by and through its duly appointed representative: WITNESETH: WHEREAS, GRAPEVINE, DALLAS, and PARK CITIES (hereinafter collectively referred to as the "Parties") are holders of water rights in the Lake Grapevine Reservoir, and WHEREAS, the Texas Commission on Environmental Quality, has approved a Lake Grapevine Reservoir Accounting Plan, which provides for the apportionment of the Lake Grapevine water supply between the Parties; and WHEREAS, the Parties are desirous of contracting for the services of administering the Lake Grapevine Reservoir Accounting Plan, and WHEREAS, the Parties desire to enter into this agreement to administer the Lake Grapevine Reservoir Accounting Plan in accordance with the terms and conditions set forth herein, and WHEREAS, all payments to be made hereunder shall be made from the current revenues available to the paying party; and WHEREAS, the Parties have concluded that this Agreement fairly compensates the performing party for the services being provided hereunder; and WHEREAS, the Parties believe that this Agreement is in the best interests of the Parties; and WHEREAS, this Agreement has been approved by the governing bodies of the Parties; and WHEREAS, this agreement shall be in conformance with Chapter 791 of the Texas Government Code, more commonly known as the "Interlocal Cooperation Act". NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE FOLLOWING: Section l . All matters stated above in the preamble are found to be true and correct and are 0 incorporated herein by reference as if copied in their entirety. Section 2. Term. This agreement shall be for an initial term of twenty four (24) months commencing on , 2003, and ending , 2005, and may be extended thereafter for up to four (4) additional two (2) year periods by mutual consent of the Parties. However, in accordance with the Texas Interlocal Cooperation Act, this Agreement shall be subject to approval by the governing bodies of the Parties on at least an annual basis in order that it shall remain in force and funds budgeted therefore. Section 3. Scope of Services. GRAPEVINE. GRAPEVINE hereby agrees to provide the following services: GRAPEVINE shall solicit proposals for and retain the services of a qualified firm to administer the Lake Grapevine Reservoir Accounting Plan, in accordance with the requirements of State law. Grapevine shall provide all proposals to Dallas and Park Cities and upon mutual agreement with the agreed upon Service Provider, GRAPEVINE shall enter into an agreement substantially in the form of Attachment "A" which is incorporated herein by reference. During the Initial Term, it is hereby agreed by the parties that Nationwide Water Resource Services, Inc. is the agreed upon Service Provider. As the contracting party, GRAPEVINE shall be responsible for performing its obligations under the agreement contained in Attachment A, subject to the adherence of the Parties to the terms of this Agreement. Section 4. Obligations of the Parties. The Parties agree to pay the for services of the contractor selected by Grapevine on a equal basis, 1/3 each for services included within the Scope of Services of Attachment A, in accordance with and subject to the terms of the agreement in Attachment A. Special consulting services under Attachment A, shall be paid solely by the party requesting such special services. Section 5. Cancellation. Any party shall have the right to terminate this agreement by giving written notice to the other party at least thirty (30) days prior to such termination. All payments by the Parties shall continue until the cancellation date is reached unless a mutual agreement to the contrary is reached. Section 6. Notices. All written notices shall be sent to the following parties by certified mail — return receipt requested: DALLAS GRAPEVINE Director of Water Utilities Matt Singleton City of Dallas Assistant Director of Public Works 1500 Marilla City of Grapevine Room 4AN P.O. Box 95104 Dallas, TX 75201 DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT Larry McDaniel General Manager 1811 Regal Row Dallas, TX 75235 Grapevine, TX 76099 Section 7. Venue. Venue for any legal dispute arising pursuant to this agreement shall lie in Dallas or Tarrant County, Texas. Section 8. The Parties mutually agree that the Service Provider with which GRAPEVINE contracts for the administration of the Lake Grapevine Reservoir Accounting Plan is an independent contractor, and shall have exclusive control of the performance of the agreement attached hereto as Attachment A, and that employees of such Service Provider are in no way are to be considered employees of the Parties. Section 9. This Agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration be reduced to writing, and approved by the governing bodies of the Parties IN WITNESS WHEREOF, we have hereunto set our hands this the day of , 2003, in triplicate originals. CITY OF GRAPEVINE, TEXAS By: Roger Nelson City Manager ATTEST: By: Linda Huff City Secretary CITY OF DALLAS, TEXAS By: City Manager ATTEST: By: City Secretary 3 APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT By: Larry McDaniel General Manager ATTEST: I: APPROVED AS TO FORM: m. General Counsel, Lm City Attorney June 23, 2003 Mr. Jerry L. Hodge Director of Public Works City of Grapevine P.O. Box 95104 Grapevine, TX 76099 NWRS Proposal No. 02-08-001 RE: Letter Agreement for Administration of Lake Grapevine Reservoir Accounting Plan Dear Mr. Hodge: In response to our previous discussions with the City of Grapevine, Dallas County Park Cities Municipal Utility District, and the City of Dallas, Nationwide Water Resource Services, Inc. (NWRS) is pleased to submit this proposal and Letter Agreement for the administration of the Lake Grapevine Reservoir Accounting Plan. The TCEQ-approved plan provides the accounting methodology for apportionment of the Lake Grapevine water supply between the three water rights owners, including ongoing maintenance of water use and storage account balances for the three entities. NWRS's proposed Scope of Services is presented in Attachment A. The proposed scope is based on a draft scope prepared in Fall 2002, which has been revised to incorporate written comments by the water rights owners and the results of a scoping meeting held at Dallas County Park Cities MUD's offices on October 15, 2002. We understand that NWRS will enter into this Letter Agreement with the City of Grapevine for the specified Scope of Services, and that the City of Grapevine and the other two entities (Dallas County Park Cities MUD and the City of Dallas) will execute interlocal agreements regarding payments for the scoped services, which are to be divided equally between the three parties. Based on the October 15, 2002 scoping meeting, it is further understood that any "special" consulting service requests by (or specific to) a single party (i.e., services involving Lake Grapevine which are beyond the defined Scope of Services and are requested by only one of the three water rights owners) will be charged only to the requestor under a separate agreement. Mr. Jerry L. Hodge June 23, 2003 Page 2 of 4 NWRS proposes to perform the specified Scope of Services on a time -and -materials reimbursable basis in accordance with our Standard Rate Schedule (Attachment B). Invoices will be submitted to the City of Grapevine on a monthly basis. As noted in the Scope of Services (Attachment A), the required level of ongoing monthly effort necessary for administration of the Reservoir Accounting Plan will vary, depending on Lake Grapevine water levels and whether or not the Reservoir Accounting Plan model needs to be executed under Task 2. In addition, Task 3 (Miscellaneous Account Management Services) is a general services task for revisions, updates, coordination, liaison, special summaries and data compilations, etc. For planning and contractual purposes, the following not -to -exceed task budgets are recommended : • Task 1 (Initial Plan Setup, Methodology and Implementation): $12,780 • Task 2 (Maintenance of Monthly Account Balances): $2,000/month • Task 3 (Miscellaneous Account Management Services): $3,000 NWRS proposes a two-year contract period, if agreeable to the three parties. As noted previously, any "special" services involving Lake Grapevine requested separately by any of the three parties will be subject to specific authorization and payment by the requesting party under a separate agreement. Work products to be prepared by NWRS under the terms of this Letter Agreement, or provided by the City of Grapevine, Dallas County Park Cities MUD and the City of Dallas for use by NWRS in conjunction with the Lake Grapevine Reservoir Accounting Plan, including data, engineering documentation, computer files, and supporting documentation, shall be kept confidential, and may not be made available to any individual or organization by NWRS without prior written approval by the three parties to the interlocal agreements. However, the City of Grapevine acknowledges that periodic data submittals and reports to the Texas Commission on Environmental Quality (TCEQ) shall become public information upon their submittal to the agency. Mr. Jerry L. Hodge June 23, 2003 Page 3 of 4 In connection with the professional services outlined above, it is agreed that either the City of Grapevine or NWRS may cancel or terminate this Letter Agreement upon 30 days written notice to the other party, with the provision and understanding that immediately upon receipt of notice of such cancellation or termination from either party to the other, all work and labor being performed under this Letter Agreement shall immediately cease, pending final cancellation at the end of such 30 -day period. It is further provided that, before the end of the 30 -day period immediately following receipt of a cancellation or termination notice, NWRS shall invoice the City of Grapevine for all work completed and shall be compensated in accordance with the terms of this Letter Agreement for all work accomplished by NWRS prior to the receipt of said notice. NWRS shall maintain comprehensive general and automobile liability insurance coverage, including $2,000,000 aggregate, $1,000,000 combined single limit for bodily injury and property damage, and statutory workers' compensation coverage of $500,000, and shall provide certificates of coverage, including renewals, to the City of Grapevine, City of Dallas and Dallas County Park Cities MUD. The City of Grapevine, City of Dallas and Dallas County Park Cities MUD shall be named as additional insureds with respect to NWRS's comprehensive general and automobile liability insurance coverages. This Letter Agreement is entered into subject to the Charter and Ordinances of the City of Grapevine, as amended by applicable Federal and Texas State laws. Exclusive venue for any litigation which may be filed by either party hereto in connection with this Letter Agreement shall be in Tarrant County, Texas. This Letter Agreement shall be deemed personal to NWRS and shall not be subcontracted or assigned to any other party without written approval by the City of Grapevine and the other parties to the interlocal agreements (Dallas County Park Cities MUD and City of Dallas). The City of Grapevine, Dallas County Park Cities MUD and City of Dallas may review any work products prepared by NWRS in conjunction with this Letter Agreement. The relationship of NWRS to the City of Grapevine is that of Independent Contractor. Mr. Jerry L. Hodge June 23, 2003 Page 4 of 4 Please acknowledge the City's acceptance of this Letter Agreement, including Attachments A and B, by signing in the space provided below and returning one executed copy to our office. NWRS's receipt of the executed copy will serve as our written Notice to Proceed with the specified Scope of Services. NWRS appreciates the opportunity to provide these services to the City of Grapevine, Dallas County Park Cities Municipal Utility District and the City of Dallas. Please contact me at 972/490-6977 if you have questions or need any additional information. We look forward to working with you. Yours truly, NATIONWIDE WATER RESOURCE SERVICES, INC. Gary M. Pettit, P.E. President Attachment A - Scope of Services Attachment B — Standard Rate Schedule AUTHORIZATION: 0-0 Title: CITY OF GRAPEVINE, TEXAS Date: ATTACHMENT A SCOPE OF FOR • i t;3 V ION • s _ Nationwide Water Resource Services, Inc. (NWRS) will perform this Scope of Services for the initial implementation and ongoing accounting of the Lake Grapevine Reservoir Accounting Plan. The subject plan, which has been approved by the Texas Natural Resource Conservation Commission (TNRCC) [now the Texas Commission on Environmental Quality (TCEQ)], Dallas County Park Cities MUD, the City of Dallas, and the City of Grapevine, provides the accounting methodology for the apportionment of the Lake Grapevine water supply between the three water rights owners, including ongoing maintenance of account balances for the three entities. The Scope of Services addresses: • the initial setup and implementation of the plan (Task 1); • ongoing maintenance of the storage account and use account balances (Task 2); and • miscellaneous services related to administration of the accounting plan (Task 3). Specific services to be performed by NWRS, Inc. with regard to the Lake Grapevine Reservoir Accounting Plan are detailed in the following sections. TASK 1 - INTITIAL ACCOUNTING PLAN SETUP, METHODOLOGY, AND IMPLEMENTATION (1) Detailed review of approved Reservoir Accounting Plan and pertinent documents, Certificates of Adjudication, amendments, water supply contracts, and physical/technical information regarding the operation of Lake Grapevine and water supply usage by the three entities; (2) Meetings, communication, and project coordination with Park Cities MUD, City of Dallas, and City of Grapevine regarding implementation of the Reservoir Accounting Plan, underlying technical and physical considerations (e.g., updated lake survey, proposed installation of streamflow gage downstream of Grapevine Dam, etc.), data collection and transmittal protocols in support of the accounting plan, and record keeping; 1 (3) Review of previously -developed accounting plan computational methodologies and spreadsheets (prepared by or for Park Cities MUD, City of Dallas, and City of Grapevine), if available, for applicability and possible incorporation into the current Reservoir Accounting Plan; (4) Development, testing, and finalization of the Reservoir Accounting Plan model for performance of the ongoing maintenance of water storage account balances and water use accounts for each entity (Task 2); the model will be tested for computational accuracy and adherence to the approved accounting plan using historical monthly data for the period July 24, 2002 to current (corresponding to the period since the reservoir was last full to elevation 535 ft msl). The model may be based on previously -developed model(s), as reviewed under Item (3), if applicable, with modifications as necessary to reflect the current approved Reservoir Accounting Plan and updated elevation -area - capacity data for the reservoir based on a 2002 survey conducted by the Texas Water Development Board (TWDB); (5) Following development and verification of the monthly model, a weekly/daily model will be formulated to evaluate daily data needs and protocols; and (6) Coordination with Park Cities MUD, City of Dallas, and City of Grapevine with regard to the selected model output, format, and presentation for use in the ongoing Reservoir Accounting Plan implementation and record keeping. TASK 2 - MAINTENANCE OF MONTHLY ACCOUNT BALANCES (1) Ongoing project coordination, data management, and input of monthly record transmittals from Park Cities MUD, the City of Dallas, and the City of Grapevine in support of the Reservoir Accounting Plan implementation; (2) Management of pertinent physical data for Lake Grapevine evaporation, releases, and spillway discharges for use in the plan accounting (National Weather Service, U.S. Army Corps of Engineers, U.S. Geological Survey, etc.); daily reservoir operation data from the Consolidated Operating Report shall be provided by Dallas Water Utilities to NWRS via email transmittal; (3) Execution of the Reservoir Accounting Plan model, based on input from the three water supply entities and pertinent physical data (evaporation records, streamflow records, etc.) on a monthly basis, as dictated by the approved plan; accounting is to begin when Lake Grapevine reaches elevation 530 ft msl (five feet below the top of the conservation pool) and will cease when the lake refills to the top of the conservation pool (535 ft msl); 2 (4) Preparation of monthly summary data for reservoir storage account and use account balances and transmittal to the three water supply entities; and (5) Preparation of an annual summary report, with the use and storage account balances tabulated by month, for submittal to the TCEQ. TASK 3 — MISCELLANEOUS ACCOUNT MANAGEMENT SERVICES (1) Revisions to update the Reservoir Accounting Plan model on as -needed basis in response to new or updated data sources (e.g, proposed streamflow gage downstream of Grapevine Dam, etc.); (2) Coordination, meetings, and general liaison with any or all of the three water supply entities (Park Cities MUD, City of Dallas, City of Grapevine) and TNRCC with regard to the Lake Grapevine Reservoir Accounting Plan; and (3) Special reports, summaries, or data compilations in response to requests by the water supply entities or the TCEQ; and (4) Any other technical services specific to the Lake Grapevine Reservoir Accounting Plan not listed in the preceding task descriptions. 3 ATTACHMENT B NATIONWIDE WATER RESOURCE SERVICES, INC. STANDARD RATE SCHEDULE Personnel: Personnel costs for time -and -materials services are reimbursed on an hourly basis in accordance with the following rate schedule: Principal Engineer $128 - 148/hr Senior Engineer $ 95 - 135/hr Project Engineer $ 78 - 105/hr CADD Support/Technician $ 42 — 60/hr Clerical/Administrative Support $ 24 — 35/hr Travel and Subsistence: Travel and subsistence expenses are invoiced at actual cost plus a handling charge of 15 percent. Cost of mileage is computed at a rate of 34 cents per mile. In -Office Photocopies and Computer Printouts: $0.10/page plus handling charge of 15 percent. Purchased Services: All purchased services and expendable supplies are invoiced at actual cost plus a handling charge of 15 percent. Purchased services include, but are not limited to, subcontractors, reproduction, computer time, rented or leased equipment, and long distance telephone. Invoice Terms: Invoices for all services rendered are payable net 30 days. RATES (Effective 06/01/02)