WEBVTT

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 Okay, it is nine o'clock and we have a quorum for a call to order the City of Denton Public

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 Utilities Board meeting for Monday, January 9th, 2023.

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 The first item is presentations from members of the public.

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 Does anyone wish to speak?

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 Okay, I see none.

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 We're going to change the agenda slightly.

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 We're going to hop into item A for items for individual consideration.

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 So the first item is to receive nominations and hold an election for the chair, vice chair,

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 and secretary.

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 Do we have any nominations?

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 Madam Chairman, I have a question.

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 Yes.

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 How long are the terms for the officers?

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 One year.

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 One year?

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 Because every year we reelect.

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 Okay.

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 We didn't take care of that.

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 I don't remember doing this last year.

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 That's how it's like.

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 It's a term.

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 Didn't we just do this?

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 We have not been taking care of that properly for many years.

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 And I think we did it right last year, so we're going to continue.

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 And then the next item is the calendar.

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 We weren't approving the calendar, so now we're going to start approving the calendar.

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 Thank you.

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 So good question.

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 Okay.

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 Nominations.

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 Unless there's anything else, I propose we keep it the same for a year.

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 I'll second that.

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 I second.

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 Yeah.

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 Okay.

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 All in favor say aye.

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 Aye.

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 Thank you.

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 Now we'll go back to the consent agenda.

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 Does any board member wish to pull an item on the consent agenda?

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 Yes.

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 Item C.

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 Item C.

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 A.

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 And Barbara said A.

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 Any others?

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 All right.

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 So before we go into that, do we have a motion to approve Items B and D?

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 So move.

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 Second.

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 Okay.

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 All in favor say aye.

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 Aye.

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 Did you get who said that, Kim?

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 It was Barbara and then Devin.

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 Okay.

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 We'll take Item A first.

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 Good morning.

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 Good morning, Madam Chair, board members, Krista Foster, customer service.

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 And how can I help?

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 I am aware of this program and know it really is quite helpful, but I will tell you that

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 in the summertime when it gets really hot and if a landlord is paying the utilities

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 and the tenant's supposed to be taking care of that and they don't, the landlord isn't

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 allowed to turn the utilities off, they just have to keep paying.

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 So help me out with that.

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 Sure.

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 And when a customer is setting up service at a new location, we're going to recommend

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 for the protection of all the different parties that the person who's receiving the service

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 is the person who signs for the service.

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 We know that some landlords prefer to keep those as a single bill, but if they're doing

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 that, they assume that risk of liability for creating an all bills paid situation.

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 If the person who's residing there has services in their name and they're having trouble paying

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 their bills, that would make them eligible for programs such as these.

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 So that's what we would always recommend because you cannot legally, and we can't allow them

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 to turn off because the state of Texas does not allow utilities to be shut off in order

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 to try to force an eviction.

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 They have to go through the legal process and get a judge's order.

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 Sure.

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 Okay.

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 Thank you very much.

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 I know that Interfaith Ministries does a really good job with this, and so I am very happy

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 that we work with them.

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 I'm very proud to be able to have a program that will assist all these things like this.

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 Thank you very much.

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 You're very welcome.

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 I move approval.

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 Okay.

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 Do we have a second?

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 Ben seconds.

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 All in favor say aye.

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 Aye.

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 Carried.

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 Item C.

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 I shall await our speaker's arrival.

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 Good morning, PUB Board.

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 Terry Daunty, EASIS and GM at Denton and New Swatley.

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 My question is, this was a fabulous idea and unfortunately we didn't have it in place two

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 years ago.

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 However, what I couldn't tell from the documentation we were provided is what the levels of coverage

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 are they're providing, and what would trigger the application of their covering of such

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 an outage.

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 Sure.

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 These quotes that we receive are based upon Ford prices that are in existence at the time,

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 so this particular quote is a little stale, and before we actually execute the insurance

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 binder, we'd get a refresh on it, hopefully we'd see the number go down, but the coverage

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 limits are still being negotiated.

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 Normally be 15 to 18 million dollars of total coverage for this premium, and the conditions

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 upon which we could draw upon it are very simple.

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 If there's an outage for any reason, whether it's fuel supply or mechanical failure, the

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 first of the 12 units, so each unit's rated at 18.75 megawatts, that's a deductible amount,

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 so we have to have an outage that would be in excess of 18.75 in order to actually file

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 a claim.

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 So in the event of mechanical failure, how many units at the deck would that represent?

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 Well, let's just say we had a transmission issue, we couldn't get any power out of the

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 plant, and it would cover all but one.

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 Very good.

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 Thank you.

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 Yeah.

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 Thank you.

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 Thank you.

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 Any other questions?

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 No, ma'am.

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 Do we have a motion to approve item C?

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 So moved.

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 Okay.

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 And a second?

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 Second.

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 I don't know.

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 Somebody said it.

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 Okay.

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 All in favor say aye.

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 Aye.

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 Okay.

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 That carries.

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 The next item is receive a report, hold a discussion, and give staff direction regarding

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 the 2023 schedule.

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 We had a schedule that looks just fine.

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 It's every second and fourth Monday, except for November and December.

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 Do we have a motion to approve the schedule?

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 So moved.

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 Devin moved.

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 Second?

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 Ben, seconds?

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 All in favor say aye.

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 Aye.

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 Motion carries.

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 After approval of December 2nd, 2022 minutes, have we reviewed the minutes?

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 Do we have a motion to approve the December 12th minutes?

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 Second.

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 Okay.

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 Who seconded?

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 You moved.

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 Ben?

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 Lee seconded.

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 All in favor say aye.

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 Aye.

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 Motion carries.

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 Item D. I know Billy needs to recuse himself from this item.

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 Good morning PUB board members.

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 My name is Scott Fetig.

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 I'm a project manager with Capital Projects, and I'm here today for the consideration

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 of a construction contract award for Neighborhood 7A project.

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 This project is part of the 2019 bonding program, and a little bit of the overview for this

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 project, we will be reconstructing roadways, we'll be doing some sidewalk connectivity,

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 along with wastewater and water upgrades as well.

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 Some of the streets to be included in this project are Bernard, Leslie, Wisteria, and

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 Camellia.

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 So we advertise this project as a CSP, or competitive sealed proposal, once the evaluations

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 were completed, Mountain Cascade came out number one with 92.8 points and a total of

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 just over 7.6 million for cost.

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 So overview of the schedule.

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 We started design and completed it in August of 2022, and of course we're here today for

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 consideration from PUB.

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 And if so approved, we'll move forward with council on January 24th.

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 With approval there, we anticipate a notice to proceed quarter one of 2023.

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 And then we're estimating a final completion of quarter one 2024.

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 And with that, we recommend consideration approval for a construction contract for Neighborhood

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 7A in the not to exceed amount of just over 7.6 million, which does include the 5% project

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 contingency.

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 And with that, I'll open it up for any questions.

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 Yes, I have a question.

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 These streets do not seem to be related to one another, and it seemed a little bit far

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 removed from one another, at least on the map that you presented.

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 I wonder if you could go back to that?

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 Yes, sir.

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 I'm just curious, it doesn't have anything to do with the value of the contract or, you

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 know, the process you're on to go get approval, but I'm just curious why these particular

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 streets, which don't seem to be particularly connected to one another, are all included

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 in this particular package.

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 Right.

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 And so when they look at these, they're looking at OCMI report, of course, which is this OCMI,

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 which is the index, the street condition, the way that the condition that the street

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 is in.

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 So they gauge that they take samples, they look at the street, the subgrade, what the

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 condition looks like, and they value it that way and decide whether or not they want to

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 put it on the bond to be reconstructed.

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 And so they try to group it in areas so we stay in a closer area when we're doing a project.

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 And these, all these streets kind of fell in an area that's relatively close, that all

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 require them to be reconstructed.

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 Okay, so these streets were strictly selected based on their evaluated condition over some

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 period of time.

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 Was that by the designer or by previous?

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 By previous.

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 So they work with the streets department in their group, they send out a contracted company

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 that goes out and takes these samples, evaluates them, and gets that back to the street and

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 then they combine a list and provide that to us to which streets need to be reconstructed.

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 Okay.

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 Thank you.

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 You're welcome.

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 Devin?

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 Yes, sir.

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 Hello.

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 I have two questions.

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 First, the project that was recently approved near Malone, I believe, was construction manager

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 at risk as opposed to the competitive seal bid.

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 Is there a reason why one was selected for that neighborhood and a different one was selected

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 for this neighborhood?

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 I may get Trevor to come up here and answer that one for me.

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 Good morning, everybody.

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 Trevor Crane, Director of Capital Projects.

00:11:18.660 --> 00:11:24.760
 So we evaluate each of those projects really based on complexity, how big they are.

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 Really what it comes down to is really the complexity of the project.

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 So the CMAR is usually a little more expensive on the front end, but you get some more benefits

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 on the back end, and so we really evaluate those and determine if using that CMAR process

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 is really going to be worth that money on the front end.

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 If it's really kind of a straightforward process, then we don't want to kind of spend that money

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 on the front end if we don't necessarily need it.

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 So we evaluate all these projects before we get to that point to determine which one's

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 going to be the best one going forward, whether it's a CSP or that CMAR.

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 Okay.

00:11:57.920 --> 00:12:02.120
 And so in this case, this is a more straightforward project, like I guess the wastewater and

00:12:02.120 --> 00:12:03.880
 water are under the roads is somewhere.

00:12:03.880 --> 00:12:04.880
 Correct, yeah.

00:12:04.880 --> 00:12:09.360
 And so we look at a whole lot of different things, so complexity of what the work is,

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 kind of coordination with different projects that are in the area, coordination with stakeholders,

00:12:16.240 --> 00:12:17.480
 really a lot of things that go in it.

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 So we felt this was a perfect project for a competitive sale proposal instead of the

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 CMAR.

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 And so going forward, we might see both depending on each neighborhood.

00:12:26.960 --> 00:12:27.960
 You will.

00:12:27.960 --> 00:12:28.960
 Yeah, you'll definitely see some.

00:12:28.960 --> 00:12:34.040
 We do have one coming up that's, I think it's 60 million south, or we have two projects

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 that we're going to bundle together because they're very similar work, a lot of coordination,

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 and you will see CMAR.

00:12:40.000 --> 00:12:43.640
 So you'll see both of those, both of those different styles coming forward.

00:12:43.640 --> 00:12:44.640
 Okay.

00:12:44.640 --> 00:12:45.640
 Thank you.

00:12:45.640 --> 00:12:46.640
 Yeah, no problem.

00:12:46.640 --> 00:12:51.000
 And my other question was regarding the project scope mentioned, sidewalk connectivity.

00:12:51.000 --> 00:12:52.220
 Yes, sir.

00:12:52.220 --> 00:12:55.000
 But it doesn't indicate kind of wear or scale.

00:12:55.000 --> 00:12:58.000
 Yeah, I can elaborate on it a little bit.

00:12:58.000 --> 00:13:00.980
 The major connectivity that we're going to see is on Bernard Street.

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 So right now from Parvin there at Edenia Park, it moves north there on the west side of Bernard.

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 We're going to connect that all the way up to Acme, or that there's a piece of it there

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 that just went anew on the east side of Bernard, and we're going to make that a complete connectivity

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 all the way down the park to give them a little safer area for people walking between the park

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 and that area.

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 And is that a one side of the street?

00:13:24.400 --> 00:13:30.760
 Okay, so everything will be on the west side of Bernard from Parvin all the way up to Acme.

00:13:30.760 --> 00:13:31.760
 Okay.

00:13:31.760 --> 00:13:32.760
 Thank you.

00:13:32.760 --> 00:13:33.760
 You're welcome.

00:13:33.760 --> 00:13:34.760
 Other questions?

00:13:34.760 --> 00:13:35.760
 All right.

00:13:35.760 --> 00:13:38.380
 Do we have a motion to approve?

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 So move.

00:13:39.380 --> 00:13:40.380
 Devin moves.

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 Do we have second?

00:13:41.380 --> 00:13:42.380
 Lee seconds.

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 All in favor say aye.

00:13:43.380 --> 00:13:44.380
 Aye.

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 And I'll go find Billy, hang on.

00:13:58.440 --> 00:14:04.520
 The next item is to consider recommending the adoption of an ordinance for the construction

00:14:04.520 --> 00:14:10.800
 of Hickory Creek Interceptor 3 project.

00:14:10.800 --> 00:14:15.400
 Good morning, bird members.

00:14:15.400 --> 00:14:16.400
 My name is Tracy Beck.

00:14:16.400 --> 00:14:20.920
 I'm a project manager with Capital Projects, and today I'd like to discuss a little bit

00:14:20.920 --> 00:14:24.160
 about the Hickory Creek Interceptor Phase 3 with you.

00:14:24.160 --> 00:14:28.040
 Excuse me, ma'am, could you speak up a little bit?

00:14:28.040 --> 00:14:29.040
 I sure can.

00:14:29.040 --> 00:14:30.040
 Thank you.

00:14:30.040 --> 00:14:31.040
 I'll speak in a little bit.

00:14:31.040 --> 00:14:34.480
 Hickory Creek Interceptor Phase 3 is Phase 3.

00:14:34.480 --> 00:14:41.240
 It is continuation of the Phase 1 and 2 on the south end near I-35W, extends approximately

00:14:41.240 --> 00:14:45.080
 9,700 feet, about 1.8 miles to the north.

00:14:45.080 --> 00:14:50.120
 The project is going to be a 30-inch replacement of an existing 12-inch main.

00:14:50.120 --> 00:14:54.640
 The purpose is because the 12-inch is undersized and a little bit aging.

00:14:54.640 --> 00:14:56.760
 The project was designed in-house.

00:14:56.760 --> 00:15:00.240
 We went out for competitive sealed proposals for this project.

00:15:00.240 --> 00:15:06.600
 The recipients were approximately seven of our bidders, and Wilson Contracting was the

00:15:06.600 --> 00:15:12.640
 lowest on scoring, and they were very close on the lowest of overall price as well.

00:15:12.640 --> 00:15:17.240
 The scoring was 88.2 out of 100.

00:15:17.240 --> 00:15:22.440
 The final dollar amount that they presented was 5.7 million and some change, and that

00:15:22.440 --> 00:15:25.920
 includes the 5% contingency.

00:15:25.920 --> 00:15:30.480
 The project's been underway for some years, and we're finally getting it to construction.

00:15:30.480 --> 00:15:31.760
 We have completed the design.

00:15:31.760 --> 00:15:33.520
 We've completed the background work.

00:15:33.520 --> 00:15:37.280
 Today is awarding as well as going to council at the end of the month, and then we look

00:15:37.280 --> 00:15:40.200
 to doing notice of proceed in the first quarter of this year.

00:15:40.200 --> 00:15:44.920
 The project's approximately 13 months long, so we look for having that completed about

00:15:44.920 --> 00:15:49.720
 this time next year, say second quarter of 2024.

00:15:49.720 --> 00:15:55.280
 With that, I'm recommending the award to Wilson Contracting for a bid amount of 5.5 million

00:15:55.280 --> 00:15:56.840
 and some change.

00:15:56.840 --> 00:16:00.040
 That includes the contingency of 5%.

00:16:00.040 --> 00:16:01.040
 Any questions?

00:16:01.040 --> 00:16:02.040
 Questions?

00:16:02.040 --> 00:16:03.040
 Yes.

00:16:03.040 --> 00:16:04.040
 Go ahead, Lee.

00:16:04.040 --> 00:16:08.560
 Why did you decide to do this particular project in-house on design?

00:16:08.560 --> 00:16:14.240
 This was actually designed prior to when I took over, and it's just a legacy project

00:16:14.240 --> 00:16:15.240
 that we're moving out.

00:16:15.240 --> 00:16:19.280
 At some point, I believe that when we look at our staff load, we do like using our internal

00:16:19.280 --> 00:16:20.280
 staff.

00:16:20.280 --> 00:16:22.920
 There's benefits to using internal staff as well.

00:16:22.920 --> 00:16:25.960
 Oh, certainly, I don't have a problem with it.

00:16:25.960 --> 00:16:27.280
 I was just curious.

00:16:27.280 --> 00:16:31.040
 We approved so many design and engineering evaluation contracts.

00:16:31.040 --> 00:16:34.680
 It was just interesting this one was designed in-house, so it's a curiosity question.

00:16:34.680 --> 00:16:37.760
 Trevor Crane, Director of Capital Projects.

00:16:37.760 --> 00:16:42.040
 As these projects come forward from the different stakeholders, we have a process set up where

00:16:42.040 --> 00:16:46.960
 myself and our Deputy City Engineer will evaluate those projects.

00:16:46.960 --> 00:16:51.480
 He runs our in-house engineering department, so depending on what that project looks like,

00:16:51.480 --> 00:16:56.040
 the complexity, whether they have the workload availability, or anything like that, we evaluate

00:16:56.040 --> 00:17:01.440
 those projects and determine, one, we'll make a recommendation to the stakeholder, "Hey,

00:17:01.440 --> 00:17:04.520
 we think this is going to be better for an external project."

00:17:04.520 --> 00:17:09.480
 We look at the schedule that they need, the pricing that is available, funding, those

00:17:09.480 --> 00:17:14.640
 types of things, and whether his team has the availability to do it in-house or not.

00:17:14.640 --> 00:17:18.760
 We evaluate all those projects as they come through from the stakeholders to determine

00:17:18.760 --> 00:17:19.760
 the best path forward.

00:17:19.760 --> 00:17:23.920
 Oh, is it the fact that you are basically improving existing infrastructure, make it

00:17:23.920 --> 00:17:26.160
 a little easier lift in the in-house town?

00:17:26.160 --> 00:17:30.480
 Yeah, this project is really just that 30-inch line.

00:17:30.480 --> 00:17:37.000
 Our engineering team has a lot of experience in designing those types of things.

00:17:37.000 --> 00:17:43.360
 They designed some of the previous ones before, and they had the availability to be able to

00:17:43.360 --> 00:17:48.960
 design it rather quickly, so it just made sense to allow them to do that in-house.

00:17:48.960 --> 00:17:49.960
 Thank you.

00:17:49.960 --> 00:17:50.960
 Yes, sir?

00:17:50.960 --> 00:17:53.760
 I have just one quick, I see we had seven bidders.

00:17:53.760 --> 00:17:59.640
 There was a time when we would not be able to get people to bid, so are things finally

00:17:59.640 --> 00:18:01.960
 loosening up a little bit, where we're getting more ...

00:18:01.960 --> 00:18:09.480
 Yeah, I would say we are seeing a lot of different contractors coming in to bid.

00:18:09.480 --> 00:18:15.140
 This one was, since it was just mainly that one type of work, so you'll see when we bundle

00:18:15.140 --> 00:18:20.640
 a lot of these projects and we have a lot of different types of work in those, then

00:18:20.640 --> 00:18:24.920
 sometimes we don't get as many because they'll have to sub some of those things out.

00:18:24.920 --> 00:18:28.440
 I would say just the complexity of this work is one of the things that allowed it to have

00:18:28.440 --> 00:18:29.440
 that many.

00:18:29.440 --> 00:18:34.940
 I would also say that just the changes that have been made in the last couple of years

00:18:34.940 --> 00:18:39.760
 with the city of Denton, I think a lot of contractors are wanting to get in town and

00:18:39.760 --> 00:18:43.400
 do a lot of work with us just because of some of the things that we've done, the way we

00:18:43.400 --> 00:18:47.000
 deliver projects, and just been a lot easier to work with.

00:18:47.000 --> 00:18:48.000
 Oh, good.

00:18:48.000 --> 00:18:49.000
 That's good for the citizens.

00:18:49.000 --> 00:18:50.000
 Definitely, definitely.

00:18:50.000 --> 00:18:51.000
 Yeah.

00:18:51.000 --> 00:18:52.000
 All right.

00:18:52.000 --> 00:18:53.000
 Any other questions?

00:18:53.000 --> 00:18:54.000
 All right.

00:18:54.000 --> 00:18:55.720
 Do we have a motion to approve item E?

00:18:55.720 --> 00:18:56.720
 Yes.

00:18:56.720 --> 00:18:57.720
 Ben moved.

00:18:57.720 --> 00:18:58.720
 Lee seconded.

00:18:58.720 --> 00:19:00.720
 All in favor, say aye.

00:19:00.720 --> 00:19:01.720
 Aye.

00:19:01.720 --> 00:19:02.720
 Aye.

00:19:02.720 --> 00:19:03.720
 Thank you very much.

00:19:03.720 --> 00:19:04.720
 Management reports.

00:19:04.720 --> 00:19:11.800
 Madam Chair, members of the POB, just to go over future agenda items, obviously we had

00:19:11.800 --> 00:19:14.440
 the officer elections, appreciate that.

00:19:14.440 --> 00:19:18.480
 There was a couple of items listed for today that did not make today's agenda.

00:19:18.480 --> 00:19:24.000
 We are working to get those back to you likely for the next meeting or early February, but

00:19:24.000 --> 00:19:29.440
 on the Lyft station and also the budget and rates for electric, it'll be more of a financial

00:19:29.440 --> 00:19:30.440
 update.

00:19:30.440 --> 00:19:35.440
 And then on the 23rd, we still have scheduled the Greensense program update.

00:19:35.440 --> 00:19:37.120
 We are kind of working through that still.

00:19:37.120 --> 00:19:42.320
 We're still planning to go back to the sustainability committee as a follow up.

00:19:42.320 --> 00:19:46.320
 Our plan is to bring kind of the two presentations that we planned for them and single presentation

00:19:46.320 --> 00:19:47.320
 to you.

00:19:47.320 --> 00:19:53.240
 At the end of the day, we're going to be seeking a recommendation from both the POB and sustainability

00:19:53.240 --> 00:19:59.300
 committee on the Greensense program to go to the council, probably likely in May now

00:19:59.300 --> 00:20:01.440
 or after May.

00:20:01.440 --> 00:20:05.440
 So we'll have plenty of time if there's a need for us to come back and do additional

00:20:05.440 --> 00:20:07.840
 discussions with you, we'll have time to do that.

00:20:07.840 --> 00:20:09.440
 But those are the items on the agenda.

00:20:09.440 --> 00:20:13.720
 Obviously, what's not listed on here is the various budgets for you.

00:20:13.720 --> 00:20:18.880
 We'll be listing those out for the next meeting, but we have kick started some of those processes

00:20:18.880 --> 00:20:21.360
 already internally for all the utilities.

00:20:21.360 --> 00:20:26.000
 So that's on the future agendas and the new business, we still have the first two items

00:20:26.000 --> 00:20:27.520
 that are related to the Greensense program.

00:20:27.520 --> 00:20:31.360
 We hope to be able to address those with you through that process.

00:20:31.360 --> 00:20:37.400
 And there was a request at the last meeting for an update on the ERCOT lawsuit.

00:20:37.400 --> 00:20:41.400
 And we're arguing that the day in closed session after we do this meeting, we'll be meeting

00:20:41.400 --> 00:20:43.920
 downstairs with the city attorney's office.

00:20:43.920 --> 00:20:47.400
 So with that, I'll be happy to answer any questions or there's something else that you'd

00:20:47.400 --> 00:20:49.400
 like to see on a future agenda.

00:20:49.400 --> 00:20:52.640
 Please let us know.

00:20:52.640 --> 00:20:54.120
 Okay.

00:20:54.120 --> 00:20:55.720
 That brings us to concluding items.

00:20:55.720 --> 00:21:02.560
 Does any board member wish to add a future agenda item or have anything to say?

00:21:02.560 --> 00:21:04.440
 Seeing none.

00:21:04.440 --> 00:21:05.440
 Okay.

00:21:05.440 --> 00:21:12.400
 And we'll go into the closed meeting and legal gave me a nice little thing that I can say.

00:21:12.400 --> 00:21:18.680
 The Public Utilities Board will now at 921 a.m. convene into a closed meeting to deliberate

00:21:18.680 --> 00:21:23.080
 the closed meeting item set forth on the agenda, which include the following.

00:21:23.080 --> 00:21:30.160
 APUB 23008, deliberations regarding certain public power utilities competitive matters

00:21:30.160 --> 00:21:37.360
 under Texas government code section 551.086, consultation with attorneys under U.S. Texas

00:21:37.360 --> 00:21:41.400
 government code section 551.071.

