1998-334AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ALAN
PLUMMER ASSOCIATES, INC FOR PROFESSIONAL SERVICES REGARDING
DENTON'S WASTEWATER TREATMENT AND SOLID WASTE DISPOSAL LONG TERM
FACILITY/LAND USE PLANNING EVALUATION AND OTHER PROFESSIONAL
ENGINI~ERING SERVICES REGARDING THE PECAN CREEK WRP, AUTHORIZING
THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Courted deems it m the pubhc ~nterest to employ Alan Plummet
Associates, Illc tO prowde professional englneermg services for Denton's wastewater treatment
and sohd waste d~sposal, long term facility/land use planmng evaluanon and alternative
d~smfect~on strategies evaluation for the Pecan Creek WRP, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager ~s hereby authorized to execute the attached
Professional Service Agreement for Denton's Wastewater Treatment and Sohd Waste D~sposal,
Long Term Facility/Land Use Planning Evaluanon and AlternaUve D~s~nfectant Strategies
Evaluation for the Pecan Creek WRP w~th Alan Plummer Associates, Inc, which attached
Agreement ~s made a part of th~s ordinance for all purposes
SECTION II. That the C~ty Council hereby authorizes the expenditure of funds m the
manner and amount as specified ~n the agreement
SECTION III. That th~s Ordinance shall become effective ~mmedlately upon its passage
and approval
PASSED AND APPROVED th~s the _~ day of
JAI~MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
/
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PROFESSIONAL SERVICES AGREEMENT
FOR DENTON'S WASTEWATER TREATMENT AND SOLID WASTE DISPOSAL
LONG TERM FACILITY/LAND USE PLANNING EVALUATION AND
ALTERNATIVE DISINFECTION STRATEGIES EVALUATION FOR THE PECAN
CREEK WATER RECLAMATION PLANT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT ~s made and entered ~nto as of the ~--~ day of
/~ff~bL/~F' , 19 ~:~, by and between the C~ty of Denton, Texas, a Texas mun, mpal
corporation, w~th ~ts pnnc~pal office at 215 East McK~nney Street, Denton, Denton County,
Texas 76201, hereinafter called "OWNER" and Alan Plummet Associates, Inc, with Its
corporate office at 7524 Molser View Court Suite 200, Fort Worth, Texas 76118, hereinafter
called "CONSULTANT," acting herein, by and through their duly authorized representatives
WITNESSETH, that m consideration of the covenants and agreements here~n contmned,
the part,es hereto do mutually agree as follows
ARTICLE [
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an ~ndependent contractor,
and the CONSULTANT hereby agrees to perform the services here~n ~n connectmn wtth the
Project as stated in the secttons to follow, with diligence and in accordance with the professional
standards customarily obtained for such services ~n the State of Texas The professtonal services
set out hereto are in connection with the following described project
Provide engmeenng services for developing a 50 year plan for wastewater treatment and
landfill expanmon For wastewater treatment services evaluate options of add,tonal wastewater
treatment capacity at the Pecan Creek Water Reclamation Plant (WRP) or a new plant site,
~mpact of dlsmfectmn alternatives on wastewater reuse, and d~s~nfectmn alternatives at the WRP
For the landfill evaluate ex~st~ng landfill s~te, vehicle storage and mmntenance faclhty, personnel
facility, compostlng operations, material recovery facd~ty, future expansion and land purchase
recommendations for the 50 year time horizon
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner
A To perform all those servmes set forth in CONSULTANT's Scope of Work, which
proposal is attached hereto and made a part hereof as Exhibit "A" as if written word for
word here~n
B If there is any conflmt between the terms of this Agreement and Exhibit "A" attached to
th~s Agreement, the terms and conditions of this Agreement will control over the terms
and condxtlons of the attached exhibits or task orders
ARTICLE III
ADDITIONAL SERVICES
Addlt~onal servmes to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described as
follows
A Dunng the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting w~th the Texas Natural
Resource Conservation Comm~ssion, U S Environmental Protection Agency, or other
regulatory agencies The CONSULTANT will assist OWNER's personnel on an as-
needed basis ~n prepanng comphance schedules, progress reports, and providing general
techmcal support for the OWNER's compliance efforts
B Assisting OWNER or contractor in the defense or prosecution of httgatlon ~n connection
w~th or ~n addition to those services contemplated by this Agreement Such services, if
any, shall be furmshed by CONSULTANT on a fee basis negotiated by the respective
part, es outside of and in addition to this Agreement
C Sampling, testing, or analysis beyond that specifically included in Basic Services
D Prepanng applications and supporting documents for government grants, loans, or
planmng advances and providing data for detailed applications
E Appeanng before regulatory agencies or courts as an expert witness in any htlgat~on w~th
third partxes or condemnation proceedings arising from the development or construction
of the ProJect, including the preparation of eng~neenng data and reports for assistance to
the OWNER
F Providing geotectmlcal lnvesngaUons for the site, including soil bonngs, related analyses,
and recommendations
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain m fome for the period whmh may reasonably be reqmred for the completion of the
ProJect, ~ncludlng Additional Services, if any, and any required extensions approved by the
OWNER This Agreement may be sooner terminated in accordance with the provisions hereof
Page 2
Ttme ts of the essence ~n thts Agreement The CONSULTANT shall make all reasonable efforts
to complete the servmes set forth hereto as expedtttously as possible and to meet the schedule
estabhshed by the OWNER, acttng through tts C~ty Manager or hts destgnee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" ~s defined as expenses tncurred by the CONSULTANT tn
employment of others m outstde firms for servtces tn the nature of professional
engineering
2 "Dtrect Non-Labor Expense" ts defined as that expense for any asstgnment
~ncurred by the CONSULTANT for supphes, transportatton and eqmpment,
travel, commumcattons, subsistence, and lodgtng away from home, and strmlar
mctdental expenses ~n connection wtth that asstgnment
B BILLING AND PAYMENT For and in constderatton of the professtonal servtces to be
performed by the CONSULTANT heretn, the OWNER agrees to pay, based on the cost
estimate detml at an hourly rate shown ~n Exhtb~t "A" whtch ts attached hereto and made
a part of th~s Agreement as ff written word for word heretn, a total fee, tncludtng
retmbursement for dtrect non-labor expenses not to exceed $52,936
Parttal payments to the CONSULTANT wtll be made on the basts of detailed monthly
statements rendered to and approved by the OWNER through tts Ctty Manager or hts
demgnee, however, under no ctrcumstances shall any monthly statement for servtces
exceed the value of the work performed at the ttme a statement ~s rendered The
OWNER may wtthhold the final five percent (5%) of the contract amount until
completmn of the Project
Notbang contmned m thts Artmle shall reqmre the OWNER to pay for any work whmh ~s
unsatisfactory, as reasonably detenmned by the C~ty Manager or h~s destgnee, or wtuch ~s
not subrmtted tn comphance w~th the terms of thts Agreement The OWNER shall not be
reqmred to make any payments to the CONSULTANT when the CONSULTANT ts tn
default under thts Agreement
It ~s spemfically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to thts Agreement which would reqmre addtttonal
payments by the OWNER for any charge, expense, or rmmbursement above the
maximum not to exceed fee as stated, wtthout first hamng obtatned written authorization
from the OWNER The CONSULTANT shall not proceed to perform the servtces hsted
tn Article III "Additional Services," without obtalmng prior written authorization from
the OWNER
Page 3
C ADDITIONAL SERVICES For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown In Exhibit "A" Payments for additional services shall
be due and payable upon submission by the CONSULTANT, and shall be in accordance
with subsection B hereof Statements shall not be submitted more frequently than
monthly
D PAYMENT If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT wall be increased by
the rate of one percent (1%) per month from the said sixtieth (60th) day, and, in addition,
the CONSULTANT may, after giving seven (7) days' written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, m accordance with thas
Article V, "Compensation"
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in dlscovenng and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retain copies of all such documents The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to flus Project, and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement an another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER CONSULTANT shall not have or claim any right arising from
employee status
P~e4
INDEMNITY AGREEMENT
The CONSULTANT shall Indemnify and save and hold harmless the OWNER and ItS
officers, agents, and employees from and against any and all habfllty, claims, demands, damages,
losses, and expenses, lnchid~ng, but not hmlted to court costs and reasonable attorney fees
incurred by the OWNER, and mcluchng, without hmitat~on, damages for bodily and personal
injury, death and property damage, resulting from the neghgent acts or omissions of the
CONSULTANT or ~ts officers, shareholders, agents, or employees ~n the execution, operation, or
performance of this Agreement
Nothmg m this Agreement shall be construed to create a habfllty to any person who ,s not
a party to th~s Agreement, and nothing herein shall wmve any of the part~es' defenses, both at
law or eqmty, to any claim, cause of action, or lmgat~on filed by anyone not a party to this
Agreement, ~neludlng the defense of governmental tmmtm~ty, which defenses are hereby
expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the services under this Agreement, CONSULTANT shall
mmntam the following insurance w~th an insurance company hcensed to do bustness ~n the State
of Texas by the State Insurance Commission or any successor agency that has a rating w~th Best
Rate Careers of at least an A- or above
A Comprehensive General L~abfl~ty Insurance w~th bodily tnjury limits of not less than
$500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 ~n the aggregate
B Automobile Lmhihty Insurance w~th bodily ~njury hmlts of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
hmlts of not less than $100,000 for each accident
C Worker's Compensation Insurance in accordance w~th statutory reqmrements, and
Employers' L~ablhty Insurance w~th limits of not less than $100,000 for each accident
D Professional Lmhihty Insurance with hmlts of not less than $1,000,000 annual aggregate
E The CONSULTANT shall furnish ~nsurance certfficates or insurance pohmes at the
OWNER's request to ewdence such coverages The ~nsurance pohc~es shall name the
OWNER as an additional insured on all such pohcles except professional habfllty and
Worker's Compensation, and shall contain a prowslon that such ~nsurance shall not be
canceled or modffied wtthout thirty (30) days' prior written notice to OWNER and
Page 5
CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of
the change or cancellation, serve substitute pohcles furmsh~ng the same coverage
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any d~sputes under th~s Agreement by submitting the
d~spute to arbitration or other means of alternate dispute resolution, such as mediation No
arbitration or alternate d~spute resolution arising out of or relating to this Agreement, ~nvolwng
one party's d~sagreement, may ~nclude the other party to the disagreement w~thout the other's
approval
TERMINATION OF AGREEMENT
A Notwithstanding any other proms~on of th~s Agreement, either party may terminate by
g~vmg thirty (30) days' advance written not~ce to the other party
B Th~s Agreement may be terminated ~n whole or ~n part xn the event of rather party
substantially fmllng to fulfill its obhgat~ons under this Agreement No such termination
wall be affected unless the other party ~s g~ven (1) written notme (dehvered by certified
mml, return recetpt requested) of ~ntent to tenmnate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
fadure, and (2) an opportumty for consultation w~th the terminating party prior to
termmatton
C If the Agreement ts terminated prior to completion of the services to be prowded
hereunder, CONSULTANT shall ~mmedmtely cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination The
OWNER shall pay CONSULTANT for all servmes properly rendered and satisfactorily
performed and for reimbursable expenses to termination ~ncurred prior to the date of
termination, ~n accordance w~th Article V "Compensation" Should the OWNER
subsequently contract w~th a new consultant for the continuation of services on the
ProJect, CONSULTANT shall cooperate in prowdlng ~nformat~on The CONSULTANT
shall turn over all documents prepared or fumxshed by CONSULTANT pursuant to th~s
Agreement to the OWNER on or before the date of termination, but may malntmn copies
of such documents for ~ts use
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and habd~ty of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work, nor shall such approval be deemed to be an assumption of such respons~bdlty by the
Page 6
OWNER for any defect in the design or other work prepared by thc CONSULTANT, ItS
employees, subcontractors, agents, and consultants
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mall, return receipt requested, unless otherwise
specified herein Mailed notices shall be deemed communicated as of three (3) days' mailing
To CONSULTANT To OWNER
Lee Head, Pnnclpal City of Denton
Alan Plummer Associates, Inc Howard Martin
7524 Mosler View Court Assistant City Manager/Utthtles
State 200 215 East McKmney
Fort Worth, Texas 76118 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice ~s
given, or within three (3) days' mailing
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of 10 pages and 1 exhibit, constitutes the complete and final
expression of the agreement of the parties, and ~s intended as a complete and exclusive statement
of the terms of their agreements, and supersedes all prior contemporaneous offers, promises,
representations, negotiations, discussions, communications, and agreements which may have
been made in connection with the subject matter hereof
ARTICLE XVI
SEVERAB1LITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision
Page 7
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
heremafter be amended
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not dlscnmmate
against any person on the basis of race, color, religion, sex, national ongm or ancestry, age, or
physical hamhcap
xix
PERSONNEL
A The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER CONSULTANT shall inform the OWNER of any conflmt of interest or
potentml conflict of interest that may arise during the term of this Agreement
B All servmes required hereunder will be performed by the CONSULTANT or under its
supervision All personnel engaged in work shall be quahfied, and shall be authorized
and permitted under state and local laws to perform such services
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the OWNER
ARTICLE XXI
MODIFICATION
No wmver or modification of this Agreement or of any covenant, condition, or hmltation
herein contmned shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any wmver or modification shall be offered or received m evidence
in any proceeding arising between the part~es hereto out of or affecting this Agreement, or the
rights or obhgat~ons of the parties hereunder, and unless such waiver or modfficatlon is in
writing and duly executed, and the part,as further agree that the provisions of this section will not
be waived unless as set forth herein
Page 8
ARTICLE XXII
MISCELLANEOUS
A The £ollowmg exhibits are attached to and made a part of th~s Agreement Exinb~t "A"
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
lnvolwng transactions relating to th~s Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT faclhtles
and shall be prowded adequate and appropriate working space in order to conduct audits
in eomphance w~th th~s section OWNER shall g~ve CONSULTANT reasonable advance
notice of intended audits
C Venue of any stat or cause of action under th~s Agreement shall he exclusively ~n Denton
County, Texas This Agreement shall be construed ~n accordance with the laws of the
State of Texas
D For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Lee Head However, nothing here~n shall hm~t CONSULTANT from
using other qualified and competent members of its firm to perform the services reqmred
herein
E CONSULTANT shall commence, carry on, and complete any and all projects w~th all
apphcable dispatch, ~n a sound, econommal, and efficient manner and in accordance with
the prows~ons hereof In aceomphsh~ng the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved ~s properly coordinated with
related work being earned on by the OWNER
F The OWNER. shall assist the CONSULTANT by placing at the CONSULTANT's
d~sposal all available mformat~on pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter m or upon public and private property as
reqmred for the CONSULTANT to perform services under th~s Agreement
G The captmns of tins Agreement are for ~nformat~onal purposes only, and shall not in any
way affect the substantive terms or conditions of thru Agreement
IN WITNESS HEREOF, the C~ty of Denton, Texas has caused th~s Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed th~s Agreement
thro~g~h Its duly authorized undersigned officer on th~s the bCd day of ~5)~L/Z~t~~- ,
~ 9_Y22_
Page 9
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CONSULTANT
Pnnc~pal
WITNESS
Page 10
EXHIBIT "A"
Scope of Work
Denton Wastewatcr Treatment / Solid Waste Long-Term Planning Evaluation
A - Waste~ ater Treatment
In conjunction with City personnel, dexelop long-term population project,ons (50)ear) using
the City's current impact fee population projections and population distributions, the NCTCOG
area-wide population projections and TSZ distributions, and TWDB long-term population
projections for the City's wastewater service area and the Hickor) Creek and Clear Creek
drmnage basins wlttun ~he City's service areas
2 Based on the population projecuorl~'developed m Task A I, develop projected wastewater flow
rates for the City's entire wastewater service area and the H~ckor) Creek and Clear Creek
drainage basins Waslewater flow generation will be based on the projected populations,
extrapolating tustoncal per capita flor, rates as provided by the City, and estimates of
commercial/industrial flow contributions and 1/I rates
3 Project potentml discharge parameters for discharging ~nlo Pecan Creek and H~ckor) and Clear
Creeks at the flow rates projected
4 Locate general areas to site a satelhte ~ astewater treatment plant ~n the l-hckor, Creek basra
and the Clear Creek basin
5 De~elop an ~,erx~exs wasle~,,ater treatmenl s~te master plan and expansion implementation plan
for the Pecan Creek WWTP both with and v~thoul satellite treatment plants in the Hickor~
Creek and Clear Creek basins Include an alternallve d~smfect~on e~,aluat~on to the current
chlorme/dechlonnatlon practices used at the WWTP Consider the impact of x~asle~,ater reuse
on the various altemau~,e disinfection options Also, Include the impact of the EPA's Clean Asr
Act and ARPP reqmremenls
6 Des clop plarmmg le~ el opinions of cost for each altemau~e ~,,astex~ ater plan ex alualed ~n Task
A5
7 Prepare a Technical Memorandum describing the es aluatlons and results and submit fix e
copies tn Draft form for Cllx reste~
8 Incorporate ans comments flora the C~x stall' and submit 20 final copses the Technical
Memorandum to the C~h
(A) Re~le~s a%adable data and mformauon presented b~ the Cit~ (B) gather data for areas
required per production rate, and (C) Ment~F, kcs fnncllons and fealures of each facflltx
2 Ls~ng population projecllons determined m Task AI (under Wastess ater Treatment) prepare
production tales of,,~mslar operations and delermlne population per product
Translale populatmn per product to acres per product £or the l'ollo~vmg products
A Vehicle stora~?e and maintenance racfl~t,,
B Personnel I'acfll~
CCompostmg operahons
Material recover, £acsht),
Wood products
2 Cardboard and paper badmg
3 Conc~ ere/asphalt recychng
4 Aluminum products
4 Ident~y area for scales at landfill
Identi~ area t~or earthen malenal storage for landfill
6 Plan areas for expansion w~th nunlmal relocauon at a later date
7 Prepare a map designating areas for ea;h facd~ty/operat~on along w~th trat~c flow d~rect~ons
8 Ident~ alternate methods ol'landfill organizabon, and x~,ork wflh Ctly staff to select the
opumum method
9 Recommend key land purchases required to ma.x~m~ze operauons eflic~enc', De~ elop a
proposed ~mplementat~on schedule
C, Meetm~zs
Include 5 separate 4-hour meetings wsth the C~ty staff dunng Ihe course of the es aluauon
Lump Sum $44,000 (excluding altemal~,,e d~sm£ect~on e~ alualton)
Lump Sum $53,000 (including allemat~xe thsmfectton exaluatmn)