1994-200AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT
BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES TO
PROVIDE PROFESSIONAL SERVICES REQUIRED TO OBTAIN AN AMENDMENT TO
THE CITy'S WASTEWATER DISCHARGE PERMIT FROM THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~ That the city Manager is hereby authorized to
execute a contract between the city of Denton and Alan Plummer
and Associates to provide professional services required to
obtain an amendment to the city's wastewater discharge permit
from the Texas Natural Resource Conservation Commission, a copy
of which is attached hereto and incorporated by reference herein.
SECTION II. That the city expend Seventeen Thousand Six
Hundred Dollars ($17,600.00) as provided in the contract.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED thisl~ day of ~ 1994.
BOB CASTLEBERRY, MAYO7
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH
AGREEMENT BETWEEN THE CITY OF DENTON~ TEXAS
AND ALaN PLUMMERAND ASSOCIATES
is made and entered into as of th~--~--~-v'of D tday
AGREEMENT
of 7~~-- , 1994, by and between the City oI en on,
with its ~rincipal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201 ("CITY") and Alan Plummer and Associ-
ates, inc., with its corporate office at 841 West Mitchell Street,
Arlington, Tarrant County, Texas 76013, hereinafter called the
("ENGINEER") acting herein, by and through its representative, duly
authorized so to act for and in behalf of said ENGINEER.
SECTION I - SERVICES OF THE ENGINEER~
The City hereby contracts with Engineer as an independent
contractor, and the Engineer hereby agrees to perform, within the
professional standards normally accepted in the State of Texas,
professional services associated with individual assignments as
agreed in writing in connection with the scope of work set forth in
Section II hereof.
SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES
The Engineer shall provide the services required to obtain an
amendment to the city's wastewater discharge permit from the Texas
Natural Resource Conservation Commission (TNRCC). The City desires
to amend this permit to include composting of the Pecan Creek Water
Reclamation Plant's sludge, beneficial reuse of biosolids and the
registration of a City owned site for biosolids disposal. Through
the performance of these services, the parties expect to negotiate
and obtain a wastewater discharge permit which includes composting
as a treatment process and approves various options available for
the beneficial reuse of biosolids.
The Engineer shall perform the tasks outlined below;
TNRCC Wastewater Discharge Permit Amendment
Task i - Information Development
The Engineer shall gather past permit applications, reports
and other files as necessary to provide the information
required for the wastewater discharge permit amendment.
Task 2 - Map Preparation
The Engineer shall prepare two (2) maps, a USGS map identify-
ing the surrounding area use and a second map that identifies
the plant site, property boundary, boundary limit for proposed
composting area, and required compost facility buffer zones.
Task 3 - Prepare Sludge Management Plan
The Engineer shall update the APAI memorandum, dated December
13, 1993, concerning sludge composting to use as technical
information required by the TNRCC. In addition, the Engineer
shall prepare a Marketing and Distribution Plan. The Market-
ing and Distribution Plan shall describe various programs
including a give-away program, use by city on city owned
property (parks, right-of-ways, etc.), wholesale distribution
and retail sales that will be strictly "on-demand" basis and
not necessary to satisfy the 100 percent disposal require-
ments.
Task 4 - Assemble Applications
The Engineer shall assemble all information required for the
permit amendment into a format acceptable by the TNRCC. The
Engineer shall develop a detailed cover letter that will be
drafted for use by the city of Denton. The Engineer shall
provide four copies of the application to the TNRCC and two
copies to the city.
Task 5 - Conduct Meetings with Client and TNRCC
The Engineer shall provide a minimum of one meeting with the
city to review the data developed, the permit amendment
application, or the draft permit provisions proposed by TNRCC.
The Engineer shall provide one meeting with the TNRCC staff is
expected.
Site Registration For Biosolids Disposal
Task 1 - Assemble General Information
General Information is required about the facility, including
ownership, contact person, facility location, adjacent land
uses, nearby water resources (surface and groundwater),
adjacent landowners, nearest residence, crop and harvesting
practices, and location of 100 year flood plain.
Engineer shall answer general questions in the registration
application. City staff shall supply general information not
readily available to Engineer.
Task 2 - Maps of Proposed Site
The Engineer will develop maps that identify the site bound-
aries in red on each of the following original maps; County
Highway Map, USGS Topographic Map, USDA SCS Soils Map and FEMA
Map.
PAGE 2
Task 3 - Coordinate Necessary Soils Testing
The Engineer will assist City in preparing scope of services
for soils lab and geotechnical engineering reports. City
shall contract for soils testing and reporting separately from
this contract. The Engineer will coordinate work effort,
review results and process information into formate acceptable
to the TNRCC.
Task 4 - Sludge Testing
The Engineer shall gather information on the most recent
sludge characterization and the parameters listed in the
application from existing file and advise the city of any
additional analysis require to satisfy application criteria.
Task 5 - Sludge Application Rate Calculation
The Engineer shall use the soils and sludge test results and
calculate the maximum compost application rate for the
proposed site in preparation of the application.
Task 6 - TNRCC Sludge Transporter Registration Application
The Engineer shall provide TNRCC with information on selected
sludge hauling methods and prepare the request for a Sludge
Transporter's Registration Application.
Task 7 - Locating Local Wells
The Engineer shall research the TNRCC, the Texas Water
Development Board and the Texas Railroad Commission records
for information concerning all water, gas, and oil wells
located within 500 feet of the proposed registered site. The
Engineer shall process the information into a format accept-
able to the TNRCC.
Task 8 - Public Notice and Meeting Requirements
The Engineer will advise the City in proper procedures for
publishing notice and posting signs necessary to comply with
TNRCC rules and regulations.
Task 9 - Assemble TNRCC Registration Application
The Engineer shall provide all word processing, copying and
assembly of draft and final site registration applications.
Task 10 - Conduct Meeting with Client and TNRCC
The Engineer shall provide meetings with Client as required to
review application provisions and one meeting with the TNRCC
staff to review permit application submission.
PAGE 3
The Engineer shall advise City as to the necessity of City's
providing or obtaining from others special services and data
required in connection with the Scope of Services at city's cost
and expense, and may act as City's representative in connection
with any such services of others.
It is understood that this Agreement contemplates the full and
complete engineering services including any and all changes neces-
sary to complete the Assignment as outlined in the Scope of Ser-
vices. Nothing contained herein shall be construed as authorizing
additional fees for the above described services.
The Engineer acknowledges by the execution of this Agreement
that all contingencies known to the Engineer and City at the date
of this Agreement as may be deemed necessary and proper to complete
the Assignment have been included in the maximum fee estimate.
SECTION III - SPECIAL SERVICES OF ENGINEER:
If authorized in writing by City, Engineer shall furnish or
obtain from others Special Services necessary to complete the
assignments. These services are not included as part of Basic
Services as outlined in SECTION II - CHARACTER AND EXTENT OF
ENGINEER'S SERVICES. Special Services will be paid for by city as
indicated in Section V.
Specifically, the Engineer's participation in a public hearing
is considered special services. The Engineer's participation in a
well closure site or rehabilitation is considered special services.
SECTION IV - CITY RESPONSIBILITIES
The city shall:
(a) provide a map with information on adjacent landowners.
(b) provide current map to scale of landowners adjacent to
disposal site and a list of landowners' mailing address-
es. The City shall provide notarized affidavit verifying
land ownership and a legal description of the proposed
registered site.
(c) shall visually inspect the area and convey information of
water, gas and oil wells location to the Engineer.
(d) shall provide analytical data required to complete permit
application.
(e) Provide all criteria and full information as to City's
requirements and designate a person with authority to act
on City's behalf in all matters concerning the Project.
PAGE 4
(f) Assist Engineer in obtaining existing studies, reports
and other available data and services of others pertinent
to the Assignment and in obtaining additional reports and
data as required.
(g) Upon reasonable notice, arrange for access to and make
all provisions for Engineer to enter upon public and
private property as may be required for Engineer to
perform services hereunder.
(h) Designate in writing a qualified person who will act as
City's representative with respect to the Assignment for
the purposes of transmitting instructions, receiving
information, interpreting and defining City's policies
and decisions with respect to Engineer's services.
(i) Review all reports, recommendations and other documents
and provide written decisions pertaining thereto within
a reasonable time.
(j) Examine all studies, reports, sketches, drawings,
specifications, proposals and other documents presented
by Engineer, obtain advice of an attorney, insurance
counselor and other consultants as it deems appropriate
for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to
delay the services of Engineer.
(k) Provide such legal, accounting, insurance and other
counseling services as may be required for the Assign-
ment.
(1) Bear all costs incident to compliance with this Section.
BECTION V - COMPENSATION TO ENGINEER
The total compensation for all of the Assignments to be per-
formed by Engineer as described in Section II - CHARACTER AND
EXTENT OF ENGINEER'S SERVICES hereof shall not exceed Seventeen
Thousand six Hundred Dollars ($17,600).
Engineer shall be compensated on the basis of the fee schedule
set forth in Attachment "A" Hourly Fee Schedule which is made a
part of this Agreement:
The city and the Engineer shall agree on the Scope and Com-
pensation for the performance of Special Services prior to the com-
mencement of such Special Services. For Special Services performed
under Section III, the Engineer will be compensated at the same
rates and methods as outlined in this Section V.
PAGE 5
SECTION VI - METHOD OF PAYMENT
The Engineer shall be paid monthly on the basis of statements
prepared from the books and records of account of the Engineer,
such statements to be verified as to accuracy and compliance with
the terms of this Agreement by an officer of the Engineer. Payment
according to statements will be subject to certification by the
Executive Director of Utilities or his duly authorized representa-
tives that such work has been properly performed.
The above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the Assignment
until completion. If City fails to make any agreed to payment due
to Engineer for services properly performed within sixty days after
receipt of Engineer's statement thereof, the amount due Engineer
shall include a charge at the rate of 1.0 percent per month from
said sixtieth day, and in addition Engineer may, after giving seven
days written notice to city, suspend services under this Agreement
until Engineer has been paid in full all amounts due for services
properly performed.
Mail monthly invoices to:
The City of Denton
Attn: Gerald Cosgrove
901-A Texas Street
Denton, Tx 76201
Telephone Number (817) 566-8453
SECTION VII - TIME SCHEDULE OF ENGINEERING SERVICES
The Engineer shall initiate work prescribed hereunder immed-
iately upon the execution of this Agreement and upon issuance by
City of a Notice to Proceed. Engineer shall perform the services
provided herein in ninety (90) calendar days. Any request for
special services shall be submitted in sufficient time to allow for
completion of services within 180 days.
SECTION VIII - TERMINATION=
The City may terminate this Agreement at any time and for any
cause by notice in writing to the Engineer. Upon receipt of such
notice, the Engineer shall immediately discontinue all services and
work and the placing of all orders or the entering into Contracts
for supplies, assistance, facilities and materials in connection
with the performance of the Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to
this Agreement.
If the city terminates this Agreement under the foregoing
paragraph, the city shall pay the Engineer for services properly
performed in accordance herewith prior to such termination, less
PAGE 6
such payments having been previously made. Such payments shall be
based upon the work completed up to the date of termination of the
Agreement in accordance with the method of compensation prescribed
in Sections V and VI hereof. Engineer shall also be compensated
for all termination related expenses such as meeting attendance,
document reproduction, transfer of records, etc.
Upon termination of this Agreement, the Engineer shall provide
the City reproducible copies of all completed or partially com-
pleted engineering documents prepared under this Agreement.
SECTION IX - INSUI~,NCE
Engineer shall maintain statutory worker's compensation
insurance coverage, employers' liability, commercial general
liability, automobile liability, and professional liability
insurance coverage during the period of performance of services
hereunder in the following minimum amounts:
LIMITS OF LIABILITY
A. Worker's Compensation Statutory
Employer's Liability $1,000,000
B. Commercial General Liability
(including Contractual Liability):
Bodily Injury ) $1,000,000 combined
single limits for each
Property Damage) occurrence or aggregate
C. Comprehensive, Automobile
Liability (Owned, Hired, and
Non-owned Vehicles):
Bodily Injury ) $1,000,000 combined
) single limits for each
Property Damage) occurrence or aggregate
D. Professional Liability $1,000,000 annual aggregate
Engineer shall furnish City insurance certificates to evidence
such coverages. The certificates shall contain a provision that
such insurance shall not be canceled, without 30 days prior written
notice to city.
SECTION X - INDEMNIFICATION
Except for the events addressed in SECTION XIII hereof,
Engineer shall and does hereby agree to indemnify and hold harmless
the City from any and all damages, loss, cost, or liability of any
kind whatsoever, including attorneys' fees, to the extent arising
out of the negligent act or omission of the Engineer and Engineer
shall, at its cost and exgense, defend and 9rotect the city against
PAGE 7
any and all such claims and demands. City agrees to limit any lia-
bility of Engineer, its officers, shareholders, and employees to
the lesser of actual damages incurred by the City or the sum of
Five Million Dollars ($5,000,000.00).
SECTION XI - NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries of this agreement be-
tween City and Engineer and no third party shall be entitled to
rely upon any work performed or reports prepared by Engineer here-
under for the purpose whatsoever.
SECTION XII - SAMPLING
Most test samples or specimens are consumed or substantially
altered during the conducting of tests by the Engineer, and, at
Engineer's sole discretion, Engineer will dispose (subject to the
following) of any remaining residue immediately upon completion of
tests:
1. Engineer will maintain preservable test samples and specimens
or the residue therefrom for 30 days after submission of
Engineer's report free of storage charges. After the initial
30 days and upon written request, Engineer will retain test
specimens or samples for a mutually acceptable storage charge
and stated period of time. city agrees that it will not hold
Engineer responsible or liable for any loss of test specimens
or samples retained in storage.
2. In the event that samples contain substances or constituents
hazardous or detrimental to health, safety, or the environment
as defined by federal, state or local statutes, regulations or
ordinances, Engineer will, after completion of testing and at
city's expense: (i) return such samples to city, or (ii)
using a manifest signed by city as generator, will have such
samples transported to a location selected by City as genera-
tor and will have such samples disposed of in accordance with
city's direction.
city agrees to pay all costs associated with the storage,
transport, and disposal of hazardous samples. City recognizes and
agrees that Engineer is acting as a bailee and at no time does
Engineer assume title to said waste.
Ail laboratory and field equipment contaminated in performing
these engineering services which cannot be reasonably decontaminat-
ed, in the sole opinion of the city, shall become the property and
responsibility of City. Ail such equipment shall be delivered to
City or disposed of in a manner similar to that indicated in the
previous paragraph, city agrees to pay fair market value of any
such equipment which, in the city's sole opinion, cannot be
reasonably decontaminated.
PAGE 8
SECTION XIII - INDEMNITY PERTAININ~ TO H~Z~RDOUS MATERI~LS
city acknowledges Engineer will perform part of the work at
City's facilities that may contain hazardous materials, including
petroleum products, or conditions, and the Engineer had no prior
role in the generation, treatment, storage, or disposition of such
materials. Engineer shall have no responsibility for the discov-
ery, presence, handling, or disposal of or exposure of persons to
hazardous materials in any form at the Project Site, provided how-
ever, Engineer shall have the responsibility to and shall report to
the city the location of any hazardous materials that an engineer
of similar skill and expertise should have noticed.
In connection with hazardous waste, including petroleum pro-
ducts, city agrees to defend, hold harmless and indemnify Engineer
from and against any and all claims and liabilities resulting from:
(a) city's violation of any federal, state or local statute,
regulation or ordinance relating to the disposal of hazardous sub-
stances or constituents~ or
(b) City's handling, removal, treatment, storage, transporta-
tion or disposal of hazardous substances or constituents found or
identified at the site~
Absent any intentional wrongful acts or negligence, in no
event shall Engineer be considered the owner or operator under the
Resource Conservation and Recovery Act of 1976, as amended, or any
other similar Federal or State law.
SECTION XIV - RIGHT TO ~UDIT=
Engineer agrees that the city shall, until the expiration of
three (3) years after final payment under this Agreement, have
access to and the right to examine any directly pertinent books,
documents, papers and records of the Engineer involving transac-
tions relating to this Agreement. Engineer agrees that the City
shall have access during normal working hours to all necessary
Engineer facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the pro-
visions of this section. The City shall give Engineer reasonable
advance notice of intended audits.
SECTION XV - SUCCESSORS /~ND ASSIGNS~
The City and the Engineer each bind themselves, their succes-
sors and assigns, to the other party to this Agreement and to the
successors and assigns of each other party in respect to all
covenants of this Agreement.
SECTION XVI - ASSIGNMENT=
Neither party hereto shall assign, sublet or transfer its
PAGE 9
interest herein without prior written consent of the other party,
and any attempted assignment, sublease or transfer of all or any
part hereof without such prior written consent shall be void.
BECTION XVII INDEPENDENT CONTRACTORs
Engineer shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or
employee of the City. Engineer shall have exclusive control of,
and the exclusive right to control the details of the work per-
formed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers,
agents and employees. Nothing herein shall be construed as
creating a partnership or joint venture between the city and the
Engineer, its officers, agents and employees, and doctrine of
respondent superior has no application as between the City and the
Engineer.
SECTION XVIII - VENUEs
Venue of any suit or cause of action under this Agreement
shall lie in Denton County, Texas.
SECTION XIX - NOTICEs
Any notice or other written instrument required or permitted
to be delivered under the terms of this Agreement shall be deemed
to have been delivered, whether actually received or not, when
deposited in the united States mail, postage prepaid, registered or
certified, return receipt requested, addressed to Engineer or city,
as the case may be, at the following addresses:
CITY ENGINEER
City of Denton, Texas Alan Plummer and Associates, Inc.
ATTN: city Manager ATTN: President
215 E. McKinney 841 W. Mitchell
Denton, TX 76201 Arlington, TX 76013
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
I~ ~3~TI~ONY HEREpF, the~parties have executed the Agreement, this
/'~'--day of ~1994.
This is executed in two (2) counterparts. ~ /
Agreement CIT~~DENTO--N' 7E~S . //
--~l~y~ V. Harnell, city ~ager
/
PAGE 10
ATTEST.'
Jennifer Walters, City
APPROVED AS TO LEGAL FORM:
Debra A. Drayovltch, City Attorney
Alan Plummet and Associates, Inc.
ATTEST:
By: //'~~ '
PAGE 11
ATTACHMENT A
ALAN PLUMMER AND ASSOCIATES, INC.
HOURLY FEE SCHEDULE
1994
Range of
Category B111tng Rate/Hour
Word Processing 25,00 - 40.00
Technical Writer 45.00 -' 54.00
Drafter/Technician 25.00 - 60.00
Designer 40.00 - 60.00
Staff Engineer 40.00 - 70.00
Project Engineer/Scientist 50.00 - 85.00
Project Manager 75.00 - 112.00
Principal 90.00 - 130.00
Billable rates are based on "salary cost" times a multiplier of 2.22.
Salary cost is based on direct payroll costs times 1.35. Salary cost
includes direct payroll costs, payroll taxes, vacation, holidays, sick
leave, employee insurance, and other fringe benefits borne by the
Company.
A multiplier if 1,00 will be applied to all direct expenses.
A multiplier of 1.10 will be applied to all subcontracted work.
In-house computer is billed at $15 per hour.
Expert witness time is billed at $1,300 per day.
~,/94