1990-0852909L
ORDINANCE NO. ~O'fQ~._~-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ALAN
PLUMMER AND ASSOCIATES, INC. FOR CONSULTING SERVICES; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to ex-
ecute a second supplemental agreement between the City of Denton
and Alan Plummer and Associates, Inc. for consulting services in
an effort to secure renewal of City's wastewater discharge permit
from the Texas Water Commission.
SECTION II. That the City Council hereby authorizes the ex-
penditure of funds in the manner and amount as specified in the
agreement, not to exceed $9,300.
SECTION III. That this ordinance shall become effective im-
mediately upon its passage and approval. ~
PASSED AND APPROVED this the .~--/4~'day of , 1990.
/
BO~ CASTLEBERRY, MAYOJ ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:'~
ORIGINAL
2909L
SECOND SUPPLEMENTAL CONTRACT FOR CONSULTING
SERVICES BETWEEN THE CITY OF DENTON, TEXAS
AND ALAN PLUMMER AND ASSOCIATES, INC.
The City of Denton, Texas, a Municipal Home Rule City situated in
Denton County, Texas, hereinafter called "City", acting herein by
and through its City Manager, together with Alan Plummer and
Associates, Inc., a corporation hereinafter called "Consultant",
hereby mutually agree as follows:
GOALS AND OBJECTIVES
City and Consultant have previously entered into agreements for
consulting services in an effort to secure renewal of City's
wastewater discharge permit from the Texas Water Commission
"TWC". City desired to renew this permit under terms which
minimize cost to City. The parties intended to achieve this end
by Consultant's performance of services, including ideation,
analysis, cost optimization and technical support. Through
performance of these services, the parties expected to negotiate
and obtain a wastewater discharge permit which requires a minimum
expenditure of funds to retrofit City's wastewater treatment
facilities.
During Consultant's performance of the initial agreement, it was
decided that City should amend its application for a wastewater
discharge permit to increase permitted flow from 12 MGD to 15 MGD.
City entered into a prior supplemental contract with Consultant to
achieve the same goals of the initial contract at the higher
discharge flow rate.
This second supplemental contract is for Consultant's performance
of additional services. These services are designed to accommo-
date TWC's requirement that City develop a Sludge Management Plan
as a prerequisite to obtaining of a wastewater discharge permit.
Consultant proposes to develop this Sludge Management Plan through
performance of the services outlined in Exhibit A. City desires
to engage Consultant's proposed services to obtain a wastewater
discharge permit as contemplated by this and all prior agreements.
II.
CONSULTANT'S SERVICES
Consultant shall render supplemental services necessary for the
development of the Project as outlined herein. The scope of. sup-
plemental work which Consultant agrees to perform is set forth
below and in Exhibit A, attached hereto and incorporated by
reference herein.
SCOPE OF SERVICES:
1. Consultant shall furnish an overview of City's current
existing sludge management practices.
2. Consultant shall identify sludge treatment and disposal
alternatives to satisfy TWC permit requirements.
~3. su nt al 'de t
~4'. Consultant shall correlate short term treatment and disposal
needs with long term master plan alternatives.
5. Consultant shall furnish 5 copies of the final report within
60 days of City Council approval.
Consultant shall exercise the same degree of care, skill and
diligence in the performance of these supplemental services as is
ordinarily provided by a professional consultant under similar
circumstances and Consultant shall, at no cost to Owner,
"reperform" services which fail to satisfy the foregoing standard
of performance.
III.
TERM OF AGREEMENT
Consultant shall commence rendering supplemental services immedi-
ately upon execution of this agreement. Scheduling of meetings
will De accomplished during the course of the services. This sup-
plemental agreement will continue to be in effect until all terms
have been satisfied.
IV.
COMPENSATION TO BE PAID CONSULTANT
City agrees to pay Consultant for the services performed hereunder
as follows:
A. Amount of payment for services:
Consultant will charge the City based on actual profes-
sional time spent and expenses incurred. In no event will
the total supplemental costs exceed $9,300 for Consultant's
PAGE 2
fees and expenses unless Consultant is requested to perform
tasks outside the scope presented in the proposal. If
additional assistance is requested from the Consultant,
another contract shall be executed by and between the City
and Consultant. Payment will De based upon the rates set
forth in Exhibit B.
B. Dates of Payment:
City will pay Consultant within thirty (30) days of com-
pletion of services provided for herein and receipt of
invoice from Consultant.
Va
SUPERVISION AND CONTROL BY CITY
It is mutually understood and agreed by and between City and Con-
sultant that Consultant is an independent contractor and shall not
be deemed to be or considered an employee of the City of Denton,
Texas for the purposes of income tax, withholding, social security
taxes, vacation or sick leave benefits, worker's compensation, or
any other City employee benefit. City shall not have supervision
and control of Consultant or any employee of Consultant, and it is
expressly understood that Consultant shall perform the services
hereunder according to the attached proposal at the general direc-
tion of the City Manager of the City of Denton or his designee
under this agreement.
VI.
SOURCE OF FUNDS
Ail payments to Consultant under this agreement are to he paid Dy
the City from funds appropriated by the City Council for such pur-
poses in the Budget of the City of Denton.
VII.
INSURANCE
Consultant shall provide at its own cost and expense worker's
compensation insurance, liability insurance, and all other in-
surance necessary to protect Consultant in the operation of
Consultant's business.
VIII.
INDEMNIFICATION
Consultant shall and does hereby agree to indemnify and hold harm-
less the City of Denton from any and all damages, loss or liability
PAGE 3
of any kind whatsoever, by reason of injury to property or third
persons to the extent directly and proximately caused by the error,
omission or negligent act of Consultant, its officers, agents, em-
ployees, invitees, and other persons for whom it is legally liable,
in the course of the performance of this agreement, and Consultant
will, at its cost and expense, defend and protect the City of
Denton against any and all such claims and demands.
IX.
CHOICE OF LAW AND VENUE
This agreement shall be governed by law of the State of Texas., and
venue for its construction and enforcement shall lie in the courts
of Denton County, Texas.
CANCELLATION
City and Consultant each reserve the right to cancel this agreement
at any time by giving the other party fourteen (14) days written
notice of its intention to cancel. If the agreement is cancelled
before completion, the City agrees to compensate Consultant for
services provided and expenses incurred prior to notice of cancel-
lation.
XII.
SEVERABILITY CLAUSE
If any section, subsection, paragraph, sentence, clause, phrase or
word in this agreement, or application thereof to any person or
circumstance is held invalid by any court of competent jurisdic-
tion, such holding shall not affect the validity of the remaining
portions of this agreement, and the parties hereby declare they
would have enacted such remaining portions despite any such in-
validity.
EXECUTED this the~-~day of ~ , 1990.
CIT~FyTON, TEXAS
PAGE 4
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY-
BATE: ¢/~/~O
PAGE 5
EXHIBIT A
ENVIRONMENTAL/CIVIL ENGINEERS
90-O49/2
May 10, 1990
Mr. Howard Martin
Director Environmental Operations
Financial Administration
Denton Municipal Utilities
City of Denton
215 East McKinney
Denton, Texas 76201
Re: Pecan Creek Wastewater Treatment Plant
Sludge Management Plan
Discharge Pemfit
Dear Mr. Martin:
We are pleased to present this proposal to develop a Sludge Management Plan for the
Pecan Creek Wast·water Treatment Plant to meet the requirements of the wast·water
discharge permit. We propose to incorporate the dam previously developed by the City on
projected sludge production for a 15-MGD plant capacity (a 15-MOD maximum month
average day plant capacity will correspond to an approximately 13-MGD average anmml
flow), the capacity of existing sludge handling facilities, and the land currendy available
for sludge disposal. We will assume all area in the flood plain that is no closer than
200 feet from the normal banks of any body of water, 50 feet from a property line, or
300 feet from an occupied residence will be available for land injection at the permitted
rate of 10 dry tons per acre per year. We will also assume that all waste activated sludge
is codisposed in the City's municipal landfill.
In making our projections of sludge production, we will utilize projections of average
annual flows and average annual BOD loadings. The sludge management plan will only
address sludge disposal for up to a 15-MGD wast·water treatment plant and will not
address long-term sludge disposal needs. The level of detail will be similar to the level of
detail outlined in the permit amendment application for liquid treatment facilities. It is
expected that during the design of facilities to increase the plant's flow capacity to
15-MGD, the actual facilities required for sludge disposal will be de~s,,,ir~ed in detail.
Based on this limited scope of work required to meet the discharge permit requirements,
we anticipate that approximately 120 hours of professional time will be required. We
propose to develop a sludge management plan and submittal to the Texas Water
Commission on a cost multiplier basis in accordance with Attachment A with a maximum
fee not to exceed $9,300. We anticipate completing this work and submitting a review
copy of the Sludge Management Plan within 60 days of your authorization to proceed.
841 W Mitchell · Arlington, Texas 76013-2fgl6 · (1417) 461 14ql
Mr. Howard Martin
Page 2
May 10, 1990
If you have any questions or if you need any further inf~,,mation on this matter, please let
me know. We appreciate the opportunity to submit this proposal for your consideration.
Sincerely,
ALAN PLUMMER AND ASSOCIATES, INC.
A. Lee Head 1II, P.E.
Cook,
ALH:J'HC:vw
Exhibit "B"
ALAN PLUI~4ER AND ASSOCIATES, INC.
HOURLY FEE SCHEDULE
1990
Range of
Category Salary Cost/Hour
Principal $30.00-32.00
ProJect Manager 27.00-30.00
Sentor Engtneer 25.00-29.00
ProJect Engtneer 20.00-25.00
Engineer 15.00-19.00
Staff Engfneer 12.00-15.00
Designer 15.00-19.00
Drafter/Technician 12.00-15.00
Nord Processing 10.00-13.00
Btllable rates are based on salary costs times a multiplier
of 2.3.
A ~ult~pller of 1.0 wtll be applted to all expenses.
Inhouse conjurer ts btlled at $35 per hour.