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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.