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1990-0622909L ORDINANCE NO. ~-~. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMEN- TAL 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 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 $6,100. SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the /~day of ~~_, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APP D AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2909L 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 an agreement for consulting services in an effort to secure renewal of City's wastewater discharge permit from the Texas Water Commission. 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 opti- mization and tecnnical support. Through performance of these ser- vices, 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 this prior 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 desires to enter into this supplemental contract with Consul- tant to achieve the same goals of the prior contract at the higher discharge flow rate. 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 in Attachment A, attached hereto and incorporated by reference herein. Consultant shall exercise the same degree of care, skill and dili- gence in the performance of these supplemental services as is or- dinarily provided by a professional consultant under similar cir- cumstances and Consultant shall, at no cost to Owner, "reperform" services which fail to satisfy the foregoing standard of perfor- mance. III. TERM OF AGREEMENT Consultant shall commence rendering supplemental services immedi- ately upon execution of this agreement. Scheduling of meetings will be 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 perfor]ned 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 $6,100 for Consultant's 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 Attachment 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. 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. PAGE 2 VI. SOURCE OF FUNDS Ail payments to Consultant under this agreement are to be paid by 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 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. PAGE 3 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 hereDy declare they would have enacted such remaining portions despite any such in- validity. EXECUTED this the /~day of ~~ , 1990. · CITY.iON, TEXAS // ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ........... ~*- ALAN P~A~~OCIATES, INC. BY: _ _ PAGE 4 Exhibit "A" Alan Ph, mmer and Associates, Inc. ENVIRONMENTAL CIVIL ENGINEERS 457-0100/2 April 5, 1990 Mr. R. E. Nelson Executive Director Depaqment of Utilities City of Denton, Texas 215 East McKinney Street Denton, Texas 76201 Re: Assistance with the Texas Water Commission Wastewater Discharge Permit Renewal for Denton's Wastewater Treatment Plant Dear Mr. Nelson: As you know, Monday, March 26, 1990, we met with the Texas Water Commission (TWC) staff to discuss Denton's wastewater discharge permit renewal. At that meeting it was decided to submit an mended permit to increase the flow from 12 to 15 MGD. In accordance with a request for Mr. Howard Martin, we are pleased to submit this proposal to develop an amended wastewater discharge permit application for the City's submittal to the TWC. We will use information previously submitted by the City to the TWC as well as infor~;ation developed for the City's wastewater treatment plant Master Plan to complete the permit application. One meeting in Austin with the TWC staff is included to review the completed permit application. The development of any additional new information required by the TWC staff is beyond the scope of this assignment. We propose to complete the permit application within the 30 days required by the TWC. Compensation We propose to perform the work on a cost times multiplier basis in accordance with the attached Schedule of Charges. We feel that the assignment will require between 40 and 60 hours of professional assistance and propose a maximum fee for this assignment of $6,100. We understand that the City is interested in proceeding rapidly with this assignment, and we are prepared to begin work as soon as we receive your authorization. Two original copies of this proposal have been provided If this proposal meets with your approval, your signature and return of one copy of this letter agreement will serve as our 841 W M~tchell · Arhnglon, Texas 76013-2506 · (817) 461-1491 Mr. R. E. Nelson Page 2 April 5, 1990 authorization to proceed. We appreciate very much the opportunity to submit this proposal to continue to assist the City of Denton with its wastewater permitting and look forward to working with you on this assignment. ff you have any questions concerning this proposal, or if we can be of any further assistance, please let me know. Sincerely, ALAN PLUM]VIER AND ASSOCIATES, INC. A. Lee Head, III, P.E. JHC:ALH:gh Enclosures (2) APPROVED: CITY OF DENTON, TEXAS Name Date Exhibit "B" ALAN PLUI~IER AND ASSOCIATES, INC. HOURLY FEE SCHEDULE 1990 Range of Category Salary Cost/Hour Principal $30.00-32.00 Project Manager 27.00-30.00 Senior Engineer 25.00-2g.00 Project Engineer 20.00-25.00 Engineer 15.00-19.00 Staff Engineer 12.00-15.00 Designer 15.00-19.00 Drafter/Technician 12.00-15.00 Word Processing 10.00-13.00 Billable rates are based on salary costs times a multiplier of 2.3. A multiplier of 1.0 will be applied to all expenses. Inhouse computer is billed at $35 per hour.