HomeMy WebLinkAboutContract 51522 2345
. CITY SECRETARY
CONTRACT NO.
NOV 1 2 2018 PROFESSIONAL SERVICES AGREEMENT
,myfvO%W Industrial, Commercial and Institutional Water Conservation Audit Services
This PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and entered into by
and between the CITY OF FORT WORTH("City"), a Texas home rule municipal corporation,acting by
and through Jay Chapa, its duly authorized Assistant City Manager, and Alan Plummer Associates, Inc.
("Vendor"), a Texas Corporation, and acting by and through Ellen T. McDonald, its duly authorized
Principal, each individually referred to as a"party"and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
Exhibits A and B which are attached hereto and incorporated herein, are made a part of this Agreement for
all purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
The City of Fort Worth is seeking Consultant assistance with its efforts to (1) promote city-wide
Industrial, Commercial and Institutional(ICI)water conservation initiatives, (2)conduct a comprehensive
facility water audit for ICI customers, and (3) present a detail written report —with audit results, water
saving recommendations and a return on investment projection to audit customers. Exhibit "A," - Scope
of Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on the date it is full executed ("Effective Date") and shall expire on
August 31, 2019 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). City shall have the option, in its sole discretion,to renew this Agreement under the same
terms and conditions, for up to five (5)one-year renewal options, at City's sole discretion.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," —
Price Schedule. Total payment made under this Agreement for the first year by City shall be in the
amount of two hundred thousand Dollars ($200,000.00). Vendor shall not perform any additional
services or bill for expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing.
OFFICIAL RECORD
CITY SECRIMIRY
Professional Services Agreement FT. 1N®R#$; 1 Xf
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days'written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine
readable format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Vendor
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three (3)years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years, have access to and
the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working
hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Professional Services Agreement Page 2 of 18
7. INDEPENDENT VENDOR.
It is expressly understood and agreed that Vendor shall operate as an independent Vendor as to all
rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees
or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS
OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Vendor bears the cost and expense of payment for claims or actions
against City pursuant to this section,Vendor shall have the right to conduct the defense of any such
claim or action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to
cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the
responsibility for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the defense of
any such claim or action and all negotiations for its settlement or compromise and to settle or
Professional Services Agreement Page 3 of 18
compromise any such claim; however, Vendor shall fully participate and cooperate with City in
defense of such claim or action. City agrees to give Vendor timely written notice of any such claim
or action, with copies of all papers City may receive relating thereto. Notwithstanding the
foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to
indemnify City under this Agreement. If the software and/or documentation or any part thereof is
held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as
City's sole remedy, either: (a) procure for City the right to continue to use the software and/or
documentation; or (b) modify the software and/or documentation to make it non-infringing,
provided that such modification does not materially adversely affect City's authorized use of the
software and/or documentation; or (c) replace the software and/or documentation with equally
suitable, compatible, and functionally equivalent non-infringing software and/or documentation at
no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to
Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to
which termination City may seek any and all remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of City. If City grants consent to an assignment,
the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to
be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be
jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the
assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by
the duties and obligations of Vendor under this Agreement as such duties and obligations may apply.
Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
Professional Services Agreement Page 4 of 18
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers'compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
(d) Professional Liability(Errors& Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. An annual certificate of insurance shall be submitted to City to
evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name
City as an additional insured thereon, as its interests may appear. The term City
shall include its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten (10) days' notice shall be acceptable in
the event of non-payment of premium. Notice shall be sent to the Risk Manager,
City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the
Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in
the State of Texas. All insurers must have a minimum rating of A- VII in the
current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
Professional Services Agreement Page 5 of 18
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder, it shall not discriminate in the treatment or employment of any individual or group of
individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To CITY.. To VENDOR:
City of Fort Worth Alan Plummer Associates, Inc.
Attn: Jay Chapa,Assistant City Manager Ellen T. McDonald, PhD, PE, Principal_
200 Texas Street 1320 S. University Drive, Suite 300
Fort Worth, TX 76102-6314 Fort Worth, Texas 76107
Facsimile: (817) 392-8654 Facsimile: (817) 870-2536
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
Vendor , any person who is or has been employed by the other during the term of this Agreement,without
Professional Services Agreement Page 6 of 18
the prior written consent of the person's employer.Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of
employment by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B,
and C.
Professional Services Agreement Page 7 of 18
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein.Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall
either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with
the warranty, or(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify
the identity and employment eligibility of all employees who perform work under this Agreement. Vendor
shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting
employment eligibility and identity documentation for all employees, and upon request, provide City with
copies of all I-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will
be performed by any employee who is not legally eligible to perform such services. Vendor shall provide
City with a certification letter that it has complied with the verification requirements required by this
Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
Professional Services Agreement Page 8 of 18
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto, may be executed by any authorized representative of Vendor whose name, title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit
"C". Each party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Vendor or
authorized official must sign the letter.A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change, copy of the board of director's resolution approving the action, or an
executed merger or acquisition agreement. Failure to provide the specified documentation so may
adversely impact future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the
City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract.
31. COOPERATIVE PURCHASE AGREEMENT
Vendor and City agree that this Contract shall serve as the master Cooperative Purchasing
Agreement and allows public agencies, including state and local governmental entities, to enter
into separate agreements to purchase the services stated in this master agreement without public
procurement, unless otherwise prohibited or required. The City shall not be responsible for any
other contract nor performance or service for any other entity.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this Loth
day of NOVemw , 2018.
Professional Services Agreement Page 9 of 18
(signature page follows)
Professional Services Agreement Page 10 of 18
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
�. By signing I acknowledge that I am the person
� ell�l%l/ responsible for the monitoring and administration of
this contract, including ensuring all performance and
By:
Name: Jay Chapa reporting requirements.
Title: Assistant City Manager
Date: �' �vZ ' By:
Name: Micah Reed
APPROVAL RECOMMENDED: Title: Water Conservation Manager
APPROVED AS TO FORM AND LEGALITY:
By: Ce ll
Name: Chris Harder, P.E.
Title: Interim Director By: K �i
-
are: hrista R. o ez-Reynol
ATTEST: Title: Sr.Assistant City Attorney
=F Z�ONTRAC T AUTHORIZATION:
M&C: tJA
By. Name: Mary Vrayler laQs : I`IAr
Title: City Secretary �{
VENDOR:
Alan Plummer Associates, ATTEST:
A
By: By:
Name: Name:
Title: C ;L Title: G�14Z'r'�Pr�- QG'�.p't►�S M��IG2..
Date: S
v
OFFICIAL RECORD
CITY ARY
Professional Services Agreement FTo"
EXHIBIT A
SCOPE OF SERVICES
The City of Fort Worth is seeking Consultant assistance with its efforts to (1) promote city-wide
Industrial, Commercial and Institutional (ICI) water conservation initiatives, (2) conduct cooling tower
inspections and evaluations, (3) conduct a comprehensive facility water audit for ICI customers and (4)
present a detail written report with audit results, water saving recommendations and a return on
investment projection to audit customers.
Task I: The selected Consultant shall report to the Water Conservation Manager and shall provide
independent, objective and expert guidance, recommendations, and assistance concerning implementing
and work in all aspects of the City's Water Conservation initiatives relating to Industrial, Commercial and
Institutional(ICI)customers of the City.
• The Consultant should follow this process:
1. Schedule the audit at the customer's convenience
2. Complete audit field work—within two weeks
3. Complete audit report for City review—within 30 days
4. Make any revisions and schedule wrap-up meeting with customer—within 2 weeks of report
approval.Audits are considered payable once the customer meeting has been conducted.
5. Follow up with customer to determine what measures, if any, were implemented from the
report—within six months of initial customer meeting.
6. Follow-ups should be conducted with previous program participants to see if any additional
recommendations from prior years have been implemented. This information will be captured
and used to promote the Award Program.
• The Consultant shall employ a PC based relational customer database, fully compatible with the
City's software), to compile results of audits (i.e. data and information from sites, customers and
equipment).No proprietary software accepted.
• The Consultant shall identify potential ICI audit customers and rank and prioritize customers
according to water usage and savings potential. The list shall include owners/operators, contact
information, and type of facility.
• The Consultant shall develop and employ a standard auditing and reporting protocol and format, as
well as forms, checklists, and a"report generator".
• The Consultant shall obtain, from City of Fort Worth Water Department, information regarding water
rates, as well as historical water use by Customer. Comparisons may also require energy rate data
from other sources.
• The Consultant shall develop & issue notification letter with requirement that a customer
representative must be present during audit(estimated at typically 4-8 hours).
• The Consultant shall assist the City in the development of program literature, including letters,
brochures and application forms.
• The Consultant shall develop a monthly report format and a yearly report format for reporting
Consultant's efforts in facilitating the City of Fort Worth Water Department ICI Audit Program.
• The Consultant shall be responsible for identifying and soliciting applicants for audits.
• The Consultant shall provide equipment for monitoring, measuring, leak detection, testing and other
necessary tools or equipment to perform the required tasks.
• The Consultant shall set aside a minimum of three hours each month to meet with city staff and attend
various meetings where their expertise is deemed a benefit to City of Fort Worth Water Department.
• The Consultant shall assist and participate in annual stakeholder meetings.
• The Consultant shall work with City of Fort Worth Water Department to develop a Cooling Tower
Certification Program and to draft an ordinance establishing minimum standards for evaporative
cooling towers in Fort Worth, TX.
Task II: Standard Audits—water using fixtures will be audited using a standard process of evaluation to
include a detail report of all water entering into the system and how it is utilized. The audit should
highlight all inefficiencies and losses. Water using fixtures include, but are not limited to, fountains,
production processes, toilets, faucets, sprayers, ice machines, dishwashers, laundry equipment, pools
(swimming and decorative), etc.
• The Consultant shall identify the location of water meters and or any other metering devices on the
site.
• The Consultant shall identify and evaluate the general condition of all water using fixtures and note
the findings.Notes should include the location, years in use, hours of use, quantity of fixtures by type
and note the standard usage amount ratings with current usage amounts.
• The Consultant shall monitor for, detect and identify leaks existing in all water using fixtures and note
the losses with quantification.
• The Consultant shall identify any opportunities to optimize existing low-flow/use fixtures by
adjusting settings or equipment and opportunities where operations and maintenance practices could
be enhanced.
• The Consultant shall identify high water use activities at the site, patterns of use, as well as, seasonal
peak usage.
• The Consultant shall be responsible for coordinating an irrigation audit with City staff and will
include findings in final report.
• The Consultant shall evaluate customer's water-use practices regarding processes or activities and
determine if the potential exists to educate, restructure or find an alternative method that could
provide savings to the customer.
Task II: Deliverables
Professional Services Agreement
Page 13 of 18
• The Consultant shall provide a copy of each individual audit report to both City of Fort Worth Water
Department and the owner of the cooling tower for which the audit was conducted within 15 calendar
days of audit completion date;
• The Consultant shall conduct meetings (either in-person) or by telephone with Customer to discuss
results of audit report and recommendations for implementation of water conservation measures;
• The Consultant shall develop and incorporate a plan for following up with audit customers in order to
evaluate the effectiveness of the audit in bringing about change and to encourage the customer to
incorporate the specific recommendations.
• The Consultant shall perform a brief costibenefit analysis, based on the specific audit
recommendations that will help the end user in making the proper decisions.
Task III: Cooling Towers—Consultant shall identify potential sites; arrange individual audits, and
complete inspections and evaluations (in terms of water efficiency) of all water processes employed by
any requesting City of Fort Worth Water Department Commercial and Industrial class water customer.
Consultant will provide a professional audit and will generate a detailed audit report containing no less
than the following parameters:
• The Consultant shall determine long-term average cycles of concentration (ratio of cooling tower
makeup water to Blowdown water)and identify potential water savings;
• The Consultant shall identify and evaluate any past and present problems experienced with current
processes and impacts on water use;
• The Consultant shall provide a measurement of the cooling tower's "heat balance" or "approach to
dew point" to include chlorine and hardness cycles to develop a percent for scale retardation;
• The Consultant shall determine current cycles of concentration, plus the raw water baseline to assess
water consumption and opportunity for reducing water consumption (with adjustment to cycles of
concentration being dependent upon municipal water quality);
• The Consultant shall develop an estimate of expected cycles from City water quality data.
• The Consultant shall provide a measurement of the TDS and pH of the makeup and Blowdown water;
Consultant shall assess condition of the makeup and Blowdown meters (if any);
• The Consultant shall note the presence or absence of automatic instrumentation for controlling the
blowdown rate of conductivity, as well as the equipment's efficiency in carrying out system
requirements:
• The Consultant shall provide the name, address, and telephone number of the current vendor
providing chemical service for the cooling tower system, plus a description of the current chemical
treatment methodology to include biological control measures;
• The Consultant shall provide a description of the cooling tower design, to include manufacturer and
estimate of numbers of years that the tower has been in service;
Professional Services Agreement
Page 14 of 18
• The Consultant shall note the tower control and fan motor operation (multi-speed or variable speed)
and the presence or absence of a by-pass operation;
• The Consultant shall provide a description of the type of filtration used(if any);
• The Consultant shall identify the type of cooling tower packing/fill used, and any deterioration,
blockage, clogging, or other conditions observed. This information will be provided as part of an
evaluation of the overall cooling tower condition;
• The Consultant shall evaluate the general condition of the cooling tower and associated pumps and
any corrosion problems with piping or equipment. As necessary, this evaluation can be extended to
internal piping;
• The Consultant shall inspect the operation of the cooling tower basin level control valve for proper
operation and shall note any defects associated with the valve;
• The Consultant shall note the presence of any leaks, overflows or other observed conditions to
include carryover and drift;
• The Consultant shall develop and provide initial short and long-term recommendations for modified
operating procedures, better chemical treatment, blowdown reuse, repairs and maintenance, or
instrumentation and control/equipment upgrades that will accomplish water conservation;
• The Consultant shall provide recommendations for condensate recovery, where feasible, for cooling
tower make-up;
• The Consultant shall provide recommendations for the recovery of cooling tower blowdown for
landscape irrigation purposes;
• The Consultant shall provide recommendations for any minor, on the spot modifications, adjustments
or simple repairs that will immediately enhance the efficiency of the cooling tower's operation from
the standpoint of water conservation;
• The Consultant shall evaluate chillers and all system components associated with the tower where
modifications to equipment or procedures can directly impact both water and energy consumption.
Task III: Deliverables
• The Consultant shall provide a copy of each individual audit report to both City of Fort Worth Water
Department and the owner of the cooling tower for which the audit was conducted within 15 calendar
days of audit completion date;
• The Consultant shall conduct meetings (either in-person) or by telephone with Customer to discuss
results of audit report and recommendations for implementation of water conservation measures;
• The Consultant shall provide City of Fort Worth Water Department with a monthly report detailing its
efforts in facilitating the City of Fort Worth's Water Conservation Department ICI Audit Program;
• The Consultant shall as a result of efforts under Task III services, assist City of Fort Worth Water
Department in developing a cost/benefit analysis for future engineering analyses at each site;
Professional Services Agreement
Page 15 of 18
• The Consultant shall develop and incorporate a plan for following up with audit customers in order to
evaluate the effectiveness of the audit in bringing about change and to encourage the customer to
incorporate the specific recommendations.
• The Consultant shall perform a brief cost/benefit analysis, based on the specific audit
recommendations that will help the end user in making the proper decisions.
Task IV:Additional Cooling Tower Evaluation—If requested by City of Fort Worth Water Department, as a
follow-up task to the on-site audit conducted in section 2.3, Consultant shall conduct an Engineering
Evaluation and prepare a report for a selected facility for the purpose of evaluating the effectiveness of a
particular treatment method or technology in controlling scale, corrosion & biological contamination. The
Evaluation will be custom-designed for each facility, based on the recommendations contained in the On-Site
Audit Report. Such analyses shall be authorized by City of Fort Worth Water Department on a case-by-case
basis, and a fee determined based on complexity of the Evaluation and the Consultant Fee Schedule listed in
Attachment B.
Task IV Deliverables-The Engineering Evaluation will include the following elements and information:
• A site diagram including cooling tower, nearby structures including exhaust stacks within 100 feet of
cooling tower, location of parking, incinerators, and type of ground cover.
• A detailed cooling tower water flow diagram including the cooling tower(s), chillers, circulating lines,
all heat transfer equipment, makeup water entry lines, and bleed-off lines.
• All materials of construction in contact with the cooling water.
• All operation specifications of cooling tower water system.
• Complete history of cooling tower system relative to water treatment.
• Complete monitoring information such as corrosion data, deposit monitoring, biomass monitoring, fill
deposits, chemical levels, and water quality data.
• A Complete report shall include all of the above, plus a precise conclusion stating the effectiveness or
ineffectiveness of the specific method or technology in controlling scale, corrosion and
microbiological contaminants.
Task V: Irrigation System Evaluation
• The Consultant shall conduct an irrigation audit of on-site irrigation systems.
• On site audit should activate and visually inspect each zone for efficiency, leaks and water waste.
Audit should evaluate and identify irrigated area, rain/freeze sensors, run times, distribution
uniformity, and pressure readings at the head including pump readings, if applicable. Meters should
be checked to ensure proper operation.
• Note and record type and number of meters, controllers, number of zones, potential for reuse or
alternative water sources.
Professional Services Agreement
Page 16 of 18
Task V: Deliverables
The Irrigation Evaluation will include the following elements and information.
• Evaluation of system source, meter and controller settings, sprinkler spacing, precipitation rate, total
square footage of irrigated area,water consumption, soil/root zones, slope and distribution uniformity,
evaluation of run-times, etc.
• Photos and charts highlighting any issues observed during the visual inspection (leaks, breaks, system
inefficiencies). Pressure readings, flow measurements, sprinkler location, rain/freezer sensors (make
&model), types of equipment(make& model), etc. should also be included.
• Proposed irrigation recommendations should include the following as applicable: cycle & soak, drip
irrigation, automatic shut-off devices, ET smart controllers, pressure regulating devices, hydro
zoning, spray head upgrades,KISSS, and proper maintenance guidelines.
• Consultant should identify and make scheduling adjustments or recommendations considering soil
improvements, existing plant requirements with suggestions for more efficient plantings, and other
possible water sources or reuse. Applicable drought and salt tolerant plants should be suggested for
future landscape upgrades.
Task VI:Additional Related Work
• Consultant shall assist the City with developing and implementing technical seminar events.
These seminars will be designed to educate ICI audit customers.
• The Consultant may be asked to aid in developing educational materials such as presentations,
literature, brochures, hand-outs, etc.
• The Consultant may be asked to speak with special interest groups or others in relation to ICI
audits.
• The Consultant may be asked to design demonstrations, models or other visual representations.
• The Consultant shall work with the City of Fort Worth Water Department to develop a Cooling
Tower Certification Program and to draft an ordinance establishing minimum standards for
evaporative cooling towers in Fort Worth,TX.
Professional Services Agreement
Page 17 of 18
EXHIBIT B
PRICE SCHEDULE
18-0354 ATTACHMENT B
CITY OF FORT WORTH WATER DEPARTMENT
CONTRACT ICI AUDITS
PROPOSAL COST SUMMARY
Prices based on stated required services and potential growth factors,pricing is Assumed
quoted per task with assumption that 100 Task 2 audits,50 Task 3 audits, 10 Total per No. of Total
Task 4 audits and 75 Task 5 audits. Task Audits Annual Cost
Per Year
Cost Task#1: Mobilization $300.00 100 $30,000.00
Cost Task#2: Water Audits Interior: Base Cost per Audit
No. Fixtures 1 to 5 5 to 10 10 to 20 >20 Average
Commercial Cost
200.00 400.00 600.00 880.00 $520.00 $ 520.00 50 $26,000.00
No. of Units <25 25 to 50 50 to 100 >100 Average
Institutional Cost
400.00 800.00 1,000.00 2,000.00 $ 1,050.00 $ 1,050.00 25 $26,250.00
Total Sq. Ft <25,000 25K to 50K to >100k Average
Industrial 50K 100K Cost
600.00 1,200.00 1,800.00 2,200.00 $ 1,450.00 $ 1,450.00 25 $36,250.00
Cost Task#3: Cooling Towers Initial Audits $ 1,200.00 25 $30,000.00
Cost Task#4: Cooling Towers Detailed Audits $ 1,800.00 5 $9,000.00
Cost Task#5: Irrigation System Audits $ 1,000 30 $30,000.00
Total Audit Pricing per year $187,500.00
Estimated Annual Cost per Audit $721.15
Cost Task#6: Facilitating Technical Seminar Events 1,500.00 5 $4,500.00
Standard Per Hour Rate for Additional Services $200.00 40 $ 8,000.00
Total Estimated 1 year Cost of Contract $200,000.00
Cost Task#1 is a onetime fee charged for mobilization. It should include all costs associated with establishing
a reporting method protocol,forms,checklists,etc.
Cost Task #2 takes an average cost of all the ranges to use as the "Total Per Task" cost. This is done to
establish a fair estimate of costs. The average cost is then multiplied by the number of assumed audits per
year to determine an estimate annual cost total. Note: the cost of providing customer reports should be
captured in this price.
Cost Task#3 price is per cooling tower.There may be more than one cooling tower at a location.
Cost Task#5 price is per irrigation controller.The number of zones may vary.
Professional Services Agreement—Exhibit C Page 18 of 18