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HomeMy WebLinkAboutContract 43948CITY OF FORT WORM, T E OCAS TANDAUM AGR CO SECRETARY CONTRACT HhitiilENIT FOR PROFESSIONAL S FRVIC This AGREEMENT is between the City of Fort Worth, a Texas home rule municipality (the "CITY"), and Alan Plummer Associates, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Central Fort Worth Reclaimed Water Delivery System Feasibility Study. Article 1 Scope of Srvkes (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachmont "A". These services shall be performed in connection with Central Fort Worth Reclaimed Water Delivery System Feasibility Study. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. MI LIR51W 11 Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $288,520 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. payment for services rendered shall bo due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. OFFICIAL itECuitD CITY SECRETARY Ft WORTH, TX City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 1 of 8 1 1-06-'I 2 PO4 : 34 IN Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 24 months beginning upon the date of its execution, or until the completion of the subject matter contemplated herein whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents employees, contractors, and subcontractors and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the Consultant or Consultant s agent, consultant under contract, or another entity over which the Consultant s exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage Bs $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Richard Talley, 1000 Throckmorton St., Fort Worth, TX 76101, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultants insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant 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 Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions or this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents papers and records of such sub -consultant, involving transactions to the subcontract, and further that City shall have access during normal working hours to all sub - consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 5 of 8 Article X Minority and Women Business Enterprise (M/WBE) Participation In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE') in City contracts. Consultant acknowledges the MIWBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 6 of 8 Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department 1000 Throckmorton Fort Worth, Texas 76101 Consultant: Alan Plummer Associates, Inc. Attn: Ellen McDonald 1320 S. University Dr., Suite 300 Fort Worth, Texas 76107 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 7 of 8 Ar= 6edo XV08 Counterparts This Agreement may be executed in one ©r more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 'xecuted and effective this the day of , 20 . BY: CITY OF FORT WORTH I J Fernando Costa Assistant City Manager Date: APPROVAL RFCOMMENDLD: C,App S. Frank Crumb Director, Water Department APPROVED AS TO FORM AND LEGALITY BY: ENGINE _R Alan Plummer Associates, Inc. Preston Dillard Associate Date: ?/2i/12. M&C No.: By: C(A-% 1 Eitt M&C Date: Doug lack c?AMKish at/JUL, Assistant City Attorney A TFST: Mari/ J. Kayer / City Secretary City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 8of8 0 ,x.,.� ecv *no0000®A o IVA our 0 `F-�z `lam .7 '7 0r7 9 4�4A 00®C.V Fs 0000441/11•Mt 5 nomesempsommime OFFICIAL RECORD CITY SECRETARY \rr,WORTH,TX ATTAC H NT A ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <XXXX> Scope for Enciineerina Desicin Related Services for Water and/or Sanitary Sewer Improvements CEI'flTAL FOFIT WORTH R DESION SERVICiS FOR CLAIMED WATER !'dl'".R.4VEFuY SYSTEM F STUDY CITY PROJECT NO.: I ':ASIBId,6'i'�' The scope set forth herein defines the work to be performed by the ENGINEHR in completing the project. I=3oth the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Task 1. Fask 2. Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. Task 9. Task 10. Task 11. Task 12. Task 13 Task 14 TASK 1. WORK TO BE PERFORMED Preliminary Project Planning/Background Information Water Reclamation and Reuse Opportunities Reclaimed Water Sources and Reuse Technology Water Quality Modeling Water Supply Alternatives Identify Pipeline Routes Costs and Benefits Environmental Considerations and Potential I ffects Legal and Institutional Requirements Economic Analysis and Selection of Water Supply Alternative Public Information Plan Implementation and Funding Plan Final Report Project Management PRELIMINARY PROJECT PLANNING/BACKGROUND INFORMATION Gather, review, and summarize previous reports relevant to water reuse, including but not limited to: o Reclaimed Water Priority and Implementation Plan (Alan Plummer Associates, Inc. and Chiang, Patel & Yerby, Inc., May 2007) o Direct, Non=Potable Reuse Guidance Document (Alan Plummer Associates, Inc. and Freese and Nichols, Inc., April 2009) O 2011 Region C Water Plan (Freese and Nichols, Inc., Alan Plummer Associates, Inc., CP&Y, Inc., and Cooksey Communications, Inc., October 2010) o Fort Worth Water Master Plan (Freese and Nichols, Inc., May 2005) City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 1 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <XXXX> o Fort Worth Wastewater System Master Plan (Freese and Nichols, Inc., et al, 2011) o Water Conveyance and Treatment Evaluation Study (Alan Plummer Associates, Inc., September 2003) o The Trinity Uptown Plan (Gideon Toal, Inc., 2004) o Trinity River Vision: A Master Plan for the Trinity River and Major Tributaries in Greater Fort Worth (Gideon Toal, Inc., April 2003) Gather additional information for identification of potential reclaimed water customers: o Historical water use and account data for Top 500 major water users o Historical water use and account data for irrigation only meters. o Industrial, commercial, and institutional (ICI) customer water audit reports. As part of its water conservation program, the City has completed 42 detailed audits of ICI customer water use, including an evaluation of whether customer demands can be met with reclaimed water. o Potential water demands for water features in the planned Trinity Uptown/Central City project. Obtain these demands from the Tnnity River Vision Authority. The demands may be based on replacing evaporative water losses and/or maintaining water quality in urban water features. o Aerial photographs and maps of the study area. Summarize the City's current and projected water and wastewater situation: o Water demands through 2060. o Water supplies through 2060, potential sources of additional water, and plans for new water facilities o Water quality concerns for the current and projected water supplies o Wastewater flows through 2060, disposal options, and plans for new wastewater facilities. Describe the need for the proposed CFWRWDS. Provide a general description of the potential project, identifying the project sponsor and affected entities. Describe the study area. Illustrate the study area on a GIS map. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 2 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <XXXX> TASK 2. WATER RECLAMATION AND REUSE OPPORTUNITIES Identify opportunities for water reclamation and reuse in the study area: Based on the Texas Administrative Code Title 30, Chapter 210 (30 TAC 210) regulations on the use of reclaimed water, describe the potential for various uses of reclaimed water, including but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial agricultural, power generation, and recreation. Describe water quality requirements for each potential use. Define the water market for reclaimed water in the study area. o Using information gathered in Task Error! Reference source not found., identify and screen potential reclaimed water users for inclusion in the project based on their water use types and potential demand profile Illustrate potential reclaimed water users on a GIS map o Conduct meetings with up to 20 potential reclaimed water users to gauge their interest in participating in the project. Present information about the historical use of reclaimed water for the various uses the City's existing reclaimed water system, advantages of using reclaimed water responsibilities of the City and the potential users, and the process for becoming a reclaimed water user. o Identify users that are expected to contract for reclaimed water should it become available Obtain letters of intent from interested customers, if possible. Identify potential barriers to implementing a reuse project, such as physical constraints, public acceptance, costs, etc. Identify methods to stimulate recycled water demand and to eliminate obstacles which may inhibit the use of reclaimed water, including pricing. TASK 3. RECLAIMED WATER SOURCES AND REUSE TECHNOLOGY. Identify the sources of reclaimed water and current and future reuse technologies: Potential sources of reclaimed water include the Fort Worth Village Creek Wastewater Treatment Plant (VCWWTP) and a potential water recycling center (WRC). Describe these facilities, including the following information: o Treatment capacities, existing flows, and quantities of available reclaimed water. o Treatment processes, design criteria, and plans for future facilities. o Reclaimed water quality: City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 3 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <X700(> Document the quality of the effluent from the VCWWTP. Identify additional data necessary to evaluate reclaimed water quality requirements and request that the City perform laboratory analyses. Identify any parameters that limit the use of VCWWTP effluent for direct reuse and additional treatment processes necessary to remove the limitation. Review current and pending effluent discharge permit limits for the existing VCWWTP and identify potential regulatory changes that could impact effluent quality. Specifically consider the timing and effluent quality improvements associated with future nutrient removal permit requirements and the impact on various reclaimed water project options. Identify treatment processes necessary for the WRC to provide reclaimed water of suitable quality for the intended uses. Assume that the influent water quality is similar to that at the VCWWTP. Describe the City's existing Village Creek Eastern Reclaimed Water Delivery System, including a list of reclaimed water uses, types and amounts of reuse, and a map of existing pipelines and use sites. Describe "lessons learned" during implementation and operation of the existing project. S ummarize water reclamation and reuse technology currently in use and opportunities for development of improved technologies. TASK 4. WATER QUALITY MODELING. If the Trinity Uptown/Central City demands are included in the proposed project, the City would have to obtain a Texas Pollutant Discharge Elimination System (TPDES) permit to discharge reclaimed water to the urban water features In addition the Uptown/Central City development will be a high -profile development for which maintaining favorable aesthetic water quality conditions is a high priority. This task addresses water quality modeling to be performed to address these issues. Meet with representatives of TRWD and/or TRVA to define water quality goals for the Trinity River Vision Uptown/Central City project. U sing water quality models already developed for the Trinity River Vision U ptown/Central City project, evaluate discharge water quality likely to be required to meet the Texas Surface Water Quality Standards, TPDES permitting requirements and the water quality goals established above. Information from this modeling effort will be used to define treatment goals for the alternatives in Task 5 TASK 5. WATER SUPPLY ALTERNATIVES. Define the water supply objectives that all alternatives are to meet. Describe water supply alternatives (other than the proposed CFWRWDS) to meet the objectives, including benefits of each alternative, total project cost, life cycle cost City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 4 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <XXXX> and corresponding cost of the project water produced expressed in dollars per million gallons and/or dollars per acre-foot. Refine the conceptual design of the CFWRWDS using information developed in the previous tasks. o Define up to three reclaimed water system alternatives and illustrate system infrastructure for each alternative on a GIS map: ■ Alternative 1: Delivery of reclaimed water from the VCWWTP to potential customers. • Alternative 2: Delivery of reclaimed water from a WRC to potential customers. . Alternative 3: Delivery of reclaimed water to potential customers from either the VCWWTP or from a WRC. o Identify the general infrastructure, including but not limited to, wastewater treatment upgrades a WRC, pipelines, pump stations, etc., that is needed to treat and convey reclaimed water to the potential customers while meeting Federal and State legal and permitting requirements. Describe waste -stream discharge treatment and disposal water quality requirements for the reclaimed water system alternatives. TASK 6. IDENTIFY PIPELINE ROUTES. Identify and select pipeline routes for Alternatives 1 through 3: E Perform a detailed analysis of potential pipeline routes based on the following information: o Aerial photographs o Property ownership based on information available from Tarrant County Appraisal District maps o Water and sewer utility maps provided by the City o Field investigation Select preferred pipeline routes for each alterative TASK 7. COSTS AND BENEFITS. Develop cost and benefit information for the CFWRWDS project alternatives: City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 5 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <XXXX> Develop life -cycle cost estimates. The level of detail will be as required for feasibility studies in RM D&S, Cost Estimating (FAC 09-01). Estimates will include: o Capital costs, including expenditures for major structures and facilities and other types of construction and non -construction expenses. o Annual operation, maintenance, and replacement costs. o Unit costs in terms of dollars per million gallons and/or dollars per acre-foot of capacity Identify and analyze potential benefits, including but not limited to, the following: o Reduction, postponement, or elimination of development of new or expanded water supplies; o Reduction or elimination of the use of existing diversions from natural watercourses, or withdrawals from aquifers; o Reduction of demand on existing Federal or other water supply facilities; and o Reduction, postponement, or elimination of new or expanded wastewater facilities. Where sufficient information is available, develop quantitative benefit estimates for the CFWRWDS project alternatives. For benefits that are difficult to quantify (e.g., a drought tolerant water supply, reduced water importation, and other social or environmental benefits) provide qualitative descriptions of the benefits. TASK 8. ENVIRONMENTAL CONSIDERATIONS AND POTENTIAL EFFECTS. For the proposed CFWRWDS project alternatives, identify environmental considerations and potential impacts: Describe potentially significant impacts on endangered or threatened species, public health or safety, natural resources, regulated waters of the United States, or cultural resources. Describe potentially significant environmental effects or unique or undefined environmental risks. Describe the status of required Federal, state, tribal, and/or local environmental compliance measures, including copies of any documents that have been prepared or results of any relevant studies. Describe other available information that would assist with assessing the measures that may be necessary to comply with the National Environmental Policy Act (NEPA) City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 6 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <XXXX> and other applicable Federal, state, or local environmental laws such as the Endangered Species Act or the Clean Water Act. Describe how the proposed CFWRWDS will affect water supply and water quality from the perspective of a regional, watershed aquifer, or river basin condition. Describe the extent of public involvement in the feasibility study and summarize comments received, if any. Describe the potential effects the project may have on historic properties. Include potential mitigation measures, the potential for adaptive reuse of facilities, an analysis of historic preservation costs, and the potential for heritage education, if necessary TASK 9. LEGAL AND INSTITUTIONAL REQUIREMENTS. Identify legal and institutional requirements or barriers to implementation of the proposed CFWRWDS Identify legal and institutional requirements, state, and/or local requirements with the potential to affect implementation of the project. Describe the Texas regulations on use of reclaimed water (30 TAC 210). Identify permits required for implementation. These may include, but not be limited to, a State Chapter 210 authorization a Federal 404 permit and a State TPDES discharge permit. Identify water rights issues potentially resulting from implementation of the proposed water reclamation and reuse project. Identify the need for multi -jurisdictional or interagency agreements, any coordination undertaken, and any planned coordination activities. Describe permitting procedures required for the implementation of water reclamation projects in the study area and any measures that the City can implement that could speed the permitting process. Describe any unresolved issues associated with implementing the proposed water reclamation and reuse project how and when such issues will be resolved, and how the project would be affected if such issues are not resolved. Identify current and projected wastewater discharge requirements resulting from the proposed CFWRWDS. These may include requirements for discharging reclaimed water to the urban water features in the Trinity Uptown/Central City project, disposal of residuals or concentrate, or other requirements. Describe rights to wastewater discharges resulting from implementation of the proposed CFWRWDS. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 7 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <XXXX> TASK 10 ECONOMIC ANALYSIS AND SELECTION OF WATER SUPPLY ALTERNATIVE Taking into account information developed in the previous tasks, perform an economic analysis of the proposed CFWRWDS relative to other water supply alternatives and select the City's preferred water supply alternative: Describe current study area conditions and provide projections of the future with and without the project. Describe how the project can alleviate economic problems and meet future water demands. Compare the costs of the CFWRWDS alternatives and the other water supply alternatives. Cost comparisons will be based on meeting the same water demands and will use the same interest rates and analysis periods. Select a preferred alternative. Justify the selection in terms of meeting objectives, demands needs, cost effectiveness, and other criteria important to the decision. TASK 11. PUBLIC INFORMATION PLAN. Support the City in establishing a Public Information Committee (PIC). The PIC will consist of community leaders or business interests that can provide community impact and perceptions to the Project Team for consideration. Develop press releases and other suitable information for informing the public about the use of recycled water for beneficial purposes. Identify public relationship issues relevant to implementing proposed reclaimed water projects Develop proposed approaches to address the public relationship issues. TASK 12. IMPLEMENTATION AND FUNDING PLAN. Develop an implementation and funding plan, including the following information: A plan for implementing the preferred alternative: o Describe the infrastructure and treatment requirements. o Describe the extent to which the proposed CFWRWDS will use proven technologies and conventional system components. o Identify basic research needs, if any. Describe research needs associated with the proposed water reclamation and reuse project, including the objectives to be accomplished through research. Describe the basis for Reclamation participation in the identified research. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 8 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <)000(> Identify the parties who will administer and conduct necessary research. o Develop a schedule for implementation of the preferred alternative, including basic research, design and construction, customer contracts, permitting, and other necessary elements. A plan for funding the proposed project construction, operation, maintenance, and replacement costs: o Describe the willingness of the City to pay for its share of capital costs and the full operation, maintenance, and replacement costs. o Describe how the City will pay construction annual operation and maintenance, and replacement costs Identify the potential sources of revenue, including grants and/or loans that may be available to fund design and construction of the CFWRWDS. o Describe all Federal and non Federal sources of funding and any restrictions on such sources, for example, minimum or maximum cost -share limitations. o Describe the reasonably foreseeable future actions that the City would take if Federal funding were not provided for the proposed water reclamation and reuse project, including estimated costs. TASK 13. FINAL REPORT. Prepare a Title XVI feasibility report that organizes and describes work performed in the previous tasks and meets applicable requirements of RM Directives & Standards WTR 11- 01 TASK 14. PROJECT MANAGEMENT. Monitor the project staffing, budget and schedule during the project. Assist the City with providing semi-annual financial and program performance reports to the Bureau of Reclamation. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 9 of 10 ATTACHMENT A DESIGN SERVICES FOR <NAME OF PROJECT> CITY PROJECT NO.: <)000(> ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services if needed, upon the CITY's written request Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right -of - entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels Al B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to e asements, right-of-way, and/or temporary right -of -entries. • Services to support, prepare, document, bring, defend, or assist in litigation u ndertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 10 of 10 ATTAC I=a fl!] l N T Coftfi :1iNSATION Design Sek-vices for Central Fort Worth Reclaimed Water Delivery System Feasibility Study City Projoct No. Lump Sum Project I. Compensation • A. The ENGINF R shall bo compensated a total lump sum fee of P88,520 as summarized in Exhibit Engineer Invoice and Section IV o Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. E. The ENGINEER shall be paid monthly payments as described in Section II Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports is as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 B=1 IV. ATTACHMENT B COMPENSATION Summary of Total Project Fees Firm P rime Consultant Alan Plummer Associates, Inc. P roposed M/WBE CP&Y, Inc. P rimary Responsibility Overall project Sub -Consultants N on-M/WBE Consultants P ipeline routes Project Number & Name City M/WBE Goal = 11% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 TOTAL Total Fee $288,520 Fee Amount 257,287 31,737 $288,520 M/WBE Fee $31,737 89% 11% 100% M/WBE % 11% Consultant Committed Goal = 11 % B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Central Fort Worth Reclaimed Water Delivery System Feasibility Study City Project No. No changes or amendments to the Standard Agreement. City of Fort Worth, Texas Attachment C PM0 Release Date: 05.19.2010 Pagel of 1 Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment D o Proiect Schedule FORT WORTH This PROTECT requires a Tier << » schedule as defined herein and in the Citii's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY) (PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: o Changes in the critical path, o Expected schedule changes, o Potential delays, o Opportunities to expedite the schedule, o Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 ® Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 2 of 2 Figure 1 Feasibility Study Area: Central Fort Worth Reclaimed Water Delivery System Iron Ho I Diamond Oa �L Haltom City it IN MI MI W a1$ Trin Uptow Tj Cent C it Pro Gatewa . ,,. liospital District odhave North Richland Hi Richland Hills Lak Arling Hurst e Arling Arlington edforc Euless Legend Golf Courses Feasibility Study Area Wholesale Water Customers Parks Fort Worth City Limits Surrounding Cities 0 0.5 1 2 3 4 5 limes M&C Review Page 1 of 3 OUNCIL ` GENDA Official site of the City of Fort Worth Texas FORT WORT!' COUNCIL ACTION: Approved on 9/18/2012 - Ordinance No. 20397-09-2012 DATE: CODE: SUBJECT: 9/18/2012 C **C-25849 LOG NAME: PUBLIC HEARING: Authorize Acceptance of a WaterSMART Title XVI Grant from the U.S. Department of the Interior Bureau of Reclamation in the Amount of $150,000.00, Authorize Acceptance of a Contribution from the Tarrant Regional Water District in the Amount of $32,000 00, Authorize Execution of a Professional Services Agreement with Alan Plummer Associates, Inc., to Perform a Feasibility Study for the Central Fort Worth Reclaimed Water Delivery System in the Amount Not to Exceed $288,520.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 4, 5 and 8) 60USBR WATERSMART TITLE XVI GRANT REFERENCE NO.: TYPE: CONSENT NO RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of WaterSMART Title XVI Grant from the Department of the Interior Bureau of Reclamation in the amount of $150,000.00 for a feasibility study for the Central Fort Worth Reclaimed Water Delivery System, 2. Authorize the acceptance from the Tarrant Regional Water District of a $32,000.00 non -grant contribution for a feasibility study for the Central Fort Worth Reclaimed Water Delivery System, 3. Approve the transfer from the Water and Sewer Fund in the amount of $106,520.00 to the Grant Fund to count towards the City's match; 4. Authorize the amount of $15,497.00 from the Water and Sewer Fund as in -kind matching funds for this Grant; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $304,017.00; and 6. Authorize the execution of a professional services Agreement with Alan Plummer Associates, Inc., in the amount not to exceed $288,520.00 to perform a feasibility study for the Central Fort Worth Reclaimed Water Delivery System DISCUSSION: Since 2005, the City has committed to exploring the provision of reclaimed water to the region. On May 10, 2005, (M&C C-20721), the City Council authorized the acceptance of a Texas Water Development Board Regional Facility Planning Grant and execution of an engineering Agreement with Alan Plummer Associates, Inc. to develop a Reclaimed Water Priority and Implementation Plan to determine potential reclaimed water customers conceptual system design, cost and feasibility analysis, and public outreach to develop a wholesale and retail customer base for reclaimed water, On August 26, 2008, (M&C C-22998) the City Council authorized the execution of an engineering Agreement with Alan Plummer Associates, Inc , for the design of the Village Creek Reclaimed Water Delivery System to deliver reclaimed water to the cities of Arlington, Euless and DFW International Airport. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17304&councildate=9/18/2012 9/19/2012 M&C Review Page 2 of 3 On March 6, 2012, the City Council authorized the application for financial assistance to the U.S. Department of Interior Bureau of Reclamation WaterSMART Title XVI Water Reclamation and Reuse Program Resolution No 4066-0302012. The Water Department is required to commit matching funds in the amount of $122,017.00 through in -kind contribution of salaries and cash available in the Water and Sewer Fund. In addition, the Tarrant Regional Water District has committed funds to the City to support a feasibility study for water reuse in the amount of $32,000.00. This proposed feasibility study which the water department is seeking approval to execute with Alan Plummer Associates, Inc., will examine alternatives to provide reclaimed water to customers in the study area, located between the Village Creek Water Reclamation Plant (VCWRP) in east Fort Worth and the central downtown area. Through the use of reclaimed water, the proposed project would enhance the City's water efficiency, reduce its demand for raw water from the Tarrant Regional Water District, and help defer the need for additional raw water supplies and potable water treatment and distribution facilities. As part of the scope of work, Alan Plummer Associates, Inc., will evaluate three alternatives: (1) delivery of reclaimed water from the VCWRP to potential customers, (2) delivery of reclaimed water from a Water Recycling Center (WRC) to potential customers, and (3) delivery of reclaimed water to potential customers from either the VCWRP or from a WRC. The proposed study will build on the previous two studies by updating Alternative 1 with additional customers and updated costs and by considering alternative supply sources and delivery infrastructure (Alternatives 2 and 3). Also, the study will include the cost effectiveness and economic benefits of the proposed reclaimed water project. The estimated time for completing the feasibility study will be 18 months beginning in S eptember 1, 2012 and ending in March 1, 2014. P roject funding is comprised of Water Department cash and in -kind services, U.S. Department of Interior Bureau of Reclamation WaterSMART Title XVI Water Reclamation and Reuse Program funds and Tarrant Regional Water District funds. A breakout of funding to meet statutory and regulatory requirements for federal and non-federal funding is as follows: S ource Cash Water Department Water Department Texas Regional Water District U S. Bureau of Reclamation Total In -Kind Salaries $106,520.00 $15,497.00 Federal Other ' Total $106,520.00 $15,497.00 $32,000.00 $32,000.00 $150,000.00 $150,000.00 $106,520.00 $15,497.001 $150,000.00 $32,000.00 $304,017.00 M/WBE — Alan Plummer Associates, Inc., is in compliance with the City M/WBE Ordinance by committing to 11 percent M/WBE participation. The City's goal on this project is 11 percent. This project is located in COUNCIL DISTRICTS 4, 5 and 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon adoption of the attached http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17304&counci ldate-9/18/2012 9/19/2012 M&C Review Page 3 of 3 appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers 51 GR76 531200 065438571000 5) GR76 5 (VARIOUS) 06543857000 1&5) GR76 451215 065438571000 2&51 GR76 451979 065438571000 3&5) GR76 472045 065438571000 4&5) GR76 488279 065438571000 $288.520.00 $15.497.00 $150.000.00 $32.000.00 $106,520.00 $15.497.00 Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers 3) PE45 538070 0709020 62 GR76 531200 065438571000 Fernando Costa (6122) S. Frank Crumb (8207) Richard Talley (8203) ATTACHMENTS 60USBR WATERSMART TITLE XVI GRANT A012.doc Reclaimed Water Feasibility Study Area Map.pdf Tarrant Regional Water District Support Letter.pdf U.S. Bureau of Reclamation Notification.pdf $106, 520.00 $286520.00 http://apps.cfwnet.org/council packet/mc_review.asp?ID-17304&councildate=9/18/2012 9/19/2017