HomeMy WebLinkAboutContract 48728-A3 CITY SECRETARY CONTRACT
NO. 48728-A3
STATE OF TEXAS §
COUNTIES OF TARRANT, §
DENTON,PARKER AND WISE §
AMENDMENT NO. 3 TO CITY SECRETARY
CONTRACT NO. 48728 WITH PLUMMER ASSOCIATES,INC.
THIS CONTRACT AMENDMENT NO.3 is entered into by and between the City of Fort Worth
("City"), a home-rule municipality in the State of Texas, acting through Dana Burghdoff, its duly
authorized Assistant City Manager, and Plummer Associates, Inc., ("Contractor"), by and through
Ellen T. McDonald, its duly authorized principal.
WHEREAS,the City and Contractor,entered into City Secretary No.48728 for a term beginning the
3 Pt day of January, 2018 in the amount of$390,949.00; and
WHEREAS,the Contract involves ongoing technical support for Mary's Creek Water Reclamation
Facility permit process to include support for public meetings and hearings; and
WHEREAS, the parties entered into Amendment No. 1 on July 24, 2019 to amend the scope of
work and increase the not to exceed amount by$25,000,00; and
WHEREAS,the parties entered into Amendment No. 2 on April 29,2020 to amend the scope of
work for additional services and increase the not to exceed amount by$74,890.00; and
WHEREAS,due to the TCEQ's granting of a public meeting on the draft permit for Mary's Creels
Water Reclamation Facility and protests filed, both parties further wish to amend the Contract as
stated in Exhibit A.
NOW,THEREFORE,for and in consideration of the mutual covenants contained herein,and other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged and
confessed,the parties hereto agree as follows:
Section I:The Contract is further amended to provide for continued professional consultant
and engineering services and expertise by the Consultant through the permit application
process to include but not be limited to preparation for public meetings and hearings as
detailed in Exhibit A to this Amendment. The cost for the additional services shown in
Exhibit A which may be performed at the request of the City shall not exceed$200,000.00.
Section II: The Contract is amended to now make the not exceed the amount$690,839.00.
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Section III: All other terms and conditions of City Secretary Contract No. 48728 remain in
full force and effect.
Executed this 29th day of October , 2020.
CITY OF FORT WORTH CONTRACTOR
Dana Burghdoff(Oct 29,20 7:28 CD
Dana Burghdoff Ellen T.McDonald
Assistant City Manager Principal
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ATTEST. p� l° WITNESS:
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0444TEXp 0 5oo'd Date:2020.10.28
16:42:44-05'00'
Mary Kayser Ruben B.
City Secretary VasquezPrincipal
M&C 20-0768 10/20/2020
Recommended By:
Cl ricer f�arder
Christopher Rarder(Oct 29,202013:24 CDT)
Chris Harder, P.E.
City of Fort Worth Water Director
APPROVED AS TO FORM CORPORATE SEAL:
AND LEGALITY:
Chris-ta R. 1-onez-Reynolds
Christa R.Lopez-Reynolds(Oct 29,202014:00 CDT)
Christa R. Lopez-Reynolds
Senior Assistant City Attorney
I
-2-
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Contract Compliance Manager:
By signing,I acknowledge that I am the person responsible for the monitoring and administration of
this contract, including ensuring all performance and reporting requirements.
Stacy Walters
Name of Employee
Regulatory Environmental Administrator
Title
-3-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment#3: Mary's Creek Permitting Support Plummer Project No. 0318-059-01
Exhibit A
Mary's Creek Water Reclamation Facility Permitting Support
Amendment#3: Additional Permitting Support
Scope of Work
Plummer Associates, Inc., ("ENGINEER") is assisting the City of Fort Worth ("CLIENT") in the
permit application and processing for the proposed Mary's Creek Water Reclamation Facility
(WRF). This scope of work describes services related to ongoing technical support of the permit
application process, including preparation for and support at public meetings and hearings that
may be included as part of the permitting process.
BASIC SERVICES
Basic Services include the following tasks.
Task A. Technical Evaluation and Support
As needed and requested by the CLIENT, ENGINEER will perform data analysis, water quality
modeling, treatment evaluations or other technical evaluation tasks associated with support of
the permit application process, including the support of public meetings and hearings.
Task B. Public Communications and Outreach Support
As needed and requested by the CLIENT, ENGINEER will assist in the development of public
communication and outreach materials related to the permit application process. EGINEER
acknowledges that the TCEQ has granted a public meeting for the permit and has received a
request for a contested case hearing. ENGINEER acknowledges and agrees that one purpose
for the development of this public information shall be to help show that the City has met its TCEQ
permit requirements.This information may include, but not be limited to, assistance with message
development, development of informational materials and presentations, and preparation for
meetings.
Task C. Expert Testimony
As needed and requested by the CLIENT, ENGINEER will prepare for and provide expert
testimony to support the administrative hearing process associated with the permit.
Task D. Permit Processing
Plummer Associates, Inc. 1
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Amendment#3: Mary's Creek Permitting Support Plummer Project No. 0318-059-01
As needed and requested by the CLIENT, ENGINEER will review any revised draft permit
language and coordinate with the TCEQ to complete processing of the permit.
Task E. Project coordination and Meetings
As needed and requested by the CLIENT, ENGINEER will prepare for and participate in meetings
to review technical and other information related to the permitting process.
Task F. Proiect Administration
ENGINEERwill track and manage internal schedules of work; monitor and address issues related
to the scope of work, budget and deliverables; prepare and process monthly billings; provide
labor resources necessary to fulfill scoped work; schedule and participate in quality control
reviews; and provide updates to the CLIENT on a regular basis. ENGINEER will prepare a
standard monthly invoice and progress report for all services.
COMPENSATION
Compensation by the CLIENT to the ENGINEER will be on a time-and-materials not-to-exceed
basis. The budget allocated for Basic Services is $200,000. Due to the uncertain nature of the
effort required to support the public hearing process, it is understood by both the CLIENT and
the ENGINEER that these funds may not need to be fully utilized, or that additional funds may be
needed, depending on the specific services requested by the CLIENT.
Plummer Associates, Inc. 2
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTo�i
ir
REFERENCE **M&C 20- 60MARYS CREEK
DATE: 10/20/2020 NO.: 0768 LOG NAME: PERMIT AMEND 3 -
PLUMMER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ETJ W-CD 3 and CD 7) Authorize Execution of Amendment No. 3 to City Secretary
Contract No. 48728 with Plummer Associates, Inc., for Mary's Creek Water Reclamation
Facility Permit Application for Ongoing Technical Support in the Amount Not to Exceed
$200,000.00 for a Revised Contract Amount of$690,839.00 and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment No. 3 to City Secretary No. 48728 with Plummer
Associates, Inc., for the Proposed Mary's Creek Water Reclamation Facility Permit
Application, in the amount not to exceed $200,000.00 for a revised Contract Amount of
$690,839.00; and
2. Adopt attached Appropriation Ordinance adjusting receipts and appropriations in the Sewer
Capital Legacy Fund by increasing receipts and appropriations in the Mary's Creek Water
Recycling Center project (City Project No. C01239) in the amount of $200,000.00, and by
decreasing receipts and appropriations in the Unspecified project (City Project No. UNSPEC)
by the same amount.
DISCUSSION:
On January 31, 2017 Mayor and Council Communication (M&C C-28096), the City Council authorized
the execution of City Secretary Contract No. 48728 with Alan Plummer Associates, Inc. to prepare the
Texas Pollutant Discharge Elimination System (TPDES) permit for the proposed Mary's Creek Water
Reclamation Facility (MCWRF) to the Texas Commission on Environmental Quality (TCEQ).
Amendment No. 1 was approved on July 24, 2018 for additional data review, public outreach and
coordination meetings while Amendment No. 2 was approved on April 29, 2020 for additional water
quality modeling services and data analysis to support the permitting process. Both Amendments No.
1 and No. 2 were administratively approved.
During the course of the project, staff has provided updates to the City Council at various milestones
as needed. Informal Report (IR) 10140, submitted to City Council on May 8, 2018, described the
TCEQ discharge permitting process in detail, while IR 10484, submitted to City Council on September
22, 2020 outlined the public meeting and contested hearing process and timeline.
Amendment No. 3 is needed for additional technical support, expert testimony, and attendance at
meetings with public agencies in the event this discharge permit is referred by the TCEQ to the State
Office of Administration Hearings (SOAH) for a contested hearing. The engineer will provide these
services for an additional amount not to exceed $200,000.00. Staff considers this proposed fee to be
fair and reasonable for the scope of services proposed.
M/WBE OFFICE—A waiver of the goal for SBE subcontracting requirements was requested by the
Department and approved by the OBD, in accordance with the BDE Ordinance, because the purchase
of goods or services is from sources where subcontracting or supplier opportunities are negligible.
This project is located in the Extraterritorial Jurisdiction West of COUNCIL DISTRICTS 3 and 7.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=2 8 3 3 6&councildate=10/20/2020 10/27/2020
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the UNSPEC project within the
Sewer Capital Legacy Fund and upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the Sewer Capital Legacy Fund for the
Mary's Creek Water Recycling C project. Prior to an expenditure being incurred, the Water
Department has the responsibility of verifying the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office bv: Dana Burghdoff(8018)
Originatinq Department Head: Chris Harder (5020)
Additional Information Contact: Stacy Walters (8203)
ATTACHMENTS
60MARYS CREEK PERMIT AMEND 3 - PLUMMER 59607 A021(R2).docx
60MARYS CREEK PERMIT AMEND 3 - PLUMMER MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review,asp?ID=2833 6&councildate=10/20/2020 10/27/2020