HomeMy WebLinkAboutContract 58487 CSC No. 58487
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
("CITY"), and Plummer Associates, Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Mary's Creek Water Reclamation
Facility— Project No. C01239.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article 11
Compensation
The ENGINEER's compensation shall be in the amount up to. $1,773,698.00 as set
forth in Attachment B. Payment shall be considered full compensation for all labor
(including all benefits, overhead and markups), materials, supplies, and equipment
necessary to complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C012391
Revised Date:November 23,2021 OFFICIAL RECORD
Page 1 of 15
CITY SECRETARY
FT.WORTH,TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 4 of 15
i. Business Equity participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in
Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the City has goals for the full and
equitable participation of minority business and/or women business
enterprises in City contracts greater than $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer's written commitment to meet the prescribed MBE and
WBE participation goals. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer
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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C012391
Revised Date:November 23,2021
Page 5 of 15
effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 6 of 15
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. "rimely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 7 of 15
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 8 of 15
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER 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: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 9 of 15
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239)
Revised Date:November 23,2021
Page 10 of 15
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
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. ENGINEER 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.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 11 of 15
The failure of CITY or ENGINEER 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 ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, 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, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2274 of the
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 12 of 15
Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. 'The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. 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 but one and the
same instrument.
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 13 of 15
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services [C01239]
Revised Date:November 23,2021
Page 14 of 15
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Plummer Associates, Inc.
,nwiq ftALI�O�F
Dana Burghdoff(N 17,202 16:27 CSC
Dana Burghdoff
Assistant City Manager Ellen McDonald, P.E.
Date:
Nov 17, 2022 Principal
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aF°"* �d 11/14/2022
;F Date:
As pod
ATTEST:
Tdnnel-feS. Gaadall pia°ndreza5a
Jan netteS.Goodall(Nov1 :16CSTO) nnaona
Jannette S. Goodall
City Secretary
APPROVAL RECOMMENDED:
By:Christopher Hard (Nov16,202207:11CST)
Chris Harder, P. E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-936541
WA
By'Dglack(Nov 17,202214:18 CSn M&C No.: 22-0$92
Douglas W. Black
Sr. Assistant City Attorney M&C Date: 11/8/2022
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.
4, ,— OFFICIAL RECORD
Suzanne Abbe, P.E. CITY SECRETARY
Project Manager FT.WORTH,Tx
City of Fort Worth,Texas [Mary's Creek Water Reclamation Facility]
Standard Agreement for Engineering Related Design Services (C01239]
Revised Date:November 23,2021
Page 15 of 15
ATTACHMENT A
DESIGN SERVICES FOR
MARY'S CREEK WRF PROCESS EVALUATION
CITY PROJECT NO.:C01239
(30/7/2022)
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements
DESIGN SERVICES FOR
MARY'S CREEK WRF PROCESS EVALUATION
CITY PROJECT NO.: C01239
The scope set forth herein defines the work to be performed by the ENGINEER in completing the
project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed
and address the needs of the Project.The purpose of this Agreement is as follows:
Identify and evaluate alternatives for the process selection for the Mary's Creek Water Reclamation
Facility (WRF). Select the plant process to be utilized. Determine the site build-out capacity and
develop a plant site layout for ultimate build-out capacity. Coordinate with prior studies and
evaluations and incorporate the community livability criteria documented in the site selection
criteria.
The evaluation will be based on meeting the treatment limits listed in the draft TPDES permit and as
further modified by the agreement with Tarrant Regional Water District. These include a daily
average total phosphorus limit of 0.1 mg/L and total nitrogen limit of 6 mg/L. The MCWRF will be
evaluated and designed to meet current TCEQ 217 rules for wastewater and current TCEQ 210 rules
for reuse water.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Establish Design Flows,Wastewater Characteristics, and Loads
Task 3. Identify Flow Equalization and Peak Flow Storage Requirements
Task4. Process Evaluations
Task 5. MBR Evaluation and Site Visits
Task 6. Outfall Concept
Task 7. Environmental,Archaeological,and Historical
Task 8. Texas Water Development Board (TWDB) Clean Water State Revolving Fund (CWSRF)
Funding Application Assistance
Task 9. Process Design Report
Task 10. Survey and Geotechnical Investigation
All deliverables shall be furnished as a PDF, along with eleven (11) hard copies for City review. A
draft and final version shall be issued for each deliverable.
City of Fort Worth,Texas
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DESIGN SERVICES FOR
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CITY PROJECT NO.:C01239
(10/7/2022)
TASK 1. Design Management
1.1. Managing the Team
1.1.1. Lead, manage and direct design team activities.
1.1.2. Perform quality control processes in performance of the work.
1.1.3. Communicate internally among team members.
1.1.4. Allocate team resources for effective execution of Tasks.
1.1.5. Provide project management activities to properly plan the work, sequence, manage,
coordinate, schedule, and monitor the scope tasks and completion of the tasks.
1.1.6. Prepare a project management plan including scope, budget,schedule,
communication, project team, and file organization.
1.1.7. Maintain and update on a monthly basis, an action item log, a decision log, a risk
register, and project change log as well as the schedule.
1.2. Internal Team Meetings
1.2.1. Conduct weekly internal team coordination and review meetings as required to
accomplish the work.
1.3. Quality Assurance and Quality Control (QA/QC) Review Meetings
1.3.1. Conduct QC review meetings utilizing senior staff members.
1.4. Communications and Reporting
1.4.1. Kick-off Meeting:Attend a kick-off meeting with the City at the City's facility to review
the scope of work, discuss the work plan,verify City's requirements for the project,
review the schedule for the project, identify critical success factors, and address
potential risks. Discuss site visits to MBR facilities. Review project deliverables,
workshops,and meetings. Kickoff Meeting will be concurrent with Workshop No. 1.
1.4.2. Deliverables: Furnish electronic copy of meeting minutes.
1.4.3. Conduct monthly project meetings with City for 1.5 hours on weeks there are not
review meetings or workshops.
1.4.4. Conduct project workshops and review meetings at the City's facility. Prior to meeting,
send out electronic copy of agenda. Information to be discussed at workshops and
meetings shall be sent out five (5) days prior to each meeting. Four workshops and
meetings are planned and budgeted.
1.4.5. Conduct review meetings with the CITY(Water Department). Up to four(4) review
meetings are planned as follows:
1.4.5.1. Workshop No. 1 -Project Kickoff and Development of Process Scenarios
and Selection Method
1.4.5.2. Review Meeting No. 1—Process Evaluations
1.4.5.3. Review Meeting No. 2—3 Site Plans, Process Diagrams, Solids Balance
1.4.5.4. Review Meeting No. 3—Process Design Report and MBR Equipment
Preferences
1.4.6. BIM 360 will be used for document management.
1.5. Prepare and submit monthly invoices in the format requested by the CITY.
1.6. Prepare and submit monthly progress reports in the format provided by the Water
Department.
1.7. Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a
schedule narrative monthly, as required in Attachment D to this Standard Agreement and
according to the City of Fort Worth's Schedule Guidance Document.
1.8. Complete Monthly Business Equity Report Form and Final Summary Payment Report Form at
the end of the project.
City of Fort Worth,Texas
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1.9. Personnel and Vehicle Identification: When conducting site visits to the project location,the
ENGINEER or any of its sub-consultants shall carry readily visible information identifying the
name of the company and the company representative.
1.10. Assumptions
1.10.1. Seven (7) Business Equity reports will be prepared
1.10.2. Four(4) meetings and workshops with larger group of City staff
1.10.3. Seven (7) monthly water department progress reports will be prepared
1.10.4. Seven (7) monthly project schedule updates will be prepared
1.11. Deliverables
1.11.1. Meeting summaries with action items, up to four(4) in person review meetings and
workshops and weekly project meetings.
1.11.1.1. Workshop No. 1: Electronic copy of the meeting minutes.
1.11.1.2. Review Meeting No. 1: Electronic copy of the meeting minutes.
1.11.1.3. Review Meeting No. 2: Electronic copy of the meeting minutes.
1.11.1.4. Review Meeting No. 3: Electronic copy of the meeting minutes.
1.11.2. Monthly invoices
1.11.3. Monthly progress reports
1.11.4. Baseline design schedule
1.11.5. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
1.11.6. Monthly Business Equity Report Form and Final Summary Payment Report Form
TASK 2. ESTABLISH DESIGN FLOWS,WASTEWATER CHARACTERISTICS,AND LOADS
2.1. Wastewater flows
2.1.1. Compile and review available historical flow data for the basin.
2.1.2. Review service area population and flow projections utilizing information provided by
others, including offsite pump station and force main designers.
2.1.3. Develop design flows (annual average flow, max month flow, diurnal curve, peaking
factors, peak day flow(2-year 24-hour), peak 2-hour flow)for initial 10 MGD, interim,
and build out. Flows will be based on historical data and otherflow projections
furnished to ENGINEER.
2.1.4. Prepare a technical memorandum summarizing flow information.
2.1.5. Discuss design flow data and projections with City and incorporate City's comments.
2.1.6. Finalize a technical memorandum and coordinate with others as necessary.
2.1.7. Deliverable:Technical Memorandum summarizing projected population and flows.
2.2. Wastewater Characteristic and Load Analysis
2.2.1. ENGINEER shall assist the City with lab analyses for a period of up to three months.
2.2.2. Analyze 3 years of wastewater quality data from Village Creek WRF.
2.2.3. Assess impact of industrial discharges in service area.
2.2.4. Analyze wastewater quality from Mary's Creek WRF service area.
2.2.5. Develop wastewater design wastewater characteristics and loads based on available
data and TCEQ criteria. Year-long data will be summarized in subsequent project
phases. Wastewater loads to be updated in subsequent project phases as necessary
based on year-long sampling.
City of Fort Worth,Texas
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PMO Release Date:07.23.2012
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ATTACHMENT A
DESIGN SERVICES FOR
MARY'S CREEK WRF PROCESS EVALUATION
CITY PROJECT NO.:C01239
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2.2.6. Prepare a technical memorandum summarizing wastewater characteristics and load
analysis.
2.2.7. Discuss wastewater characteristics, loads, and assumptions with City and incorporate
City's comments.
2.2.8. Finalize a technical memorandum summarizing wastewater characteristics and load
analysis.
2.2.9. Deliverable:Technical Memorandum summarizing sampled, historical, and TCEQ waste
concentrations, as well as design concentrations and loads in pounds per day for AAF,
MMF, and peak day conditions for each horizon that flows are generated.
2.3. Reuse—Provide technical memorandum including treatment goals and drivers,current and
potential future regulatory requirements, and design criteria for pumping and storage.
Memorandum shall include sections on:
2.3.1. 210 Reuse including phasing for initial and ultimate capacity, and
2.3.2. Potable Reuse including space for treatment units including reverse osmosis and
advanced UV oxidation.
2.3.3. Reuse flows will be based on the results of the Bureau of Reclamation study.
2.3.4. Discuss reuse flow projections with City and incorporate City's comments.
2.3.5. Reuse evaluation does not include service area potential analysis.
2.3.6. Deliverable:Technical memorandum summarizing 210 and potable reuse
requirements, design criteria for pumping and storage, capacity, list of treatment
processes required with footprint shown on site plan.
TASK 3. IDENTIFY FLOW EQUALIZATION AND PEAK FLOW STORAGE REQUIREMENTS
3.1. ENGINEER shall develop a spreadsheet model combining gravity and force main flows at
Headworks developed from the review of the time series flow data and flow projections in Task
2. Update flow model after selection of design process scenario.
3.2. Peak Flow Options
3.2.1. Attend a meeting with the CITY and the City's consultant reviewing the collection
system to determine the extent of peak flows pumped to MCWRF.
3.2.2. Evaluate size and cost impact on Equalization Basin and Peak Flow Storage Basin based
two peak flow options. CITY or their consultant shall furnish a hydrograph of the peak
flow for both options.
3.2.2.1. Full peak flow going to MCWRF
3.2.2.2. Limiting peak flow to MCWRF allowing some peak flows to bypass the
Mary's Creek Confluence,Walnut Creek, and/or Upper Clearfork Lift
Stations and flow to Village Creek.
City of Fort Worth,Texas
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DESIGN SERVICES FOR
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CITY PROJECT NO.:C01239
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3.3. Peak flow storage basin construction type to accommodate needed storage volume to identify
basin footprint. Determine volumes and Class 5 OPCC for Equalization Basin and Peak Flow
Storage Basin for initial, interim phases, and build out based on two different peak flow rates
and maximum MBR throughput. ENGINEER shall consider required basin volumes for each peak
flow scenario. Contact tank suppliers to determine volume and configuration feasibility, and
cost for each option. Determine basin footprint and develop Class 5 OPCC for each option.
Information developed for the peak flow storage basin shall be used to develop maximum
overall site treatment capacity limit.
3.4. Discuss equalization basin and peak flow storage sizes with City and incorporate City's
comments.
3.5. Deliverable:
3.5.1. Flow Management Meeting: Electronic copy of the meeting minutes.
3.S.2. Technical Memorandum summarizing volumes and sizes for Equalization Basin and
Peak Flow Storage Basin.
TASK 4. PROCESS EVALUATIONS
4.1. The purpose of this task is to evaluate various process configurations that include the unique
features of MBR processes for nutrient removal with a flexible, robust, and cost-effective
operation.This task shall provide guidelines to continue designing the 30% package for the
initial phase as well as provide direction to design subsequent expansions for reaching ultimate
build-out capacity.
ENGINEER will develop a draft list of 12 complete plant process scenarios to review with the
CITY. Scenarios will include all treatment units in the liquid and solids process trains, including
nutrient removal secondary treatment process capable of meeting the nutrient effluent limits
such as the 5-stage Bardenpho and Modified University of Cape Town (MUTC) processes.
Secondary processes that do not produce low level nutrient effluent will not be considered.
Each of the process evaluation options discussed below will be included in one or more
scenario(s). Some scenarios may include treatment units that could be added after the initial
plant construction,such as primary treatment and anaerobic digesters. ENGINEER will also
develop a list of screening criteria used to evaluate the costs and benefits of each option to
determine which scenarios will be evaluated in further detail.
In Workshop 1 ENGINEER will present the draft information and to solicit input from the CITY
on priorities and preferences. After the Workshop ENGINEER will revise the 12 scenarios and
selection criteria and present to the City prior to proceeding with the screening evaluations.
4.2. ENGINEER shall evaluate options and make recommendations for items listed below, based on
ability to meet treatment goals, relative construction and O&M costs,footprints, maximizing
site build out treatment capacity, operating ranges, maintenance considerations, and energy
efficiency. Evaluation shall be done for selection of:
4.2.1. Screening. Conduct evaluation of various types of screening by contacting
manufacturers for screen capabilities, configurations, and costs; and comparing to
project treatment goals for:
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City of Fort Worth,Texas
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PMO Release Date:07.23.2012
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DESIGN SERVICES FOR
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CITY PROJECT NO.:C01239
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4.2.1.1. Coarse screening(3 types)
4.2.1.2. Fine screening (3 types)
4.2.2. Preliminary treatment. Evaluate two types of grit removal systems. Contact
manufacturers for grit removal capabilities, configurations, and costs; and comparing
to project treatment goals.
4.2.3. Primary,secondary, and solids treatment. Initially identify up to twelve (12) process
configurations (with and without primary clarification and anaerobic digestion)to
achieve the effluent limits and integrate the City's preference for solids treatment.
Later,with City's input,the selection criteria will be used to select the six(6) best
process configurations for inclusion in a screening analysis. Individual components of
some scenarios may be redefined based on the results of process evaluations so the
detailed scenario evaluations are based on the best processes for meeting the CITY's
goals. Selected process configurations would include the assessment of the following
facilities:
4.2.3.1. Primary treatment (no primary treatment, primary clarifiers, primary filters)
4.2.3.2. Secondary treatment using nutrient removal configurations with
anaerobic/anoxic/aerobic zones arranged in different sequences and
combinations.Typical and well-known MBR process configurations to
achieve nitrogen and phosphorus biological removal include the Bardenpho
(5-stage and 4-stage),the Modified University of Cape Town (MUCT), and
the Virginia Initiative Process (VIP). Evaluation to include process models
using flat plate and hollow fiber MBR. Process models will determine basin
sizes and recycles for 10 MGD AAF facility. Nutrient removal includes:
• Ammonia,
• Total nitrogen, and
• Total phosphorus using chemical and biological removal methods to
achieve current permit limits and potential future levels.
4.2.3.3. Solids handling digesters (no digesters or anaerobic digesters)
• Consider cost/benefit of digester gas for power or cogeneration.
• Consider cost/benefit of side stream treatment
• Consider cost/benefit on solids reduction
4.2.3.4. Biosolids Processing for primary sludge and MBR WAS streams for landfill,
class AB (lime stabilization) and Class A biosolids (thermal dryer), including
processes for:
• Liquid sludge storage prior to biosolids processing
• Thickening,
• Lime processing(for Class AB biosolids option)
• Thermal drying (for Class A biosolids option)
• Biosolids product storage. This includes storage during sustained wet
weather events
• Odor control for sludge storage tanks as well as biosolids processing
activities and product storage. Odor control considerations must be
tailored to meet stringent onsite requirements.
• Biosolids evaluation will consider impact of liquid train, MBR process
flow streams, and Westside WTP solids on biosolids options. Life cycle
City of Fort Worth,Texas
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DESIGN SERVICES FOR
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CITY PROJECT NO,:C01239
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cost analysis for disposal options are limited to cost per ton for landfill
disposal or the City's current contract unit costs.
4.2.4. Using evaluations listed above, develop 3 complete plant process scenarios, and
comparing each for cost and non-cost factors. Cost evaluation will be based on relative
Class 5 OPCC and relative O&M costs.
4.2.5. Odor Control, including identifying major sources,treatment concepts, design
parameters, and strategies.
4.2.6. Coordinate with local power company to determine requirements to bring power to
site. Develop redundancy strategies (generator vs. dual feed) based on estimated
loads and availability of dual feed.
4.2.7. Discuss results of each process evaluation with City and incorporate City's comments.
4.2.8. Deliverables:
4.2.8.1. Summary memorandum with options and recommendations for screenings
and grit removal.
4.2.8.2. Technical memorandum summarizing options and recommendations for
inclusion of primary treatment using primary clarifiers or primary filters.
4.2.8.3. Technical memorandum summarizing options and recommendations for
inclusion of anaerobic digesters and power generation.
4.2.8.4. Technical memorandum summarizing evaluation of nutrient removal using
process models. Memorandum will include model assumptions, projected
effluent quality, required basin sizes, estimates of solids generation, and
estimates of chemical usage for each option considered based on a 10 MGD
AAF.
4.2.8.5. Technical memorandum summarizing three biosolids options and
recommendations for biosolids processing, including treatment
processes/units, basin sizes and impact from Westside WTP residuals.
4.2.8.6. Technical memorandum summarizing sources,treatment options,and
recommendations for odor control.
4.2.8.7. Technical memorandum summarizing options and recommendation for
bringing power to plant site and for power redundancy strategy.
4.2.8.8. Technical memorandum describing three process scenarios and process
modeling of three process scenarios. Memorandum will discuss the and the
screening process using relative construction and relative 0&M costs,and
non-cost factors to narrow process selection from three process scenarios
to a recommended scenario. Describe process modeling of three process
scenarios incorporating solids recycle treatment as needed.
4.2.8.9. Figure showing solids mass balance including liquid recycle streams for
three scenarios.
4.2.8.10. General Layouts of Site (up to three),Site Capacity for each layout, Process
Diagrams (up to three for liquids train and three for solids train).
TASK S. MBR EVALUATION AND SITE VISITS
5.1. MBR Evaluation
ENGINEER shall:
5.1.1. Determine number of trains/basins for 10 MGD system, and peak flow capability for
each manufacturer.
City of Fort Worth,Texas
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DESIGN SERVICES FOR
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CITY PROJECT NO.:C01239
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5.1.2. Determine number of trains/basins for build out capacity, and at interim flow rates for
each manufacturer.
5.1.3. Develop and score non-cost scoring criteria with City based on:
• Warranty,
• Manufacturer experience,
• Energy Usage,
• Safety,
• Chemical Usage,
• Footprint,
• Flux rates at average day, max month, and max day conditions,
• Operational considerations and operating modes,
• Pretreatment requirements,
• Ease of maintenance,
• Number of instruments,valve actuators, and equipment items, and
• Ability to retrofit system to different membrane system in future.
5.1.4. Provide relative cost analysis to compare differences in construction and 0&M costs
between the different MBR systems.
5.1.5. In conjunction with process modeling in Task 4, determine the following:
5.1.5.1. Basin basic arrangement with volumes of anaerobic, anoxic,and aerobic
zones,
5.1.5.2. Hydraulic approach for permeate (pump for hollow fiber, pump assist or
gravity flow for flat plate),
5.1.5.3. Annual chemical and cleaning costs.
5.1.5.4. CIP waste handling concepts,
5.1.6. Discuss scoring criteria and initial MBR process configuration with City and incorporate
City's comments.
5.1.7. Deliverables:
5.1.7.1. Technical memorandum listing non-cost scoring criteria for City staff review.
5.1.7.2. Technical memorandum summarizing three MBR manufacturers, including
information determined in evaluation listed above.
5.2. MBR Site Visits
ENGINEER shall coordinate and attend with City Staff:
5.2.1. Site visits to three (3) membrane bioreactor(MBR)sites,one of which is local.
5.2.2. Webinars from three (3) MBR membrane equipment suppliers.
5.2.3. Review Meeting No. 3 to discuss City staffs treatment unit and equipment preferences
for MBR package.
5.2.4. Deliverables:
5.2.4.1. Meeting minutes summarizing City staff's treatment unit and equipment
preferences.
TASK 6. OUTFALL CONCEPT
6.1. ENGINEER shall determine outfall concept for discharge location in permit.
6.1.1. Stake location of outfall based on coordinates in discharge permit application.
City of Fort Worth,Texas
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DESIGN SERVICES FOR
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CITY PROJECT NO.:C01239
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6.1.2. Coordinate with U.S. Army Corps of Engineers (USACE)for outfall structure located in
floodplain
6.1.3. Develop up to three (3) discharge outfall concepts.
6.1.4. Prepare technical memorandum describing each outfall concept, pros and cons,
floodplain construction regulatory impacts, and Class 5 OPCC.
6.1.5. Discuss outfall concepts with City and incorporate City's comments.
6.2. Deliverables:
6.2.1. Furnish technical memorandum with concept drawings of up to three (3) discharge
outfall concepts.
TASK 7. ENVIRONMENTAL,ARCHAEOLOGICAL,AND HISTORICAL
7.1. Environmental
ENGINEER shall provide the following environmental services based on a single site visit:
7.1.1. Delineation of aquatic resources identified on the property
7.1.1.1. Obtain background information for the task
7.1.1.2. Conduct an on-site investigation to visually assess the site and to delineate
the limits of aquatic resources, including abutting wetlands.
7.1.1.3. Prepare an Aquatic Resources Delineation Report
7.1.2. Threatened and endangered species letter report
7.1.2.1. Obtain background information for the task
7.1.2.2. Conduct an on-site survey of the approximately 83-acre project area for
potential threatened or endangered species and/or critical habitat for
species listed for Tarrant County.
7.1.2.3. Prepare a letter report documenting the findings of the investigation for
threatened or endangered species and/or designated critical habitat for the
project area.
7.1.3. Fort Worth Tree Preservation Permitting
7.1.3.1. Perform tree survey of the approximately 83-acre project area.
7.1.3.2. Prepare a letter report documenting the tree survey.
7.1.3.3. Prepare a tree permit application for submittal to the City.
7.1.4. Environmental Information Document(EID)/NEPA
7.1.4.1. Develop graphics for all identified issues based on information and data
collected during previous site investigations
7.1.4.2. Prepare the draft EID report
7.1.4.3. Distribute copies of the draft EID to public state and federal agencies for
review and comment.
7.1.4.4. Prepare a presentation of the EID and present at a public meeting. City to
provide facility for meeting.
7.1.4.5. Revise EID based on comments from agencies and from public hearing.
Deliver EID to TWDB or other agencies.
7.1.5. USACE Section 404 Authorization
7.1.5.1. Conduct one (1) pre-application meeting with USACE (via remote software
(e.g., MicrosoftTeams)to discuss the identified waters of the U.S. (WOTUS)
resources, potential impacts, and permitting pathways.
City of Fort Worth,Texas
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7.1.5.2. Prepare the Section 404 Pre-Construction Notification (PCN), assuming
authorization for proposed project impacts to WOTUS will be via general
permit(e.g., nationwide permit)for)for submittal to the USACE.The permit
package shall be provided to the City for review and signature. Plummer to
submit application to the USACE.
7.1.6. Deliverables:
7.1.6.1. Report listing Aquatic Resources Delineation.
7.1.6.2. Letter report for Threatened and Endangered Species.
7.1.6.3. Tree Survey Report
7.1.6.4. Draft and Final EID and compilation of responses from agencies,
presentation and notes from public meeting,tracking list of all comments
and disposition of comments, response from TWDB on final EID.
7.1.6.5. 404 Permit Application (PCN);Verification of Authorization Letter from
USACE (404 Permit)
7.2. Archaeological and Historical
Engineering shall provide the following cultural/historical services based on a single site visit:
7.2.1. Cultural Resources Services
7.2.1.1. Cultural resources services will be provided by a subconsultant,AmaTerra.
7.2.1.2. Provide cultural resource-related background review and coordination,field
survey, and reporting necessary for compliance with Antiquities Code of
Texas (ACT) and federal level archeological and historical resource
regulatory oversight.
7.2.1.3. Determine the proposed project's potential for impacting significant
archeological and/or historical resources based on desktop-level
background information.
7.2.1.4. Compile that information into an ACT letter for delivery to the Texas Historic
Commission (THC) and, if necessary,the USACE.A draft shall be sent to the
City for review and revision, as necessary, prior to the approved letter being
sent to the THC fortheir formal 30-day regulatory review.
7.2.1.5. Assuming that the preliminary effects assessment does not change,the
letter will seek agency concurrence that:
• an intensive pedestrian archeological survey will be required to assess
project-related effects to archeological cultural resources, but that
• an architectural survey will NOT be required to assess project-related
effects to historic resources. Such recommendations, however,will
ultimately be the THC's decision.
7.2.1.6. Prepare an Antiquities Permit application.The application package shall be
submitted to the City for review. Upon approval and receipt of City
signature,the permit application shall be submitted to the THC for their
review and eventual permit issuance.
7.2.1.7. Conduct an on-site archeological survey. Preliminary review of soils and
subsurface geology for the site indicates a lack of Holocene deposits,
suggesting that backhoe trenching may not be necessary to fully evaluate
j the potential for deeply buried resources.This decision will ultimately be up
to the THC.
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City of Fort Worth,Texas
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7.2.1.8. Prepare TexSite form(s)for any archeological site(s) recorded. Prepare a
comprehensive report that details project components,field methods and
observations, recorded sites (if any) and regulatory recommendations for
the proposed water reclamation facility project. A draft will be electronically
submitted to the City for review and comment,then (upon
revision/approval) sent to the THC for their review.
7.2.1.9. Prepare final report in accordance with the Antiquities Permit requirements
and the scope provided and submit all photographs, notes, and forms to a
state approved curation facility for permanent curation.
7.2.2. Deliverables:
7.2.2.1. ACT(electronic PDF file) and Antiquities Permit application,with
Comprehensive Report.
TASK 8. Texas Water Development Board (TWDB) Clean Water State Revolving Fund (CWSRF)
Funding Application Assistance
8.1. ENGINEER shall conduct virtual pre-application meeting with TWDB for Intended Use Plan (IUP).
8.2. Assist City with Project Information Forms (PIF)for application for IUP.
8.3. Participate in a pre-application meeting with TWDB staff. CITY will schedule the meeting with
the TWDB. The purpose of the meeting is to discuss current requirements with TWDB staff.
8.4. Deliverables:
8.4.1. Meeting minutes
TASK 9. PROCESS DESIGN REPORT
9.1. ENGINEER shall prepare a draft process design report suitable for submission to TWDB as an
engineering feasibility report including:
9.1.1. Executive summary including WRF drivers and treatment objectives
9.1.2. Raw wastewater flow and quality characteristics
9.1.3. Flow and population projections
9.1.4. Summary of collection system
9.1.5. Effluent discharge flow and quality characteristics
9.1.6. Biosolids quantity and quality
9.1.7. Sludge handling concepts
9.1.8. Water reclamation facility site layout
9.1.9. Process to be utilized
9.1.10. Process flow diagrams
9.1.11. Table of treatment unit sizes (determined in tasks above)
9.1.12. Non-potable reuse system
9.1.13. Offsite power requirements
9.1.14. Summary of buildings
9.1.15. Summary of process evaluations in Tasks 4 and 5.
9.1.16. Summary of OPCC and the 0&M costs developed in individual process evaluations.
9.1.17. Project Schedule
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 11 of 17
ATTACHMENT A
DESIGN SERVICES FOR
MARY'S CREEK WRF PROCESS EVALUATION
CITY PROJECT NO.:C01239
(10/7/2022)
9.1.18. Recommendation for overall treatment process with site plan and detailed process
flow diagram.
9.1.19. Engineering feasibility report will be updated/supplemented with additional
information in a future project to include relevant additional information developed in
later phases of the project prior to submission to the TWDB.
9.2. Prepare a Class 5 opinion of probable construction cost (OPCC)for the construction of the initial
10 MGD phase of the plant, including the recommended biosolids option. Costs will be based
on cost per gallon of treatment instead of a more detailed quantity take off. O&M costs and
overall present worth cost analysis are not included in this effort.
9.3. Phasing Plan
9.3.1. Engineer will develop phasing plan for plant based on process selected,for initial 10
MGD facility,for ultimate build-out, and for interim phases. Facilities shall include all
major treatment units,support facilities, administration and maintenance buildings,
and solids processing facilities. It is anticipated that some facilities and buildings will
be constructed in the initial phase with space for subsequent phase equipment,
including the equalization basins and peak flow storage basins.
9.3.2. Engineer shall develop a color-coded site plan showing facilities included in each
phase,for the initial project and for the ultimate build-out including all treatment
units, pump stations, buildings, estimated footprints for stormwater facilities,
roadways. and parking areas. Also include major electrical and yard piping corridors.
Determine what facilities will have buildings or enclosures for equipment for noise
and aesthetic concerns.
9.3.3. Engineer shall develop detailed process flow diagrams (PFD)for initial 10 MGD
project, interim phases, and for ultimate build-out. PFDs shall include both liquids
process and solids process units with recycle streams, and facilities to accommodate
peak flows.
9.4. Review draft process design report with City and incorporate City's comments into final report.
9.5. Deliverables:
9.5.1. Process Design Report
TASK 10.SURVEY AND GEOTECHNICAL INVESTIGATION
10.1. Survey and GIS Site Model
10.1.1. ENGINEER shall have subconsultant conduct survey of site.
10.1.2. Field mark outfall location listed in permit, as well as geotechnical boring locations.
10.1.3. Development of GIS model of site, including contours, aerial photo,floodplain and
floodway maps,soil maps, existing and proposed facilities, streets and highways,
and major utilities.
10.1.4. Deliverables:
10.1.4.1. GIS model of site
10.2. Geotechnical Investigation
City of Fort Worth,Texas
Attachment A
PMO Release Date:07,23.2012
Page 12 of 17
ATTACHMENT A
DESIGN SERVICES FOR
MARY'S CREEK WRF PROCESS EVALUATION
CITY PROJECT NO.:C01239
(30/7/2022)
10.2.1. ENGINEER shall determine geotechnical soil boring information needs for site
layout for the WRF site.
10.2.2. Arrange for subconsultant to conduct geotechnical borings and perform soil
classification and parameter testing.
10.2.3. Develop geotechnical investigation report with soil boring logs, and soil test
information.
10.2.4. The budget is based on conducting 32 soil borings, approximately 40-ft depth.
10.2.5. Conduct site visits and review soil reports and drilling logs in vicinity to determine
general soils information.
10.2.6. Deliverables:
10.2.6.1. Draft and Final geotechnical investigation engineering report with soil
classifications and foundation recommendations.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 13 of 17
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ATTACHMENT A
DESIGN SERVICES FOR
MARY'S CREEK WRF PROCESS EVALUATION
CITY PROJECT NO.:C01239
(10/7/2022)
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:
1. Services related to damages caused by fire,flood, earthquake, or other acts of God.
2. Services related to submitting for permits (ie.TxDOT, railroad, etc...)
3. Services related to Subsurface Utility Engineering Levels A, B, C, or D
4. Services related to Survey Construction Staking
5. Services related to acquiring real property including but not limited to easements, right-of-way,
and/or temporary right-of-entries.
6. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY.
7. Preparing applications and supporting documents for grants, loans, or planning advances for
providing data for detailed applications except as specifically included in Basic Services.
8. Preparing environmental impact statements, storm water discharge permits, and 404 permit
applications, except as specifically included in the Basic Engineering Services.
9. Performing stream flow modeling to assess impacts of the discharge on the stormflow in the
creek.
10. Performing stormwater of floodplain hydraulic modeling.
11. Appearing before regulatory agencies or courts as an expert witness in any litigation with third
parties including condemnation proceedings arising from the development or construction of
the Project, including the preparation of engineering data and reports for assistance to the City.
12. Investigations involving detailed consideration of operation, maintenance and overhead
expenses, and the preparation of rate schedules, earnings and expense statements, feasibility
studies, appraisals, evaluations, assessment schedules, and material audits for inventories
required for certifications by force account performed by the City.
13. Public relations activities and consulting services, except as specifically included in Basic
Services.
14. Any other additional services that may be required by the City for completion of the Project that
are not included in the Basic Engineering Services.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 17of17
ATTACHMENT B
COMPENSATION
Design Services for
Mary's Creek WRF Process Evaluation
City Project No. C01239
Time and Materials with Multiplier Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by Direct Salaries
multiplied by a factor of 3.29.
Direct Salaries are the amount of wages or salaries paid ENGINEER's
employees for work directly performed on the PROJECT, exclusive of all payroll-
related taxes, payments, premiums, and benefits.
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of five percent (5%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end
so that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
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:8.09.2012
Page 2 of 4
B-2
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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:8.09.2012
Page 4 of 4
B-4
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Mary's Creek WRF Process Evaluation
City Project No. C01239
No changes to Standard Agreement
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page I of I
ATTACHMENT "D"
SCHEDULE
Mary's Creek WRF Process
Evaluation
City Project No. CO1239
City of Fort Worth,Texas
Attachment D
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ATTACHMENT "F"
CERTIFICATE OF INSURANCE
Mary's Creek WRF Process Evaluation
City Project No. C01239
City of Fort Worth,Texas
Attachment F
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, November 8, 2022 REFERENCE NO.: **M&C 22-0892
LOG NAME: 60MARY'S CREEK WRFPECD-PLUMMER
SUBJECT:
(ETJ W- CD 3 and CD 7)Authorize Execution of an Engineering Agreement with Plummer Associates, Inc.
in the Amount of$1,773,698.00 for the Mary's Creek Water Reclamation Facility Process Evaluation and
Concept Design, Adopt a Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of
Future Debt, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal
Years 2023-2027 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize execution of an Engineering Agreement with Plummer Associates, Inc. in the amount of
$1,773,698.00 for the Mary's Creek Water Reclamation Facility project (City Project No. C01239);
2.Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of
future debt for Mary's Creek Water Reclamation Facility project; and
3.Adopt the attached appropriation ordinance adjusting appropriations in the W&S Commercial Paper
Fund by increasing appropriations in the Mary's Creek Water Reclamation Facility project (City
Project No. C01239) in the amount of$2,143,498.00 and decreasing appropriations in the W&S
Commercial Paper project(City Project No. UCMLPR) by the same amount to effect a portion of
Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
This Mayor and Council Communication provides for Plummer Associates, Inc. to conduct the process
evaluation and concept design proposed for the Mary's Creek Water Reclamation Facility for a fee not to
exceed $1,773,698.00.
The scope of services includes identifying and evaluating alternatives for the treatment process selection
for the facility selecting the plant process to be utilized, determining the site build-out capacity and
developing a plant site layout for ultimate build-out capacity, coordinating with prior studies and
evaluations and incorporating the community livability criteria documented in the site selection criteria.
In addition to the contract amount, $369,800.00 is requested for project management and material
testing.
This project will have no impact on the Water Department's operating budget when complete.
This project is anticipated to be included in a future revenue bond issue for the Water& Sewer Fund.
Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation
authority authorized under the Callable Commercial Paper Program (CP)will be used to provide interim
financing for this project until debt is issued. Once debt associated with this project is sold, bond
proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance
with the attached reimbursement resolution. Under federal law, debt must be issued within approximately
three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not
obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt
bond proceeds.
60MARY'S CREEK WRFPECD-PLUMMER
Capital Budget
Fund Project FY 2023 CIP Authority Change Revised FY
Name Name Appropriations) (Increase/ 2023 Budget
Decrease)
56021 — C01239 — $0.00 This M&C $2,143,498.00 $2,143,498.00
W&S Mary's
Commercial Creek
Paper Water
Reclamation
_ Facility
Funding for the Mary's Creek Water Reclamation Facility project is depicted below:
Fund Existing Additional project Total*
Appropriations Appropriations _ _
Sewer Capital
Legacy - Fund $6,563,076.09 $0.00 $6,563,076.09
59607
Water & Sewer
Bond 2017A- $287,415.00 $0.00 $287,415.00
Fund 56011
W&S Commercial
Paper- Fund $0.00 $2,143,498.00 $2,143,498.00
56021
Project Total 11 $6,850,491.09 $2,143,498.00 $8,993,989.09
*Numbers rounded for presentation.
Funding is currently available in the W&S Commercial Paper project within the W&S Commercial
Paper Fund for the purpose of funding the Mary's Creek Water Reclamation Facility project.
BUSINESS EQUITY: Plummer Associates, Inc. is in compliance with the City's Business Equity
Ordinance by committing to 16 percent MWBE participation on this project. The City's MWBE goal on this
project is five percent.
This project is located in the Extraterritorial Jurisdiction (ETJ)west of Council Districts 3 and 7.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are currently available in the W&S Commercial Paper project
within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption
of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for
the Mary's Creek Reclam. Facility project to support the approval of the above recommendations and
execution of the contract. Prior to an expenditure being incurred, the Water Department has the
responsibility of verifying the availability of funds.
FUND IDENTIFIERS (FIDs).:
TO nd[Department ccount Project Program ctivity Budget Reference #r��_-1 Year (Chartfield 2)
FROM
Fund Department-(Account Project Program ctivity Budge—t-I Reference # A om unt,
ID -- — -ID _- -- _� Year L. (Chartfield 2) -- - -
CERTIFICATIONS:
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Suzanne Abbe (8209)
ATTACHMENTS
1. 60MARY'S CREEK WRFPECD-PLUMMER FID Table (WCF 10.19.22).xlsx (CFW Internal)
2. 60MARY'S CREEK WRFPECD-PLUMMER funds availabilitypdf (CFW Internal)
3.60MARYSCREEKWRFPECD-PLUMMER 1295.pdf (CFW Internal)
4. 60MARYSCREEKWRFPECD-PLUMMER COMPLIANCE MEMO.pdf (CFW Internal)
5. 60MARYSCREEKWRFPECD-PLUMMER MAP.pdf (Public)
6. 60MARYSCREEKWRFPECD-PLUMMER SAM.pdf (CFW Internal)
7. ORD.APP60MARYS CREEK WRFPECD-PLUMMER 56021 AO23(r3).docx (Public)
8. PBS CPN C01239 V2.pdf (CFW Internal)
9. Res.60MCWRFDESIGN-PLUMMER V2.docx (Public)
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