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HomeMy WebLinkAboutContract 48728 i CITY SECRETARY CONTRACT NO. Z b AN AGREEMENT FOR THE PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY FOR THE CITY OF FORT WORTH This AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Parker, Denton, and Wise Counties, Texas, as executed by Jesus J. Chapa, its duly authorized Assistant City Manager, and Alan Plummer Associates, Inc. ("Consultant"), a Texas Corporation, as executed by Ellen T. McDonald, P.E., its duly authorized Principal, each individually referred to as a"party" and collectively referred to as the "parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A—Location Map 3. Exhibit B—Scope of Services and Time of Deliverable 4. Exhibit C—Payment Schedule and Hourly Rates 5. Exhibit D—Special Terms and Conditions All Attachments included hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the documents, the terms and conditions of this Professional Services Agreement shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services to assist the City in preparing, submitting and processing an application for a discharge permit from the Texas Commission on Environmental Quality ("TCEQ") for the Mary's Creek Water Reclamation Facility in the proposed location identified in Exhibit A. Consultant shall specifically perform the following tasks: • Task 1: Provide Project Management for the application and processing of the discharge permit • Task 2: Perform a Wastewater System Impact Analysis • Task 3: Provide a Conceptual Design of the proposed Mary's Creek Water Reclamation Facility • Task 4: Submit a Texas Pollution Discharge Elimination System (TPDES) Permit Application to the TCEQ • Task 5: Coordinate and Conduct Public Outreach as required and deemed necessary Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit B, Scope of Services, more specifically describing the services to be provided. �9 Lt.'aay7;s Page Iof9 Consultant agrees that it will exercise reasonable skill, care and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted professional practices and applicable laws. Except for the express representations set forth hereinabove and otherwise in this Agreement, Consultant does not make any other express or implied representations of any kind whatsoever relating to this Agreement or the Services, including any implied statement of merchantability or fitness for a particular purpose. 2. TERM. This Agreement shall commence upon the date of complete execution ("Effective Date") and shall expire upon completion of the tasks described in Exhibit B, acting within the schedule as described in Exhibit B, unless terminated earlier or extended in accordance with the provisions of this Agreement or agreed upon by written amendment to this Agreement by both parties. In no event shall the Consultant perform its services beyond the not-to-exceed amount in Section 3 without a written amendment to this Agreement. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $390,949.00 in accordance with the provisions of this Agreement and the Payment Schedule shown in Exhibit C which is incorporated for all purposes herein. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and both parties approve in writing the additional scope, schedule, and costs for such services. Either party may seek a change order for a change in scope, schedule or costs related thereto, which must be agreed upon by both parties by a written amendment to this Agreement. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination Page 2 of 9 and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby states to the City that Consultant has made full disclosure in writing of any existing conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees promptly to make full disclosure to the City in writing upon its first knowledge of such conflict. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City, except to the extent that such disclosure is required by applicable law or court order and then only after prior notice to and consultation with the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City promptly if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. 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 at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant 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 Consultant at least five (5) business days' advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. The audit rights conferred by this section shall not permit the City to access records related to the pricing of fixed-price or lump sum amounts, the build-up of agreed rates or unit prices, or Consultant's estimating records. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee Page 3 of 9 of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, FOR PERSONAL INJURIES (INCLUDING DEATH) AND THIRD-PARTY PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. THE CONSULTANT SHALL NOT BE OBLIGATED OR LIABLE TO THE CITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEPT ITS OWN NEGLIGENCE THAT IS THE FAULT OF THE CONSULTANT, AND/OR ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR OTHERS FOR WHOM CONSULTANT IS LEGALLY RESPONSIBLE. NOTWITHSTANDING THE FOREGOING, CONSULTANT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, RESULTING FROM CLAIMS BY THIRD PARTIES FOR PERSONAL INJURIES (INCLUDING DEATH) OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE OF PROFESSIONAL DESIGN AND ENGINEERING SERVICES UNDER THIS AGREEMENT. CONSULTANT SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FOR THEIR RESPECTIVE NEGLIGENCE OR WILLFUL MISCONDUCT. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement, and Consultant shall have no further liability or obligations under the assigned portion of the Page 4 of 9 Agreement. If the City grants consent to a subcontract, the Consultant shall require such subcontractor to execute a written agreement with the Consultant referencing this Agreement and requiring subcontractor to be bound by duties and obligations substantially similar to those of the Consultant under this Agreement as such duties and obligations may apply to the subcontractor's scope of services. The Consultant shall provide the City with a fully executed copy of any such subcontract upon request, with any financial and proprietary information redacted. 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non- owned. (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease -per each employee $500,000 Disease-policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq., Tex. Rev. Civ. Stat.) and policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. Page 5 of 9 (d) Professional Liability(Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any services pursuant to this Agreement. All policies except Workers' Compensation and Professional Liability shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies except Professional Liability and Employer's Liability shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days' notice of cancellation of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall promptly desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. Page 6 of 9 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To The CITY: To CONSULTANT: City of Fort Worth Alan Plummer Associates, Inc. Attn: Jay Chapa Attn: Ellen McDonald 1000 Throckmorton Street 1320 S. University Dr. Fort Worth TX 76102-6311 Fort Worth, TX 76107 Facsimile: (817) 392-8654 Facsimile: (817)-870-2536 14. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 15. NO WAIVER. The failure of the City or Consultant 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 the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis 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. 17. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE. The City and Consultant 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 (force majeure), Page 7 of 9 including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters,wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 19. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 20. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 21. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 22. ENTIRETY OF AGREEMENT. This Agreement contains all of the covenants, statements, representations and promises agreed to by the parties. To the extent of any conflict, this Agreement supersedes the terms, conditions, and representations set forth in the City's Request for Proposals, Consultant's Proposal and revised cost. No agent of either party has authority to make, and the parties shall not be bound by, nor liable for, any covenant, statement, representation or promise not set forth herein. The parties may amend this Agreement only by a written amendment executed by both parties. 23. SIGNATURE AUTHORITY. The person signing this agreement hereby states that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this statement and representation in entering into this Agreement. Page 8 of 9 Signature Page Alan Plummer Associates,Inc. Mary's Creek Wastewater Discharge Permit Application and Processing IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this of 12017. CITY OF FORT WORTH ALAN PLUMMER ASSOCIATES,INC. 1. 01 1�/" J sus J. Chapa Ellen T. McDonald,P. Assistant City Manager Principal Recommended By: Witness: fiv Christopher Harder, P.E. By: Assistant Water Department Director Contract Compliance Manager M&C C-28096 By signing I acknowledge that I am the person Authorized January 31,2017 responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of ErAployee Title Approved as to Form and Legality L `— Christa . Lopez-Re nolds Sr. Assistant City Attorney Attested By: QF4�T d Mary Kay � # City SecretW �¢ Page 9 of 9 r ti d '`-ie'�-i itF �} ' �, a r Ht y+ +.,• .�... iii. .L _ h.� ."r L�,~"�t •i. ..�� Ti M �-� �z� 7• r 1;'yi i� 3 J rl's'y ,, st +ii,++ i } � t . ti, 1'� _ 3';• f r r 'u ,�s1'r�1 .,r - __�t o i �'.•t �- � �f,,} I t Jt {-`f.t! ,t t�F +.s, -- -s-S t . f.� ' �'•�'s�/ � h} 1.�� �Y T��� i _ �l� �_f. 4"R+`_ -.. 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From the confluence with the West Fork Trinity River to Benbrook Dam l, -a•-C --'f S � 1� 1; - Lb'ik Leeend Exhibit A N z a s Mary's Creek CITY OF FORT WORTH Miles PROPOSED WATER RECLAMATION FACILITY s Clear Fork Trinity River USGS GENERAL LOCATION MAP West Fork Trinity River EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.: 1 EXHIBIT B Scope for Professional Consulting Services for Water and/or Sanitary Sewer Improvements PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.: 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. WORK TO BE PERFORMED Task 1. Project Management Task 2. Wastewater System Analysis Impact Task 3. Conceptual Design Task 4. Texas Pollution Discharge Elimination System (TPDES) Permit Application Task 5. Public Outreach and Other Coordination TASK 1. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct project team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a project kickoff meeting with CITY staff to confirm and clarify scope, and understand CITY objectives. City of Fort Worth,Texas Exhibit B PMO Release Date:07.23.2012 Page 1 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.:�QMt)4_1 • Conduct review, coordination, and public outreach meetings with the CITY as noted in Tasks 2-5 below. Meetings included in this PROJECT are: • Project update meeting: Review conceptual design and permit application • Public outreach strategy meeting • Meeting with CITY and TCEQ • Meeting with CITY and TRWD • Attend regular meeting of Upper Trinity Water Quality Compact • Meeting with CITY on WW System impact analysis • Attend Open House • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • 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. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as defined in Tasks 2-5. • 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. ASSUMPTIONS • Project length is 18 months. This schedule is based on the assumption that permitting tasks will proceed with limited public concern regarding project or application for a permit and that such concern does not result in a protested permit process or an extended schedule in order to address such concerns. The time anticipated for obtaining an issued permit is the typical Texas Commission on Environmental Quality(TCEQ) processing schedule for permits. If opposition to the proposed permit is significant, additional project time and additional compensation may be warranted. The assumptions listed below will be adjusted appropriately based on the level of opposition received on the proposed permit. • 18 MWBE reports will be prepared • 18 monthly water department progress reports will be prepared • 18 monthly project schedule updates will be prepared City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 2 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Forms and Final Summary Payment Report Form TASK 2. WASTEWATER SYSTEM IMPACT ANALYSIS Given the changes in development plans since the last wastewater flow projections for the MCWRF in 2010, and the evolving plan to potentially increase the MCWRF's service area, ENGINEER will conduct an analysis to update the wastewater flow projections. The revised projections will be compared to the proposed MCWRF phase sizes and timing, and updates made to those if required based upon that comparison. The ENGINEER will: ■ Collect data, ■ Revise populations and wastewater flow projections for the MCWRF service area, ■ Revise the wastewater model to include updates and recently constructed projects, ■ Conduct a wastewater system analysis impact of the MCWRF, and ■ Prepare a Technical Memorandum. ENGINEER will develop the analysis and proposed operational phases of the infrastructure as follows: 2.1. Data Collection • ENGINEER will compile information from the CITY including GIS files, new x- files, preliminary plats and preliminary design drawings for projects currently under design for the wastewater model update. ENGINEER will present CITY a data request memorandum. 2.2. Population and Wastewater Flow Projections for MCWRF Service Area • ENGINEER will develop buildout population, employment and flow projections for MCWRF service area, including Walsh Ranch, Morningstar Ranch, Dean's Ranch, Chapel Creek, or other know developments and underdeveloped area in the ETJ. 2.3. Revise Wastewater Model to Include Updates, Recently Constructed Projects • ENGINEER will review the hydraulic model and will enhance it to include GIS updates, recently constructed projects and projects under construction for sewer City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 3 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.: lines 12-inch or greater in the Clear Fork Basin. ENGINEER will update the following in the hydraulic model: • Add new sewer lines, force mains, lift stations, siphons and manholes • Remove abandoned sewer lines, force mains, lift stations, siphons and manholes, • Update diameters, • Update invert elevations, • Update rim elevations, • Update alignments, • Update user text fields in the model. 2.4. Wastewater System Analysis Impact of the Mary's Creek WRF • ENGINEER will evaluate sizing of downstream improvements to the Village Creek WRF with and without Mary's Creek buildout flows using the InfoWorks ICM model with 2030 flows from all other basins. Develop costs of improvements for both scenarios for collection system improvements and Village Creek WRF expansions. ENGINEER will meet with CITY to review the results of the analysis. 2.5. Prepare Technical Memorandum • ENGINEER will prepare a Technical Memorandum on the benefits achieved versus the costs of constructing the Mary's Creek WRF now to reduce the flows and system improvements needed at the Village Creek WRF. ASSUMPTIONS • The revised MCWRF service area is assumed to be defined as all flows in the CITY's ETJ that would enter the collection system upstream of the Walnut Creek confluence with Mary's Creek. The previous planning work assumed the service area went only as far downstream as the Mary's Creek crossing with Loop 820. DELIVERABLES A. Revised hydraulic model files B. Technical Memorandum TASK 3. CONCEPTUAL DESIGN The Conceptual Design of the treatment processes and operational phases of the permit will be submitted to CITY per the approved Project Schedule. City of Fort Worth,Texas Exhibit B PMO Release Date:06.1.2014 Page 4 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.: 'f l The ENGINEER will: ■ Review Conceptual Design of the Mary's Creek Water Reclamation Facility (MCWRF) prepared as part of the Mary's Creek Site Selection Study; ■ Confirm that previous design conforms with most recent Title 30 Texas Administrative Code (30TAC) §217 rules; ■ Incorporate any appropriate membrane bioreactor(MBR) technology advances; ■ Conceptually design and prepare opinions of probable cost for solids handling and pumping facilities at the MCWRF; ■ Prepare conceptual design information for inclusion in TCEQ discharge permit application.■ Prepare Sludge Management Plan; and ■ Obtain the CITY's endorsement of this concept. The Project does NOT include any significant revisions or changes to major process units from the previous conceptual design. Any major revisions to the previous conceptual design will be performed as an additional service and will require additional compensation. ENGINEER will develop the conceptual design and proposed operational phases of the infrastructure as follows: 3.1. Review Previous Treatment Concept • ENGINEER will review previous studies that developed the conceptual design and operational phases for the proposed WRF treatment train, including the odor abatement plan. 3.2. Determine MBR Technology Advances • Several years have transpired since the concept design was prepared. The previous concept was based on MBR treatment units as a significant component in the wastewater treatment train. Advances in MBR treatment technology have occurred since that time. ENGINEER will evaluate these advances and make a determination as to whether any modifications to the conceptual treatment design are recommended. If so, ENGINEER will revise the concept design and cost estimate up to the limits of the Contract budget for this Task. 3.3 Confirm Previous Design Meets 30TAC §217 Rules • The previous concept was developed under a previous version of the 30TAC §217 rules. Design parameters included in the permit application must be in compliance with the most recent rules. ENGINEER will review the existing conceptual design with respect to compliance with the current rules. Any design components not in compliance will be revised by the ENGINEER so that the design is in full compliance. 3.4 Review Treatment Concept with CITY • ENGINEER will meet with CITY to present the revised conceptual design and obtain any review comments from the CITY. ENGINEER will address any comments, and revise the conceptual design accordingly. As noted earlier, any City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 5 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.: t�i� major changes to treatment processes will be performed as an additional service and will require additional compensation. 3.5 Prepare Description of Conceptual Design for Permit Application • The TPDES permit application requires that descriptions of the WRF conceptual design be submitted. Specific information required for each phase of operation proposed in the permit includes the following: ■ Description of the treatment processes, ■ Number and sizes of treatment units, ■ Schematic of the treatment processes and flow path, • Map with buffer zones drawn on proposed facility site plan, and ■ Design calculations that demonstrate the criteria established in the TCEQ design rules are met. 3.6. Solids Conceptual Design • ENGINEER will develop a conceptual design of solids holding and pumping facilities. These facilities will include sludge holding facilities, sludge pumping, and other treatment (such as aeration) if needed to stabilize the solids prior to pumping. The conceptual design will include approximate sizing, loading and flow rates, dimensions for major facilities, and cost estimate. Proposed facility locations and relative size will be shown on the existing site layout map. Results of the solids conceptual design will be reviewed with the CITY as part of the meeting identified in Task 3.4. 3.7. Prepare Sludge Management Plan The plan for handling and disposal of sludge generated at WRF is a required item that must be submitted to TCEQ in the TPDES permit application. ENGINEER will prepare a plan that complies with the TCEQ requirements for the application and includes the following: • Solids-related portions of the TCEQ Domestic Technical Report, • A description of sludge facilities and a Sludge Management Plan as described in TCEQ Form 10053-Instructions, INSTRUCTIONS FOR COMPLETING DOMESTIC WASTEWATER PERMIT APPLICATIONS. ASSUMPTIONS • CITY desires to continue with treatment train previously conceptually designed, based on MBR treatment. Only minor revisions to the treatment process will be performed under the Basic Services. Major revisions to the conceptual treatment design will be performed as an additional service and will require additional compensation. • It is assumed that solids generated by the wastewater treatment process will be discharged to the sanitary sewer system for processing at the Village Creek Water Reclamation Facility (VCWRF). City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 6 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.:o1a�J"1 DELIVERABLES A. Conceptual Design Information for Inclusion in the Permit Application B. Revised Plant Layout C. Limited Cost Estimate Update- involves only the MBR update, Solids Facilities costs, and cost index ratio update to 2017 prices. TASK 4. TPDES PERMIT APPLICATION. There are two major activities associated with the TPDES permitting process: the preparation of and the processing of an application for the permit. ENGINEER will prepare the TPDES permit application as follows. Additionally in order to support the permitting process, the ENGINEER will update the QUAL-TX water quality model for Mary's Creek to assess the impacts of the proposed discharge. 4.1. Prepare an Application for the Water Reclamation Facility (WRF) TPDES Permit: • ENGINEER will identify information available from previous studies and the Village Creek WRF permit application that are applicable to the proposed WRF. ENGINEER will determine what additional information is needed. ENGINEER will prepare, and submit to CITY, a request for information. Requested information will include, but not be limited to industrial pretreatment program information for the service area, administrative and technical support contract information, and public notification information. ENGINEER will review the information provided by the CITY to verify that it meets TCEQ requirements. Additional information, such as affected landowner information, receiving stream characteristics, photographs of site and outfall location will be obtained by ENGINEER. • ENGINEER will complete forms and prepare documents/attachments for the TPDES permit application for the proposed facility. Relevant information obtained above will be entered into the appropriate TPDES permit application forms by ENGINEER. The application forms required for the permit application are the Domestic Administrative, Technical Reports, and a Supplemental Permit Information Form. Attachments required for the TPDES permit application include, but are not limited to,justification for permit and the proposed phases, original USGS topographic maps with details labeled, buffer zone map, affected landowner information, and water quality modeling memorandum. • Two copies of the application will be provided to CITY for review. After receipt of comments from the CITY, the application will be revised by ENGINEER, as appropriate. Seven copies of the final application will be provided to CITY. Per TCEQ requirements, an original and three copies of the application must be submitted to the TCEQ. If requested to do so, ENGINEER will deliver the original and three copies of the application to the TCEQ on behalf of CITY. • The application must include a copy of a check payable to the TCEQ. TPDES permitting fees will be the responsibility of CITY. 4.2. Assist in Processing the Application through the TCEQ City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 7 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO., LAA" • The amount of work required to complete Task 4.2 cannot be determined precisely. Task 4.2, therefore, provides for a reasonable level of effort to complete the permit application. If required to provide more support than anticipated by the budget for Task 4.2, ENGINEER will be entitled to additional compensation. • The TCEQ will perform an administrative review of the permit application. The administrative review may also include a limited technical review. The TCEQ will advise CITY of the results of the administrative review. If required, ENGINEER will assist CITY in preparing a response to the administrative review comments. Once the TCEQ is satisfied that all of the required information has been included, the TCEQ will declare the permit application to be administratively complete. • CITY will be required to publish a notice of intent to obtain a permit. The notice must be published in one or more local newspapers and possibly in an alternative language newspaper. The determination of whether the alternative language publication is required for the permit renewal will be made during Task 4.1. Publication of the notice and associated fees will be the responsibility of CITY. • ENGINEER will provide support during the completion of the TCEQ technical review and processing of the permit application. Support may include telephone conversations with TCEQ staff during the review process to answer questions regarding the application. When all technical reviews are completed, TCEQ will prepare an initial draft permit and provide a copy to CITY for review. ENGINEER will review the draft permit and assist CITY in the preparation of a written response to the TCEQ. • CITY will be required to publish a notice of the draft permit in one or more local newspapers, and possibly in an alternative language newspaper. The determination of whether the alternative language publication is required for the renewals will be made during Task 4.1. Publication of the second notice and associated fees will be the responsibility of CITY. • ENGINEER will maintain communication with CITY and TCEQ during Application Processing. ENGINEER will periodically contact the TCEQ to discuss the status of the agency's review. Conference calls with the CITY to discuss information related to the TCEQ technical review and the application status will be conducted, as necessary. Strategies will be developed for responding to permit provisions proposed by TCEQ in the draft permit. If necessary, ENGINEER will prepare for, and participate in one meeting with the CITY and TCEQ to discuss appropriate provisions for the next permit. The budget prepared for this task assumes this meeting will be conducted in Austin. 4.3. Update Water Quality Model • The objective of this task is to provide water quality modeling necessary to satisfy requirements of the TCEQ for developing a TPDES permit. The water quality model used by the TCEQ to assess discharges for streams is the QUAL- TX model. The ENGINEER had developed a QUAL-TX model for Mary's Creek in 2012 as part of a previous project. However, the model needs to be refined to incorporate the final conceptual design and extended to ensure that the effluent City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 8 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.:n%;k'A does not impact water quality in the Clear Fork Trinity River. In addition, the TCEQ has recently updated QUAL-TX to a new version (version 9.3). The following water quality modeling requirements are anticipated for this Project. • ENGINEER will update the water quality model from QUAL-TX model version 3.5 to QUAL-TX model version 9.3. • Using effluent flow and quality in phases provided by the conceptual design, ENGINEER will refine and extend the QUAL-TX model to the West Fork Trinity River. • ENGINEER will develop seasonal effluent sets for the operational phases, as appropriate. • ENGINEER will coordinate with modeling staff at the TCEQ to discuss the model and specific TCEQ requirements for the model. • As described in Task 5, coordination with the TRWD and the Upper Trinity Water Quality Compact will be required. As a result of such coordination, it may become necessary to perform additional water quality modeling or to incorporate other models on the Clear Fork or West Fork Trinity River, in order to address their concerns. Such additional modeling, if required, is not included in this Scope of Services and will be considered Additional Services. 4.4. Property Research and Notification As part of the permitting process, ENGINEER will develop a list of potential affected landowners in accordance with TCEQ notification requirements. List will be developed by obtaining Tarrant Appraisal District records and preparing affected landowner map. List will be cross-referenced to map. Mailing labels will be developed per TCEQ instructions for new permits. The list and associated maps for the application will be made available to the CITY for review. ASSUMPTIONS • This Scope of Services assumes limited public concern regarding project or application for a permit and that such concern does not result in a protest permit process or an extended schedule in order to address such concerns. Supporting the CITY through the permitting process if a public meeting or hearing(s) is requested, beyond what is included in the Scope of Services, would be considered an Additional Service. • This Scope of Services assumes no objections from U.S. Environmental Protection Agency to the proposed permit. Conducting additional research or studies to address concerns identified by EPA is considered an Additional Service. • The CITY will pay the application fee. • The CITY will coordinate and pay for posting of the notice of intent in a local newspaper. City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 9 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.: LAL3"11 • The CITY will coordinate and pay for posting of the second notice in a local newspaper. • Only one outfall is assumed for the permit application. • Project assumes only the water quality modeling described in Task 4.3. If coordination with TRWD and/or the Upper Trinity Water Quality Compact (as described in Task 5) should require additional water quality modeling, that would be considered Additional Services. DELIVERABLES A. Request for Information B. TPDES Permit Application, including Attachments C. QUAL-TX water quality Technical Memorandum and model files D. List of property owner names and addresses of potentially affected residents and businesses, as required by TPDES permitting rules. TASK 5. PUBLIC OUTREACH AND OTHER COORDINATION. ENGINEER will support public outreach to convey information about the proposed WRF and the permitting process to the public. In addition, the ENGINEER will support coordination with several specific stakeholders, as described below. 5.1 Outreach Plan Development • ENGINEER will develop a public outreach plan that identifies activities to keep interested parties, former CAC members, elected officials, agency representatives, internal staff and site neighbors informed throughout the permitting phase about the permitting process, progress and schedule, as well as including coordination with CITY departments such as Neighborhood Services or other agencies such as the County Commissioner's office or TRWD as appropriate. Work with CITY communication staff to update a mailing/email database for distribution of materials, invitations, notices, etc. 5.2 Message Development • ENGINEER will review existing messages related to the Mary's Creek Project and update them to reflect the permitting phase; provides for up to two rounds of review by CITY and finalize key messages and supporting points. 5.3 Informational Materials • ENGINEER will develop a quick facts card to be used by project team members and distributed at events; update the existing Mary's Creek fact sheet to include site acquisition and permitting phases; update existing Frequently Asked Questions document; develop a new fact sheet about the permitting process and opportunities for public input. Fact sheets and FAQ are 8.5X11, double-sided, 2 colors; quick facts card is sized as double-business-card, one-fold, color. 5.4 Newspaper, e-updates and Related Correspondence City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 10 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.:CZA6�31 • ENGINEER will draft one e-update to inform CAC members about the permitting phase; draft up to four additional updates for all interested parties at milestones throughout the permitting phase or to announce special events; develop an electronic newsletter format and draft up to three newsletters throughout the permitting phase. Provides for one draft, one round of review by the CITY for each e- update or newsletter and a final for each product. 5.5 Presentations • ENGINEER will develop one easy-to-understand presentation about the permitting process for use by CITY staff or the consultant team with neighborhood groups; modify the presentation for use as a "looping presentation" at an open house event on site or in another location. Review presentations prepared by the consultant team for city council presentations and suggest edits or additional slides to reflect public outreach activities. 5.6 Meetings Preparations • ENGINEER will design and plan one open house-format meeting to be held as a tent event at the future Mary's Creek facility site; use the looping presentation and work with CITY staff and the consultant team to develop informational posters. Design an invitation for use as a flier, website posting, e-update and related distribution channels. Manage logistics, conduct a dry run, provide staff assistance day-of event, work with CITY staff to set up/break down event, and prepare a summary. Expenses include meeting supplies and travel for two staff members. 5.7 Strategic Counsel • ENGINEER will provide for up to 80 hours of strategic counsel discussions and/or strategic recommendations to the CITY regarding public outreach issues, etc. 5.8 Meetings • Participate in one project kickoff/public outreach strategy meeting and one additional public outreach strategy meeting to prepare for the open house and/or other public outreach events. Also provides for participation in up to six two-hour consultant team telephone conferences and up to 18 1.5 hour outreach team meetings via telephone, as well as preparation of activity summaries and related material. Expenses include one trip for kickoff meeting. 5.9 Other Coordination • TRWD Coordination—The ENGINEER will work closely with the CITY to coordinate effectively with the Tarrant Regional Water District(TRWD). ENGINEER will meet with TRWD and CITY representatives to discuss any TRWD concerns with the WRF discharge. ENGINEER will prepare for the meeting, and provide minutes. • Upper Trinity Water Quality Compact Coordination — ENGINEER will work with the CITY to coordinate with the Upper Trinity Water Quality Compact(Compact) to communicate any possible water quality impacts to the upper Trinity basin. Results of the QUAL-TX model update and other information about the WRF will City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 11 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.:01--311 be shared at a regular meeting of Compact members. ENGINEER will prepare a meeting summary documenting the discussion with the Compact members. ASSUMPTIONS • Assumes CITY will provide a basic database for the project from previous work and information held by Neighborhood Services. • Assumes the CITY will print materials related to Public Outreach -- no expenses are included for printing. • Assumes CITY will develop and update the email contact list, and send all e- updates and electronic newsletters to all interested parties. No expenses are included for database development, printing or mailing. • Assumes CITY pays for all hard costs associated with rental of tent, awnings, chairs, and audio-visual equipment suitable for an outdoor event. • Assumes no coordination with the CITY's Transportation and Public Works Department (TPW) regarding storm water analysis in the area. • Assumes no survey or platting will be performed under the Basic Services. • Assumes CITY will coordinate and meet with TRWD to discuss high level, non- technical matters regarding the MCWRF discharge. ENGINEER's involvement with TRWD is limited to the preparing for and conducting one technical based meeting as outlined in Task 5.9 DELIVERABLES A. Public Outreach Plan, including messages, informational materials, e-updates, 1 presentation, and open house materials. B. Meeting memorandum of TRWD meeting. C. Meeting memorandum of Compact meeting. 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. • Public meetings other than those specifically included in this Scope of Services City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 12 of 13 EXHIBIT B PROFESSIONAL CONSULTING SERVICES FOR DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY CITY PROJECT NO.: 04:-3pl • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Field reconnaissance by ENGINEER to collect data or information not otherwise provided by CITY. • Any water quality modeling associated with the discharge from the WRF into the receiving water, other than that modeling specifically included in the Scope of Services. • Support during permit processing beyond that provided for in the Scope of Services. • Additional meetings with CITY, or with the TCEQ or other regulatory authorities, such as the EPA, to discuss the permit, beyond those provided in the Scope of Services. • Meetings or telephone calls with potential or actual protestants, or the development of public information or strategies to aid in avoiding protests, beyond those services provided in the Scope of Services. • Preparation for and participation in any contested case hearing or other legal proceeding arising in connection with this project. • Any application fee required by the TCEQ. • Publication of notices of application or notices of the draft permits in a local newspaper(s). City of Fort Worth,Texas Exhibit B PMO Release Date:08.1.2014 Page 13 of 13 Consulting Contract Schedule Specifications FORT WSJ R.TH City of Fort Worth Capital Improvement Program Exhibit B-Project Schedule This PROTECT requires a Tier << >> schedule as defined herein and in the QW 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: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Exhibit B 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 Exhibit B PMO Release Date:02.15.2011 Page 2 of 2 CITY OF FORT WORTH DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY EXHIBIT B SCHEDULE 2/15/2017 Duration ITEM NO. DESCRIPTION (Months) BEGIN DATE END DATE 1 Kick Off and Public Outreach Strategy Meeting 3/1/2017 3/1/2017 2 Wastewater System Analysis Impact Memorandum 4 3/1/2017 6/29/2017 3 Conduct WQ Modeling and Deliver Memo 1 6/23/2017 7/27/2017 4 Conduct Conceptual Design and Deliver Memo 4 6/9/2017 10/7/2017 5 Permit Application and Submission 4 6/12/2017 10/12/2017 6 Application Processing 11 10/12/2017 9/7/2018 7 Public Outreach 18 3/1/2017 8/23/2018 EXHIBIT C PAYMENT SCHEDULE AND HOURLY RATES Professional Consulting Services for DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY PERMIT City Project No. 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 3.2. 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 ten percent (10%). 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 EXHIBIT C PAYMENT SCHEDULE AND HOURLY RATES B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. I1. 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. Ill. 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 EXHIBIT C PAYMENT SCHEDULE AND HOURLY RATES IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Alan PlummerPermitting $189,528 49% Associates, Inc. Proposed MBE/SBE Sub-Consultants Perkins Engineering Permit Support $31,279 8% Consultants, Inc. Non-MBE/SBE Consultants CH2M Hill Engineers, Conceptual Design $51,485 13% Inc. Freese & Nichols, Inc. Modeling $49,547 13% Katz &Associates, Inc. Public Outreach $69,110 18% TOTAL $ 390,949 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $ 390,949 $ 31 279 8 % City MBE/SBE Goal = 8% Consultant Committed Goal = 8 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "C-1" ENGINEER INVOICE (Supplement to Exhibit C) 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 Professional Services Payment Request Project Manager. StayWatcm Summary Project: Discharge Permit Application and Processing for the City Project#: City Sec Number. Consultant Instrucdons: Fill In green cells Including Invoice Number,From and To Dales and the Included worksheets. Company Name: Alan Plummer Associates,Inc. When your Invoice is complete,save and close,start eumeaw and Add your invoice to the Consultant folder W thm Project's folder. Consultant's PM: Preston anard email: pdil1ard@apaenv.com Vendor Invoice#: Office Address 1320 S.university Dr.,Ste.300,Fort Worth,Texas 76107 Payment Request#: Telephone: 617.806.1700 From Date: Fax: 817.870 2536 To Date: Invoice Date: Remit 200 Texas St,Fon Worth,Texas 76102 Agreement Agreement Amendment Amount to Amount Percent ($)Invoiced Current Remaining Sheet FAC and Work Type Description Amount Amount Date Spent Spent Previously Invoice Balance Work Type t P—ltAppI,.b.-dP,—eem9 1 $390949001 $390,949.N $390,949. Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Payment Request $390.94900 $390.94900 $390.949.00 Overall Percentage Spent: EXHIBIT D CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Consulting Services for DISCHARGE PERMIT APPLICATION AND PROCESSING FOR THE MARY'S CREEK WATER RECLAMATION FACILITY City Project No. None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT COUNCIL ACTION: Approved on 1/31/2017 - Ordinance No. 22587-01-2017 DATE: 1/31/2017 REFERENCE NO.: **C-28096 LOG NAME: 60MARYS CREEK WRF PERMIT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Agreement with Alan Plummer Associates, Inc., in the Amount of $390,949.00 for the Proposed Mary's Creek Water Reclamation Facility Permit Application and Adopt Appropriation Ordinance (ETJ West of COUNCIL DISTRICTS 3 and 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Sewer Capital Fund — Legacy in the amount of$400,949.00 from available funds; and 2. Authorize the execution of an Agreement with Alan Plummer Associates, Inc., in the amount of $390,949.00 for the proposed Mary's Creek Water Reclamation Facility Permit Application. DISCUSSION: On July 26, 2011, Mayor and Council Communication (M&C L-15222) the City Council authorized the acquisition of 100.167 acres of land located at 11091 Chapin Road, approximately one half-mile north of IH 30 and one mile east of the Tarrant- Parker County line as the future location for Mary's Creek Water Reclamation Facility. The Fort Worth Water Department Wastewater Master Plan shows the timeline for construction of the proposed Mary's Creek Water Reclamation Facility (MCWRF) between 2020 and 2030, depending on development activity and downstream collection system wastewater flows and capacity. The first step in the process, which can take several years, is obtaining the MCWRF discharge permit. As required by the Texas Administrative Code (30 TAC Chapter 205), the City is seeking authorization from the Texas Commission on Environmental Quality (TCEQ) for a Texas Pollutant Discharge Elimination System (TPDES) permit for the MCWRF. Alan Plummer Associates, Inc. has been selected as the consulting firm to prepare the application for this TPDES permit. The Agreement will provide for the following services and activities: • Task 1: Project Management • Task 2: Wastewater System Analysis Impact • Task 3: Conceptual Design • Task 4: Texas Pollution Discharge Elimination System (TPDES) Permit Application • Task 5: Public Outreach and Other Coordination Alan Plummer Associates, Inc., proposes to perform the necessary design services for a not to exceed fee of$390,949.00. Staff considers this proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract cost, $10,000.00 is required for project management, coordination and contingencies. Though design and construction schedules are dependent on development activity and wastewater collection system flows and capacity, the current capital improvement plan estimates plant design http://apps.cfWnet.org/council_packet/me review.asp?ID=24267&councildate=1/31/2017 2/23/2017 M&C Review Page 2 of 2 being completed by 2023 and plant startup in 2026. Design and construction costs are currently estimated to be approximately 60 million. Operations, maintenance and staffing of this plant will impact future Water Department operating budgets and will be taken into account in the design of the plant in order to minimize costs. M/WBE OFFICE —Alan Plummer Associates, Inc., is in compliance with the City's BIDE Ordinance by committing to eight percent SBE participation. The City's goal on this project is eight percent. This project is located in the EXTRA TERRITORIAL JURISDICTION WEST OF COUNCIL DISTRICTS 3 and 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Fund - Legacy. The Fiscal Year 2017 Sewer Operating Fund budget includes appropriations of$31,636,073.00 for the purpose of providing Pay-As-You-Go funding for sewer capital projects. After this transfer for Fiscal Year 2017, the balance will be $25,043,379.00. Appropriations for the Mary's Creek Water Reclamation Facility Permitting will consist of the following: FUND Existing Additional Project lAppropriationjAppropriaflons Total* Sewer Capital Fund - Legacy 596071 $5,937,628.00 11 $400,949.0 1$6,338,577.00 Project Total 11 $5,937,628.00 $400,949.00 $6,338,577.00 * Numbers rounded for presentation purposes. 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 by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Chris Harder (8293) ATTACHMENTS 60 MARYS CREEK WRF PERMIT MAP.pdf 60MARYS CREEK WRF PERMIT 1295 form.pdf 60MARYS CREEK WRF PERMIT SEWER CAP FUND 59607 A017Rv3 docxcrl2.docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24267&councildate=1/31/2017 2/23/2017 - - - --- ---- -----___ -- __ GE ',T IFI A u E OF �N T EGaEDS TE-D PARTIES C-28096 - C FoRim 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-149950 Alan Plummer Associates, Inc. Fort Worth,TX United States Date Filed; 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/03/2017 being filed. City of Fort Worth Date AcknI ged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 01239 Proposed Mary's Creek Water Reclamation Facility Permit Application 4 Nature of interest Name of Interested Party City,State,Country(place of business (check applicable) Controlling I Intermediary McDonald, Ellen Fort Worth,TX United States X Coonan, Steve Austin,TX United States X Tucker,Alan Fort Worth,TX United States X Glass, Peggy Austin,TX United States X Davis,Alan Fort Worth,TX United States X Hunt, Rex Austin,TX United States X Gudal, David Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ADRIAN DRUI "r MY COMMISSION EVMS �y ' Ntmmber 36,2619 N Signature o a zed ent of c>ntracting business entity AFFIX NOTARY STAMP/SEAL ABOVE FF i Sworn to and subscribed before me,by the said V 1 C-1( rt d ,this the day of 20 to to certify which,witness my hand and seal of office. 1! -Alum, ) ,a e 1A) hMwA bum a�-�����(���� Ma iii Q Signature of officer administering oath Printed name of officer administering oath Tifib of office administering oath Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.0.277