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HomeMy WebLinkAboutContract 45003 (2)C1TYSECRETARY,I . �NTRI\CT N00 �I Sl1O. PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES 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, Denton and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Alan Plummer Associates, Inc. ("Consultant"), a Texas Corporation and acting by and through Ellen T. McDonald, a duly authorized Principal. CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A — Statement of Work plus any amendments to the Statement of Work 3. Exhibit B — Payment Schedule All Exhibits attached 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 for the purpose of industrial, commercial and institutional water conservation. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence September 1, 2013 ("Effective Date") and shall expire on August 31, 2014, unless terminated earlier in accordance with the provisions of this Agreement. The City shall have four (4) one year options to renew this Agreement under the same terms and conditions, to be exercised in the City's sole discretion. 3. COMPENSATION. The City shall pay Consultant in accordance with the hourly rate of Consultant personnel who perform services under this Agreement in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "B," which is incorporated for all purposes herein; however, total payment made under this Agreement by the City for all services shall not exceed $200,000.00. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. 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. Convenience. 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. Professional Services Agreement Alan Plummer Associates, Inc. RECEIVEIJ ors 0 • OFFICIAL RECORD '1111fX SECRETARY rrli PN9RT719 TX 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 have been appropriated. 4.3 Breach. Subject to Section 29 herein, either party may terminate this Agreement for breach of duty, obligation or warranty upon exhaustion of all remedies set forth in Section 29. 4.4 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 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. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City information or data as a requirement to perform services hereunder, Consultant shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential 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 immediately to make full disclosure to the City in writing. 5.2 Confidential Information. Consultant, for itself and its officers, agents and employees, 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. 5.3 Unauthorized Access. 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 immediately if the security or integrity of any City information has been compromised or is believed to have been compromised, in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Contract 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 reasonable Professional Services Agreement Alan Plummer Associates, Inc. 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, or the final conclusion of any audit commenced during the said three years have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records 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. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges and work performed under this agreement, and not as agent representative or employee 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. It is further understood that the City shall in no way be considered a Co - employer or a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. A. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGE OR CLAIM RELATED TO CONSULTANT'S SCOPE OF WORK AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS AGENTS, SERVANTS OR EMPLOYEES. B. INDEMNIFICATION - CONSULTANT HEREBY AGREES TO INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS, RELATED TO THE PERFORMANCE OF CONSULTANT'S WORK UNDER THIS AGREEMENT, WHETHER REAL OR ASSERTED AND/OR FOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 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. The Consultant and Assignee shall be jointly liable for all obligations of the Consultant under this Agreement prior to the effective date of the assignment. If the City grants consent to a subcontract, the subcontractor shall Professional Services Agreement Alan Plummer Associates, Inc. execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by 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 minimum 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 (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 General Reauirements (a) The commercial general liability and automobile liability policies shall name the City as an Professional Services Agreement Alan Plummer Associates, Inc. additional insured thereon, as its interests may appear The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. (c) A minimum of Thirty (30) day notice of cancellation by endorsement of coverage shall be provided to the City. Ten (10) day notice shall be acceptable in the event of non-payment of premium. 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 (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Consultant agrees that in the performance of its obligations hereunder, it will comply with all applicable federal state and local laws ordinances rules and regulations and that any work it produces in connection with this agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately 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. If any claim arises from an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify the City and hold the City harmless from such claim. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To the CITY: City of Fort Worth Attn: Fernanda Costa, Assistant City Manager 1000 Throckmorton Street Fort Worth TX 76102-6311 Professional Services Agreement Alan Plummer Associates, Inc. To Consultant: Alan Plummer Associates, Inc. Attn: Ellen T. McDonald, Principal 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Facsimile: (817) 392-8654 Facsimile. (817) 870-2536 With Copy to the City Attorney At same address 14. SOLICITATION OF EMPLOYEES. Neither the City nor Consultant shall, during the term of this agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Consultant, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party 15. GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 16. 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. 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. 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, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed Professional Services Agreement Alan Plummer Associates, Inc. a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, which is executed by an authorized representative of each party 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. PERFORMANCE OF SERVICES. Consultant agrees that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this condition within thirty (30) days from the date that the services are completed. In such event at Consultant's option, Consultant shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with industry standards, or (b) refund the fees paid by the City to Consultant for the nonconforming services. 26. MILESTONE ACCEPTANCE. — Intentionally Deleted. 27. COOPERATIVE AGREEMENT - Should other governmental entities decide to participate in this contract, Consultant agrees that all terms, conditions specification, and pricing would apply. Governmental entities within utilizing Contracts with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this contract. All purchases by governmental entities other than the City of Fort Worth will be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth will not be responsible for another governmental entity's debts Each governmental entity will order its own material/services as needed. 28. IMMIGRATION NATIONALITY ACT. The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain Professional Services Agreement Alan Plummer Associates, Inc. photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. 29. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Consultant whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "D" and incorporated herein by reference. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 30. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement collectively "Work Product' Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Consultant hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that the City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the City. Professional Services Agreement Alan Plummer Associates, Inc. IN INIT SS HERFOF, the parties hereto have executed this Agreement in multiples this t ' -clay of c,16 2013. ACCEPTED AND AGREED: CITY OF FORT WORTH: By:74nancle Fernando Costa Assistant City Manager Date: ATTEST BY; � Mary ays.&' y Secretary APPROVED AS TO FORM AND LEGALITY: B • ( A AA - Ott/ ( Senior Assistant City Attorney CONTRACT AUTHORIZATION: M &C : C-26410 Date Approved: August 20, 2103 Professional Services Agreement Alan Plummer Associates, Inc. 9 ALAN PLUMMER ASSOCIATES, INC. By: Name: Ellen T. McDonald Title: Principal Date: io/9/13 ATTEST: OFFICIAL RECORD <<117-17 SECRETARY FT. WORTH, TX Exhibit A Statement of Work Task I 1. The Consultant shall report to the Water Conservation Manager and shall provide independent, objective and expert guidance, recommendations, and assistance concerning implementing and work in all aspects of the City's Water Conservation initiatives relating to Industrial, Commercial and Institutional (ICI) customers of the City: Schedule should follow this process: • Schedule the audit at the customer's convenience • Complete audit field work — within two weeks • Complete audit report for City review —within 30 days • Make any revisions and schedule wrap-up meeting with customer —within 2 weeks of report approval. Audits are considered payable once the customer meeting has been conducted. • Follow up with customer to determine what measures, if any, were implemented from the report within six months of initial customer meeting. • Follow-ups should be conducted with previous program participants to see if any additional recommendations from prior years have been implemented. This information will be captured and used to promote the Award Program. 2. The Consultant shall employ a PC -based relational customer database, fully compatible with the City's software, to compile results of audits (i.e data and information from sites, customers and equipment). No proprietary software accepted. 3. The Consultant shall identify potential ICI audit customers and rank and prioritize customers according to water usage and savings potential The list shall include owners/operators, contact information, and type of facility. 4. The Consultant shall develop and employ a standard auditing and reporting protocol and format, as well as forms, checklists, and a "report generator". 5. The Consultant shall obtain, from City of Fort Worth Water Department, information regarding water rates as well as historical water use by Customer. Comparisons may also require energy rate data from other sources. 6. The Consultant shall develop and issue notification letter or make phone contact with requirement that a customer representative must be present during audit (estimated at typically 4-8 hours). 7. The Consultant shall assist the City in the development of program literature, including letters, brochures and application forms. The Consultant shall develop a monthly report format and yearly report format for reporting Consultant's efforts in facilitating the City of Fort Worth Water Department ICI audit Program. 9. The Consultant shall be responsible for identifying and soliciting applicants for audits. 10. The Consultant shall provide equipment for monitoring, measuring, leak detection, testing and other necessary tools or equipment to perform the required tasks. Professional Services Agreement Alan Plummer Associates, Inc. 11 11. The Consultant shall set aside a minimum of three hours each month to meet with city staff and attend various meetings where their expertise is deemed a benefit to City of Fort Worth Water Department, if necessary. 12. The Consultant shall assist and participate in annual stakeholder meetings. Task II: Standard Audits 1. Water using fixtures will be audited using a standard process of evaluation to include a detailed report of all water entering into the system and how it is utilized The audit should highlight all inefficiencies and losses. Water using fixtures include, but are not limited to, fountains, production processes, toilets faucets sprayers, ice machines, dishwashers, laundry equipment, pools (swimming and decorative), etc. 2. The Consultant shall identify the location of water meters and or any other metering devices on the site. 3. The Consultant shall identify and evaluate the general condition of all water using fixtures and note the findings Notes should include the location, years in use, hours of use, quantity of fixtures by type and note the standard usage amount ratings with current usage amounts. 4. The Consultant shall monitor for, detect and identify leaks existing in all water using fixtures and note the losses with quantification The Consultant shall identify any opportunities to optimize existing low-flow/use fixtures by adjusting settings or equipment and opportunities where operations and maintenance practices could be enhanced. The consultant shall identify high water use activities at the site, patterns of use, as well as, seasonal peak usage. 7. The Consultant shall evaluate customer's water -use practices regarding processes or activities and determine if the potential exists to educate, restructure or find an alternative method that could provide savings to the customer. Task III: Deliverables 1. The Consultant shall conduct meetings (either in -person) or by telephone with Customer to discuss results of audit report and recommendations for implementation of water conservation measures. The Consultant shall develop and incorporate a plan for following up with audit customers in order to evaluate the effectiveness of the audit in bringing about change and to encourage the customer to incorporate the specific recommendations. 3. The Consultant shall perform a brief cost/benefit analysis, based on the specific audit recommendations that will help the end user in making the proper decisions. Task IV: Cooling Towers 1. Consultant shall identify potential sites; arrange individual audits, and complete inspections and evaluations (in terms of water efficiency) of all water processes employed by any requesting City of Fort Worth Water Department Commercial and Industrial class water customer. Consultant Professional Services Agreement Alan Plummer Associates, Inc. 12 will provide a professional audit and will generate a detailed audit report containing no less than the following parameters: • The Consultant shall determine long-term average cycles of concentration (ratio of cooling tower makeup water to Blowdown water) and identify potential water savings; • The Consultant shall identify and evaluate any past and present problems experienced with current processes and impacts on water use' • The Consultant shall provide a measurement of the cooling tower's "heat balance" or "approach to dew point" to include chlorine and harness cycles to develop a percent for scale retardation; • The Consultant shall determine current cycles of concentration, plus the raw water baseline to assess water consumption and opportunity for reducing water consumption (with adjustment to cycles of concentration being dependent upon municipal water quality); • The Consultant shall develop an estimate of expected cycles from City water quality data. • • The Consultant shall provide a measurement of the TDS and pH of the makeup and Blowdown water; Consultant shall assess condition of the makeup and blow down meters (if any); The Consultant shall note the presence or absence of automatic instrumentation for controlling the blow down rate of conductivity, as well as the equipment's efficiency in carrying out system requirements; • The Consultant shall provide the name, address, and telephone number of the current vendor providing chemical service for the cooling tower system, plus a description of the current chemical treatment methodology to include biological control measures; • The Consultant shall provide a description of the cooling tower design, to include manufacturer and estimate of numbers of years that the tower has been in service; • • The Consultant shall note the tower control and fan motor operation (multi -speed or variable speed) and the presence or absence of a by-pass operation; The Consultant shall provide a description of the type of filtration used (if any); • The Consultant shall identify the type of cooling tower packing/fill used, and any deterioration blockage, clogging or other conditions observed. This information will be provided as part of an evaluation of the overall cooling tower condition; • The Consultant shall evaluate the general condition of the cooling tower and associated pumps and any corrosion problems with piping or equipment As necessary, this evaluation can be extended to internal piping; • The Consultant shall inspect the operation of the cooling tower basin level control valve for proper operation and shall note any defects associated with the valve; Professional Services Agreement Alan Plummer Associates, Inc. 13 The Consultant shall note the presence of any leaks, overflows or other observed conditions to include carryover and drift; • The Consultant shall develop and provide initial short and long-term recommendations for modified operating procedures, better chemical treatment, blowdown reuse repairs and maintenance, or instrumentation and control/equipment upgrades that will accomplish water conservation; • The Consultant shall provide recommendations for condensate recovery, where feasible, for cooling tower make-up; • The Consultant shall provide recommendations for the recovery of cooling tower blowdown for landscape irrigation purposes; • The Consultant shall provide recommendations for any minor on the spot modifications, adjustments or simple repairs that will immediately enhance the efficiency of the cooling tower s operation from the standpoint of water conservation; • The Consultant shall evaluate chillers and all system components associated with the tower where modifications to equipment or procedures can directly impact both water and energy consumption. Task V: Deliverables 1. The Consultant shall provide a copy of each individual audit report to both City of Fort Worth Water Department and the owner of the cooling tower for which the audit was conducted within 15 calendar days of audit completion date; 2. The Consultant shall conduct one-on-one meetings with Customer to discuss results of audit report and recommendations for implementation of water conservation measure; 3. The Consultant shall provide City of Fort Worth Water Department with a monthly report detailing its efforts in facilitating the City of Fort Worth's Water Conservation Department ICI Audit Program; The Consultant shall as a result of efforts under Task III services, assist City of Fort Worth Water Department in developing a cost/benefit analysis for future engineering analyses at each site; The Consultant shall develop and incorporate a plan for following up with audit customers in order to evaluate the effectiveness of the audit in bringing about change and to encourage the customer to incorporate the specific recommendations. 6. The Consultant shall perform a brief cost/benefit analysis, based on the specific audit recommendations that will help the end user in making the proper decisions. Professional Services Agreement Alan Plummer Associates, Inc. 14 • • Task VI: Additional Coolina Tower Evaluation If requested by City of Fort Worth Water Department, as a follow-up task to the on -site audit conducted in section 29.2.3, Consultant shall conduct an Engineering Evaluation and prepare a report for a selected facility for the purpose of evaluating the effectiveness of a particular treatment method or technology in controlling scale, corrosion and biological contamination. The Evaluation will be custom -designed for each facility, based on the recommendations contained in the On -Site audit Report. Such analyses shall be authorized by City of Fort Worth Water Department on a case -by -case basis, and a fee determined based on complexity of the Evaluation and the Consultant Fee Schedule listed in Exhibit A Task VII: Deliverables 1. The Engineering Evaluation will include the following elements and information: • A site diagram including cooling tower, nearby structures including exhaust stacks within 100 feet of cooling tower location of parking, incinerators, and type of ground cover. • A detailed cooling tower water flow diagram including the cooling tower(s), chillers, circulating lines, all heat transfer equipment, makeup water entry lines, and bleed -off lines. • All materials of construction in contact with the cooling water. • All operation specifications of cooling tower water system. Complete history of cooling tower system relative to water treatment. Complete monitoring information such as corrosion data, deposit monitoring, biomass monitoring, fill deposits, chemical levels, and water quality data. • A Complete report shall include all of the above, plus a precise conclusion stating the effectiveness or ineffectiveness of the specific method or technology in controlling scale, corrosion and microbiological contaminants. Task VIII: Irrigation System Evaluation 1. The Consultant shall conduct an irrigation audit of on -site irrigation systems. 2. On site audit should activate and visually inspect each zone for efficiency, leaks and water waste. Audit should evaluate and identify irrigated area, rain/freeze sensors, run times, distribution uniformity, pressure readings at the head including pump readings, if applicable. Meters should be checked to ensure proper operation. Note and record type and number of meters, controllers, number of zones, potential for reuse or alternative water sources. Task IX: Deliverables The Irrigation Evaluation will include the following elements and information. 2. Evaluation of system source meter and controller settings, sprinkler spacing, precipitation rate, total square footage of irrigated area, water consumption, soil/root zones, slope and distribution uniformity, evaluation of run-times, etc. Professional Services Agreement Alan Plummer Associates, Inc. 15 3. Photos and charts highlighting any issues observed during the visual inspection (leaks, breaks, system inefficiencies) Pressure readings, flow measurements, sprinkler location rain/freezer sensors (make & model), types of equipment (make & model), etc. should also be included. Proposed irrigation recommendations should include the following as applicable: cycle & soak, drip irrigation, automatic shut-off devices, ET smart controllers, pressure regulating devices, hydrozoning, spray head upgrades, KISSS, and proper maintenance guidelines. 5. Consultant should identify and make scheduling adjustments or recommendations considering soil improvements, existing plant requirements with suggestions for more efficient plantings, and other possible water sources or reuse. Applicable drought and salt tolerant plants should be suggested for future landscape upgrades Task X: Additional Related Work 1. Consultant shall assist the City with developing and implementing technical seminar events. These seminars will be designed to educate ICI audit customers. The Consultant may be asked to aid in developing educational materials such as presentations, literature, brochures, hand-outs, etc. The Consultant may be asked to speak with special interest groups or others in relation to ICI audits. 4. The Consultant may be asked to design demonstrations, models or other visual representations. 5. The Consultant shall work with the City of Fort Worth Water Department to develop a Cooling Tower Certification Program and to draft an ordinance establishing minimum standards for evaporative cooling towers in Fort Worth, TX. Professional Services Agreement Alan Plummer Associates, Inc. 16 EXHIBIT B COST EXHIBIT B CITY OF FORT WORTH WATER DEPARTMENT CONTRACT ICI AUDITS PROPOSAL COST SUMMARY Prices based on stated required services and potential growth factors, pricing is quoted per task with the assumption that 100 Task 2 audits, 50 Task 3 audits 10 Task 4 audits and 75 Task 5 audits. Cost Task #1: Mobilization Cost Task #2: N o. of Fixtures Commercial N o. of Units Institutional Total SQFT Industrial Cost Task #3: Water Audits Interior: Cost Per Audit 1to5 $75.00 < 25 $ 200.00 25,000 $400.00 5to10 $150.00 25 to 50 $500.00 25k to 50k $600.00 Cooling Tower Initial Audits Cost Task #4: Cooling Tower Detailed Audit I II Cost Task #5: Irrigation System Audit Total Audit Pricing Per Year I II Estimated Annual Cost Per Audit Professional Services Agreement Alan Plummer Associates, Inc. 10 to 20 $300.00 50 to 100 $800.00 50k to 100k $900.00 > 20 $600.00 > 100 $1,800.00 > 100k $1,800.00 Average Cost $281.25 Average Cost $825.00 Average Cost $925.00 Total Per Task $12,000.00 $281.25 $825.00 $925.00 $1,000.00 $1,500.00 $800.00 Assumed Total Annual Cost No. of Audits Per Year 50 25 25 50 10 75 $12,000.00 $14,062.50 $20,625.00 $23,125.00 $50,000.00 $15,000.00 $60,000.00 $194,812.50 $828.99 17 Cost Task #6: Facilitating Technical Seminar Events Standard Per Hour Rate for Additional Services I II Total Estimated 1 Year Cost of Contract $500 3 150 24 $1,500.00 $3,600.00 $199,912.50 Instructions: Cost Task #1 is a one-time fee charged for mobilization. It should include all costs associated with establishing a reporting method protocol, forms, checklists etc. Cost Task #2 takes an average cost of all the ranges to use as the "Total Per Task" cost. This is done to establish a fair estimate of costs. The average cost is then multiplied by the number of assumed audits per year to determine an estimate annual cost total. Note: the cost of providing customer reports should be captured in this price. Cost Task #3 price is per cooling tower. There may be more than one cooling tower at a location. Cost Task #5 price is per irrigation controller. The number of zones is limited to 15 zones per controller. Professional Services Agreement Alan Plummer Associates, Inc. 18 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/20/2013 DATE: Tuesday, August 20, 2013 LOG NAME• 60ICI WATER CONSERVATION AUDITS 13-0127 SUBJECT: Authorize Execution of a Contract with Alan Plummer Associates, Inc., in an Annual Amount Up to $200 000.00 for Industrial, Commercial and Institutional Water Conservation Audits (ALL COUNCIL DISTRICTS) REFERENCE NO.: **C-26410 RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Alan Plummer Associates, Inc., in an annual amount up to $200,000.00 for industrial, commercial and institutional water conservation audits for the Water Department. DISCUSSION: The City of Fort Worth Water Conservation Master Plan lists Industrial/Commercial/Institutional (ICI) Audits as a best management practice that will help the City reach its conservation goals of reducing peak and baseline water demands. The ICI SmartWater Audit Program was initiated in September 2010, with the goal of evaluating customer's water use and making recommendations for greater efficiencies. The Water Department will use this Agreement to: (1) promote city-wide Industrial, Commercial and Institutional Water Conservation Initiatives, (2) assist in developing and implementing an Industrial, Commercial, and Institutional Certification Program, (3) conduct a comprehensive facility water audit for Industrial, Commercial and Institutional customers and (4) present a detailed written report with audit results, water saving recommendations and a return on investment projection to audit customers. The Purchasing Division issued a Request for Proposals (RFP) on April 17, 2013, soliciting qualified firms to conduct water conservation audits for the City. The evaluation factors included methodology and approach to the project responsiveness to the scope of work, demonstrated applicable experience, personnel qualifications of staff to be assigned to the project, total cost and schedule. An evaluation panel was made up of representatives from the Water Department. Firms submitting proposals were Alan Plummer Associates, Inc. and Water Management, Inc. The recommended service provider, Alan Plummer Associates, Inc., was determined the most qualified to perform the services described for a one-year contract period. ADVERTISEMENT - This Request for Proposal (RFP) was advertised in the Fort Worth Star-Telearam on April 17, 2013 April 24, 2013, June 5, 2013 and June 24, 2013. Two Proposals were received in response to this RFP. PRICE ANALYSIS — There is no change in the price for audit services provided to the City as awarded on August 24 2010 (M&C C-24417) The Water Department has reviewed the proposed price and determined it to be fair and reasonable. Logname: 60ICI WATER CONSERVATION AUDITS 13-0127 Page 1 of 2 AGREEMENT TERMS - Upon City Council's approval, this Agreement will begin September 1, 2013 and expire August 31, 2014. RENEWAL OPTIONS - This Agreement may be renewed for up to four additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P E45 539120 0604014 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. PE45-5ZZZZZ-06040ZZ.docx (CFW Internal) 2. Waiver 13-0127.odf (CFW Internal) Fernando Costa (6122) S . Frank Crumb (8207) S .Frank Crumb (8207) Micah Reed (8211) $200.000.00 Logname: 60ICI WATER CONSERVATION AUDITS 13-0127 Page 2 of 2