HomeMy WebLinkAboutContract 57230 CSC No. 57230
PROFESSIONAL AGREEMENT FOR SERVICES RELATED TO
THE VILLAGE CREEK WATER RECLAMATION FACILITY
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT RENEWAL APPLICATION
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,Parker,
Denton, and Wise Counties, Texas, as executed by Dana Burghdoff, its duly authorized Assistant City Manager,
and Plummer Associates, Inc. ("Engineer"), executed by Meg Pierce-Walsh, its duly authorized Water
Quality/Permitting Practice Leader, 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— Scope of Services
3. Exhibit B—Cost of Services 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 Agreement shall control.
1. SCOPE OF SERVICES.
Engineer hereby agrees to provide the City with Professional Services to prepare and seek the Village Creek
Water Reclamation Facility's Texas Pollutant Discharge Elimination System permit renewal. Attached hereto and
incorporated for all purposes incident to this Agreement is Exhibit "A" Scope of Services, more specifically
describing the services to be provided.
Engineer warrants 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.
2. TERM.
This Agreement shall begin on the date it is fully executed ("Effective Date") and shall expire when the
final permit renewal is issued unless terminated earlier in accordance with this Agreement("Initial Term").
3. COMPENSATION.
The City shall pay Engineer in accordance with the fee schedule attached as Exhibit"B"—Price Schedule.
Total payment made under this Agreement shall not exceed Thirty Four Thousand Dollars ($34,000.00).
Engineer shall not perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services. City shall not be
liable for any additional expenses of Engineer not specified by this Agreement unless City first approves such
expense in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Engineer may terminate this Agreement at any time and for any reason by providing
the other party with 30 days written notice of termination.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, 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 Engineer 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
Engineer for services actually rendered up to the effective date of termination and Engineer 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.
Engineer hereby warrants to the City that Engineer has made full disclosure in writing of any existing
conflicts of interest related to Engineer's services under this Agreement. In the event that any conflicts of interest
arise after the Effective Date of this Agreement, Engineer hereby agrees promptly to make full disclosure to the
City in writing upon its first knowledge of such conflict.Engineer,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. Engineer 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. Engineer 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.
Engineer 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 Engineer involving transactions relating to this Agreement at no additional cost to the
City.Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities
and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Engineer at least five (5)business days' advance notice of intended
audits.
Engineer 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 Engineer's estimating records.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Engineer shall operate as an independent contractor as to all rights
and privileges granted herein,and not as agent,representative or employee of the City. Subject to and in accordance
with the conditions and provisions of this Agreement, Engineer 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. Engineer acknowledges that the doctrine of respondeat superior shall
not apply as between the City, its officers, agents, servants and employees, and Engineer, its officers, agents,
employees,servants,contractors and subcontractors. Engineer further agrees that nothing herein shall be construed
as the creation of a partnership or joint enterprise between City and Engineer.
8. LIABILITY AND INDEMNIFICATION.
A. Engineer shall comply with all applicable Environmental Requirements. Environmental
Requirements shall mean all applicable statutes, regulations, rules, plans, authorizations,
concessions, franchises, and similar items, as they are now or as they may later be amended, of all
governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the
United States, states, and political subdivisions thereof and all applicable judicial, administrative,
and regulatory decrees, judgments, and orders relating to the protection of human health or the
environment,including without limitation:
1. All requirements, including, but not limited to, those pertaining to reporting, licensing,
emissions, discharges, releases, or threatened releases of hazardous materials, pollutants,
contaminants or hazardous or toxic substances,materials,or wastes whether solid,liquid, or
gaseous in nature,into the air,surface water, groundwater, storm water,or land, or relating
to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or
handling of pollutants, contaminants,or hazardous or toxic substances,materials,or wastes,
whether solid,liquid,or gaseous in nature; and
2. All requirements pertaining to the protection of the health and safety of employees or the
public.
B. ENGINEER SHALL RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD
HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY,INCLUDING DEATH,TO ANY AND ALL PERSONS,ARISING OUT OF
THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY ENGINEER, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
OR INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH TO THE EXTENT
CAUSED BY ANY NEGLIGENT ERROR, OMISSION, DEFECT, OR DEFICIENCY IN THE
PERFORMANCE OF ENGINEER'S SERVICES WITH THIS AGREEMENT.
ENGINEER 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 NOTWITHSTANDING THE FOREGOING, ENGINEER 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 ENGINEER , ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.
ENGINEER SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY CITY AND ITS
OFFICERS, AGENTS AND EMPLOYEES FOR THEIR RESPECTIVE NEGLIGENCE OR
WILLFUL MISCONDUCT.
C. Environmental Indemnification. ENGINEER DOES HEREBY RELEASE, INDEMNIFY,
REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL
DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE,
DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF THE
MATERIAL UNDER THIS AGREEMENT, TO THE EXTENT SAID ENVIRONMENTAL
DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE
RESULT OF ANY ACT OR OMISSION OF ENGINEER, ITS OFFICERS, AGENTS,
EMPLOYEES,OR SUBCONTRACTORS,OR THE JOINT ACT OR OMISSION OF ENGINEER,
ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER
PERSON OR ENTITY EXCLUDING ALL PARTIES INDEMNIFIED HEREUNDER.
9. WARRANTY
Engineer warrants that it understands the currently known hazards and suspected hazards which are
presented to persons,property and the environment by providing the services as referred to in the Engineer's Scope
of Services. Engineer further warrants that it will perform all services under this Agreement in a safe,efficient and
lawful manner using industry accepted practices,and in full compliance with all applicable State and Federal laws
governing its activities and is under no restraint or order which would prohibit performance of services under this
Agreement.
10. LICENSES,PERMITS AND FEES
Engineer agrees to obtain,pay for, and maintain all licenses,permits,certificates,inspections and all other
approvals and fees required by law or otherwise necessary to perform the services prescribed hereunder.
II. ASSIGNMENT AND SUBCONTRACTING.
Engineer 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 Engineer under which the assignee agrees to be bound by the duties and obligations
of Engineer under this Agreement, and Engineer shall have no further liability or obligations under the assigned
portion of the Agreement.If the City grants consent to a subcontract,the Engineer shall require such subcontractor
to execute a written agreement with the Engineer referencing this Agreement and requiring subcontractor to be
bound by duties and obligations substantially similar to those of the Engineer under this Agreement as such duties
and obligations may apply to the subcontractor's scope of services.The Engineer shall provide the City with a fully
executed copy of any such subcontract upon request,with any financial and proprietary information redacted.
12. INSURANCE.
Engineer 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:
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.
13. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Engineer agrees to comply with all applicable federal, state and local laws, ordinances, rules and
regulations. If the City notifies Engineer of any violation of such laws, ordinances, rules or regulations, Engineer
shall promptly desist from and correct the violation.
14. NON-DISCRIMINATION COVENANT.
Engineer, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part
of the consideration herein,agrees that in the performance of Engineer'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.
15. 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 ENGINEER :
City of Fort Worth Plummer Associates,Inc.
Attn: Chris Harder,P.E. Attn: Meg Pierce-Walsh
FW Water Department Director Water Quality/Permitting Practice Leader
200 Texas Street 6300 La Calma Drive, Suite 400
Fort Worth TX 76102-6311 Austin,TX 78572
Facsimile: (817) 392-8654 Facsimile: (512)452-2325
16. 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.
17. NO WAIVER.
The failure of the City or Engineer to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Engineer's respective
right to insist upon appropriate performance or to assert any such right on any future occasion.
18. 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.
19. 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.
20. FORCE MAJEURE.
The City and Engineer shall exercise their best efforts to meet their respective duties and obligations as set
forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure
or other causes beyond their reasonable control(force majeure),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.
21. 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.
22. 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.
23. 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.
24. 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, Engineer'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.
25. 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. The other party is fully entitled to rely on this warranty
and representation in entering into this Agreement.
26. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg.,R.S., S.B. 13, §2,the City is prohibited from entering into a contract for goods or services
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the company that it:
(1)does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract.
The terms "boycott energy company" and "company"have the meaning ascribed to those terms by Chapter 2274
of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Contractor certifies that
Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy
companies;and(2)will not boycott energy companies during the term of this Agreement.
27. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for
goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification from
the company that it: (1)does not have a practice,policy,guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association"have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th
Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City
that Contractor:(1)does not have a practice,policy,guidance,or directive that discriminates against a firearm entity
or firearm trade association;and(2)will not discriminate against a firearm entity or firearm trade association during
the term of this Agreement.
This Professional Services Agreement shall be effective on the date executed by the City Secretary.
CITY OF FORT WORTH PLUMMER ASSOCIATES,INC.
Lana HunghdoAc
Dana Burghdoff(Mar%202221:10CST)
Dana Burghdoff Meg Pierce-Walsh
Assistant City Manager Water Quality/Permitting Practice Leader
Date: 3/7/2022
APPROVAL RECOMMENDED:
Christopher H rder(M a r8,202214:46 CST)
Chris Harder,P.E.
Water Department Director
APPROVED AS TO FORM AND LEGALITY:
Bev,
DBlack(Mar9,2022 13:49 CST)
Doug Black
Sr.Assistant City Attorney
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Jannette S.Goodall(Mar 10,2022 16:23 CST) �o OO�A r.1
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Jannette S. Goodall 0 v o o=0
City Secretary ��� o 0.0°�cICY
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Date: 3/10/2022 �a��EXASoA�
No M&C Required
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
-A-W«vr.. OFFICIAL RECORD
Stacy Walt s(Mar 8,202214:36 CST) CITY SECRETARY
Stacy Walters,Regulatory-Environmental Administrator
FT.WORTH, TX
EXHIBIT A
EXHIBIT B
ATTACHMENT A
PLUMMER ASSOCIATES, INC.
VILLAGE CREEK WATER RECLAMATION FACILITY
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT RENEWAL APPLICATION
SCOPE OF WORK
The City of Forth Worth (CLIENT) has requested Plummer Associates, Inc., (ENGINEER) to
assist in securing Texas Pollutant Discharge Elimination System (TPDES) permit renewal for the
Wastewater Reclamation Facility (WRF) [Permit No. WQ0010494013]. The existing TPDES
permit expires on July 18, 2023. In accordance with requirements of the Texas Commission on
Environmental Quality (TCEQ), the application for renewal of the permit must be submitted a
minimum of 180 days prior to its expiration date. Therefore, the permit application must be
submitted to the TCEQ prior to January 19, 2023.
This Scope of Work provides for assisting CLIENT with this project. Included are descriptions of
BASIC SERVICES and ADDITIONAL SERVICES. BASIC SERVICES are those services known
to be required for the renewal of the TPDES permit. A specific scope and budget for BASIC
SERVICES is provided. BASIC SERVICES include preparing the application for renewal without
changes for the TPDES permit. A cost breakdown for the proposed services has been provided
as Exhibit B. ENGINEER will not conduct ADDITIONAL SERVICES unless such services are
authorized by CLIENT.
BASIC SERVICES
The BASIC SERVICES proposed for this Scope of Work assume that a permit renewal without
changes is desired by CLIENT. BASIC SERVICES consist of two tasks. Pursuant to these tasks,
ENGINEER will assist CLIENT with the preparation and processing of a TPDES permit
application. ENGINEER will assist CLIENT with the review of draft TPDES permits. The BASIC
SERVICES tasks are as follows:
Task I — Prepare Permit Renewal Application
ENGINEER will prepare application to renew the TPDES permits for the WRF. Application forms
will be completed and appropriate attachments to the application forms will be prepared. Copies
of the draft application will be provided to CLIENT for review. Copies of the final application will
be prepared for submittal to the TCEQ.
A. Gather Appropriate Information
ENGINEER will review the information available from the previous permit application. ENGINEER
will provide CLIENT with a list of additional information needs and the appropriate format for
presenting additional information. Additional information includes, but is not limited to, laboratory
analytical data for effluent sampling, sludge analyses, and results of whole effluent toxicity testing.
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ENGINEER will coordinate with CLIENT regarding laboratory testing for pollutants and provide a
detailed list of effluent sampling requirements for the application. CLIENT will be responsible for
coordinating with a laboratory of its choice. Effluent sampling costs will be the responsibility of
CLIENT
B. Prepare Permit Application Documents
ENGINEER will complete the application forms, assemble the necessary worksheets, and
prepare appropriate attachments. Application information includes, but is not be limited to,
description of the existing facility, listing of the major treatment units with dimensions of each unit,
process flow diagram(s), facility site plan, location maps(s), and results of pollutant analyses of
effluent.
ENGINEER will provide draft copies of all permit application documents for CLIENT review.
Comments from CLIENT will be appropriately incorporated into the application. ENGINEER will
coordinate closely with CLIENT to make sure the permit application will be complete at the time
of submittal. A total of seven copies of the final application document will be prepared for the
permit; two copies are for CLIENT's files, one copy is for public display, and four copies will be
submitted to the TCEQ. An application fee will be due to the TCEQ at the time the application is
submitted. The application fee will be the responsibility of CLIENT.
C. Respond to TCEQ During Administrative Review Process
ENGINEER will assist CLIENT in responding to TCEQ requests for additional information during
the administrative review until TCEQ declares the application administratively complete. CLIENT
will ensure the permit application is available for public viewing. ENGINEER will provide hard
copies of the permit application to CLIENT for this purpose. CLIENT will be responsible for placing
a copy of the permit application in a suitable location for public viewing.
D. Publication of Notice of Application
A public notice of the administratively complete application will be required by the TCEQ. Bilingual
notification requirements may require additional publication in Spanish. ENGINEER will assist
CLIENT with publication of notices, including working with the appropriate newspapers to ensure
notices are correct and published as required. ENGINEER will also obtain the required proof of
publication and will submit necessary documentation to the TCEQ. The cost of publication,
payable to the newspapers, will be the responsibility of CLIENT.
Task II —Assist During Permit Application Processing and Review Until Permit Issuance
Pursuant to this task, ENGINEER will provide services related to technical and regulatory review
of the draft TPDES permit prepared by the TCEQ. Services include the following:
A. Assist with Responding to Review Comments
ENGINEER will assist CLIENT in response to TCEQ requests for additional information during
the technical review of the permit application. ENGINEER also will assist CLIENT in tracking the
A-2
application through the permitting process. TCEQ may requests minor changes to the application
during the technical review process. ENGINEER will provide CLIENT with necessary changes to
ensure the public viewing copy is up to date.
B. Review and Comment on Draft TPDES Permit
ENGINEER will review the initial draft permit and assist CLIENT with a written response, including
requests for changes to the permit. ENGINEER will review TCEQ's revised draft permit for
consistency with any requested changes. ENGINEER may also communicate via telephone with
TCEQ permitting staff during this process. For purposes of this scope, it is assumed that the
revised draft of the permit will be acceptable to the CLIENT and further rounds of draft permit
review will not be necessary. Review and comment on additional drafts of the permit will be
considered Additional Services.
C. Publication of Notice Preliminary Decision
A public notice of the TCEQ's decision to renew the permit will be required by the TCEQ. Bilingual
notification requirements may require additional publication in Spanish. ENGINEER will assist
CLIENT with publication of notices, including working with the appropriate newspapers to ensure
notices are correct and published as required. ENGINEER will also obtain the required proof of
publication and will submit necessary documentation to the TCEQ. The cost of publication,
payable to the newspapers, will be the responsibility of CLIENT.
D. Review Final TPDES Permit
ENGINEER will review the final issued permit to verify that the permit reflects the conditions that
CLIENT accepted during the draft permit process. ENGINEER will contact TCEQ to make
necessary corrections, if necessary.
PROJECT MANAGEMENT
ENGINEER will provide necessary project management services associated with the services
described in Tasks I and 11.
SCHEDULE
The project schedule for development of the application is driven primarily by the permit
application due date, which is January 19, 2023. Based on these requirements, the following
anticipated application schedule is provided:
Milestone Target Date
Project Kick-off May 2, 2022
Draft application to CLIENT October 21,2022
Final Application Complete January 12, 2023
Submittal of Application to TCEQ Prior to/by January 19, 2023
A-3
Once the application is submitted to the TCEQ, the schedule is driven by TCEQ's own internal
target for completing a permit renewal process. The TCEQ's schedule for a renewal is generally
around 10 months but depends on the agency's available resources for processing. ENGINEER
will provide additional information on the processing schedule as it becomes available.
ADDITIONAL SERVICES
ADDITIONAL SERVICES are tasks not currently a part of the BASIC SERVICES for this project,
but which CLIENT may request as ADDITIONAL SERVICES. Following are examples of activities
that might be performed as ADDITIONAL SERVICES:
• Prepare for and attend additional meetings to discuss the project, beyond that provided
for in BASIC SERVICES.
• Prepare application forms and documents required for application requesting changes or
amendments to the TPDES permits, should it be determined that a minor or major
amendment of the permit be required.
• Prepare detailed review of new or more stringent permit limits, such as dissolved salts
permit limits, or lower limits for conventional pollutants.
• Review of the TCEQ water quality discharge model.
• Coordinate with or prepare responses to questions from the U.S. Environmental Protection
Agency.
• Conduct field reconnaissance to collect data or information not provided by CLIENT.
• Prepare to serve or serve as an expert witness on behalf of CLIENT.
• Provide technical or procedural support if proposed permits are protested.
ENGINEER will perform ADDITIONAL SERVICES only as authorized to do so by CLIENT.
A-4
ATTACHMENT B
PLUMMER ASSOCIATES, INC.
VILLAGE CREEK WATER RECLAMATION FACILITY
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT RENEWAL APPLICATION
COMPENSATION
1. BASIC SERVICES
The total compensation shall be paid in an amount not to exceed Thirty-Four Thousand
($34,000). CLIENT shall pay ENGINEER for BASIC SERVICES of ENGINEER rendered for
"Scope of Services" as provided in Attachment A of this agreement.
The budget for BASIC SERVICES is $34,000. ENGINEER will not exceed this amount without
prior approval from CLIENT. Compensation for BASIC SERVICES completed shall be paid as
invoiced monthly, on a lump sum basis. CLIENT will be invoiced monthly based on estimated
percent completion of the project.
2. ADDITIONAL SERVICES
Cost reimbursable compensation for ADDITIONAL SERVICES, as authorized by the CLIENT,
shall be based on ENGINEER's personnel time at the hourly labor rates provide in the Hourly
Rate Schedule for Professional Services, following.
HOURLY FEE SCHEDULE
2022
Staff Description Staff Code 2022
Rate
Admin Staff Al -A2 $ 90.00
Admin Staff III A3 $ 95.00
Senior Admin Staff A4 $ 100.00
Designer/Technician Cl-C2 $ 90.00
-Designer/Technician III C3 $ 120.00
Senior Designer/Technician C4 $ 140.00
Engineer/Scientist Intern ESO $ 60.00
-Engineer-in-Training/Scientist-in-TrainingES1 $ 115.00
-Engineer-in-Training/Scientist-in-TrainingII ES2 $ 125.00
-Engineer-in-Training/Scientist-in-TrainingIII ES3 $ 140.00
Project Engineer/Scientist ES4 $ 145.00
Senior Project Engineer/Scientist ES5 $ 175.00
Project Manager ES6 $ 215.00
Senior Project Manager ES7 $ 240.00
-Principal I ES8 $ 305.00
-Principal II ES9 $ 320.00
Billing rates may be adjusted by up to 4 percent annually (at the beginning
of each calendar year) during the term of this agreement.
A multiplier of 1.15 will be applied to all direct expenses.
B-1
ATTACHMENT B
PLUMMER ASSOCIATES, INC.
VILLAGE CREEK WATER RECLAMATION FACILITY
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT RENEWAL APPLICATION
COMPENSATION
1. BASIC SERVICES
The total compensation shall be paid in an amount not to exceed Thirty-Four Thousand
($34,000). CLIENT shall pay ENGINEER for BASIC SERVICES of ENGINEER rendered for
"Scope of Services" as provided in Attachment A of this agreement.
The budget for BASIC SERVICES is $34,000. ENGINEER will not exceed this amount without
prior approval from CLIENT. Compensation for BASIC SERVICES completed shall be paid as
invoiced monthly, on a lump sum basis. CLIENT will be invoiced monthly based on estimated
percent completion of the project.
2. ADDITIONAL SERVICES
Cost reimbursable compensation for ADDITIONAL SERVICES, as authorized by the CLIENT,
shall be based on ENGINEER's personnel time at the hourly labor rates provide in the Hourly
Rate Schedule for Professional Services, following.
HOURLY FEE SCHEDULE
2022
Staff Description Staff Code 2022
Rate
Admin Staff Al -A2 $ 90.00
Admin Staff III A3 $ 95.00
Senior Admin Staff A4 $ 100.00
Designer/Technician Cl-C2 $ 90.00
-Designer/Technician III C3 $ 120.00
Senior Designer/Technician C4 $ 140.00
Engineer/Scientist Intern ESO $ 60.00
-Engineer-in-Training/Scientist-in-TrainingES1 $ 115.00
-Engineer-in-Training/Scientist-in-TrainingII ES2 $ 125.00
-Engineer-in-Training/Scientist-in-TrainingIII ES3 $ 140.00
Project Engineer/Scientist ES4 $ 145.00
Senior Project Engineer/Scientist ES5 $ 175.00
Project Manager ES6 $ 215.00
Senior Project Manager ES7 $ 240.00
-Principal I ES8 $ 305.00
-Principal II ES9 $ 320.00
Billing rates may be adjusted by up to 4 percent annually (at the beginning
of each calendar year) during the term of this agreement.
A multiplier of 1.15 will be applied to all direct expenses.
B-1