Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 62655 (2)
*4614a0rowel Q• • CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and ADS, LLC authorized to do business in Texas ("Consultant"), for a project generally described as: Citywide Wastewater Collection System Flow Monitoring Maintenance Contract — FY 2025 ("Project"). Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $97,560.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreementfor Professional Services Revision Date: December 8, 2023 Page 1 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreement for Professional Services Revision Date: December 8, 2023 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment E and City has approved such insurance. Article VIII Force Majeure 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: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreementfor Professional Services Revision Date: December 8, 2023 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions 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 article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreementfor Professional Services Revision Date: December 8, 2023 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of 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 City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreementfor Professional Services Revision Date: December 8, 2023 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Christopher Harder, P.E., Director Water Department 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: ADS, LLC Attn: Bobby G. Pickett, Jr., Assistant Secretary 340 The Bridge Street, Suite 204 Huntsville, AL 35806 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreementfor Professional Services Revision Date: December 8, 2023 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. Article XXIII City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreement for Professional Services Revision Date: December 8, 2023 Page 7 of 9 Attachments, Schedules and 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 but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Insurance Requirements City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreementfor Professional Services Revision Date: December 8, 2023 Page 8 of 9 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT ADS, LLC .milp William Johnson (J n 21, 2025 12:02 CST) Bobby PickE[t(Jail 14,202516:07 EST) William Johnson Bobby G. Pickett, Jr. Assistant City Manager Assistant Secretary Date: 01 /21 /2025 Date: 01 /14/2025 � o�nnq pORt�pa - °O9 ATTEST: pro ono ,moo o=d OIIIlIl nE�p54 Jannette Goodall City Secretary APPROVAL RECOMMENDED: C � tAPAr By: Christopher Hader (Jan 16, 2025 13:27 CST) Christopher Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: N/A 4999t—� M&C Date: N/A By: Douglas Black (Jan 17, 2025 17:29 CST) Douglas W. Black Form 1295: N/A Sr. Assistant City Attorney 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. JoM R. Kasavich, P.E. Engineering Manager City of Fort Worth, Texas Citywide Wastewater Collection System Flow Monitoring Maintenance Contract Standard Agreementfor Professional Services Revision Date: December 8, 2023 OFFICIAL RECORD Page 9 of 9 CITY SECRETARY FT. WORTH, TX ATTACHMENT A 30.0 SCOPE OF WORK 30.1 The City seeks proposals from qualified Vendor to provide flow monitoring products and renewable annual flow monitoring field services in the City of Fort Worth's wastewater collection system for Field Operations, Water Engineering and the plant operators at the Village Creek Wastewater Treatment Plant. Flow monitoring related products shall include: ten (10) flow meters (FM), including contact type of flow meters and recommended velocity, pressure and depth sensor probes with stainless steel bands, as needed and 30-ft communication cabling (min.); batteries; and mounting hardware associated with the specific type of meter and its proper installation in sanitary sewer system pipes and manholes. 30.2 The successful vendor shall provide all necessary materials and supplies on an as -needed basis, as requested by the City of Fort Worth. 30.3 Unit prices shall include all associated costs to completely turnkey the provision of specified equipment, its installation and servicing as specified for the annual contract terms. This contract shall include all miscellaneous service, product delivery, fuel and handling charges. No additional charges will be accepted or paid by the City of Fort Worth. 30.4 Unit prices for supplies and equipment/service fee shall include all supplies and equipment, maintenance, labor, monitoring, program management, and all other services required to maintain the flow monitoring program as specified herein and throughout duration of the original contract period. Vendor shall include all related transportation/shipping costs and quantity restrictions in their proposals. 30.5 Following the award, additional services of the same general category that could have been encompassed in the award of this Contract, and that are not already in the Contract, may be added. 30.6 Scope of Work shall be delivered as a full service project conducted. 30.7 The City reserves the right to modify metering periods based upon the performance of the metering Vendor or the need for flow monitoring during wet -weather or dry -weather periods. 30.8 The metering Vendor shall provide service to all equipment utilized during the Contract, including installation, calibration, safety training, maintenance, removal and re -certification, reinstallation and maintenance for up to ten (10) meters. 30.9 The metering Vendor shall respond to and repair any equipment failures at each supply application site within 48 hours. 30.10 The metering Vendor shall identify/select a Service Manager to run field operations and provide day-to-day City communication. 30.11 The metering Vendor shall identify/select a Data Analyst to run basic data management services for the new City flow monitors. 30.12 Preparing, updating, and maintaining a project management schedule. 30.12.1 At time of proposal submittal, the Vendor shall provide a preliminary project management schedule for all initial meter deployments. If required, the Vendor shall coordinate with any third party telemetry provider. 30.12.2 After award and at project kick-off meeting, the selected metering Vendor shall provide a final project management schedule to the City. 30.13 Preparing and submitting monthly progress report and invoices. Vendor must submit monthly invoices per City invoice submittal policies and using City provided forms. Failure to do so will results in invoice being rejected. 30.14 Invoicing periods in which active meters days (meters installed in pipe) are less than 30 days the monthly meter site fees (Maintenance /Scheduled Calibrations and Data Management tasks) shall be billed at a prorated amount based upon the percentage of active meter days during that period (month). Uptime shall also be considered in monthly invoicing as described in 30.18. 30.15 The metering Vendor shall provide the Log Reports as requested by the City and as part of the Vendor scheduled deliverables which at a minimum shall show: 30.15.1 Meter status 30.15.2 Battery strength 30.15.3 Maintenance requests 30.15.4 Service completion and Calibration reports 30.16 The metering Vendor shall prepare, submit, and maintain a monitoring location database with site sheets and GIS Map Exhibits for each monitor deployed. This includes any monitors installed or relocated during this contract. 30.17 The metering Vendor shall schedule and conduct Progress Meetings as directed by the City (including kick-off meetings per each deployment of temporary meters) as needed to review: 30.17.1 Monitor Uptime 30.17.2 Service Crew response time to identified monitor issues 30.17.3 Spare Parts availability and/or Concerns 30.17.4 Accuracy and reliability of flow data (confirm that calibration data has been properly used to adjust the captured flow data for accuracy) 30.18 The metering Vendor shall be responsible for maintaining the City's the wastewater collection system network of monitors purchased under this agreement. The metering Vendor shall provide the City with an operation and maintenance plan specifically for the City's monitoring network. It is anticipated that scheduled maintenance visits will only be done quarterly in conjunction with the quarterly calibration site visits. Mandatory maintenance program/procedures shall be administered in such a manner to ensure a minimum uptime of 90% of quality data for each meter and sensor by: 30.18.1 Performing corrective and preventative maintenance of all meters and sensors in accordance with the manufacturers design specifications or through best practices developed by the Manufacturer and/or metering Vendor through experience with the manufacturer's equipment, and support of the Data Analyst. 30.18.2 Cleaning, repairing, and replacing malfunctioning meter data canisters, electronics, and sensors including telemetry equipment maintained (supplied) by the Vendor. 30.18.3 Visiting monitors to address communication issues related to the metering equipment and data anomalies. Monitors missing two scheduled collects in sequence shall be visited within 48 hours for servicing and data collection. 30.18.4 If applicable during a contract period, any observed problems related to the function and performance of any City supplied telemetry devices shall be reported to the City and their identified third party vendor. 30.18.5 On a quarterly basis, the Vendor shall provide a status report that includes an inventory of parts, batteries, backup monitors, and equipment for performance of this contract. 30.18.6 Replacing batteries before power failure. A 50% power remaining reading shall trigger a maintenance visit to be scheduled in order to replace the battery before power failure occurs. 30.18.7 If applicable during a contract period, coordinating third party telemetric service issues with the telemetry service provider and performing repairs between the service provider's termination point and the flow monitors. 30.18.8 Whenever sewer flows and/or sewer gases are too high for safe and proper flow monitor servicing work, the metering Vendor shall service the flow monitors during low flow periods. If gas levels are still too high during the off peak servicing time, Self -Contained Breathing Apparatus (SCBA) gear shall be used in high gas structures at no additional cost to the City. 30.18.9 Checking band tightness, cable tie-ups, canister mounting, and overall inspection during monitor calibrations. 30.18.10 All surcharges shall be reported. Active surcharges shall be reported to City's 24 hour dispatch office, then the Project Manager. 30.18.11 If an individual monitor fails to meet the 90% data uptime, the City shall receive a downtime credit from the metering Vendor at an amount equal to the daily metering cost as determined from the monthly meter servicing fee per each day with bad or missing data exceeding the allowable 10% downtime on all deployed flow monitoring units. 30.18.12 City personnel has the right to observe any field visits with the Vendor during the duration of this project. The selected Vendor shall coordinate with the City to observe site visits when requested for periodic observation and informal training purposes. 30.19 All meters shall be calibrated on a quarterly schedule for temporary and permanent meter sites. All meter calibration shall be in accordance with the following: 30.19.1 All Calibrations shall be done with field crew on site and Data Analyst online. The Vender shall coordinate with the City's staff if requested by City staff to observe calibrations. 30.19.2 Throughout the flow monitoring period, calibrations shall be done at various times of the day, including early morning low flow, daily peaks, and afternoon times. 30.19.3 Velocity Profiles collected in the field shall utilize a factory certified Portable Velocity Meter (PVM) and be in accordance with Exhibit C and used to calibrate the velocity sensor data. The PVM shall include an electromagnetic velocity sensor and an absolute pressure depth reading with a single point calibration. The PVM shall provide real-time data with accuracies of +/- 2% of reading. The vendor shall utilize a Hach Model FH950 hand held portable velocity flow meter configured with a pressure depth sensor, or approved equal, for more accurate velocity profiling. The Vendor shall calibrate the PVM prior to each service and document the calibration in the calibration log. 30.19.4 For meters, the Data Analyst shall fire selected sensors immediately after field measurements. First sensors fired shall be depth then velocity. Data Analyst shall compare field measurements to real-time meter readings to validate readings are within parameters. 30.19.5 Calibration meter parameters are Depths to be plus or minus 0.25 inches and Velocities to be plus or minus 0.50 fps. Greater values shall require the meter data to be further evaluated for adjustment. 30.19.6 Calibration points shall be within the scattergraph data for the time period since the last calibration. The closer the data point is to the Best Fit Curve is the preferred goal. Best Fit Curve shall be a natural progression and not forced through any points. 30.19.7 Monitors out of calibration shall be brought within parameters by next quarterly calibrations. 30.19.8 Calibration data shall be available on the web. Quarterly data shall be online for the City to view before invoicing. Calibration data shall be the scattergraph with the calibration point and best -fit curve and calibration table with date, time, field measurements, monitor readings, and difference between field and meter. 30.19.9 Quarterly calibrations that were not completed the current quarter shall be the first calibrations the next month. 30.19.10 Additional calibrations may be requested by the City. 30.19.11 Calibrations for monitor installation and relocation are not counted for monthly maintenance invoicing. 30.20 Data collection, processing, reporting and storage: 30.20.1 Data Collection and Storage: a. The City will provide the metering Vendor with access to the following data and capabilities through a web based module with a unique login provided to the Vendor: • Monitor status • Battery strength • Meter sensor data with collection data and time • Data downloading capabilities (excel and comma -separated values) • Real-time access to collected data b. Whenever telemetric access has failed, the flow meter vendor shall schedule weekly manual downloads of the monitor's data until access is restored or as directed by the City. If a site fails to have acceptable cellular service connectivity regularly due to poor cellular coverage in the area and not caused by equipment malfunctioning, the City will coordinate with the metering Vendor to set a servicing schedule to manual data collection (Bid Item 8). c. All data collected and stored by the flow meter vendor shall be deemed as property of the City. 30.20.2 Reports (All tasks described as part of this clause, 30.23.2, are included as part of Bid Alternate 1, Data Processing and Analysis) a. The Vendor flow data processing system shall support the following types of configurable reports: • User Defined Reports: User Defined Reports shall be a report generating tool to allow user to customize existing reports or create new reports from the data. ■ The system shall be capable of importing and integrating data collected from other City projects and historical data stored in the City's current database (data shall be provided as a .csv file). • Profile Reports: Profile Report shall be a monitor's seven day report from a user specified start date with across the page, seven columns for each day's data. Profile Report's day column shall be divided into data columns for Time, Dfinal, Vfinal, Qfinal, and Rainfall. Profile Report data shall selectable for averaging at none, 15 minute, 30 minute, and 1 hour. Profile Report shall end with statistics for each day. Profile Report statistics shall be day's 24 hour average flow, rain total, minimum flow and time, and maximum flow and time. The Profile report shall be able to process one monitor or a group of monitors. • Peak Flow Reports: Peak Flow reports shall indicate "15 minute" averaged data in tabular format, the daily peak flows, the time the peaks occurred, and the total average daily flow in a monthly format. The Peak Flow report shall include Rainfall data from the City's existing rain gauge sites and may be supplemented by historic data from the National Oceanic and Atmospheric Administration (NOAA) Website. • Surcharge trend reports: Surcharge trend reports shall indicate the percentage of time the each site was in a surcharge condition (depth greater than full pipe) over the last 24 hours, compared with a user specified time range. • Annual Reports: The flow meter Vendor shall prepare a comprehensive annual report to the City for their review and approval as required by a City established reporting schedule. The annual report shall verify the percent of uptime for each monitor and summarize the previous year's of network changes. The report shall also include an updated Flow Diagram Schematic for each metered basin and 48x36 inch map of Fort Worth Water Department's (FWWD) Collection System Network. b. Reports data • Reports shall use final data, Dfinal, Vfmal, Qfinal, and Rainfall for any calculations used in the reports. If final data is not available then the report shall use the automatically edited data Dprocessed, Vprocessed, Qprocessed, and alternate gauge rainfall on the report to minimize possible reporting gaps. 30.20.3 Servicing Reports To aid in monthly invoicing, the Vendor shall provide a report to view percent uptime by monitor for a specific time interval with date and time of data stopped, date and time data restart, days of data lost, number of days in the specific time interval, and percent uptime the in specific time interval. The Vendor shall provide a report by monitor of collection status after each collect. The Vendor shall provide Maintenance Service Logs capturing all services calls, visits, service details, calibrations, and between-parties-emails. The Vendor shall provide a report to view service calls by monitor for a specific time interval. The Vendor shall provide a report to view a monitor's maintenance log. The Vendor shall provide daily schedules to City when servicing meters to ensure that the City can know where and which crew will be visiting sites that day. The Vendor shall log any diagnostic events, such as sensor related events or battery warnings, which are reported by the hardware. The Vendor shall coordinate with the City's metering department during site visits as required. 30.20.4 The Vendor shall use Geographic Information System (GIS) information for the purpose of providing a quarterly map display of all monitoring locations. The City shall provide the Vendor with appropriate City GIS shapefiles for use in this project. a. The map shall show the City's sewer system with labeled site icons for manholes with meters in them and buildings where gauges are located. Permanent and temporary meter icons will be circles. Billing meter icons shall be diamonds. Rain gauge icons will be triangles. Shapefiles for the exhibits provided in Exhibit B will be provided to the selected Vendor. b. The map shall show major roads and streams. c. The map shall show aerial images. d. The map shall indicate collect or current data status. Monitors with collection failures shall be highlighted in red. e. The map shall indicate sites that are active, temporary, or pulled. f. The map shall have the ability to zoom in and out to view additional details in the supplied GIS information. Map shall zoom to the basin level showing the basin outline and monitors within the basin. Map shall zoom to the monitor site. 30.20.5 Project Deliverables a. Site Sheets (PDF format) for the monitoring site provided within one (1) week of site investigations, once approved by the City and installed, within one (1) week of installation. Each site sheet shall be one page, divided into three sections with the top section detailing the location, the middle section detailing the site, and the lower section detailing the profile. The Meter Location section shall have Site Name, Site Map, Aerial Map, Street Address, Access Route, Installation Manhole ID, State Grid GPS coordinates (Latitude, Longitude, and Elevation), Monitor ID, Monitor Type, and communication number. The Meter Site section shall have site pipe height, site pipe width, site pipe material, site hydraulics, site's upstream Manhole ID, site's downstream Manhole ID, site silt level, site's assigned rain gauge (data provided by the City), site's manhole depth, site's manhole material, site's condition, and site's special requirements. The Profile section shall have both vertical and horizontal sketches of the site showing the sensor location and incoming and outgoing pipes. b. Silt Profiles and Calibration Sheets shall be provided to the City in PDF format as completed in the field. The project end submittal shall include all site calibrations. Items 30.23.5c and 30.23.5d are included as part of Bid Alternative 1, Data Processing and Analysis. Processed metering sensor data shall be provided to the City (in .xls and/or .csv) based upon the below schedule: • 60 Days after install (provided to the City in excel and/or comma -separated values format within four (4) weeks of the 60 day metering mark) • Quarterly submittals (following quarterly calibrations, provided to the City in excel and/or comma -separated values format within four (4) weeks of the quarterly calibrations) c. The Vendor shall identity with project data deliverables any derived/empirical data utilized (Manning's derived flow values). If the manning's flow is utilized the Vendor shall provide .xls and/or .csv files with Qmannings and Qcontinuity flow data as well as PDFs with a graphic comparison. 30.21 Data Analysis service shall be performed for all meter sites. 30.21.1 The Data Analyst shall review data after every collect. 30.21.2 The Data Analyst shall work with field crew during monitor calibration. 30.21.3 The Data Analyst shall notify service manager on issues of monitor calibrations, data spiking, flow drifts, and data anomalies. Items 30.24.4 — 30.24.6 are included as part of Bid Alternative 1, Data Processing and Analysis. 30.21.4 The Data Analyst shall perform all analytical tasks necessary for cleaning sensor spikes, addressing flow drifts, calculating flow components, hydraulic trending, mass flow balancing and other data analysis related to calibrating the flow data. 30.21.5 The Data Analyst shall maintain a copy of both the final and the original data. 30.21.6 Data Analyst's work shall be reviewed by a Certified Professional Engineer in the State of Texas. 31.0 MiNiMi1M OiJALiFiCATiONS AND REOiJESTED INFORMATION Each Vendor shall submit with its proposal for Flow Monitoring Services, the information outlined in Section 32.0 which will be used in evaluating and prequalifying the Vendor ability to satisfactorily perform the services requested. Proposals submitted by Vendor not meeting the minimum qualifications are subject to rejection. 32.0 ADDITIONAL CONTRACTOR RE%jRFMFNTS The following factors shall be considered to be the minimum qualification for Vendor submitting proposals to the City of Fort Worth: 32.1 Vendor shall be responsible for furnishing the necessary personnel, equipment, materials, supplies, transportation, services and otherwise do all things necessary to provide flow monitoring services. 32.2 The Vendor must have prior experience installing and maintaining at least two hundred fifty (250) large diameter ("large diameter" is defined as greater than 21 inches and up to 96 inches in diameter) flow monitoring sites during the past 5 years. The Vendor must provide summary table of a large diameter flow metering projects completed during this time and indicated the number of concurrent meters installed; monitoring period and pipe sizes metered during this period. Additionally, the Vendor shall identify an experienced person as the proposed project Service Manager. The Service Manager must have at least three (3) years of project experience directing large diameter flow metering projects. At least two of the referenced projects must have included managing a minimum of twenty (20) concurrent flow monitors. 32.3 It is expressly understood and agreed that the foregoing RFP is based on the total bid amount for the service Contract which is inclusive of all work, equipment, and supplies and management for one year period, as specified in the reference RFP documents. 32.4 Vendor shall provide all equipment maintenance and repair during each authorized 12 month operating period. All materials required for routine maintenance and repairs are to be provided by Vendor as part of this service contract at no additional cost to the City. 32.5 All precautions shall be taken by the Vendor to protect the workers, public and City staff from any exposure to harmful or hazardous substances. 32.6 In addition to having a minimum of four (4) Vendor personnel familiar with the City program that can be contacted in case of an emergency, Vendor shall provide a 24-hour toll free hotline phone number. 32.7 Vendor shall provide with these bidding documents, technical specifications for all sensors and metering equipment proposed for use in this project. 32.8 Failure to submit any of the information requested above may be used, at the sole discretion of The City of Fort Worth in determining whether the Vendor Proposal is accepted or rejected. ATTACHMENT B BID PROPOSAL CITYWIDE WASTEWATER COLLECTION SYSTEM TEMPORARY FLOW METERING SCOPE OF SERVICES BID PROSPOSAL TECHNICAL & FUNCTIONAL REQUIREMENTS: Contractor shall provide all labor, material, supplies and equipment to perform the required tasks bid Flow Meterina Services (Contact Meters), - Includes flow meters, installation, calibration, servicing, removal, data management, flow analysis and reporting, plus redeployment in Bidder's Proposal accordance with RFP No. 18-xxxx Bidlist Description Unit of Bid Unit Price Bid Value Item No. Measure Quantity Meter Site Maintenance, as Required Including Scheduled Calibrations 1 (bi-weekly for the first 60 days and then quarterly thereafter) - Monthly MO 90 Servicing Fee (monthly fee per meter, assumed up to 10 CONTACT meters deployed during a 9 month period) Contact Base Bid Total: Contact Bid Alternate No. 1 Additional Data Management, Analysis and Reporting - Monthly Data BA#1 Mangement, Analysis, and Reporting Fee (monthly fee per meter, up to MO 90 10 CONTACT meters deployed during a 9 month period) as noted in Section 30.0 "Scope of Work". This is an ADD/DEDUCT Item. $284.00 $25,560.00 Contact Bid Alternate No. 1 Total $25,560.00 Total Contact Base Bid + Contact Bid Alternate No. 1 = $97,560.00 $800.00 $72,000.00 $72,000.00 Exhibit A Flow Metering Services RFP 18-0076 Page 1 Bid Proposal Sheet ATTACHMENT B-1 Professional Services Payment Request Project Manager John R. Kasavich, P.E. Summary Project: CITYWIDE WASTEWATER COLLECTION SYSTEM FLOW MONITORING MAINTENANCE CONTRACT FY 25 City Project #., N/A Work Type Desc: SEWER F/A/C: 01 — 5330201 — 0602501/0702501 City Sec Contract No: Consultant Instructions: M&C Number., Purchase Order., Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buasaw and Add your invoice to the ADS Environmental Services, Company Name: LLC. Consultant folder within Project's folder. VENDOR PM. Mr. John Jenkins email: iienkinslOidexcom.com Vendor Project No.: Office Address: 340 The Bridge Street, Suite 204, Huntsville, AL 35086 Vendor Invoice A Telephone: 682-330-8924 (Mobile) Payment Request #., Fax: 281-879-5480 From Date: To Date: Remit Address: Remit Electronic Payments to: Bank of America Bank; Routing Number 071923284; Account Number: 8765131540 Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 SEWER FAC and Work Type Description Totals This Payment Request Agreement Agreement Amendment Amount to Amount Percent Amount Amount Date Spent Spent $97,560.00 $97,560.00 $97,560.00 $97,560.00 Overall Percentage Spent: Current Remaining ($) Invoiced Previously Invoice Balance $97,560.00 $97,560.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Citywide Wastewater Collection System Flow Monitoring Maintenance Contract — FY 2025 No Changes City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of 1 Attachment D - Project Schedule Month I Task Description/Deliverables 01-02-25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 01-31-25 service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 02-01-25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 02-28-25 service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 03-01-25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 03-31-25 service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 04-01-25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 04-30-25 service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 05-01-25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 05-31-25 service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 06-01- 0625 through service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 07-01- 0725 through service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 08-01- 0825 through service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). 25 through Flow monitoring data management, analysis and reporting. On -going flow monitoring network operation, 09-01- 0925 through service, maintenance and calibrations as needed. Perform task orders as assigned (Monitor removals, relocations, installs, etc.). ATTACHMENT "E" CERTIFICATE OF INSURANCE Design Services for Citywide Wastewater Collection System Flow Monitoring Maintenance Contract — FY 2025 City of Fort Worth, Texas Attachment E PMO Release Date: 05.19.2010 Page 1 of 1 POLICY NUMBER:AS2-681-004088-035 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization where the named insured has agreed by written contract to include such person or organization as a designated insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: AS2-681-004088-035 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: T B2-681-004088-755 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Schedule Location(s) Of Covered Operations Any person or organization for whom you have agreed All locations as required by a written contract or in a written contract or agreement, prior to an agreement entered into prior to an "occurrence" or "occurrence" or offense, that such person or offense. organization be added as an additional insured to your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: T B2-681-004088-755 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Schedule Name Of Additional Insured Person(s) Or Organization(s): Any person or organization for whom you have agreed in a written contract or agreement, prior to an "occurrence", that such person or organization be added as an additional insured to your policy. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an "occurrence". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:TB2-681-004088-755 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Schedule Name Of Person(s) Or Organization(s): City of Las Vegas, its Officers, Employees and Agents Las Vegas, NV City of Rancho Palos Verdes, its officials, employees and agents The Regents of the University of California U.S. Government Los Angeles Department of Water and Power The State of California, the Trustees of the California State University, the California State University, Long Beach and the officers, employees, agents and volunteers California State University, Long Beach 1250 Bellflower Boulevard, BH-346 Long Beach, CA 90840-0123 City of Brentwood, CA As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1