HomeMy WebLinkAboutContract 45003 CITYam I
C="CT NOO 000
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by
end' between the CITY OF FORT WORTH (the; "City"), a home rule municipal corporation situated in
portions of Tarrant, Denton and ""wise Counties,, Takes, acting by and through Fernando Costa, its duly
authorized Assistant City Manager,, and Alan Plummer Associates, Inc. ("Consultant,"),, a Texas
Corporation end acting by and through Ellen T. McDonald, a duly authorized Principal..
CONTRACT DOCUMENTS:
The Contract documents shall, include the following:
1. This Agreement for Professional Services
2., E:xhihit A—Statement of Work plus any arnendr tints to the Statement of Work
3. Exhibit B Payment ,schedule
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.
In the event of any conflict between the documents, the terms and conditions of this Professional
Services Agreement shall control.
11. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional consulting n services for the
purpose of industrial, commercial and institutional water conservation. Attached hereto and
incorporated for all purposes incidex t to this .Agreement is Exhibit "A,:"' Statement.t of Word, more
specifically describing the services to he provided hereunder.
2, TEAT.
This Agreement shall commence September 1, 2,0 1,3 ("Effective Date" and shall expire
on August 31, 2014,, unless terminated earlier in accordance with the provisions of this Agreement. The
City shall have four (4) one year options to renew this Agreement under the same terms and conditions
to he exercised in the City's's sole discretion.
3. COMPENSATION.
The City shall, pay Consultant in accordance with the hourly rate of Consultant personnel who
perform services under this Agreement in accordance with the provisions of this Agreement and the
Payment Schedule attached as Exhibit 11113," which is incorporated for all purposes herein-, however, total
payment made under this Agreement by the City for all services shall not, exceed $2 ,000. 0.
Consultant nsultant shall not perform any additional services for the City not specified by this Agreement unless
the City requests and approves in writing the additional costs for such services. The Cite shall not he
liable for any additional expenses of Consultant not specified by this Agreement unless the City first
approves such expenses in writing..
4. TERMINATION.,
4.1. Convenience.
nvenience.
The City or Consultant may terminate this Agreement at any time and for any reason by
providing the Other party with 30,days' written notice of termination.
OFFICIAL RIECORD
Professional Services Agreement
Alan Plummer Associates,,Inc. SECRETARY
"s WOUH,
TX
R E D , .
14
.2 Ion-appiopriatioln of Funds.,
In the event no funds or insufficient funds are appropriated by the City, in any fiscal
period for any payments due hereunder, City will notify Consultant of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations, were
received without penalty or expense to the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds have been appropriated.,
4.3 Breach.,
Subject to Section 2,91 herein, either party may terminate this Agreement for breach of
duty, obligation or warranty upon exhaustion of all remedies set forth in Section 29.
4.4 Duties and Oblli-qanions of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City shall
play Consultant for services actually rendered up to the effective date of termination and
Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Consultant shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event consultant has
received access to City information or data as a requirement to perform services hereunder,
Consultant shall return, all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
.'l Disclosure of Conflicts. Consultant, hereby warrants to the City that Consultant has
made full disclosure in writing of any existing, or potential conflicts, of interest related to, Consultant's
I
services ulnder this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Consultant hereby agrees immediately to make full disclosure to,the City in writing.
51.2 Confidential Information. Consultant, for itself and its officers, agents and employees,
agrees, that it shall treat all information provided to, it by the City as confidential and shall not disclose
any such information to a third party without the prior written approval of the City.
5.31 Unauthorized Access. Consultant shall store and maintain City Information in a secure
manner and shall not allow, unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way,. Consultant shall notify the City immediately if the security or integrity of any City
information has been compromised or is bellieved to have been compromised, in which event,
Consultant shall, in good faith, use all commercially reasonable, efforts to cooperate with the City, in
identifying what information has been accessed by unauthorized means, and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Consultant agrees that -the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during, the said three years, have
access to and the right to examine at reasonable times, any directly pertinent books, documents,: papers
and records of the Consultant involving transactions relating to this Contract at no additional cost to the
City. Consultant agrees that the City shall have access during normal working hours, to all necessary,
Consultant facilities, and shall be provided adequate and appropriate work space in order, to conduct
audits, in compliance with the provisions of this section,. The City shall give Consultant reasonable
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advance notice of intended audits.
Consultant further agrees to include in,all its, subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, unt,il expiration of three (3) years after final!
payment of the subcontract, or thefinal conclusion of any aud'it commenced during the said three years
have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor invol�vi�ng transactions related to the subcontract,, and further
that City shall have access during normal working hours to all subcontractor facilities and shal,l, be
provided adequate and, appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood, and agreed that Cons,u,l,tant shall operate as an independent
contractor as to all rights and privileges and work performed under this agreement, and not as agent,
representative or employee of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Consultant shalil have the exclusive, r�ight to control the details of its operations and,
activities and be solely responsible for the acts and omissions, of its, officers, agents, servants,
employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat
superior shall not apply as between the City, its officers, agents, servants and employees, and
Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant
further agrees that nothiiing herein shall be construed as the creation of a partnership or joint enterprise
between City and, Consultant. It is further understood that the, City sha,l�l in no way be considered a Co-
employer or a Joint employer of Consultant or any officers, agents, servants, employees or
subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees, or
subcontractors of Consultant shall be entitled to any employment benefits from the City., Consultant shall
be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents, servants, empiloyees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY -1 CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
DAMAGE, OR CLAIM RELATED TO CONSULTANT'S SCOPE OF WORK AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL, PERSONS, OF ANY KIND, OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE, EXTENT CAUSED BY THE NEGLIGENT' ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL, MISCONDUCT OF CONSULTANT, ITS,
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
B. INDEMNIFICATION. - CONSULTANT HEREBY AGREES TO INDEMNIFY, AND HOLD,
HARMLESS THE CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS, RELATED TO THE PERFORMANCE, OF CONSULTANTIS
W01RK UNDER THIS, AGREEMENT, WHETHER REAL OR ASSERTED AND/OR FOR PERSONAL
INJURY', INCLUDING DEATH, TO ANY AND ALL PERSONS ARISING OUT OF OR IN
CONNECTION WITH, THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS
OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS,, AGENTS, SERVANTS OR
EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shal�l 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 C,ity and the Consultant under which the assignee
agrees to be bound, by the duties, and obligations, of Consultant, under this Agreement. The Consultant
and, Assignee shall be jointly liable for all obligations, of the Consuilitant under this Agreement prior to the
effective date of the assignment. If the C,ity grants consent to a subcontract, the subcontractor shall
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execute a written agreement with the Consultant referencing this Agreement under which the
subcontractor shall agree to be bound by the duties and obligations of the Consultant under this
Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully
executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide the City with certificates,) of insurance documenting poll,iciles of' the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement.-
10.1 Coverage and Limits
(a), Commercial General Liability
$1,000,000 Each, Occurrence
$'1,000,000 Aggregate
(b) Automobile Liability
$15,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Consultant, its employees, agents,
representatives in the course of the providing services under this Agreement. "Any vehicle" shall
be any vehicle owned, hired and non-owned
(c) Worker's Compensation -Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$1100,000 Disease- per each employee
$5001000 Disease- pollicy limit
This,coverage may be written,as follows.,
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas workers' Compensation Act ( ►rt. 8308 – 1.011 et seq. Tex., Rev.
Ci,v. Stat.) and minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per
employee
(d) Professional Liability(Errors&Omissions)
$1,0010,000 Each Claim Limit,
$
1 000,000 Aggregate Limit
Pirofess,ilonal 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,I 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.
101.2 General Requirements
(a), The commercial general liability and automobile liability policies shall name the City as an
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additional insured thereon, as its interests, may appear. The term City shall include its
employees,, officers,, officials,, agents, and volunteers in respect to the contracted, services.
(b�) The workers' compensation policy shall include a Waiver of subrogation (Right of Recovery) in
favor of the City of Fort Worth.
(c) A min,imu,m of Thirty (30) day notice of cancellation by endorsement of coverage shall be
provided to the City. Ten (1 0) day notice shall be acceptable in the event of non-paymeint of
premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Thro:ckmorton, Fort
Worth, Texas 7'6102,, with copies to the City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- V11 in the current A.M. Best Key Rating,
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management., If the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall
be delivered to the City prior to Consultant proceeding with any work pursuant,to this Agreement.
11. COMPLIANCE WITH LAWSO.RDIN�AN,CES, RULES AND REGULATIONS.,
Consultant agrees that in the performance of its obligations hereunder, it will comipily with al,l
applicable federal, state and local laws, ordinances, rules and regulations, and that any work it produces
in connection 'with this agreement will also comply w ith all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws,
ordinances, rules or regulations, Consultant shall immediiately desist from and correct the violation.
121. INION-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and successors in
interest,, as part of the consideration herein, agrees that in the performance of consultant's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or
successors in interest, Consultant agrees to assume such liability and to, indemnify the City and hold the
City harmless from such claim.
13. NOTICES.
N
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its, agents, employees, servants or
representatives,, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows-,
To the CITY.- To Consultant-.
City of Fort,Worth Alan Plummer Associates, Inc.
Attn: Fernanda Costa,, Assistant City Manager ►ttn: Ellen T. McDonald, Principal
11000 Throckmortoin Street 1,3,20 South, University Drive, Suite 300
Fort Worth TX 761,02-6311 Fort Worth, Texas 761017
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Facsimile: (817),392-8654 Facsimile.- (817)870-2536
With Copy to the City Attorney
At same address
14. S01LICITATION OF EMPLOYEES.
Neither the City nor Consu ltant shall, during the term of this agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee or
independent Consultant, any person who, is or has been employed by the other during the term of this
agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,
thiiis provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
is. GOVERNMENTAL POWERS11IMMUNITIES
It is understood and agreed that by execution of' this Agreement, the City does not waive or
surrender any of its governmental powers, or immunities.
16. NO WAIVEIR.
The failure of the City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise; any right granted herein shall not constitute a waiver of the City's or
Consultant's respective right to 'Insist upon appropriate performance or to assert any such right, an any
future occasion.
17. GOVERNING LAW'/VENUE.,
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, Illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts, to meet their respective duties and
oibiligatioins, 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 I including, but not
limited to,, compliance with any government law, ordinance or regulation, acts of God,, acts of the public
enemy, fires, strikes, liockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles, used in this Agreement are for reference purposes only, shall not be deemed
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a part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
2,2. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment
is set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits, attached hereto and any documents
incorporated herein by reference, contains -the, entire understanding and agreement between the City
and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior
or contemporaneous oral or written, agreement is hereby declared null and void to, the extent in conflict,
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. PERFORMANCE OF SERVICES.
Consultant agrees that its services will be of a professional iduality and conform to generally
prevailing industry standards. City must give written notice of any breach of this condition within thirty
(3101) days from the date that the services are completed. In such event, at Consultant's option,
Consultant shall either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with industry standards, or (b) refund the fees paid by the City to Consultant for the
nonconforming services.
26. MILESTONE ACCEPTANCE-- Intentionally Deleted.
27. COOPERATIVE AGREEMENT - Should other governmental entities decide to participate in this
contract,Consultant agrees that all terms,conditions,specification,and pricing would apply.
Governmental entities within utilizing Contracts with the City of Fort Worth will be eligible,but not obligated,to
purchase material/services under this contract. All purchases by governmental entities other than the City of Fort
Worth will be billed directly to that governmental entity and paid by that governmental entity, The City of Fort
Worth will not be responsible for another governmental etitity's debts. Each governmental entity will order its own
material/services as needed.,
28. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (I:NA) which includes
provisions addressing employment eligibility, employment verification,, and, n,onid iscri rn i nation. Consultant
shall verify the identity and emiploymenit eligibility of all employees who perform work under this
I
Agreement. Consultant shall complete, the Employment Eligibility Verification Form (1-9), maintain
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photocopies of all supporting employment elig,ibi'llity and identity documentation for all employees, and
upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Consultant shall establish, appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Consultant shall provide City with a certification letter 'that it has complied with the
verification requirements, required by this Agreement. Consultant shall in'demn,ify City from any penalties
or liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Consultant.
29. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such blinding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto, may be executed by any authorized representative of Consultant whose name, title
and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Exhibit "D" and incorporated herein by reference. Each party is fully entitled to rely on these warranties
and representations in entering into this Agreement or any amendment hereto.
30. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures,, guides, and
documentation, created, pubilished, dilsplayed, and/or produced in conjunction with the services provided
under this Agreement, collectively,1 "Work Product"" Further, City shall be the sole and exclusive owner of
all copyright, patent, trademark, trade secret and other proprietary rights, in and to the Work Product.
Ownership of the Work Product shall, inure to the benefit,of the City from the date of conception, creation
or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrigh,table aspect of the Work Product shall be considered a "work-made-for-,hire" within the meaning
of the Copyright Act, of 19,76, as amended. If and to the extent such Work Product,, or any, part thereof, is
not considered a "work-made-for-h ire'1' within the meaning of the Copyright Act of 1976, as amended,
Consultant hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright,, patent, trademark, trade secret, and all other
proprietary rights therein, that the City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of the City.
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EOF, the parties hereto have executed this Agreement in multiples this of
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-1 201 3�.
ACCEPTED AND AGREED-,
CITY OF' F'ORT WORTH.- ALAN PLUMMER ASSOCIATES, INC.
By�.- /40MOWS4
By-
Fernando costa Name: Ellen T. McDonald
Assistant City Manager Title- Principal
/
Date: 60113 Date.-,
...............
ATTEST.-
ATT
j/
BY"'
S
Mary je., 6 r ecretary F0
6-11
APPROVED AS,TO FORM AND LEGALITY- 0
00
2 Ot
By
Senioi,Assistant City 4Orney
CONTRACT AUTHOR I,ZATIO N
M&C** C-26410
Date Approved-. August 20 2103
FOFFICIAL RECORD
OF F I I
CITY
SECRETARY
SECR
Professional Services Agreement llry C1
Alan,Plummer Associates, Inc. 9 rFTm W;0:RTH, TX
Exhiffift A
Statement of Work
'Task I
1. The Consultant sh�all, report to the Water Conservation Manager and shall provide independent,
objective and expert guidance, recommendations, and assistance concerning implementing and
work in all aspects of the City's Water Conservation initiatives relating to, Industrial, Commercial
and, Institutional (ICI) customers of the City:
Schedule should follow this process:
• Schedule,the audit at the customer's,convenience
• Complete audit field work–within two weeks
Complete audit report for City review—within 30 days
Make any revisions and schedule wrap-up meeting with customer–within 2 weeks of
report approval. Audits are considered payable once the customer meeting has been
conducted.
Follow up with customer to determine what,measures,, if any, were, implemented from the
report raw six months of initial customer meeting.
• Follow-ups should be conducted with previous program participants to see if any
additional recommendat,ions,from prior years have been iimp:lement,ed. This information,
will be captured and used to promote the Award Program.
2. The Consultant shall employ a PC-based relational customer database, fully compatibile with the
City's so ,are, to compile results of audits, (i.e. data and information from ,sites, customers and
equipment). No propn"etaty solftware accepted.
3, The Consultant shall identify potential ICI audit customers and rank and prioritize customers,
according to water usage and savings potential. The list shall include owners/operators, contact
information, and type of'facility.
4. The Consultant shall develop and employ a standard auditing and reporting protocol and format,
as well as forms,1 checklists, and a report generator.
5. The Consultant shall obtain, from City of Fort Worth Water Department, information regarding
water rates, as well as historical water use by Customer. Comparisons, may also require energy
rate data from other sources.
6. The Consultant shall develop and issue, notification letter or make phone contact with requirement
that a,custiorner representative must be present during audit(estimated at typically,4-8 hours).
7'. The Consultant shall assist the City in the development of program literature, including letters,
brochures and application,forms.
8. The Consultant shall' develop a monthly report format and yearly report format for reporting
Consultant's efforts in facilitating the City of Fort Worth Water Department ICI audit Program.
9. The Consultant shall be responsible for identifying and soliciting applicants for audits.
101. The Consultant shall, provide equipment for monitoring, measuring, leak detection, testing and
other necessary tools or equipment to perform the required tasks.
Professional Services Agreement
Alan Plummer Associates,Inc.
11. The Consultant shall set aside a minim,u,m, of three hours each month to meet with city staff and
attend various meetings were their expertise is deemed a benefit to City of Fort Worth Water
Department, if necessary.
12. The Consultant shall assist and participate in annual stakeholder meetings,.
Task 11: Standard Audits
Water using fixtures will be audited using a standard process of evaluation to include a, detailed
report of all water entering into the system and how it is utilized. The audit shouild highlight all
inefficiencies,and losses,. Water using,fixtures include, but are not limited to, fountains,
production processes, toilets, faucets, sprayers, ice machines, dishwashers, laundry equipment,
pools (swimming and decorative), etc.
;or any other metering devices on,
2. The Consultant shall identify the location of water meters and
the site.
3. The Consultant shall identify,and evaluate the general condition of all water using fixtures and note
the finidiinigs. Notes should include the location, years in use, hours of use, quantity of fixtures by
type and note the standard usage amount ratings with current usage amounts.
4. The Consultant,shall monitor for, detect and identify leaks existing in all water using fixtures and
note the losses with quantification.
51. The Consultant shall identify any opportunities to optimize existing low-flow/use fixtures by
adjusting settings or equipment and opportunities where operations and maintenance practices
could be enhanced.
6. The consultant shall identify high water use activities at the site, patterns of use, as well as,
seasonal peak usage.
7. The Consultant shall evaluate customer's water-use practices regarding processes or activities and
determine if'the potential exists to educate, restructure or find an alternative method that could
provide savings to true customer.
Task III: Delliverables
1. The Consultant shall conduct meetings (either,in-pleirson)or by telephone with, Customer to
discuss results of audit report and recommendations for implementation of water conservation
measures.
2. The Consultant shall develop and incorporate a plan for following up:with audit customers in
order to evaluate the effectiveness of the audit in bringing about change and to encourage the
customer to incorporate the specific recommendations.
3. The Consultant shall perform a brief cost/benefit analysis, based on the specific audit
recommendations that will help the end user in making the proper decisions.
Task : Cooling Towers
I I
1 Consultant shall! identify potential sites; arrange individual audits, and complete inspections and
evaluations in terms of water efficiency) of all water processes em,ployed by any requesting City
of Fort Worth Water Department Commercial and Industrial class, water customer. Consultant
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will provide a professional audit and w ill generate a detailed audit report containing no less than
the following parameters-
• The Consultant shall determine long-term average cycles of concentration (ratio of
cooling tower makeup water to Blowd,own water)and identify potential water saviingis,-
• The Consultant shall identify and evaluate any past and present, problems, experienced
with current,processes and impacts, on water use,,,
The Consultant shall provide a measurement of the cooling tower's "heat balance" or
"approach to dew point" to include chlorine and harness cycles to develop a percent for
scale retardation;
• The Consultant shall determine current cycles of concentration, pilus the raw water
baselline to assess water consumption and opportunity for reducing water consumption
with adjustment to cycles of concentration being dependent upon, municipal water
quality);
• The Consultant shall develop an estimate of expected cycles from City water quality data.
• The Consultant shall provide a measurement of the TDS and pH of the makeup and
Blowdown water* Consultant shall assess condition of the' makeup and blow down mieters
if any);
The Consultant shall note the presence or absence of automatic instrumentation for
controlling the blow down, rate of conductivity, as well as the equipment's efficiency in
carrying out system requirements,
The Consultant shall provide the name, address, and telephone number of the current
vendor providing chemical service for the cooling tower system, plus a description of the
current chemical treatment methodology to include biological control measures;
• The Consultant shall provide a description of the cooling tower design, to include
manufacturer and estimate of numbers of years that the tower has been in service;
The Consultant shall note the tower control and fan motor operation (multi-speed or
variable speed)and the presence or absence of a by-pass operation;
The Consultant shall provide a description of the type, of filtration used if any),
The Consultant shall identify the type of cooling tower packing/fill used, and any
deterioration, blockage, clogging, or other conditions observed. This information will be
provided, as part of an evaluation of the overall cooling tower condition,
The Consultant shall evaluate the general condition of the cooling tower and associated
pure ups and any corrosion problems with piping or equipment. As necessary', this
evaluation can be extended to internal, piping;
The Consultant shall inspect the operation of the cooling tower basin level control valve
for proper operation and shial,l, note any defects associated with the valve;
Professional,Services Agreement
Allan Plummier Associates,,Inc.
13
• The Consultant shall note the presence of any leaks, overflows or other observed
conditions to include carryover and drift;
• The Consultant shall develop and provide initial short and long-term recommendations for
modified operating procedures, better chemical treatment, blowdown reuse, repairs and
maintenance, or instrumentation and control/equipment upgrades that will accom:plis,h
water conservation,
The Consultant shall provide recommendations for condensate recovery, were feasible,
for cooling tower make-up;
The Consultant shall provide recommendations for the recovery of cooling tower
blowdown for landscape irrigation purposes;
The Consultant shall provide recommendations for any minor, on the spot modifications,,
adjustments or simple repairs that will immediately enhance the efficiency of the cooling
tower's operation from the standpoint of water conservation;
The Consultant shall evaluate chillers and all system components associated! with the
tower were modifications to equipment or procedures can directly impact both water and
energy consumption.
Task V: Deliverables
1 The Consultant shall provide a copy of each individual, audit report to both City of Fort Worth
Water Department,and the owner of the,cooling tower for which the audit was conducted within 15
calendar days of audit completion date;
2. The Consultant shall conduct one-on-one meetings with Customer to discuss results of audit report
and recommendations for implementation of water conservation measure;
3. The Consultant shall provide City of Fort Worth Water Department with a monthly report detailing,
its efforts in facilitating the City of Fort Worth's Water Conservation Department ICI Audit
Program;
4. The Consultant shall as a result of efforts under Task III services, assist City of Fort Worth Water
Department in developing a cost/benefit analysis for future engineering analyses at each site,
5. The Consultant shall develop and incorporate a plan for following up with audit customers in order,
to evaluate the effectiveness of the audit in, bringing about change and to encourage the customer
to incorporate the specific recommendations.
6., The Consultant shall perform a brief cost/benefit,anal ysis, based on the specific audit
recommendations,that will help the end user in making the proper decisions.
Professional Services Agreement
Alan Plummer Associates, Inc.
14
Task VLF Additional Cooling Tower Evaluation
1 If requested by City of Fort Worth Water Department, as a follow-up task to the on-site audit
conducted in section 29.2.3, Consultant shall conduct an Engineering Evaluation and prepare a
report for a selected facility for the purpose of evaluating the effectiveness of a particular treatment,
method or technology in controlling scaley corrosion,and biological contamination. The Evaluation
will be custom-designed for each facility, based on the recommendations contained in the on-Site
audit Report. Such analyses shall be authorized by,City of Fort Worth Water Department on a
case-bye-case basis, and a fee determined based on corriplexity of the Evaluation and the
Consultant Fee Schedule listed in Exhibit A.
Task VIL Dell vera bles
1. The Engineering Evaluation will include the following elements and information:
0 A site diagram including cooling tower, nearby structures including exhaust stacks within 1100
feet of cooling tower, location of parking, incinerators,, and type of ground cover.
9 A
detailed cooling tower water flow diagram including the cooling tower(s), chillers,
circulating lines, all heat transfer equipment, makeup water entry lines, and bleed-off lines.
0 All materials of construction, in contact with the cooling water.
0 All operation specifications of cooling tower water systemi.
0 Complete history of cooling tower system relat,ive to water treatment.
01 Complete monitoring information such as, corrosion data, deposit monitoring, biomass
monitoring, fill deposits, chemical levels, and water quality data.
0 A Complete report shall include all of the above, plus a precise conclusion stating the
effectiveness or ineffectiveness of the specific method or technology in controlling scale,
corrosion and microbiological contaminants.
Task V111111-0 11ro'nation Systern, Evaluation
1. The Consultant shall conduct an irrigation, audit of on-site irrigation systems.
2. On site audit should activate and visually inspect each zone for efficiency, leaks and water waste.
Audit should evaluate and identify irrigated area, rain/freeze sensors, run times, distribution
uniformity, pressure readings at the head including purnp readings, if applicable. Meters should
be checked to ensure proper operation.
3. Note and record type and number of meters, controllers, number of zones, potential for reuse or
alternative water sources.
Task 1X: Deliverables
1. The Irrigation Evaluation will include the following elements and information.
2. Evaluation of system source;, meter and controller settings,1 sprinkler spacing, precipitation rate,
total square footage of irrigated, area, water consumption, soil/root,zones, slope and distribution
uniformity, evaluation of run-times, etc.
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Alan P'llumm r Associates,Inc.
15
I Photos and charts highlighting any issu observed during the visual inspection (leaks, breaksy
system inefficiencies). Pressure readings, flow measurements, sprink,ler location, rain/freezer
sensors (make & model), types of equipment(make & model), etc. should also be included.,
4. Proposed irrigation recommendations should include the following as applicable: cycle &soak,
drip irrigation, automatic shut-off devices, ET smart controllers, pressure regulating devices,
hyd,rozoning, spray head upgrades, KISSS, and proper maintenance guidelines.
5. Consultant should identify and make scheduling adjustments or recommendations considering soil
improvements, existing plant requirements with suggestions for more efficient plantings, and
other possible water sources or reuse. Applicable drought and salt tolerant plants, should be
suggested for future landscape upgrades.
Task X: Additional Related Work
1 Consultant shall assist the City with developing and implementing technical seminar events.
These seminars will be designed to educate ICI audit customers.
2. The Consultant may be asked to aid in developing educational materials such as presentations,
literature, brochures, hand-outs, etc.
3. The Consultant may be asked to speak with special interest groups or others in relation to ICI
audits.
4. The Consultant may be asked to design demonstrations, models or other visual representations.
5. The Consu ltant shall work with the City of Fort Worth Water Department to develop a Cooling
Tower Certification Program and to draft an ordinance establishing minimum standards for
evaporative cooling towers in Fort Worth, TX.
Professional Services Agreement
Alan Plummer Associates, Inc.
16
IEXHI BIT
B
COST
EXHIBIT B ...............
CITY �F FORT WOR,TH'WATER DEPARTMENT
CONTRACT ICI AUDITS
PROPOSAL COST SUMMARY
Prices based on stated required services and potential —o-l'– ing;
growth fact rs, p Total Per Assu mied Total Anwnual Cost
is quoted per task w�ith assurnpition that 100 Ta�sk,2 audits, 50 Task 3 Task N .of
audits, 10 Task 4 audits and 75 Task 5 audits.
Auidits
Per Year
Cost Task#1-0
$11200101.00
Mobilization, $121000.00
.. ...............
Cost Task, W ater Au dits Interior:Cost Per A,udiit i
No.of jt05 5 to 10, 10,to 2,101 >20 Average
Fixtures -I Cost
Commercial
$11 , 612.5 0
$75.00 $1510.00 $30,01.00 $1600-00 $2,81.25 $281.25 50
No.of Units <25 2,5 to 510 to >1010, Average
50, 100 Cost
--L-7 ......
$20.,6125-00
Institutional $200-00 $500-001 $800.00 $1,800.00 $8,25-00 $825.00
Total SQFT < 25k to 50k,to > 100k Average
251000 50k 111100k Cost
..............
$23,125-0101
Industrial $400.00, $1600-010 i---X900.00 $1,800.00 $925.00 $925.00 25
Cost Task Coofing Tower Initial $5,01000.00
#31: Audits $1,,000.00 50
Cost Task#4,,- Cooling Tower $15,1010110-001
Detailed Audit $10500.00 101
$160)00101.00
Cost Task#5. Irrigation System
Auldift $800.00 75
$194,.812.50
Total A,ud:*t Pricing Per Year
..............
$828.99
Est t,ed Annual,Cost Per Audit
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Man,Plurnmer Associates,Inc.
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Cost Task#6:Facilitating Technical
e rrirrar Everts $5 3
Standard Per Hour date f or
$31600.00
Additional Services 150
......... ......
Total Estimated 1 Year Cost of
'Contract
Instructions-
Cost Task#1 is a nine-t,ilme fee charged for mobilization. It should include all costs associated"with,establishing,a reporting method protocol,
forms,checklists etc.
" t. �"rhis is done to establlish a fair estimate of
Cost Task 2 tapes are average cost `all the ranges t use as the"Total Per Task s costs.
The average cost is then,multiplied by the number of assumed audits per year to determine are estimate annual cost total. Note:the cost of
providing customer reports should be captured,in this price.
Cost Task 3 price is per cooling tower. There may be more than one cooling
tower at a location.
Lest Task#5 price is per irrigation controller. The number of zones
is limited to 15 zones per controller.
Professional Services Agreement
Alan Plummer er Associates,Inc.
(;ity of Fort Worth, Texas
Mayor anci.. Counci'll
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DATE:: Tuesday, August 20, 2013 RE FERENCE NCB,.: **C-26410
LOG NAME: 601CI WATER CONSERVATION AUDITS 13-0127
SUBJECT-
Authorize Execution of a Contract with Alan Plummer Associates, Inc., in an Annual Amount tip to
$20 ,000.00 for Industrial, Commercial and Institutional Water Conservation Audits AL.L. COUNCIL
DISTRICTS)
RECOMMENDATION.:
ENDATIOM :
It is recommended that the City Council authorize the execution of a contract with Alan Plummer
Associates, Inc., in an annual amount up to 20�0,o00.00 for industrial, commercial and institutional water
conservation audits for the Water 'Department.
DISCUSSION:
The City of Fort Wolrth Water Conservation Master Plan lists lnduatrial/Corr meroial/Institutional (ICI)
Audits as a hest management practice that will help the City reach its conservation goals of reducing peal
and baseline grater demands. The ICI Smarty' titer Audit Program was initiated in September 201 011 Frith
the goal of evaluating customers water use and, making recommendations for greater efficiencies. The
Water Department will use this Agreement to: 1 promote city-wide Industrial, Commercial and
Institutional eater Conservation Initiatives, 2 assist in developing and implementing an Industrial,
Commercial, and Institutional Certification Program, 3 conduct a comprehensive facility water audit for
Industrial, Commercial and Institutional customers and 4 present a detailed written report with audit
results, water saving recommendations and a return on investment projection to audit customers,.
The Purchasing Division issued a Request for P'roposa'ls (RFP) on April 17, 2013, soliciting qualified firma
to conduct water conservation audits for the City. The evaluation factors included methodology and
approach to, the project, responsiveness to the scope of work, demonstrated applicable experience,
personnel qualifications of staff to he assigned to the project, total cost and schedule. An evaluation panel
was made up of representatives from the Water Department.
Firms, submitting proposals were Alan Plummer Associates, Inc. and Water Management, Inc. The
recornmended service provider, Alan P'�l'ulmmer Associates, Inc.) was determined the moist qualified to
perform the services described for a one-gear contract period.
ADVERTISEMENT "his Request for Proposal (R FP) was advertised in the Fort Worth Star-Tele ram on
April 17, 2013, April 24, 2013, June 5, 2013 and dune 24, 2013. Two Proposals were received in
response to this RFP.
PRICE ANALYSIS —There is no change in the price for ,audit services provided to the City as awarded on
August 24, 2010 C-24417). The Water Department has reviewed the proposed price and
d!eterrnined it to he fair and reasonable.
t,o name 60 CI WATER CONSERVATION AUDITS 13-0127' Page t of
AGREEMENT TERMS - Upon City Council's approval, this Agreement will begin September 1, 2013 and
expire August 31, 2014.
RENEWAL OPTIONS - This Agreement may be renewed for up to four additional one-year terms at the
City's option. This action does not require specific City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the City"s obligations during the renewal term.
M/WBE OFFICE - A waiver of the goal' for IVIB BE subcontracting requirements was requested by the
inance because
Purchasing Division and approved by the M/WBE Office, in accordance with the BIDE Ord�* I
the purchase of goods, or services is from sources where subcontracting or supplier opportunities are
negligible.
..........
FISCAL-11INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
bud�get, as appropriated, of'the Water and Sewer Fund.
__......... .......
FLIND CENTERS:
TO Fund/Accoun "Centers FROM Fund/AccounVCent,ers
P 4 539120 0604014 $200100 .00i
CERTIFICATIONS:
Submitted for Cii!y Manager's Offiic Fernando Costa (6 22)
Originating Dep art me,,ntBead: S. Frank Crumb (8207)
S.,Frank Crumb (8207),
Additional Information Contact. Micah Reed (82 11)
ATTACHMENTS
1. PE45-5ZZZZZ-0604OZZdocx (CFWinternal)
2, Waiver 13-012 (CFW Interna,l),
Logname: 601CI WATER CONSERVATION AUDI"I'S 13-0127 Page 2 olf 2