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HomeMy WebLinkAbout064410 - Construction-Related - Contract - Plummer Associates, Inc.CSC No. 64410 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 Plummer Associates, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: Consulting Services Associated with the Application for Permit Renewal for Mary's Creek Wastewater Treatment Facility and 210 Authorization ("Project") — Project No. C01239. 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 $50,000.00 ("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 City of Foil Worth. Texas Permit Renewal for Marys Creek Wastewater Treatment Facility and 210 Authorization Standard Agreement for Professional Services C01239 Page 9ate:Augusl18,2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 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 respondeaf 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 INDEMNIFY AND 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 City of Fort Worth, Texas Permit Renewal for Marys Creek Wastewater Treatment Facility and 210 Authorization Standard Agreement for Professional Services C01239 Revision Dale: August 18, 2025 Page 2 of 9 NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F 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 City of Fort Worth, Texas Permit Renewal for Mary's Creek Wastewater Treatment Facility and 210 Authorization Slandard Agreement for Professional Services C01239 Revision Date: August W, 2025 Page 3 of 9 (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 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 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). Article XIII 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 City of Fort Worth, Texas Permit Renewal for Marys Creek Wastewater Treatment Facility and 210 Authorization Standard Agreement for Professional Services C01239 Revision Dale: August 18, 2025 Page 4 of 9 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 XIV 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 XV 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 XVI 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 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 XVII Notices City of Fort Worth, Texas Permit Renewal for Marys Creek Wastewater Treatment Facility and 210 Authorization Standard Agreement for Professional Services C01239 Revision Date: August 18, 2025 Page 5 of 9 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: Stacy Walters Water Department 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: Plummer Associates, Inc. Attn: Ashley Lewis 8911 N Capital of TX Hwy Building 1 — Ste 1350 Austin, Texas 78759 All other notices may be provided as described above or via electronic means. Article XVIII 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 Permit Renewal for Marys Creek Wastewater Treatment facility and 210 Authorization Standard Agreement for Professional Services C01239 Revision Date: August 18, 2025 Page 6 of 9 Article XIX 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 XX 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 XXI 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 XXI City of Fort Worth, Texas Permit Renewal for Mary's Creek Wastewater Treatment Facility and 210 Authorization Standard Agreement for Professional Services C01239 Revision Dale: August 18, 2025 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 apart of Agreement: Attachment A - Scope of Services Attachment B — Compensation Duly executed by each parry's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager 12/04/2025 ATTEST: &OiPN� MO. Jannefte Goodall "p�1'° .11 Mp4ogas�6� City Secretary APPROVAL RECOMMENDED: C6u�yEad�tQv H "d&r By: M„�m�,n,,,..... m Chris Harder Director, Water BY: CONSULTANT PlummerAssociates, Inc. Ashley Lewis Water Quality/Permitting Team Lead Date: November 10, 2025 QW01 FW MM, Tens Pamil fle al for MwysCTeek Waslewala TsealmeM FadlilVa nd 210 Au1M1al2allon SWnNM ApMemmlla P,okssia lSeMces W12N ReWsim DaW hi; s(18.2MS Pape p of OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY By: won..5 i.wiww x,zozs lss n.a r Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: NSA M&C Date: NSA 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. Karla Marquez Grants Specialist QV W Nit NW1,, Texas Pcrtit Renewal la MaryR Cie Wastewater Treatment FacilLLy an 210 Aulbinn Mbn SlatlatlAgreanenllor HONssimal Services C01239 RenYm Neer Au9uY 18. M25 Page 9 d9 Yz PLUMMER Wednesday, November 5, 2025 li:iE:SUkIIB7gUY.R'. Ms. Stacy Walters City of Fort Worth TRANSMITTED VIA EMAIL (NO HARD COPY WILL FOLLOW): Stacy.Wakers@fortworthtexw.gov RE: Consulting Services Associated with the Application for Permit Renewal for Mary's Creek Wastewater Treatment Facility and 210 Authorization Dear Ms. Walters, On behalf of Plummer Associates, Inc., we are pleased to provide the City of Fort Worth with this Scope of Services and budget for assisting with services associated with the renewal of Mary's Creek Water Reclamation Facility Permit (WQ0015668001) and preparing a 210 Authorization for domestic reuse. This proposal includes our Scope of Services (Attachment A), which identifies Basic Services and Additional Services, as well as a project budget (Attachment B) for our Basic Services. Attachment A includes information on our proposed scope and schedule. Attachment B includes information on our proposed cost estimate of Basic Services. We are proposing the Basic Services be provided on a time and materials basis for an amount not to exceed Fifty Thousand Dollars ($50,000). As your consultant, our team provides wastewater permitting expertise and long-standing relationships with the City. We believe that our understanding of the Mary's Creek Water Reclamation Facility combined with our extensive permitting experience can provide you with the client service and technical excellence required to maintain your wastewater permit. We appreciate the opportunity to serve the City of Fort Worth on this project. Please feel free to reach out to me at 512-687-2154 or alewis@plummer.com with any questions. Sincerely, PLUMMER ASSOCIATES, INC. TBPPEE Firm Vmm Reeegi^sttration No. 13 e/-U te. Ashley Lewis Water Quality/Permitting Team Leader 8911 Ncapilalol Ix "W No l -Me 13'U AmIKTeu09759 move 513as2 5905 plufflmw'Coffi TBPf flrmNo 13 ATTACHMENT A CITY OF FORT WORTH MARY'S CREEK WATER RECLAMATION FACILITY APPLICATION FOR PERMIT RENEWAL SCOPE OF WORK The City of Fort Worth (CLIENT) has requested Plummer Associates, Inc., (CONSULTANT) to assist with a Texas Pollutant Discharge Elimination System (TPDES) permit renewal for the Mary's Creek Water Reclamation Facility (WRF) Permit [Permit No. WQ0015668001). The existing TPDES permit expires on August 12, 2027. In accordance with requirements of the Texas Commission on Environmental Quality (TCEQ), the application for renewal of the permit must be submitted a minimum of 180 days prior to its expiration date. Therefore, the permit application must be submitted to TCEQ prior to February 13, 2027. In addition to the TPDES permit renewal, the CLIENT has requested that the CONSULTANT assist with submitting an application to obtain coverage under 30 TAC Chapter 210 reuse authorization (210 Authorization) for Mary's Creek WRF. The 210 Authorization allows for the beneficial reuse of treated domestic wastewater effluent. Included in this Scope of Work are descriptions of BASIC SERVICES and ADDITIONAL SERVICES. BASIC SERVICES are those services known to be required for the renewal of a TPDES permit. A specific scope and budget for BASIC SERVICES is provided. BASIC SERVICES include preparing the application for a renewal of the TPDES permit, a new 210 Authorization application, and assistance during TCEQ processing, ADDITIONAL SERVICES are those services that are not typically required during a renewal of the TPDES permit but can sometimes be necessary. CONSULTANT will not conduct ADDITIONAL SERVICES unless requested by CLIENT. BASIC SERVICES The BASIC SERVICES proposed for this Scope of Work assume that a permit renewal without changes is desired by CLIENT. BASIC SERVICES consist of three tasks. Pursuant to these tasks, CONSULTANT will assist CLIENT with the preparation and processing of a TPDES permit application. CONSULTANT will also assist CLIENT with the review of draft TPDES permits. The BASIC SERVICES tasks are as follows: Task I — Prepare Permit Renewal Application CONSULTANT will prepare application to renew the TPDES permit for Mary's Creek WRF. Application forms will be completed and appropriate attachments to the application forms will be prepared. Copies of the draft application will be provided to CLIENT for review. Copies of the final application will be prepared for submittal to TCEQ. A-1 hllps://apalenv.sharepoint.com/sitesfWQPermitling_Team/Shared Documents/General/Proposals and Scopes/0318-103 0.3083 Mary's Creek Permit Renewal/Maty's Creek Permit Renewal Scope of Services rev3.doca A. Gather Appropriate Information CONSULTANT will review the information available from the previous permit application. CONSULTANT will provide CLIENT with a list of additional information needs and the appropriate format for presenting additional information. B. Prepare Permit Application Documents CONSULTANT will complete the application forms, assemble the necessary worksheets, and prepare appropriate attachments. Application information will consist of description of the proposed facility, listing of the major treatment units with dimensions of each unit, process flow diagram(s), facility site plan, and location maps(s). CONSULTANT will provide draft copies of the permit application documents for CLIENT review. Comments from CLIENT will be appropriately incorporated into the application. CONSULTANT's BASIC SERVICES assume that the application will be finalized within two rounds of review. CONSULTANT will coordinate with the CLIENT to obtain signatures. CONSULTANT will coordinate with the CLIENT to resolve comments and provide a final PDF of the application. A total of two copies of the final application document will be prepared for the permit: one copy will be submitted to TCEQ and one copy is for publicdisplay. CONSULTANT will submit the permit application as an electronic copy via TCEQ's file transfer protocol (FTP) site and the hardcopy to TCEQ. An application fee will be due to TCEQ at the time the application is submitted. The application fee is the responsibility of CLIENT. C. Respond to TCEQ During Administrative Review Process CONSULTANT will assist CLIENT with responding to TCEQ requests for additional information during the administrative review until TCEQ declares the application administratively complete. CONSULTANT will provide a hard copy of the permit application to CLIENT for the public viewing location. CLIENT is responsible for placing a copy of the permit application in the location for public viewing identified in the permit application. D. Publication of Notice of Application A public notice of the administratively complete application will be required by TCEQ. Bilingual notification requirements may require additional publication in a language other than English. The determination of whether the alternative language publication is required for the permit renewal will be made during preparation of the permit application documents. CONSULTANT will assist with identifying and coordinating with the newspaper and preparing the public notice in English and another language, if required. CONSULTANT will assist the CLIENT with obtaining required proof of publication and providing TCEQ with the necessary documentation. The cost of publication, payable to the newspapers, will be the responsibility of CLIENT. A-2 httpsJ/.palenv.lharepoint.con,/siles/WQPermltting_Team/Shared Documents/General/Proposals and Scopes/0318-103.0.3083 MaNs Creek Permit Renewal/Matys Creek Petmlt Renewal Scope of Services rev3.docK Task II — Assist Durine Permit Aoalication Processin¢ and Review Until Permit Issuance Pursuant to this task, CONSULTANT will provide services related to technical and regulatory review of the draft TPDES permit prepared by TCEQ. Services include the following: A. Assist with Responding to Review Comments CONSULTANT will assist CLIENT with responding to TCEQ requests for additional information during the technical review of the permit application. TCEQ may conduct a pre -technical review during the administrative review, during which CONSULTANT will also assist with responses. CONSULTANT will assist the CLIENT with tracking the application through the permitting process. TCEQ may request minor changes to the application during the technical review process. CONSULTANT will provide the CLIENT with necessary changes to the application so the CLIENT can submit them to TCEQ and update the public viewing copy. CLIENT initiated changes to the application after permit application submittal will be considered an ADDITIONAL SERVICE. B. Review and Comment on Draft TPDES Permit CONSULTANT will review the initial draft permit and assist CLIENT with a written response, including requests for changes to the permit. CONSULTANT will review TCEQ's revised draft permit for consistency with any requested changes. CONSULTANT may also communicate via telephone with TCEQ permitting staff during this process. For purposes of this scope, it is assumed that two (2) rounds of review of the revised draft of the permit will be acceptable to the CLIENT and further rounds of draft permit review will not be necessary. Review and comment on additional drafts of the permit will be considered ADDITIONAL SERVICES. C. Publication of Notice Preliminary Decision A public notice of TCEQ's decision to renew the permit will be required by TCEQ. Bilingual notification requirements may require additional publication in a language other than English. CONSULTANT will assist with identifying and coordinating with the newspaper and preparing the public notice in English and another language, if required. CONSULTANT will assist the CLIENT with obtaining required proof of publication and providing TCEQ with the necessary documentation. The cost of publication, payable to the newspapers, will be the responsibility of CLIENT. D. Review Final TPDES Permit CONSULTANT will review the final issued permit to verify that the permit reflects the conditions that CLIENT accepted during the draft permit process. CONSULTANT will contact TCEQ to make necessary corrections, if necessary. A-3 htlps://apileny.shar:pointcom/sites/WQPeim[tting Team/Shared Documents/General/Pwpofals and Scopes/0318103.OdD83 Mary's Creek Permit Renewal/Mary's Creek Permit Renewal Scope of Services re3.docx Task III — Obtain 210 Authorization This task includes the preparation and submittal of an application to obtain 210 Authorization for reuse of domestic reclaimed water from the Mary's Creek WRF. The work will include compiling documentation, such as treatment plant information, distribution and storage details, proposed reclaimed water users, maps, and supporting attachments for the application. CONSULTANT will provide draft copies of the 210 authorization application documents for CLIENT review. Comments from CLIENT will be appropriately incorporated into the application. CONSULTANT's BASIC SERVICES assumes that the application will be finalized within two rounds of review. CONSULTANT will coordinate with the CLIENT to resolve comments and provide a final PDF of the application. One copy of the final application document will be submitted to TCEQ. CONSULTANT will coordinate with the CLIENT to obtain application signatures. CONSULTANT will submit the application as an electronic copy via TCEQ's file transfer protocol (FTP) site and the hardcopy to TCEQ. CONSULTANT will assist CLIENT in responding to TCEQ requests for additional information during the review of the application. CONSULTANT will review the initial draft 210 Authorization and assist CLIENT with a response, including requests for changes to the 210 Authorization. CONSULTANT will review TCEQ's revised draft 210 Authorization for consistency with any requested changes. CONSULTANT may also communicate via telephone with TCEQ permitting staff during this process. For purposes of this scope, it is assumed that two (2) rounds of review of the revised draft of the 210 Authorization will be acceptable to the CLIENT and further rounds of draft permit review will not be necessary. Review and comment on additional drafts of the permit will be considered ADDITIONAL SERVICES. ADDITIONAL SERVICES ADDITIONAL SERVICES are tasks not currently a part of the BASIC SERVICES for this project, but which CLIENT may request as ADDITIONAL SERVICES. Following are examples of activities that might be performed as ADDITIONAL SERVICES: • Prepare for and attend additional meetings to discuss the project, beyond that provided for in BASIC SERVICES. • Prepare application forms and documents required for application requesting changes or amendments to the TPDES permits. • Prepare detailed review of new or more stringent permit limits or conditions, such as dissolved salts permit limits, or lower limits for conventional pollutants. • Review of TCEQ water quality discharge model. • Conduct field reconnaissance to collect data or information not provided by CLIENT. • Prepare to serve or serve as an expert witness on behalf of CLIENT. A-4 htips://apalenv.sharepolnt.com/sites/WQPermittin&_Team/Shared Documents/General/Proposals and Scopes/0318-103 0.3083 Marys Creek Permit Renewal/Mary's Creek Permit Renewal Scope of Semkes_rev3.docz • Provide technical or procedural support if proposed permit is protested, a public meeting is requested, a contested case hearing is requested, or public comment(s) are received. CONSULTANT will perform ADDITIONAL SERVICES only as authorized to do so by CLIENT. SCHEDULE The project schedule for development of the TPDES application is driven primarily by the permit application due date, which is February 13, 2027. The project schedule for development of the 210 Authorization application will also be driven by the TPDES permit application submittal. Based on these requirements, the following anticipated application (TPDES and 210 Authorization) schedule is provided: Milestone Target Date Project Kick-off 8/17/2026 Request for Information to CLIENT 9/14/2026 CLIENT response to RFI 10/26/2026 Draft applications to CLIENT 12/7/2026 Final Applications Complete 1/18/2027 Submittal of Applications to TCEQ 2/13/2027 Once the TPDES application is submitted to TCEQ, the schedule is driven by TCDXs own internal target for completing a permit renewal process. TCEQ's schedule for a renewal is generally around 16 months but depends on the agency's available resources for processing. CONSULTANT will provide additional information on the processing schedule as it becomes available. Similarly for the 210 Authorization, the schedule depends on the TCEQs available resource for processing the application. A 210 Authorization typically takes approximately 2 months for processing. CONSULTANT will provide additional information on the processing schedule as it becomes available. A-5 https://apalenv.lhar:point.com/slies/VdQPermitting_Team/Shared Documents/GeneraVProposals and Scopes/0318-103 0.3083 Mary's Creek Permit Renewal/Mary's Creek Permit Renewal Scope of Services re3.doa ATTACHMENT B COMPENSATION 1. Basic Services of CONSULTANT CLIENT shall pay CONSULTANT for Basic Services of CONSULTANT rendered for "Scope of Services" as provided in this agreement. Compensation for BASIC SERVICES shall be paid on a time and materials basis not to exceed $50,000.00. CONSULTANT will provide approximately monthly invoices with the amount spent at the close of the month prior. The budget for BASIC SERVICES does not include the application fee, laboratory costs, and public notice publication costs, CLIENT will pay application fees, laboratory costs, and public notice costs. Project Budget Task I —Application Production Through First Notice $ 23,000.00 Task II —Assist During Permit Application Processing and Review Until Permit Issuance $ 10,000.00 Task III —Assistance with 210 Authorization $ 15,000.00 Project Management 2,000.00 Total for Basic Services � 504000.00 Cost reimbursable compensation is based on Consultant's hourly labor rates as shown in the Hourly Fee Schedule for Professional Services in Attachment B. Additional Services will be conducted only as authorized by the Client. Compensation for Additional Services will be determined if the Additional Services are needed or desired by the Client. B-1 hllps papaienv.sharepoint con/sites/MPermill,ng_TeamlShared DocumenlslGenerallProposals and ScopeM318-103-0-3083 Mary's Creek Permit Renewal/Mary's Creek Permit Renewal Scope of SeMces_rev3.docx ATTACHMENT B t AE PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE PLUMMER 2025 Principal 345.00 Subject Matter Expert 325.00 Senior Project Manager 325.00 Principal Construction Manager 300.00 Senior Project Manager Engineer Scientist 265.00 Senior Construction Manager 250.00 Geospatial Manager 250.00 Project Manager Engineer Scientist 225.00 Senior Staff Professional 220.00 Project Engineer Scientist 190.00 CAD Manager 185.00 Project Construction Manager 180.00 Senior Geospatial 175.00 Senior Resident Project Representative 170.00 Senior CAD 165.00 Staff Construction Manager 150.00 Staff Engineer Scientist 150.00 Staff Professional 140.00 Staff CAD 130.00 Senior Admin 120.00 Staff Geospatial 110.00 Staff Admin 105.00 Intern Engineer Scientist 85.00 • Billing rates may be adjusted by up to 5 percent annually (at the beginning of each calendar year) during the term of this agreement. • A multiplier of 1.15 will be applied to all direct expenses. • Fleet Vehicles charge at $1,500 per month, $150 per day. • A technology charge will be billed at $5 per labor hour. FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Plummer Associates, Inc. Subject of the Agreement: Consulting Services Associated with the Application for Permit Renewal for Mary's Creek Wastewater Treatment Facility and 210 Authorization M&C Approved by the Council? * Yes ❑ No B If so, the M&C must be attached to the cono'act. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original conli-acl number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ if unsin•e, see back page for permanenl contract listing. Is this entire contract Confidential? I Yes ❑ No 8 If only specific information is Confidenlial, please list what informalion is Confidential and the page it is localed. Effective Date: January 1, 2026 If different from the approval date. Expiration Date February 28, 2027 If applicable. Is a 1295 Form required? * Yes ❑ No ig *ff so, please enstwe ii is altached to the approving MdcC or attached to the cono-aci. Project Number: If applicable. C01239 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicales the informalion is required and if the informalion is not provided, the cono-acl will be reou,ned to the deparoneni.