HomeMy WebLinkAboutContract 45431 C;TY SECRETARYww
C CT I'0 a
CITY of FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "'CITY"), and Alan Plummer Associates, Inc, authorized to do business in T cas, an
independent contractor ("Consultant"), for a PROJECT geni=.,irally described as Eagle
Mountain Water Treatment plant Membrane Pilot Study.
Article I
Scope of Serv*ices
(1) Consultant hereby agrees to perform as an independent contractor the aer ,ices set
forth in the Scope of Ser Boas attached hereto as Attachment "A" These services
shall be performed in connection with Eagle Mountain Water Treatment Plant
Membrane pilot Study.
(2) Additional services, if and", gill be requested in writing by the City. City shall not pay
for any work performed by Consultant or its suboonsultants, subcontractors and/or
suppliers that has, not been ordered in rlritinq. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
rtilicle II
CompensatiOn
Consultant shall be compensated in accordance with the Fee Sc edule shown in
Attachment "B", Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid b ► the City shall not exceed a total of $211,145 unless the City
and the Consultant mutually agree upon a fee amount for additional services and amend
this Aqr lemeint accordingly.
The Consultant shall provide monthly in olces to the City. Payment for services rendered
shall be due within thirty Sol days of the uncontested performance of the particular
services so ordered and receipt by City, of Consultant's invoice foir payment of same.
Acceptance by, Consultant of said payment, shall operate as and shall release the City from
all claims or liabilities uinder this Agreement for anything related to, done, or f' irnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City oaf Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release late:1128/201
Page 1 of
RECEIVED
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term as
provided in Attachment D, beginning upon the date of its execution, or until the completion of
the subject matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have, exclusive control of and the
exclusive right to control the details of' its work to be performed hereunder and 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
sh lli not apply as between City and Consultant, its officers,, agents, employees, contractors,
and subcontractors, and nothing herein shall be, construed as creating a partnership or joint.
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects wlith all applicable; liocal,:
state and federal laws and with all applicable rules and regulations pro mulgat�ed by
the local, state and national boards, bureaus and agencies. Approval by the City
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 services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harml ess, and defend the City against
liability for any ftm age caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement,, or failure to; pay a
subcontractor or supplier committed by the Consultant or Consultant's agent,
consultant under contract, or another entity over which the Consultant's
exercises control.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date*1/28/2013
Page 2 of 8
Article VI
InSurance
(1) Consultant shall not commence work uinder this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance,, nor,
shall Consultant allow any subcontractor to commence work on its subcontract until
all sin-filar insurance of'the subicon�tra�ctor has been so obtained and approva,l given
by the City; provided, however, Consultant may elect to add any subiconsultant as
an additional insured under its liability policies.
Commercial General Liiabil�ity
$1' 000,000 each occurrence
1
$1,000,000 agogregate,
Automobile Lia,blilil�ty
$11 0010,000 each accident or reasonably equivalent limits of
coverage, if written on a spl'it limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory l�imits
Coverage B: $100,0001 each accident
$500i,000 disease - policy limit,
$100,000 disease - each employee
(2) Additional Insurance Requirements
a., Except for emplolyer's liability insurance coverage under Consultant's's, worker"s,
compensation insurance pollicy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Fort Worth Water Department,
Attention: Frank Crumb, P.O. Box 870, Fort Worth, TX 761011, prior to
commencement of work.
c. Any failure on part" of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation,I non-renewal, and/or material change, in policy terms, or
coverage. A ten days, notice shall be acceptable in the event of non-payment of
premium,.
e. Insurers must be authorized to do business in the State of' Texas and have a
current A.M. Best rating of A. VII or equivalent measure of -financial strength and
solvency'.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PIVIO Official Releaise Date:1/28�/'2013
Page 3 of 8
f. Other than: worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through, insurance
pools or risk retention groups. The City imust approve in writing any alternative
coverage.
g. Workers" compensation insurance policy(s) covering employees employed on, the
Project, shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insuirance policies shall each be endorsed to provide, that such
i
insurance is primary protection and any self-funded or commercial coverage
miainlita,ined by City shall not be called upon to contribute: to loss recovery.
J. In the course of the Agreement,, Consultant shall report,, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could, result iiin a property loss.
k. Consultant's, liability shall not be limited, to the specified amounts of insurance
required herein.
1. Upon the request of City, Consultant shall provide, complete copies of all
insurance policies required by these Agreement documents.
Article V11
Transfer or AssIg,n1men:t
City and Consultant each bind the msell�ves, and their lawful successors, and assigns,1 to this
Agreement. Consultant, its lawful successors and ass,ii gns, shall not assign, sublet or transfer
any Interest in this Agreement without prior written consent of the City*
Article V1111
Term"I nat'lion of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice,.
Either the City or the, Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no, fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and.
diligently complete the correction thereafter
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:1/28/2013
Page 4 of 8
(2) If City chooses to terminate this Agreement under Article 8,, upon receipt of notice of'
termination, Cons,ultant shall discontinue services rendered up! to the date of such
termination and City shall compensate Consultant based upon callcu�latil s in Article
2 oft is Agreement and Exhibit "'B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City,1 its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time, such services are completed, or upon termination or expiratilon of this
Agreement.
Article I X
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of'three (3) years after fi nal
payment under this Agreement, have access to and the right to examine, any directly
pertinent books, documents, papers and records of Consultant involving transactions
rel�ati to this Agreement. Consultant agrees that the 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 subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to a nd the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to, the subcontract, and
further, that City shall have access during normal working hours, to all sub-
consultant facilities,, and shall be provided adequate and appropriate work space in
order to conduct audits in conwipliance with the, provisions, of this article. City shall
give Consultant and any sub consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree, to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the, Texas Mministrative Code in effect as of the time copying
is performed.
City of Fort Worth,Texas
Standard Agreement for Professional Services
P Official,Release Date:1/28/2013
Page 5 of 8
Article X
Minority nority Business and all Business Enterprise (MBE)(SM) Partle6pabon
In accordance with the City's Business Diversity Enterprise O�rdi nanice No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts. Consultant acknowledges, the MBE and SBE
goals established for this Agreement and its accepted written commitment to, MBE and SBE
participation. Any misrepresentation of facts (other than a negligent, misrepresentation)
and/or the commission of fraud by the 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 X1
Observe and Comply
Consultant shall at all times observe and oomph y with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
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 ands hloild 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.
Article X11
Venue and Jurisdicti"on
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venl uie 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. This Agreement, shall be construed: in accordance with the laws of
the State of Texas.
Article Xill
Contract Construction
The, Parties acknowledge that each party and,1 if it so chooses, its counsel have reviewed
and revised) this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation) of'thin Agreement or any amendments or exhibits hereto.
City of Fort,Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:1/28,/2013
Page 6 of 8
Article XIV
Severabl"I 1"'ELY
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction, to be:
invalid li or unconstitutional for a�nly reason, the, remainder,of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be cons-trued as if such invalid or unconstitutional portion had never been
contained therein.
Artolcle XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded 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 Fort Worth,Water Department
P.O. Box 870
For Worth, Texas 76,101
Consultant".
Alan Plummer Associates, Inc.
Attn: David A. Gudal, PE
1320 South University Dr., Suite 300
Fort Worth, TX 76107
Article XV1
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 this Agreement
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:112 /21013
Page 7 of 8
Article XVII
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.
Executed and effective this the /fit day offila44204(
BY:
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date:_aA 7,/4
APPROVAL RECOMMENDED:
By:
Frank Crumb
Director, Water
BY:
ENGINEER
Alan Plummer Associates, Inc
David A. Gala
Principal
Date: 3
APPROVED AS TO FORM AND LEGALITY MC No.: C - 166 f/
B
Assistant City Attorney
ATTEST:
174/
Mari/ J J. Kay%er
City Secret*
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 1/28/2013
Page 8 of 8
M&C Date:
ATTACHMENT A
ENGINEERING SERVICES FOR
EAGLE MOUNTAIN WATER TREATMENTPLANTMEMBRANE PILOT STUDY
CITY PROJECT NO.:C-26691
ATTACHMENT A
Scgple for EngineeLng, Design belated Services for'''ater and r Sanita Serer
Improvements
EAGLE M WATER PLANT- MEMBRANE PILOT STUDY
CITY PROJECT NO.., C
The scope set forth herein defines the work to be performed by the ENGINEER in
cc' pleting, the project. Both the CITE" and ENGINEER have attempted to clearly define the
work to be performed and address l the needs of the Project.
The project generally described as "Eagle Mountain Water Plant— Membrane Pilot Situdy
will include the following work items:
Assumptions
1. Thy pilot test equipment will be located in the filter,gallery instead of the originally
proposed site.
2. City is responsible for procuring/leasing up to four pilot units. Costs for rental and
setup of the pilot units, costs for external analytical work associated with pilot testing,
and incidental pilot testing costs including temporary piping, electrical work,
chemicals, enclosures, and forklift rental,1 shell be the responsibility of CITE". City will
offload pilot units upon shrivel at the Eagle Mountain Water Treatment Plant.
3. CITY will provide manpower to perform water quality sampling and routine la
testing,, ureter samples to outside laboratories es needed, assist in monitoring
n
the pilot units, assist with pilot unit troubleshooting, and provide pilot unit operations
assistance.
WORK TO BE PERFORMED
Task 1. Project Meetings
Task 2. Water Quallity Analysis
sis
Task 3. pilot Feed Water Alternative Analysis
Task 4. pilot Study
Task 5. Project Management and Quality Control
TASK 1. PROJECT MEETINGS.
1.1. Kickoff Meeting
Attend i a kickoff meeting with CITY to discuss pilot study goals,, project approach,
project schedule, and rebated issues. Prepare meeting minutes.
1.2. Pilot Study Development ment sweating
City of Fort Worth,Texas
Attachment A
PIVIO Release Date,07.23,2012
Page 1 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EAGLE MOUNTAIN wATERTREATMENT PLANT MEMBRANE,PILOT STUDY
CITY PROJECT NO.:C•26691
Participate in one pilot study development meeting prior to preparation of the pilot
study protocol. The meeting will identify the schedule ouitline, the test regimes to be
inic,luld�ed and durations, the data collection needs, establish the operating procedures
to be followed during the pilot study, outline the, data collection forms to be used,, and
establish the quality control procedures to be included in the protocol.
1.31. TCE'Q Protocol Meeting
Meet with the TCEQ, and CITY in Austin, Texas and present the pilot study protocol
and proposed approach for the pilot testing. Prepare meeting minutes. Incorporate
comments from TCEQ and CITY into the pilot study protocol.
1.4. Statement of Qualifications Review Conference Call
Participate in a conference call with CITY to make the selection of membrane
manufacturers to pilot test such that up to four pressure type membrane
manufacturers are represented.
1.5. Pilot Report Review Meetings
Participate in two meetings with CITY to discuss comments, on the plil�ot study
reports. Prepare meeting minutes.
TASK 2. WATER QUALITY ANALYSIS.
2.1 Summarize > O years of Eagle Mountain Lake raw water, settled waiteir, and -filtered
water quality data inc,ludiing pH,, temperature,, alkalinity, algae count, total organic
carbon, total dissolved solids, total suspended solids; total hardiness, iron, and
manganese concentrations.
2.2 Compare Eagle Mountain Lake raw water quality data with comparable years of
I
Benbrook Lake, Cedar Creek Lake; and Richland-Chambers Lake raw water quality
data to identify similarities and differences.
2.3 Compare Eagle Mountain Water Treatment Plant (EMWTP), two years of filtered
water quality!data w�ith the feed water (raw!and settled water), quality recorded during
a pilot study conducted for the Cities of Fort Worth, Midlothian, Mansfield, and
Waxahachie between February 2006 andi January 20,0 7.
2.4 Compare EMWTPI raw, settled, and biologically active filter(BAF) effluent water
qualities with Wests,iid�e WTP raw, settled and BAF eff luent.water qualities.
2.5 Compare the chemiI cal consumption, energy use, and approved operating flux for the
all Corporation pilot study mentioned in Item,4 with the chemical consumption,
energy use, and operating flux at the Westsilde WTP since plant startup. Evaluate
and suimmiarizle the specific flux at the Wes,tside WTP-
2.6 Summarize the results from Items 2.1 —2.6 in a memorandum. Document the
similarities and submit to the Texas Commission, on Environmental Quality (TCEQ)
to seek approval to waive the pilot test requirement for Pall Corporation. Conlis,ider
the comparability of the previously testedi pilot study results and West's,ide WTP
membrane performance based on pretreatment processes,with those to be
evaluated at E,M�WTP.
City of Fort Worth,Texas
Attachment A
PIVIO Release Date:07.,23.2012
Page 2,of 5
ATTACHMENT A
DESIGN SERVICES FOR
EAGLE M�OUNITAIN WATER TREATMENT PLANT MEMBRANE PILOT STUDY
CITY PROJECTNO.:C-26691
TASK 3,., PILOTFEED WATER ALTERNATIVE ANALYSIS.
3.1 Perform one membrane autopsy of a We'stsid�e VVTP membrane element to assess
the condition of the membrane and identify the foulanits.
3.2 Evaluate,the advantages and disadvantages of utilizing settled water and BAF
effluent as plilot feed water sources. Consider the results of Westside WTP
membrane autopsies (from this project and previous autopsies) and wet tests.
3.3 Investigate options for concurrently assessing membrane performance on both
settled water and BAF effluent using parallel plil�ot feeds. Assess membrane
manufacturer's capability to accommodate multiple feed locations.
3.4 Assess space requirements available and needed, including, tanks, skids, cleaning
components,: etc.
TASK 4. PILOT STUDY.
4.1 Issue a Request for Statement of Qualifications (SO,Q) to multiple membrane
manufacturers requesting a summary of qualifications, U.S. installation lists, and pilot
study budgets. Review the SOQs submitted by the responsive ma,nu�facturers.
Participate in a conference, call with CITY to, make the selection of membrane
manu�factuirers to pilot test such that up to four pressure type membrane
manufacturers are represented.
4.2 Develop, a pilot study protocol outl'ining the pilot study objectives, membrane
manufacturers, schedule,, sample and test requirements, water quality sample,
locations, and data to be collected., The, anticipated length of the pilot study is 9
months. Protocol will reflect,testing for summer and winter conditions using settled
and filtered effluent and Lip to two coagulants for pretreatment. Protocol will include
one membrane autopsy per manufacturer to assess the condition of each membrane
and identify the foulants.
4.3 Assist CITY with the development of a pilot lease agreement to be included in the
Request for Statement of Qualification to the membrane suppliers. The agreement
will address the insurance requirements and other legalities, associated with storage,
handling, off-loading, startup, commissioning, and services of the manufacturer
during the pilot as well as the decornmissioning, loading, and removal of the pilot
y
equipment at the completion of the pilot stud' .
4.4 Prepare a site layout plan for the membrane pilot systems and piping inclusive of
electrical and mechanical drawings.
4.5 Coordinate the pilot study s,chediu�le with the selected membrane manufacturers.
,Assist CITY in review of pilot rental agreements, for execution by CITY. Coordinate
delivery schedule of'the pilot units, in conjunction with CITE", such that the pilot study
may begin in a timely manner with the merribrane pilots operating concu�rrentlly.
4.6 Coordinate with membrane suppliers to implement a system that,enables, real time
remote monitoring, reporting) and su�mmiarizati'on of membrane pi lot data for use by
CITY and EN'GI'N'EER.
4.7 Summarize pilot study results, on a monthly blas,iis over as 9:-month timeframe,
Covering summer and, wi'nter temperatures. Review pilot study data weekly to verify
City of Fort Worth,Texas
Aftachment A
PMO Release Date-07,23.2012
Page 3 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EAGLE III TREATMENT PLANT MEMBRANE PILOT STUDY
CITY PROJECT NO.:C-266911
manufacturers are following the schedule detailed in the pilot study protocol and that
pilot units are operating, satisfactorily and as anticipated. Investigate any deviations
i
from anticipated' results.
4.8 Coordinate with CITY to provide sampling and, monitoring; of the pilot units over the
pilot test duration,,
4.9 Prepare, for approval by CITY, pilot study reports for each membrane manufacturer
I
consisting of a summary of water q'u!ality data, pilot process, data, and an evaluation
of the plilot study results. Furnish three printed copies and one PDF copy of the,draft
I
report to C,ITY for review five days prior to a review meeting.
4.1 Incorporate CITY comments into the, pilot study reports,and furnish three printed
copies and one PDF copy of each report to CITY. One printed copy and one RDF
copy of each report will be furnished to T'CEQ.
TASK 61., PROJECT MANAGEMENT AND QUALITY CONTROL.
51.1 Project Management and Reporting
Prepare invoices and submit monthly in the format reqluested by the CITY.
Prepare and submit monthly progress reports in the format provided by the Water
Department,.
Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as requ,ired in Attachmient D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
Complete Monthly M Report Form! and Final Summary Payment Report For at
the end of the project
With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements. are
appropriately reflected in the project.
o ASSUMPTIONS
0 110 MWBE reports will be prepared
0 10 monthly water department progress reports will be prepared
10 monthly project schedule updates will be prepared
D'ELIVERABLIES
• Monthly invoices
• Monthly progress reports
• Baseline design schedule
• Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
16 Monthly M/Wl3E Report For and Final Summary Payment Report Form
City of Fort Worth,'Texas
Attachment A
PMO lease Date:017.23,2012
Page 4 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EAGLE MOUNTAIN WATER TREATMENT PLANT MEMBRANE,PILOT STUDY
C,ITY PROJECT NO.:C-26691
ADDITIONAL SERVICES NOT INCLUDED IN THE BASIC SCOPE O'F'SERVICES
Additional* ,Services not included In the exl*S! cope; of Services — CITY and
ENGINEER agree that the following services are beyond the Scope ofServIces, described in
the tasks, above. However, ENGINEER can provide these services, if needed, upon the
CITY's written request. Any additional amounts, paid to the ENGINEER as a result of any
material change to the Scope; of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
Services related to development of the CITY's project financing and/or budget.
Services related to d�ispluites over pre-qualifilcation, bid protests, bid rejection and
re-bidd'ing, of the contract for construction.
Public, meetings
Performance of materials testing, or specialty testing services.
Services necessary due to the default of the Contractor.
Services related to damages caused by fire,1 flood, earth�quake or other acts of
God.
Services related to warranty claims,: enforcement and inspection after final
completion.
Services related to submitting for permits (ie.TxDOT,l railroad, etc...),
Services, related to Subsurface Utility Engineering Levels A, 1311 C, or D
Services to support, prepare, document, bring, defend, or assist in litigation
un�dertak,en, or defended by the CITY.
Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
City of Fort Garth,W Texas
Attach mient A
PMIO Release Date.-07.212012
Page 5 of 5
ATTACHMENT B
COMPENSATION
Design Services for
Eagle 'Molunitai�n Water Treatment Plant Membrane Pilot Study
City Project No. C-26691
Time and Materials with Rate,Schedule Project
1. Compensation
A. The ENGINEER shall be compensated for personnel time, non labor expenses,
and subcontract expenses, in performing, services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked d'irectly in performing the PROJECT multipilied by the appropriate
Labor Cate,gio[y Rate for the ENGINEER's team member performing the
work.
Labor Catego[y Rate, as presented in the rats schedule table below is the
rate, for each labor category performing the work and includes all direct
salaries, olverhead!, and prow it
Labor Category 2014 Rats 2
hour
-Admin Staff $ 72.00
Senior dmin Staf $ 102-00
Designer/Techni'cian $ 90.00
Senior De�si nierfT'echnicilan $ 115-00
En inner in-Trai�nin Scientist-in-Trainin $ 115.00
Project Engineer/Scientist 130-00
Senior Prq
ject Engineer/Spientist $ 145.00
Project Mann er $ 170.00
Senior Pr9ject Manager $218.00
Princli Sul $ 250.00
1. Flat billing,rates are based on"salary cost"times a multiplier of 2.3.
Salary cost is based on direct payroll costs,times 1.43 for a representative
employee in that labor category. Salary,cost includes direct payroll costs,
payroll taxes,vacation, holiday, sick leave, employee insurance, and other
fringe.
2. Flat billing rates shown,may be adjusted by up to 4 percent annually at
the beginning of each calendar year)during the to olf'this agreement, The
multipliers shown will not be adjusted
ii. Non-Labor Expenses. lion-labor expenses shall be reimbursed as Di... rect
Evenses at invoice or internal office cost.
direct Expenses (non-labor) include, but are not limited to, mileage, travel
and lodging expenses, mia�ill, supplies, printing and reproduction services,
other direct expenses associated with delivery of the work; plus applicable
sales; use, value added, business transfer, gross receipts, or other similar
taxes.
City of Fort Worth,Texas
Attachment B
PMiO Official Release Date:8.09.2012
Page I of 4
B-1
ATTACHiMENT B
COMPENSATION
iii. Subcontract E,x ►lens,es:. Subcontract expanses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets. ENGINEER will make reas,oinabile efforts to come plete the work
within the budget and will keep the City informed of pirolgress toward that end
so that the budget,or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as
may be adjusted, nor is, the City obligiatedto pay ENGINEER beyond these
limits.
If ENGINEER projects, in the course of providing the necessary services,
that the PROJECT cost, presented in Article 2 of this, Agreement will be
exceeded, whether by change in scope of the project, increased' costs or
other conditions, the ENGINEER shall immediately report such fact to the
City and, if so instructed by the City, shall suspend all work hereunder.
when any budget has been increased, ENGINE 's excess, costs
expended prior to such increase will be allowable to the same extent as if
such costs had been incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section 11 -
Method of'Payment.
If. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books, and records, of account of the
ENGINEER, biased, on the actual, hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the termis of
this Agreement by an officer,of the ENG,INEE .
C. ENGINEER shall prepare and Submit Invoices, in the format and including content
as presented in Exhlibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
Ill. Progress Reports
A. The ENGINEER shall, prepare and submit to the designated' representative of the
Water Department monthly progress reports and schedules in the format
required by the City.
City of Fort Worth,Texas
Attachment B
P,MO Official'Release Date,8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm, Primary Responsibility Fee Amount, %
Prl"me Consultant
Alan Plummer Prime Consultant $165,645
Associates, Inc.
Proposed MBE/SBE Sub�-Consiultants,
Gupta & Associates, Efectrical/Instrumentation, Data $10,500 5
Inc. collection & Analysis
Non�-MBE/SBE Consultants
Separation Processes QA/QC, Membrane autopsy, $20,0010 91.5
Inc., testing and pilot study special
assistance
CDM Smith,, Inc. QA/QC, Coord,iination, with Ex. $15,0100 x".11
WTP design and plerformance
TOTAL $211$145 100%
Project Number& Name of I Fee MBE/SBE Fee MBE/SBE
Eagle Mountain WT'P Membrane Pilot $2111145 $10,500 5%
,Study .,,.,,.,__
City MBE/SBE Goal =—5—% Consultant Committed Goal %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4 Bi-3
E GINEER INVOICE
(Supplement to Attachment,B)
Insert required invoice format following this page, including negotiated total, budget a,ndi
allocations of budgets across desired work types and work phases.
City of Fort Worth,,Texas
Attachment B
PMO Official Release Date:8,09,2012
Page 4 of 4 B-4
1320-S. nl"r it l rw Sup *1,320 S.University f r, uit 300;
FO ,.tth* X 761OZ167U FortWorth,TX701107.6704
Consultant Project No.
CFW Project Manager Prof.invoice Mica.
Invoice date:
Consultant's Project Manager: Alani FL Davit, &,PMP
Consultant's emy; Period From Date
To Date
Name of Prof MtgM Secretary Contract 'M
Pm..0,Numb r:
Labor gigWgoa o aall,i 6m t o
0 own
11 1240 $00
t'z ,DO
tt;00
N 0111
MORON
.�
t $000,
W
iiiiii,ii 00- R0 I 1i
$0 0C
.00
Total Laibior 0.0 $0.
Im
Com SOW ft"
I moiiioiooiioiol IBM 11
Subcontractor Subtotal $0,00
ri
i
10 Percent Markup oin Su' retract Services
Nonfabor Expense Subtotal $0001
T't wl Expert (Subcontract SrrrM + Markup+Nonlab r Expenses), $0.00
TOTAL MME THIS INVOICE $U10
City 1f Fod Worth Water Departmient
Eagle Mountain WTP Membrane Pilot Study.
Pilot Study
Projec-t No.I DRAFT
Level 2(Phase)No and Description prim tPat Sr.Prod 7Pr`,jE,,,-wo`70T E17 Technician Clerical QC Total,Labor Percent of
L*v#1 3(T*sk)No,end0rascrfptlon hws (hrs) (h,,,) Mrs) (taro) (tarp) (his) Oars)
Hours Fee($SS) Total Foe,
Pilot Study 55 237 0 236 45 l 116 21 21 1,01134 S 167,213 100.0%
II
A .4 30 0 23 33 6 0 11, 20.067 12.0%
t K**
3 5 4.6 4�5 10 18,0
---,---5� ��,--.1111,111-11,11-11 ---1-1111-.- ................... .........
'? Phi shoy ID#V#*W~t�Af 4,5 43 45 1 10,0 0 201 11%
3 **h 9 60-Avtocol
........ ............. 4.0 0 26V 5,334
$ 3,4%
SOO Roviow c0a.Cof 2b 2,0 40 40
..........---............. ...... ................. 12X S I OW 1.2%
5 P Ropod Re View 64) TO ............
9,0 2C 0 43A S C802 4,3%
---------- ........ .........
B 'Water Ouably Analysis 6 26 0 40 114 0 3 2 11011 $ 26,668 10.3%
0 Stmmsftro EAk Water 06 20 &0 160
.................... .................. ---- 24,5 $ 3�m 2v%
CU,a RCL 05 20 200
Llv ft.�
20,5 3 3,621 22%
3 re EAC 10 21006 PAb Rw so 20o w. 28 15
3,521 22%
4 Compete EML sr rP to Wosftdo. e,!oLd CD" 0 5 2 0 2V 20,
...... 65 1,030 0.7%
2,0 ko IZO 18,5 $ 2,389, 11%
6
7M1.WO Anst± IA 4,0 s o too 10
................... 30.0 $ 3,994 2.5%
7 7 E1 Ad c 20 ........
Oz 4�O 40 .0 ZO 2.0 32.5 4,373 21%
4,0 &0 22 o
0 TCEQ CoonAirtaftn 8V
wW. I3.636 23%
............
C Evaikude Pilot Feed Water Alternatives 3 10 0 12 32 0 1 0 58 7,841 11:1'6
I Evaluate AdvlDlvadv at SAF eftont l`Cooml spi) 0.5 ..20 4D 4 0 1
........ _10.5 S, 1,517
2 Evaiusto Porodol Food Aftmet"s 10 4.0 40 12.0
........................ 2,950 1 9%
3 TM-WO Food Akortre 1,0 4.0 40 18,0 1.0
.............. 26 0 S 3,474 212%
D Pilot Study 20 13 0 1611 3012 16 12 01 1 604 3 81,893, 62A%
9 P"rotocola2eveto rwaerat 2,0 8.0 20,0 32.0 1.0 63,0 3,420 5,4%
................
2,0 4o I'l) ISO 4,244
...... .......... 31�0 $ 2,716
.........
3 Rovlow SOO 20 4,0 810 6,0
22-0 $ 3 264 2.1%
4, Letters 1,0 201 *0 4 O
12.0 1,730 111%
2 ......
P%ibt 1. "A oaf-Aosilstonvo(4 MFRs) 4V 1&0 16,0
............. 52.0 $ 8,312
1.0 ISO IG 0 15,0
49,5 5.991 3.0%r 3.n
4 RkI Mn1dr Coord, 1natal 2~dr EIT 8,0 8-0 640
9,760 61%
15 P901 A* cord:- 36o 36k 72C 144,01 20.316 110%
...............
2.0 4,5 910 18.0 410 37�5 4,965
7 As�Tpia kkschaduie Ed bortffnllco�� 2.0 4,0 1010 16.0 110 39-0 s 5,284 14%
-11-1-1- _!ej!!L -__ ___11111-11- 1-1111-. -1-11-11-1--,--1- 11-11-111--.1111-11111-11....1111 -11-1--l-I.--.- .11111-111-111-1-...-.1-11 .---11
8 Pilot SE��epo,�fi�sffl( P
4 WR 4,0 4,0 160 32.O 2V0_
,0 58.0._„...
8.0 3 711116 4,8%
9 plot FkYs/Ropon I I RP'T-4 MFRS) to 40 19,0 zo 155 1,911 1.2%
PM A07MINISTRATIVE/00 TASK$ 0 0 a 0 0 19 w 3 211.754 131%
Us! con"") 18 ISO 4,750 3411A
2" 78.0 78,0 17,004, 1104%
Total Labor Hours 66 2..31 0 236 45I is 21 21 1,0156
Total Lobar Arnourd 167.213 10010%
Labot Rates per Hiout $254 1219 111" Sias $114 liss 1250
'Total Arnounts by Labor Category $ 13,624 51,567 ll $ 30,830 $ 62,429 1,824 $ I'm $ 5,260 tt 157,213
Labor Category Percent of T-otal Labor V% 32,0%_ 04% 19,1%., 31.3% 14% 1.2% 3,3% 100.0"16 onoomanow�--- mw x
TOJ&L=11SCS(Joe bTg§hdo9ffl blido.ed
Total Subconsullarils 60,060
Total ReArnbursobles 9 3,882
Total Expenses tt 63,932
GRAND rOTXL-Pilot Md l� 211,1451
SUBCONSULTANT EXPENSES REIMBURSABLE EXPENSE$
=115ubao.-Ilant Name Budget Markup Code Description awn!I.S.Si M.=- Fee(np
21010 Ru 11 DaIA) $ 10,500 1 10 $ 11,550 5102V Lab-or 1,00
.,pb E. ........... ..........-!!� -
5101,0 COM$rnith(010,Wo"do An s, 1V19 $ 15,000 1 1 16,500 5201,0 "E 500 S wo
..........
.2101,0 o aration Prooe"ws,Inc 009 BItiIc 20,W0 1,10 S 22 0700 S20&0 Telecom(S2A*bor Hr) $ 2,132 1 VID $ 2,132
$ 00
.................
5`101.0 1 15$......... 5202.0 Travel,Meals,LodqjN 250 1 00 S 250,
5101.0' $ 1 15, 5203,0 Reprodwilan $, 200 100 200
...........
5101V, $ 1,15 5204.01 Long Distance Telephone $ 1,00
1,115 5206,0 Shipploo,Delivery,Wst*8* $ 100 1.00 100
710-a.................. ............... ...........
............. ........... ....... .....................
510i,o 1 15$ 5207,0 Met Expentas 200 1,00$ 200
5131,0 1,15 52M 0 In-House Roproducton $ SOO 1.00 $ sw
................. ................... ....... .......... ....... ........
1-115 3 3 1,
1101-0 ........ .........
51010 115 $ $
............. ................ ...........
$ 1 15 3 S 1,15 S
5101,07 .......... ........... ...........
5101,0 15$ $ 15......$
F5101:0- $
OTAL SUSCONSULTANT EXPENSES $ 44,50 60A50 OTAL REIMBURSABLE EXPENSES j,.$ 3,812 1 3,882
M
IF:an,d*v Fliopossit,skF'vop,o"is_20li2"2012-225-OQ_Foii_Wodb Eeq1e_Moun1*i1q_WTP Merrbr*n*_4lo1_5IudyAPro0d M*n*qorn*ntNBudgafjC*pyoJ Pro)octSudl;vtWotiksho#t2Ol3Rovl.xlslPvoloct 1 08 1P13
ATTACHMENT SAC?$
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services,for
Eagle Mountain Water Treatment Plant Membrane Pilot Study
City Project No., C-26691
There are no changes and amendments to Standard Agreement.
City of Fort,Wirth,Texas
Attachment C
PLO Release Date,05.19.20101
Page I of I
Consulting Contract Schedule Specifica,tions irml
Gity of Fort Worth Capiltal Improvement Program FORT WORTH
Attachment D-ProJect Schedule
77iis LROLECT requires a Tier << >> schedule as defined herein and in the Q 's Schedule
Guidance Docume'nt,
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
ti f
ification, showing by Critical Path Method (C PM) the planned sequence and mmig 0.
sped 1
the Work associated with the Agreement. All submittals shall be submitted in PD F format,
and schedule files shall also be submitted in native file format (i.e. we formats: associated
w*th the scheduling software). The approved scheduling software systems for creating the
schedule files are.-
- Primavera (Version 6.1 or later or!approved by CITY)
- Primavera Contractor(Version 6.1 or later or approved by CITY)
- Microsoft Project('Version 2003/2007 or later or approved by CITY)(PHASING OIJT)
D2. BASELINE CONSULTING SERVICES SCHEDULE:, Following notice-to-proceed, the
CONSULTANT shall develop�, submit and review the draft detailed baseline consulting
services, schedule with the CITY to demonstrate the COC �SULTANT's unde,rstandm' g of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to hii preparing the baseline schedule, and as
described in further detail H'i the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS)� representing the
tasks,subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones,and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points,includig third party utility dependencies and reviewing agencies.
D3., PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule 'in accordance with D1
and D2 and the C TY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter, into the schedule and record actual progress, as described
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a cortclse schedule narrative that
highlights the followmig,if appropriate and applicable:
0 Changes in the critical path,
0 Expected schedule changes,
0 Potential delays,
0 Opportunities to expedite the schedule',
Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PMO Release Date: 2.15.2'011
Page 1 of 2
Other schedule-related issues that the CONSULTANT wishes to communicate to the
CITY.M
PERFORMANCE AND CONSULTING SERVICES SCHEDULE. If the work
accomplis � . falls bebind that scheduled clue to factors within the CONSUL A T's
control, the CONSULTANT shall tare such action as necessary to 'improve the *progress of
the Work. In addition, e CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECI l.-, :NSTRUCT'1 NS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier fcr, this ro ect is stated at the top
of this document.
CONSULTANT shall submit each schedule relymig on the CITY's current Schedule
Guidance Document.
D �. SCHEDULE SUBMITTAL AND PAYMENT-.
As stated in tt .A. 1 . of the Agreement, CONSULTANT shall provide the information
rewired by Attachment �. CONS LTANT"s monthly invoices will not be accepted and
processed for payment without monthly ly schedule updates that are submitted in the time
and manner required by Attachment D and the C ITY's current Schedule Guidance
Document.
City of Fort Wortfw,Texas
Attachment D
PMO Release Date:02.15.2011
P'ag'e 2 of 2
ATTACHMENT D
PRELIMINARY PROJECT SCHEDULE
Eagle Mountain Water Treatment Plant Membrane Pilot Study
PROJECTED ACTUAL
TASK DESCRIPTION
START FINISH DURATION START FINISH, DURATION
Evaluate Historical Data 30 days
Determine Pilot Testing Requirements
Identify Membrane Manufacturers for Pilot
Testing
Attend Kickoff Meeting with the CITY 1 day
Develop Pilot Study Protocol 3,0 days
Submit Pilot Study Proltocoll to the TCEQ 14 days,
Review Pilot Study Protocol with the TCEQ 1 day
Coordinate Installation Schedule and
Requirements with Membrane 90,days
Manufacturers
Prepare Site Layout Plan for Membrane
Pilot Systems
Prepare Electrical and Mechanical Drawings
for Membrane Pilot Systems
Prepare Remote Pilot Data Collection,
Monitoring, and Reporting System
Coordinate Pilot System Installation 14 days
Coordinate the Collection of Water Quality
and Process Data for the Membrane Pilot 200 days
Systems
Analyze Results and Perform, Membrane 90 days
Autopsies
Prepare Pilot Study Report 30 days
Meet with City to Receive Comments on 2 days
Pilot Study Repoft
D-1
F\projects\0 18\,054-011ProjectmgmtkContracts\(5,b)Attachment-D(Eagle Mountain-12-16-201 3).doc March 4A 2014
PROJECTED ACTUAL
TASK DESCRIPTION
START FINISH DURATION START FINISH DURATION
Prepare Final Pilot Study Report 7
D-2
FW\proyects 031 \054- 1\P je tM mt\C n its 5 t hment D(Eagle cunt in 12-116- 13).d 'c March 4,2014
M&C Review
Page I of 2,
O i lcial site of the City of Fort Worth,Texas
FoRiWORT11
CITY CUUNLIL AIAGENUA
I I 111 11 IN I I I,I I
COUNCIL ACTION.o Approved' on 3/4/201I4
DATE:1 3 0,14 REFERENCE **C-26691 LOG NAME: 60EAGLE MOUNTAIN WTP
NO.*-! MEMBRANESTUDY
CODE: C TYPE: COiNSE,NT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with Allan Plummer Associates,, Inc.,, in the Amount of
$211,145.00 for the Eagle Mountain Water Treatment Plant Membrane Pilot Study
(COUNCIL DISTRICT 7);
RECOMMENDATION,:
It is recommended that-the City Council authorize the execution an Agreement with Alan Plummer
Associates, Inc., in the amount of$211,1451.00 for the Eagle Mountain Water Treatment Plant
Membrane, Pilot Study.
DISCUSSION:
On February 5, 2013, (M C C-26089) the City Council authorized an Agreement for the update of the
Northside Pressure Plane Water System Master Plan. This plan recommends that the Eagle
Fountain Water Treatment Plant be expanded by 2019.
In 2012,1 the Water Department began operation of the Westside Water Treatment, Plant which utilizes
membrane filtration in the treatment process. Prior to design and construction of'the Westside Water
Treatment Plant, a membrane pilot study was, performied, in 2006 on Richland Chambers, Cedar
Creek, and Benbirook surface waters, as required by the Texas Commission on Environmental
Quallity (TCEQ)l, to evaluate membrane performance with regard to water treatment, fouling potential,
cleaning effectiveness and membrane fiber integrity.
With an Eagle Mounta,in, Water Plant expansion date of 20191, it is recommended to proceed with a
study that evaluates membrane treatment of Eagle, Moluintain L,ake surface water. As part of this
study, Alan Plummer Associates, Inc., will prepare the initial membrane pilot study protocol to submit
to TCEQ, provide oversight of the process to rent membrane pilot units, oversee,the membrane pilot
testing, and prepare a final, report to be submitted to TCEQ. Upon completion of the membrane pi,l,ot
study, the TC,EQ will review the pilot study report and approve a maximum permissible flow rate for
each membrane tested. The results of the pilot study will be utilized in preparation of membrane
procurement documents to support a future expansion of the Eagle Mountain Water Treatment Plant.
IVIIWBE Office-Alan Plummer Associates, Inc., is in compliance with the City's SBE Ordinance by
committing to five percent SBE participation,. The City's goal on this project is five percent.
The project is located in COUNCIL DISTRICT 7, Mapsco 32Y.
FISCAL INFORMATIONXERTIFICATION.
Funds were not specifically budgeted for this project in the Fiscal Year 2014 adopted budget,
however, the department, has identified current year savings to offset the full cost.
TO Fund/AccountICenters EROM Fund/Account/Centers
PE 45 531200 0605011 $2J1,145.00
Ott p,o,lHapps.cfwnet.org,/counc'I 1 3/5/'2014
1 _packet/mc—rev*iew.as,p.?ID=193991&counc*ldatle=3/4/2014
M&C Review Page 2 oft
Su mifted, for,C'I:!y Manager's Office by: Fernando Costa (6122)
Sri gimt,'in a ar r ant, Head: S. Frank Crumb: (82,07)
Additional Information Contact: Chris Harder(8293)
ATTACHMENTS
60EAGLE MOUNTAIN MAPpdf
http-,//apipis.cfwnet.,org`/counc'l iew.asp. 3/5/2014
1 _packet/mc—rev* '?ID=193 99&counc ildate=3/4/2014