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HomeMy WebLinkAboutContract 29575 CITY SECRETARY ��-:uTRACT NO. CONTRACT BETWEEN CITY OF FORT WORTH AND ALAN PLUMMER ASSOCIATES, INC PROJECT # DEM03-888:UL FOR URBAN LAKE PHYSIO-CHEMICAL RESEARCH AND CONSULTING SERVICES JANUARY 2004 STATE OF TEXAS § COUNTY OF TARRANT § CONTRACT FOR URBAN LANCE PHYSIO-CHEMICAL. RESEARCH AND CONSULTING SERVICES This Contract is entered into by and between the City of Fort Worth, a home-rule municipality located within Tarrant County, Texas, acting through Libby Watson, its duly authorized assistant C maInn er ("City"), and Alan Plummer Associat a Texas corporation, acting through it lay-_vwo,-t[•t_Jn• , its duly authorized residen ice-President ("Consultant")- WHEREAS, the Clean Water Act (CWA), Section 303(d), requires States to identify waters that do not meet or are not expected to meet applicable water quality standards-, WHEREAS, the State of Texas identified three small urban lakes (Fosdic Lake, Echo Lake, and Lake Como), in the City of Fort Worth with elevated levels of organochlorine pesticides and/or PCBs in fish tissue; WHEREAS, the City wishes to determine the availability of cost effective options that can be utilized in order to return these lakes to a "fishable" condition by investigating feasibility of various best management practices designed to mitigate pollutant input and/or remove pollutants from the water bodies, WHEREAS, the City Council authorized an award of contract to Alan Plummer Associa`es, Inc., to provide such research and consulting (M&C C-19875); and WHEREAS, the Consultant has represented that it is staffed with personnel knowledgeable and experienced in providing such ecological assessment services WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Consultant agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; City the City of Fort Worth, Texas. PHYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTRACT e CRP 01-29.01v4 1 of 13 City's Representative means the Director of Environmental Management, or the Director's designee. Consultant means Alan Plummer Associates, Inc. Contract Documents means the Consultant's Response to the Request for Proposal DEM03- I 008:UL attached herein as exhibit A, Project Drawings, Specifications, Task Orders, and this P contract. Deliverabie Document means a report, photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. Environmental Damages shall mean all claims, judgments. damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and + defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to work performed pursuant to this agreement and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells resulting from any violation of environmental requirements including, but not limiters to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, PHYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTRACT CRP 01.28.04v4 _ •:;* 1 or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. OSHA means the Occupational Safety and Health Administration of the United States Department of Labor. OSHA regulations means those regulations found in 29 Code of Federal Regulations. Qualifications Documents means all documents and ancillary documents submitted pursuant to Part 3 of the Request for Qualifications. Subcontract means a contract between the Consultant for this project and another person or company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. Task Order means a document issued by the City describing the scope of Consultant services, scope of City services, project schedule, specifications, and drawings & data. 2. SCOPE OF CONSULTANT'S SERVICES A, Consultant shall furnish all labor, materials and equipment necessary for the research and study of potential strategies for reducing concentrations of legacy pollutants to acceptable levels in fish tissue and sediments in Fosdic Lake, Echo Lake and Lake Como. These assessments will include identification of available best management practices (BMPs),. evaluation of potential effectiveness of each BMP in reducing pollutant levels and returning the lakes to a fishable condition, and an estimation of cost effectiveness for each strategy_ B. Consultant shall review relevant and available data for the City's urban lakes. C. Consultant shall research remediation methods for similar waterbodies where deemed appropriate as directed by the City. D. Consultant shall evaluate BMPs. and remediation techniques and the methodology for similar applications. E. Consultant shall prepare and deliver a technical report to the City to summarize its findings. F. Consultant shall develop an implementation plan to achieve the City's goals and objective as described herein. MYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTRACT CRP 01.28,04vl 3 of 13 3 SCOPE OF CITE' SERVICES A. City shall designate a City representative to provide timely direction to the Consultant and render City decisions. B. City shall provide previously collected GIS information including watershed delineation and characterization. C City shalt provide available background fish tissue and lake sediment data collected by various federal, state and local agencies that is reasonably accessible. D. City shall provide available results of on-going studies by other agencies affecting Fort Worth urban lakes. The City makes no warranties of claims as to the accuracy of these studies, E. City shall provide other information and/or data that is reasonably deemed necessary and appropriate, 4 TERM OF CONTRACT; TIME TO START AND COMPLETE A. This contract shall be for a term of eleven (11) months, beginning on February 1, 2404 and ending on December 31, 2004. B. Consultant agrees to begin work within five (5) days from the date of the Notice to Proceed, unless otherwise agreed upon between the Consultant and City. Consultant shall provide City with a timeline of when Consultant anticipates completing each task as described in Section 2.6 of Exhibit A- 5 INDEPENDENT CONTRACTOR The City agrees to hire Consultant as an independent contractor, and not as an officer, servant, or employee of the City. Consultant shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Consultant, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Consultant- 6 COMPENSATION A. The City and Consultant agree that the total cost of this contract shall not exceed ninety thousand dollars ($90,000). City and Consultant have agreed to prices, employee labor rates and cost estimates for technology methods as outlines in Section 2.6 of Exhibit A. PHYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTRACT CRP 61.29.01v4 4 of 13 City shall not reimburse Consultant for any laboratory costs it incurs which City did not approve in writing in advance, B. The City will not be liable for any Consultant costs in excess of the Not-to-Exceed amount unless the City has signed and issued a formal modification to the contract. C. Consultant will provide the City with monthly updates of the Schedule of Payments showing the costs incurred for each task and the amount remaining in the contract account. "Costs incurred for each task" shall include unit and total prices for labor, equipment, material, utilities, and purchased services. In the event that actual expenditures may result in a total cost in excess of the Not-to-Exceed Amount, Consultant must submit a modification to the contract. D. City will make Progress Payments to Consultant only after completion of those tasks andlor subtasks identified on the project schedule. E. Progress Payments will be made during the project no less often than once per month. F. The City agrees to pay Consultant within thirty (30) days after receipt of correct invoices, updated Schedules of Payment and the Deliverable Document for each task completed, 7 INSURANCE REQUIREMENTS Consultant certifies that it has and will maintain during the term of this contract, at least the following insurance covering the services to be performed: A. Commercial General Liability Insurance - $1,000,000 minimum per occurrence combined single limit for bodily injury and property damage. B. Professional Liability Insurance- $1,000,000 per occurrence. C_ Worker's Compensation - Statutory limits for Worker's Compensation plus employer's liability at a minimum of $1,000,000 each accident, $1,000,000 disease - policy limit; and $500,000 disease -each employee. NOTE: BETWEEN A AND C ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE COVERED; IN ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS AND CLEAN-UP COSTS. D. The following shall pertain to all applicable policies of insurance listed above: 1. Additional Insured Clause; "The City of Fort Worth, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under PHYSIO-CHEMICAL RESEARCH AND CONSULTANT'ING CONTRACT CRP 01.28.04V4 r7L 1 ? s Contract with the City of Fort Worth." An equivalent clause may be acceptable in the discretion of the City of Fort Worth, 2. Subcontractors shall be covered under the Consultant's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Consultant prior to the commencement of work and the Consultant shall deliver such to the City. 3. Prior to commencing work under the Contract, the Consultant shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (K) days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." 5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Risk Manager for the City. 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth, and, in lieu of traditional insurance, alternative coverage ma ntained through insurance pools or risk relations groups must be also approved. 8 INDEMNIFICATION A. Professional Services Indemnification- CONSULTANT SHALL RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT CF OR IN CONJUNCTION WITH THE WORT{ AND SERVICES TO BE PERFORMED HEREUNDER BY CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH PROXIMATELY CAUSED BY ANY NEGLIGENT ERROR, OMISSION, DEFECT, OR DEFICIENCY IN THE PERFORMANCE OF CONSULTANT'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF ASSESSMENT DOCUMENTS IN ACCORDANCE WITH THIS CONTRACT. CONSULTANT SHALL NOT BE REQUIRED TO INDEMNIFY OR HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM LOSS, DAMAGE, INJURY, OR DEATH ARISING SOLELY FROM DEFECTS OR DEFICIENCIES IN ENGINEERING CRITERIA AND INFORMATION FURNISHED TO CONSULTANT BY CITY, WHICH CONSULTANT COULD NOT DISCOVER BY THE EXERCISE OF REASONABLE DILIGENCE. PHYSIO-CHEMICAL RESEARCH AND CONSULT,ANTING CONTRACT CRF 01.28.04v4 6 of 13 r� B. General Indemnification. CONSULTANT DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONSULTANT, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT NEGLIGENCE OF CONSULTANT, ITS AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. CONSULTANT DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ANY HAZARDOUS OR TOXIC MATERIALS OR WASTE WHICH IS HANDLED, DISTRIBUTED AND/OR REMOVED UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Consultant under this section shall include, but not be limited to, the Burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless. false, or fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other suras due against such indemnified persons. E, Upon learning of a claim, lawsuit, or other liability which Consultant is required hereunder to indemnify, the City shall provide Consultant with reasonably timely notice of same. F. The obligations of the Consultant under this section shall survive the expiration of this contract and the discharge of all other obligations owed by the parties to each other hereunder. G. In all of its contracts with subcontractors for the performance of any work under this contract, Consultant shall require the subcontractors to indemnify the City in a manner consistent with this section. H. In :he event that a written claim for damages against Consultant or any of its r„ subcontractors remains unsettled at the time all work on the project has been completed PHYSIO-CHEMICAL F:ESEARCH AND CONSULTANTING CONTRACT ,� CRP 01.2E.04v4 Y :. to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Consultant shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Consultant submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. I. If the claim concerned remains unsettled at the expiration of the said thirty-day period, the Consultant may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Consultant arising out of the performance of such work. 2. The City Manager shall not recommend final payment to Consultant if a claim for damages is outstanding for a period of six months following the nate of the acceptance of the work performed unless the Consultant submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six-month period, the City Manager shall recommend that the final payment to Consultant be made. If condition (b) above is met at any time within the six-month period, the City Manager may recommend that final payment to Consultant be made. At the expiration of the six-month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Consultant have been met to the satisfaction of the City Manager. g DEFAULT AND TERMINATION A. Consultant shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Consultant. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Consultant's to perform, and if such failure was beyond the control of both the Consultant and the subcontractor, without their fault or negligence, Consultant shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. PHYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTRACT .+. CRP Oi.2B_O7v4 ? of i C. If Consultant fails to begin work herein provided for within the time specified above; or to complete such work within the time specified above, within the true meaning of this contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents; City may deliver to Consultant a written itemized statement of the total excess costs, and Consultant shall reimburse City for such excess costs without delay. D. Alternatively, if at any time during the term of this contract the work of Consultant fails to meet the specifications of the contract documents, City may notify Consultant of the deficiency in writing. Failure of Consultant to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract- All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Consultant. E. City may terminate this contract at any time if it determines that Consultant made a material misstatement of fact in the qualifications documents it submitted in response to the City's Request for Qualifications. F. City may terminate this contract with or without cause upon thirty (34) days prior written notice to Consultant, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Consultant and accepted by the City. G. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 10 MODIFICATION No modification of this contract shall be binding on Consultant or the City unless set out in writing and signed by both partes. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable documents), and schedule of payments. RIGHT TO AUDIT City and Consultant agree that, until the expiration of three (3) years after the final payment under this contract, the City shall have access to and the right to examine any directly pertinent gooks, documents, papers and records of the Consultant involving transactions relating to this contract. Consultant further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that time City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. PHYSIO-CHEMICAL RESEARCH AND CONSt]LTANTINC CONTRACT CRP 01.28.04v4aw RM 12 MINORITY AND WOMEN BUSINESS ENTERPRISES The City's requirement for MNWBE participation has been waived for these services. 13 ` NON-DISCRIMINATION M A. During the performance of this contract, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Consultant also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Consultant is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.. 1,j GOVERNING LAW The City and Consultant agree that `.he validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 15 WARRANTY Consultant warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property, and the environment by asbestos-containing material as well as hazardous substances in the solid, liquid, gas, or plasma physical state. Consultant further warrants that it will perform all services under this contract in a safe, efficient and lawful manner using Industry accepted practices, and In full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. 16 SEVERABILITY 1P The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and JL this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. PHYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTP.ACT CRP o:" _.... I 17 RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Consultant, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 18 VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. 19 NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Brian Boerner, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Consultant: P. Jonathan Young Senior Project Manager A Ian Piuinmer Associates Inc., 941 West M itche I I Street Arlington, Texas 76013 20 ENTIRETY This contract the contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Consultant, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. PHYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTRACT CAE 111.28.0Av9 11 c' 21 ASSIGNMENT The City and Consultant bind themselves and any successors and assigns to this contract. Consultant shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Consultant 22 CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this contract 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 this contract or any amendments or exhibits hereto. ')3 NO THIRD-PARTY BENEFICIARIES This contract shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this contract. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 24 NO JOINT VENTURE, PARTNERSHIP, AGENCY This contract will not be construed in any form or manner to establish a partnership,joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the parties. The City shall be an independent contractor and shall be responsible at all times for directing its employees in the course of their duties. Consultant shall be responsible at all times for directing its employees in the course of their duties. R PHYSIC]-CHEMICAL RESEARCH AND CONSULTANTING CONTP.ACT CRP 01.26.44v4 lc of 13 R Signature Page for Alan PlummerAssodates Contrast IN WITNESS THEREOF, the City�of Fort Worth and Consultant have executed this contract in triplicate on this ,day of { , 2004. i CITY OF FORT WORTH ALAN PLUMMER ASSOCIATES, INC. r Libby Wats BY: r Assistant City Manager President/Vice President APPROVED AS TO FORM CORPORATE SEAL: AND LEGALITY: rm Assistant y Attorney ATTEST: COMPANY WITNESS: tar' Pearson, City Secretary Contract Authorization Date r PHYSIO-CHEMICAL RESEARCH AND CONSULTANTING CONTRACT CRP 01.28.04v4 13 Of 13 A CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. labor Code §406.96 (TUU), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No. DEM03- 008:UL. Alan Plummer Associates, Inc. By: f CzCsIDL.vT Title yd X094 Late STATE OF TEXAS § COUNTY OF TARRANT § Bere me the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrum nt, and acknowledged to me that he executed the same as the act and deed,of 41-,fAt 4G,,,r", r s, _ for the purposes and consideration therein expressed and in the capacity therein stated. -1/1 Given Under My Hand and Seal of Office thisa�6 day of , 20 ° ."-7 C-z2 Notary Public in and for he State of Texas ANNE LLIVIMONS { s He[ilY Pibk Sine os Tala , ' Mycamm C:Q.12 11- UUS `i CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Definitions: 1. Certification of coverage ("certificate"), A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, 7-WCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3, Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers" owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C, The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. `rhe Contractor shall obtain from each person providing services on a project, and provide the governmental entity- 1. ntity:1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of ;overage for the duratior of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 6. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. CJbtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person Beginning work on the project, and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage an file for the duration of the project and for one year thereafter. f . Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. S. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division r of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a titie in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labra or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". TATENhrI IrjI f __j if _ r � � ) 111) 0 W, RT 0 Original DEPARTMENT OF ENVIRON ENTAL MANAGEMENT WE M2 I - . . . �j � mLb lo I Y Lt I Iri I + , ENVIRONMENTAL ENGINEERS-DESIGNERS-SCIENTISTS OCTOBER 2, 2003 i ALAN PLUMMER ASSOCIATES, INC. Celebrating 25 hears of Service ENVIRONMENTAL ENGINEERS•DESIGNERS•SCIENTISTS 1978-2003 L TAMES LALTSTAL t iLR,FE 03--274 101�FI F Y E,CAFFEY PE. FfPtIF14I.CvaNAN.PE. October 1, 2003 'EGGY W GLASS,P41 r7 VIDA.GUDALP_E- City of Fort Worth Purchasing Division LEE HEAD.III,PE 1 000 Th rockmorton BETTY L PROAN,PE. Fort Worth, Texas 76102. 1_NNETH G LAWRENCE_PIE LETUSR.MART IN.PE. Subject: Urban Lake Physio-Chemical Research and Consulting Services 0RETTA E MDKRY DEM013-008:UL TIMOI I IY I.NOACK PE �ARXA PER KINE PE Dear Purchasing Director: I -AN-P,%IMMER,(R.,PE-DEE RICHARD SMTH.PC. Alan Plummer Associates Inc. (APAI) is pleased to submit our proposal to provide qIIARLESITRACY,PE. services for the above-referenced project. Founded in 1978, APAI has three offices in 6-AN R.TUCKER.PE the Dallas-Fort Worth area, Our headquarters are in Fort Worth, and we have offices P IC)NATHA N YD UNIC PhD PE in Dallas and Arlington. The City of Fort Worth's point of contact will be P. Jonathan Young, Ph.D., P.E. I can be reached in APAI's Arlington office at 841 W. Mitchell Street {76013}; by phone at 817-461-14'91; by fax at 817-8601-3339; or by a-mail at jyoung@apaienv.com. APAI is the ideal choice to assist the City of Fort Worth in providing the required services on this important project. We distinguish ourselves by the following highlighted items: A Project Manager with 37 years experience in water quality studies • A Principal-in-Charge who is one of the local area's most innovative environmental thinkers • A Task Leader who is nationally renown in the area of water quality research and the characterization of toxics in sediment ■ A Project Team that is well known for providing water quality management services With this letter, APAI is providing the documents requested by the City, including our experience on similar studies and our project approach for this investigation. A cashier's check for our security bond is attached. We look forward to the opportunity to serve the City of Fort Worth on this project. Sincerely, ALAN PLUMMERAASSOCIATES, INC.f lod. P. Jonathan Young, Ph.D., P.E. Senior Project Manager Attachments M=7iRGa'J7f,4b& 19 • Fo RT Wo RT H �i URBAN LAKE PHYSIO-CHEMICAL RESEARCH AND CONSULTING SERVICES 2.0 PROPOSAL DOCUMENTS 2.1 PROPOSAL DQC;LJMEUT CHECKLIST All Proposal Documents, including this Checklist, must be completed in full and submitted in a sealed envelope, in the requested order, or the proposal may be considered as a non- responsive submittal. Proposal Documents Initial if Inrliided 1, PROPOSAL DOCUMENT CHECK LIST 2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA 3. MINORITY AND WOMEN BUSINESS ENTERPRISES (V/WBE) 4. PROPOSAL SUMMARY 5. SCOPE OF SERVICES 6, COST ESTIMATE 7. QUALIFICATIONS/EXPERIENCE OF PROVIDER 8. LIST OF SUBCONTRACTORS 9. PROVIDER'S LICENSES AND CERTIICATES 10. VENDOR'S COMPLIANCE WITH STATE LAW 11. INSURANCE CERTIFICATES 12. PROVIDER'S LEGAL AND COMPLIANCE HISTORY 13. BONDS4PICI I understand that failure to submit all of these items may cause my submittal to be considered non- responsive- Name P. on h n Young, Ph.D., P. Title Spninr Project Manager Company DEM03-008:UL September 18, 2003 2-1 ALAN ` FORT WORTH ASSOCIATES. INC. URBAN LAKE PHYStG-CHEMICAL. RESEARCH AND CONSULTING SERVICES 2.2 ACKNOWLEDGEMENT OFF RECEIPT OE REQUEST FOR PROP0,9AI AQDFNDLJM 2.2.1 Check if applicable The undersigned acknowledges the receipt of the following addendum (a) to the Request for Proposals, and has attached all addenda following this page. (Add lines if necessarv). Addendum Number 19-2-9-2003 (Date received) Addendum Number 2P-26-2003 (Date received) Addendum Number 3 9-26-2003 (Date(eceived) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Proposals. PROVIDER: ALAN PLUMMEfR ASSQQIATES INC. BY: P Jonathan Young, Ph.D., P_E (Company Name) (print or type name of signatory) 841 D- Mitchell Street G7✓tA (Address) iga re) Arlington. Texas 760 j 3 Sefor Pr 'Q .trt Ma ,ager (City, State,Zip) Title(print or type) DEM03-008:UL ^* September 18, 2003 2-2 ALAN PLUMMEF6� URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT WORTH A�!CIATES, INC. AND CONSULTING SERVICES 2.3 MINORITY ANO WOMEN BUSINESS ENTERPRISES (MMBE1 The City's requirement for M/WBE participation has been waived for these services. ti to �rt DEM03-008:UL September 18, 2003 2-3 ALAN � URBAN LADE PHYSIO-CHEMICAL RESEARCH FORT ■>r''QRTH momAND CONSULTING SERVICES 2.4 PRQPQ(;Ai StJMMARY TO THE CITY OF FORT WORTH: The undersigned hereby proposes to furnish the labor, materials and equipment necessary for research and study of the physiochemical and cost effectiveness of various best management practices (BMPs) including urban lake dredging. The assessment will determine the potential impact of BMPs in returning Clean Water Act 303(d) listed waterbodies to a fishable condition. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for sixty(6U) days from the date of submittal. PROVIDER: ALAN PLUMMER ASSOCIATES-Is BY: A Lee Head, 111 P_E_ (Company Name) (print or type name of signatory) 941 W_ Mitchell Street (Address) (Signature) ArjLgton, Texas 76Q 13 Princjpal (City, State, Zip) Title (print or type) 817.461 1491 RIZ 860 3339 Phone) (FAX) f T Y 1 DEM03-008:UL .■ September 18, 2003 2-4 � URBAN LAKE PHYSIa,CHEMICAL RESEARCH FoRT 'W oRTH AND CONSULTING SERVICES 2-5 SCOPE OF SERVICES Proposals are tieing accepted by the City of Fort Worth ("City") for the furnishing of all labor, materials and equipment necessary for research and study of the physio-chemical and cost effectiveness of various best management practices (BMPs) including urban lake dredging. The study will investigate the potential effectiveness of various BMPs in reducing the input of legacy pollutants (organoch)orine pesticides and PCBs) into urban lakes in Fort Werth currently included on the Clean Water Act Section 303 (d) list (segments 0806A - Fosdic Lake, 08068 - Echo Lake, and 0829A - Lake Como) due to elevated concentrations of these compounds in fish tissue. An assessment will determine the potential impact of BMPs in returning listed waterbodies to a fishable condition. The services required underthis contrart include but are not limited tQ the fallowing tasks: • Review relevant and available data for the Fort Werth urban lakes; • Research remediation methods for similar waterbodies where appropriate; • Evaluate BMP/remediation techniques and methodology for similar applications-, • Draft a technical report to summarize findings-, • Develop an implementation plan. Ihe-City Will�p .rfor the following tasks under this.conlrac Provide a single point of contact for the City: Provide previously collected GIS information including watershed delineation and characterization; ■ Provide available background fish tissue and lake sediment data collected by various federal, state, and local agencies; Provide available results of on-going studies by other agencies affecting Fort Werth urban lakes. Provide other available information and/or data as necessary and appropriate. DEM03.008:UL September 18, 2003 2-5 ALAN PLUMMER URBAN LAKE PHYSIO-CHEMICAL RESEARCH onl ASSOCIATES, C.1 AND CONSULTING SERVICES oR n 2.6 COST ESTIMATE Providers should produce a price estimate for each task required for this project. At feast those tasks shown in the following list should be included. The Provider may wish to include additional tasks as appropriate depending on the complexity of the proposal. A cost estimate for each task associated with a subcontractor should be provided. NO COMPENSATION SHALL BE PAID TO THE PROVIDER for the cost of obtaining and maintaining insurance bonds, licenses, and certificates as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this proposal. P1 ATTACH COPY OF COST ESTIMATE FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE M w ll DEM03-008:UL �., September 18, 2003 2-6 COST ESTIMATE URBAN LAKE PHYSIO-CHEMICAL RESEARCH AND CONSULTING SERVICES TASK COST ESTIMATE 1. Review Pertinent Data .......................................................................12,000 - Includes Kickoff Meeting - Includes Meeting with USGS 2. Summarize and Evaluate Relevant Data ............................................11 ,000 3. Review Approaches for Similar Polluted Lakes.....................................9,900 - Includes Progress Meeting 4. Special Studies .....................................................................................9,900 5, Evaluate Remediation Strategies.............................................. .........12,000 - Includes Progress Meeting 6, Prepare Technical Memorandum........................................................18,500 Includes Draft Memorandum Includes Memorandum Review Meeting Includes Final Memorandum 7. Prepare Implementation Plan..............................................................16,700 - Includes Draft Plan - Includes Review Discussions - Includes Final Plan TOTAL .......................................$ 90,000 ALAN ' URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT WORTH ASSOCI_AT _ AND CONSULTING SERVICES 2.7 C,UALIFICATIQNS/EXPERIFNCE Providcr shall identify its company name, address, telephone numbers), and FAX number(s) for the local office as well as the headquarters, where appropriate. Provider shall attach a description of the past jobs completed that would qualify the firm to perform the Scope of Services as detailed within this Request for Proposal (maximum of 5 pages). References shalt be included with each and every past job referenced. Provider shall attach a copy of its current Statement of Qualifications (maximum of 15 pages). If subcontractors are to be utilized for services to be provided, current Statements of Qualifications for those companies must also be included. Provider shall attach a brief resume (maximum of 1 page each) for each individual assigned a key rale under this Contract. Identify key personnel by name and title, describing the primary work assigned as well as the percentage of time each person will devote to this contract. Document Provider's experience for conducting similar research with comparable magnitude as that of the services to be provided. If applicable, work samples should be included. INCLUDE A COPY OF THE QUALIFICATIONS/EXPERIENCE FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE DEM03-008:UL September 18, 2003 2-7 ity of • FoRT WORTH rban Lake Physio-Chernical Research and Consulting Services PR COFILL M APAI DFW OFFICES r< "" Arlington Fort Worth Dallas Primary Point of Contact: P. Jonathan Young, Ph.D., P.E. Alan Plummer Associates, Inc. 841 W. Mitchell Street Arlington, Texas 76013 817.461.1491 (phone) 817.860.3339 (fax) jyoung@apaienv.com Website: www-apaienv.com Alan Plummer Associates, Inc. (APAI), a Texas corporation, is a consulting engineering firm that was founded in 1978 to provide specialized civil/environmental engineering services to municipalities; local, state, and federal regulatory agencies; water districts and water authorities; and private clients. Developing practical, technically reliable, and cost-effective project solutions is the primary commitment our firm makes to our clients. APAI, with four Texas offices in Fort Worth, Dallas, Arlington, and Austin, is a leading water resources and urban storm water quality management engineering firm. APAI has a staff of 77 professionals, the majority of whom are registered professional engineers and environmental scientists. APAI specializes in storm water quality management planning. APAI staff have been directly involved with the agencies supervising storm water regulations for 25 years. We also have significant dredging experience, both mechanical and hydraulic. Much of our dredging activities have been in residential areas, city parks, and golf courses where the aesthetic concerns have been of equal importance to the dredging activity itself. Our client base is primarily municipal and special purpose districts. We are experienced in the administrative processes and requirements of governments. Established in 1980, HyrlroQual, Inc. (HQI) is an environmental engineering and science firm that combines the latest scientific research with sound engineering principles to solve environmental problems. With a staff of 100 employees, HM's range of services addresses issues dealing with water quality, Total Maximum Daily Load (TMDL) analyses, toxics in sediment evaluations, watershed management, and water and wastewater treatment, to name a few. HCI is listed in the Top 200 Environmental Firms by Engineering News Record magazine_ HQI specializes in the transport, flux, and fate of toxics in sediment. ASSOCIATES, ity of • FORT WORTH rban Lake Physio-Chemicall Research and Consulting Services APAI"S WORK HISTORY WITH THE CITY OF FORT WORTH APAI has been providing consulting engineering services to the City of Fort Worth since 1982. Listed below is a list of many of our services to the City. ✓ Operator Training Program at the Village Creek Wastewater Treatment Plant ✓ Odor Control Study ✓ Wastewater Treatment Plant Capacity Evaluation ✓ Aeration Study ✓ Review and Testing of the City's Industrial Pretreatment Facilities regarding the Quality of Industrial Discharge, as well as a review of local ordinances and limits. ✓ Aeration Study Phase 11 Aeration Area III Impruvements ✓ TRE and Recycle Streams ✓ TRE Submittal to EPA ✓ Toxicity Reduction Evaluation and Biomonitoring Projects at the Village Creek Wastewater Treatment Plant ✓ Short-Term Sludge Management Program to address disposal of Village Creek WWTP sludge ✓ Contract documents for the privatized operation of temporary belt presses and the beneficial use of sludge through land application for approximately 40 dry tons per day at the Village Creek WWTP ✓ Clean Lakes project—Lake Worth Water Quality Improvement Feasibility Analysis ✓ Evaluation of wastewater collection and treatment for residences in an area adjacent to Lake Worth ✓ Contract documents and specifications for the interim dewatering and beneficial use of sludge for a 9- month to 18-month period ✓ Feasibility study for enhancement of natural wetlands within the Fort Worth Nature Center and Refuge for reduction of nutrient loading introduced into Lake Worth. ✓ Lake Worth Wetlands Enhancement Phase II ✓ Lake Worth Community Sewer Preliminary Design ✓ Lake Worth Master Water System Improvements Plan ✓ Evaluation and recommendations for extending the City of Fort Worth water distribution pipelines to Northeast Tarrant County in order to extend water services to the Cities of Keller, Southlake, Westlake, Trophy Club, and Roanoke Village Creek Wastewater Treatment Plant Uprating ✓ M-217R Sanitary Sewer Rehabilitation ✓ Levee Repair ✓ 1998 Capital Improvements Water System Rehabilitation Projects ✓ Lake Worth Cahoba Drive Pipeline ✓ Cahoba Drive Water Line Extension Design Main 21 Interceptors ✓ Wastewater Diversion from east of Eagle Mountain Lake Drairage Basin to Big Fossil Creek Drainage Basin ✓ Fort Worth Nature Center Levee Restoration ✓ Air Permitting Project at the Village Creek Wastewater Treatment Plant ✓ Lake Worth South Shore Sewer System Wastewater Conveyance and Treatment Implementation Plan a-id Evaluation of Water Quality Impacts ✓ Village Creek Wastewater Treatment Plant TPDES Permit Assistance (through the Upper Trinity River Compact) ALAN PLUMMER ® ' » FoRT oRTH • Research and Consulting Services ti R-ELEVANT P JEC TS City of Amarillo McDonald Lake Storm Water Management Project McDonald Lake is a playa lake located in one of Amarillo's major regional parks, John S. Stiff Memorial Park- The drainage basin Client_ delivering runoff to McDonald Lake encompasses approximately Mr. Mike Kennedy(retired) 1,540 acres of urban and rapidly developing urban areas. In City of Amarillo September 1999, APAI completed an engineering study of 806.378.4227 McDonald Lake for the City of Amarillo that identified improvements to enhance storm water storage capacity and lower the 100-year flood level. Services provided by APAI also included a determination of jurisdictional waters of the United States, preparation of Section 404 permit application, development of a mitigation plan, and coordination of the permitting review process through the U.S. Army Corps of Engineers. The proposed modifications included excavation of The resulting modified playa approximately 320,000 cubic yards of material from the lake and lake is designed to provide reshaping of the lake to create a deep-water central zone able to water quality improvement support fish and a gently sloped perimeter planted with native through filtration and nutrient wetland plants. The resulting modified playa lake is designed to uptake by the wetland plants, provide water quality improvement through filtration and nutrient and enhanced habitat for uptake by the wetland plants, and enhanced habitat for wildlife, wildlife, waterfowl, and fish. waterfowl, and fish. City of Arlington_ Pond Restoration at Randol Mill Park APAI obtained a U. S. Arm yClient: Corps of Engineers' (USACE) Kenny Mott 404 permit including options for City of Arlington disposal at four locations and 817.459.5490 f evaluated options for pond restoration including hydraulic dredging and conventional excavation. APAI also provided a soils sampling and analysis plan, excavation plans, specifications for public bidding, and construction phase services. The project involved the removal of 14,040 cubic yards of sediment from the site and deposit of this material at the Arlington landfill. The sediment was used for daily cover at the Arlington landfill. On the day the contractor completed the project, a major rain event re-filled the pond. Construction budget was$185,000. City of Frisco Erosion Control Plan for Lakes on Legacy, Frisco,Texas After working with the Client: An erosion control plan developer for coordination of Jeff Plackard utilizing native aquatic and Section 404 permitting and Blackard Developments, Inc. shoreline vegetation was development of mitigation 972.668.0200 developed for seven trouble planting for areas along the spots along the lake shoreline. shoreline of the created on-channel lakes within the Lakes on Legacy Drive residential development, APAI has provided continuing on-site coordination of mitigation plan implementation, and compliance monitoring for annual reports submitted to the U.S. Army Corps of Engineers. An erosion control plan utilizing native aquatic and shoreline vegetation was developed for seven trouble spots along the lake shoreline. The erosion control plantings were tied into the areas planted for mitigation as these areas were exhibiting stable shorelines. ALAN PLUMMER ASSOCIATES, ity of Fort Worth wrban Lake Physio-Chemical Research and Consulting Services FORT WORTH Lake Worth Wetlands Enhancement Feasibility Study and Protect APAI performed a feasibility study for the Client. N City of Fort Worth for erhancement of natural wetlands around the Fort Worth Wayne Clark 1 Nature Center and Refuge to reduce City of Fort Worth nutrient loading into Lake Worth. The 817.237.6940 study also included an analysis of the use of constructed wetlands on a major tributary (Silver Creek) to Lake Worth for reduction of sediment and other pollutant loading to the lake. -- APAI identified and defined water quality goals to be achieved by the enhancement of wetlands at the Fort Worth Nature Center and Refuge and the mouth of Silver Creek and developed a conceptual development plan for enhancement of these wetland areas based on the identified goals. Additional tasks involved classification of preconstruction and post-construction wetlands, coordination of project permitting, the development of a pre-project monitoring program, and an evaluation of the feasibility of implementing the proposed wetland projects. APAI provided design services for the wetlands enhancement demonstration project and supervised construction. The multi-cell wetlands enhancement project demonstrated an ability to reduce nutrients at very short hydraulic detention times. Construction of the project included the installation of dikes and flow and water level control structures within the natural wetland area and a small pump station along the West Fork of the Trinity to provide a controlled water flow to the project, An intensive monitoring program was implemented to assess the nutrient removal performance of the wetlands. Cit of Irvin Las Colinas Environmental Baseline Study and Master Flan APAI conducted surveys, prepared Client: digitized base map, and baseline study Jacky Knox and master plan report to define the DCURD existing environmental characteristics of 972 556 0625 the Las Colinas development within the - City of Irving, Texas. The study was conducted to establish an environmental baseline including an inventory of environmental assets, jurisdictional areas, and other relevant factors to guide future water quality enhancement activities for 50 lakes and various stream channels that may involve permitting from federal and stale agencies. The study identified futwe projects within the Las Colinas area that fail within the purview of the U.S. Army Corps of Engineers regulatory or approval constraints; areas which could be used to provide for mitigation necessitated by the planned or proposed projects; alternative operational and maintenance opportunities; evaluation of siltation in the waterways as to sources; causes and maintenance impacts, The study included nonstructural alternative solutions in the form of demonstration projects to provide bioengineering solutions to stream bank erosion while minimizing impacts The study included nonstructural to riparian habitat. The project had a budget of$92,000. alternative solutions in the form of demonstration projects to provide 0 This 12,000-acre development received bioengineering solutions to stream the Texas Water Conservation Association bank erosion while minimizing 2041 Conservationist of the Year Award for impacts to riparian habitat. its innovative utilization of reclaimed water to maintain lake levels and irrigate golf courses, medians, and corporate campus settings. APAI designed the reclaimed water project as a precursor to this master plan effort. ty of Fort Worth NUrban Lake Physio-Chernical Research and Consulting Services FORT WORTH City of Irving, Hackberry Creek Country Club, Irving, Texas APAI obtained a 404 permit and two permit amendments to dredge 12 small lakes on the Hackberry Creek Country Club. Requirements from 'Tent: the City of Irving involved construction permit, grading plan, and tree Charley Lout protection plan. A Storm Water Pollution Prevention Plan was also Hackberry Creek Country Club prepared and notice filed with EPA. Disposal activities included a 972.869.2631 sedimentation basin for dredging eight lakes and a geo-tube disposal arrangement for three lakes, dredging activities were accomplished and discharge pipelines operated while play continued on the golf course. Dredged material was used beneficially as fill on sites that were scheduled For development. Pumps in the discharge line were installed within sandbag walls to dampen the noise of operations. The project, which was completed in 2003, had a design budget of$26,000- City of Duncanville Lakeside take, Duncanville,Texas Banks of lake site were considered in Client: project formulation. Vegetation Ms. Cindy Boland planting was included for a majority of City of Duncanville tl-e shoreline to limit erosion in the 972 780 5076 future_ APAI performed the permitting, soils sampling, analysis plan, design and construction administration for removal of 14,000 cubic yards of sediment from Lakeside Lake in a City of Duncanville park. The project also included 700 LF of segmented retaining walls, and floral wetlands planting to provide erosion control and aesthetic enhancements for the completed project. M' Trinity River Authority Ten Mile Creek Regional Wastewater System APAI completed the successful removal of over 70,000 cubic yards Client: of anaerobically-digested sludge from two 9-acre storage lagoons at Edmund Mach, Project Manager r the Trinity River Authority's Ten Mile Creek Regional Wastewater Trinity river Authority System. Contract documents were written to allow a number of 972 225 3462 alternative removal and disposal methods for this sludge. The process was completed using mechanical dredging. Sludge was disposed of at an adjacent private landfill. The construction budget for this project was $1,000,0100. Callas County Utility and Reclamation District APAI obtained permits for hydraulic and conventional dredging for channel lakes on Client: seven lakes within the District Jacky Knox APAI sampled sediment in advance boundaries in Irving; Texas. APAI DCURD of dredging and permit action to obtained one permit for the dredging 972 556 062,5 determine if there were any of the Elm Fork of the Trinity River environmental impacts to and designed a confined disposal facility (sedimentation sediments from upstream activities, basin) based on Column Settling Tests. These projects also fertilizers from adjacent areas and included alternative disposal options and Best Management ,potential hydrocarbon pollutants. Practices. APAI sampled sediment in advance of dredging and permit action to determine if there were any environmental impacts to sediments from upstream activities, fertilizers from adjacent areas and potential hydrocarbon pollutants. This project was completed in 2002. The design budget was$35,000. M� ity Urban. � � otTx and Consulting Services KEY PR-OFILE STAFF R Fofa WoM En viro nmenl i I Management Division Principal In Clarga Alan M.Plummer,P.E.,DEE Auai isy Co ntroi Richard A Smith,P.E. 7=Jonathan ng,Ph,D„P.E. M Data Summary and Evaluation SpeclvrI Studies R"ma"'at'-etsategiyffChari. aticn Plan Teak hkanager Task Manager Tack Managerarifter Ellen McDonald,Ph.D.,P.E. Dominic Di Toro,Ph.D. Charles Tracy,P.E., ung.Ph.D.,P.E. Pill C A P.M. cistua R.Mtartin,P.E ,P.E.,C.A.P.Mt P.Jonathan Young,Ph.D„P.E. P.Jonathan Young,Ph.D.,R.E. Loretta£.PM arian,P.t:. Dominic Di Tao,Ph,p. Ellen McDonald,Ph.D.,P.E. Domtnk:DI Toro Ph.D .M4okry Alan H. Plummer, P.E., DEE President, Alan Plummer Associates, Inc;. Project Role: Principal-in-Charge Percentage of Time Devoted to Project: 7 % Alan Plummer founded Acari Plummer Associates, Inc. in 1978 to provide specialized services in the water quality area. Mr. Education: Plummer has experience in problem assessment and solution M.S., Environmental Health development, both from technical and project management Engineering, University of Texas, perspectives. His work has included analysis of water quality 1968 s conditions relative to criteria established by the Clean Water Act, 6.s„ Civil Engineering, Lamar and analysis of the impacts of wastewater and storm water University, 1964 discharges or receiving water bodies. Mr. Plummer's career includes the following: Professional Registrations: + supervised numerous lake water quality management studies Registered Professional Engineer: for Tarrant Regional Water District reservoirs. Texas, 1969, #29230; Oklahoma, e Principal-in-Charge for lake water quality management 1978, #11001; Louisiana, 1979, studies for the North Texas Municipal Water District and the #17925; Arkansas, 1983, #5602 Trinity River Authority. and Arizona, 1996, #30654 • Texas Waver Conservation Association President(1994) 0 Authored, co-authored and presented several papers in the field of water pollution control ity of FoRTWoRTH rban Lake Physio-Chemical Research and Consulting Services P. Jonathan Young, Ph.D., P.E. Manager of Watershed Water Quality Technology, Alan Plummer Associates, Inc. Project Roles: Project Manager; Implementation Plan Task Manager; and Data Summary and Evaluation Percentage of Time Denoted to Project: 25% Dr. Young has 37 years civil and environmental engineering experience in water Education: p quality management, water resources Ph.D., Environmental/Civil planning, storm water runoff, site assessments, computer Engineering, Texas A&M University, modeling of water quality, and data analysis projects. He has 1972 been a supervisor or project manager for 150 water quality control projects. Dr. Young has also taught graduate courses in M.S., Civil Engineering, Carnegie- water quality modeling. He Serves as a consultant to municipal Mellon University, 1967 and industrial clients in regulatory actions. He has published, presented, or co-authored 35 papers related to water resources, B.A., Engineering Science, water quality, toxic substances, storm water and nonpoint Dartmouth College, 1964 sources. Specific activities and projects in which Dr. Young has Professional Registrations: been involved include: Registered Professional Engineer: • Evaluation of lake water quality, long-term trends and Texas, 1981,#48535 management alternatives for Grapevine Lake, Eagle Mountain New York, 1976, #54026 Lake, Lake Lavon, Lake Ray Hubbard, Lake Ray Roberts, Cedar Creek Reservoir, Richland Cl-ambers Reservoir, Lake Worth, and Lake Arlington_ The Trinity River Authority, Tarrant Regional Water District, the North Texas Municipal Water District, the City of Dallas, the City of Denton, and the Natural Resources Conservation Service sponsored these studies, • Management of numerous tasks involving data analysis, design of monitoring programs, special studies, and setting of priorities as part of the Clean Rivers Programs for:he Trinity River Authority, Sulphur River Basin Authority, Lower Neches Valley Authority, Nucces River Authority, and Sabine River Authority. • Water quality modeling, permit assistance, and/or expert testimony for the following municipal dischargers in Texas: Corpus Christi, Abilene, Amarillo, Fort Worth, Dallas, I rinity River Authority, North l exas Municipal Water District, Harlingen, Leander, Cedar Park, Ciute, Rowlett, Azle, Frisco, Wylie, Longview, and Corsicana. • Chairman of the Water Quality Committee of the Statewide Storm Water Quality Task Force that was sponsored by the Texas Chapter of the American Public Works Association. Duties includeo gathering of storm water data from over 20 cities and agencies throughout Texas, assisting in the preparation of a successfui grant application for the Texas Nonpoint SourceBOOK, and preparing quarterly presentations for Task Force meetings. • Member of the consultant team which assisted the North Central Texas Council of Govemments (NCTCOG) and the cities of Arlington, Dallas, Fort Worth, Garland, Irving, Mesquite and Plano with M54 permitting activities and long-range planning related to storm water quality issues. This project included the largest urban storm water monitoring program in the United States since the NURP program in the 1980s. His responsibilities included the writing and presentation of reports regarding storm water quality characteristics in the region, development of manuals for best management practices, the design of sampling programs, and the prioritizing of concerns and controls. • Member cf a consulted team for NCTCOG and 57 cities to develop regional planning and design manuals for the control of runoff quality and quantity. • Primary author of a storm water methodology manual sponsored by the State of Texas for statewide distribution that included sections on storm water quality concerns, rainfall characteristics, runoff quality, statistical analysis, the design of sampling programs, and the evaluation of control strategies. �. ALASSOCIATES, INC., N PLUMMER ity of FortFORT WORTH F i and Consulting Services Richard H. Smith, P.E. Principal, Alan Plummer Associates, Inc. Project Role: Quality Control Percentage of Time Devoted to Project: 5% Mr. Smith has 27 years experience in storm water management and planning, pollution prevention plans, air and waste Education: permitting, water quality management, water quality modeling, M.S., Civil Engineering, Texas A&M planning and design of wastewater collection and treatment University, 1968 systems, operation and maintenance of wastewater treatment B.S., Civil Engineering, Texas A&M planks, water supply planning, wastewater reuse planning and University, 1965 preliminary design, and water treatment plant preliminary design. Some of his relevant experience is listed below. Professional Registrations: • Served as Principal-in-Charge for the preparation of plans Registered Professional Engineer: and specifications for a land dredging and restoration Texas, 1971,#33015 and project in Arlington,Texas. Louisiana, 1983, #20637 • Served as Project Manager for a Lake Restoration Study conducted for Lake Worth, Fort Worth, Texas, as part of an EPA Clean Lakes Program. • Served as Project Manager For Upper Trinity Water Quality and Facility Planning Study for the Tarrant Regional Water District. The assigned study area was the Trinity River basin upstream of Arlington, Texas. The study included water quality modeling of rivers and lakes, assessment of point source and non-point pollutant impacts, facility planning of wastewater systems, and water quality management alternatives. Ellen T. McDonald, Ph.D., P.E. Senior Engineer, Alan Plummer Associates, Inc. Project Role: Task Manager, Data Summary and Evaluation Percentage of Time Devoted to Project: 25% ' Dr. McDonald has a strong technical background and over 15 Education: years of experience related to water quality data analysis, Ph.D.,Water Resources/ modeling, and field studies of water and wastewater systems. Dr. Environmental Fluid Mechanics, McDonald was Assistant Professor at Ohio State University's Civil Engineering Department for three years where she taught courses Stanford University, 1992 related to Water Resources Engineering, Her representative M.S., Water Resources Engineering, experience includes the following: 1987, • Evaluated the relationship between residence time and pollutant concentrations for Lake Lavon for 50 years of inflow. B.S., Civil Engineering, Bucknell Projected changes to be expected over the next 20 years. University, 1986 • Performed field experiments and numerical modeling to study Professional Registrations: the coupling between biological, chemical and physical Registered Professional Engineer, processes in Lake Erie. The study focused on evaluating the Texas, '1999,#847'31 importance of vertical mixing processes in affecting biological and chemical processes in lakes. Also assisted in the development of sediment transport models For both Lake Erie and San Francisco Bay_ • Modeling of constructed wetlands: Used a mass balance model to simulate the changes in pollutant concentrations for a small wetland in north Texas designed to filter inflows for possible use as-source water for a lake. A mass balance model included the effects of advection arld dispersion between the wetland segments, changes in mass stored within each segment, external sources, and loss of mass n simulated by first order decay and settling_ ity of Fort Worth FORT WORTH rban Lake ■ Research Charles J. Tracy, P.E., C.A.P.M. Project Manager, Alan Plummer Associates, Inc. Project Role: Remediation Strategies Task Manager and Implementation Plan Percentage of Time Devoted to Project: 20 % Mr. Tracy has more than 49 years of experience in engineering, geology and project management in a variety of assignments. Mr. Education: Tracy's former employment includes the US Army Corps of M.S., Civil Engineering, Texas A&M Engineers, Fort Worth District. While at the district he was University, 1964 respon$ible for implementing the 404-permit program (PL 92-500). S.S., Geology,Texas A&M Mr. Tracy has authored manuals for drainage design and water University, 1954 quality protection. Listed below is a partial list of his projects: • Developed the first dredging projects for lakes on the Elm Professional Registrations: Fork of the Trinity River and Hackberry Creek. Registered Professional Engineer, • Developed a comprehensive plan for erosion control and slope Texas, 1979, #44197 stability repair for the development's fifty-odd lakes and Corrective Action Project Manager, waterways at the Las Colinas Development in Irving, Texas. Texas, #00287 Obtained eight separate hydraulic dredging permits. • Obtained hydraulic dredging permits for Hackberry Creek Country Club in Irving and the Denton County Country Club outside Denton, Texas. Disposal methods Included sedimentation ponds, hay bale and silt fence combinations and geo-tube containments. • Designed dredging programs and disposal options for eight channel lakes in Irving, Texas. • Supervised permits for multiple wetland mitigation projects and jurisdictional waterways. • Prepared an environmental master plan for the 12,000-acre Las Colinas Development resulting in two general 404 permits from the Coros of Engineers for slope repair projects and lake dredging. Dominic Di Tore, Ph.D. Principal Consultant, HydroQual, Inc. Project Role: Special Studies Task Manager and Remediation Strategies Percentage of Time Devoted to Project: 20% =map Dr. Di Toro received the 1997 Society of Toxicology and Education: Environmental Chemistry (SETAC) Founders Award, Ph DUnive the Civil Engineering, Princeton society's highest award, for his contributions to the field of l environmental science in general and his contributions to water niversity, 1967 quality modeling in particular. He has specialized in the M.A., Electrical Engineering, r development and application of mathematical and statistical Princeton University, 1965 analyses to stream, lake, estuarine and coastal water quality and sediment problems. For the past ten years Dr. Di Toro has been B.E.E., Electrical Engineering, providing overall technical direction to the EPA's sediment quality I Manhattan College, 1963 criteria development efforts. While serving in this capacity he has coordinated the work of experts from a wide range of organizations and scientific disciplines. Dr. Di Toro has participated in or directed over 50 water quality control projects involving water quality analysis and mathematical modeling. He is the author of the recent textbook Sediment Flux Modeling (624 pages, Wiley Interscience Series). 1 { of Fort Worth ORT WORTH■ r • r Services fes" Cletus R. Martin, P.E. Project Manager, Alan Plummer Associates, Inc. Project Role: Remediation Strategies Task Manager and Implementation Plan Percentage of Time Demoted to Project: 15% N Mr. Martin has been involved in permitting, design, and construction administration for approximately 12 years. His Education: practical construction knowledge is extremely valuable in Masters of Theology, Dallas PP evaluating various design options. Mr. Martin has designed over Theological Seminary, 1988 40 projects, most of which included significant sediment control B.S., Civil Engineering, Purdue features, beyond the minimum required by regulations. Mr. University, 1980 y„ Martin's representative projects include the following: Performed design, permitting and construction administration Professional Registrations_ of the pond restoration at Randot Mill Park in Arlington, Texas. Registered Professional Engineer, Designed erosion control structures for 12 sites for Trinity Texas, 1996, #81507 River Authority where Ten Mile Creek was undermining the interceptors. Performed design, permitting and construction administration of the lake restoration at City of Duncanville's Lakeside Park. This project included a Section 404 permit with the Corps of Engineers, dewatering, excavation, and disposition of 16,000 cubic yards, The Corps of Engineers' permit included mitigation with wetland plants_ Loretta E. Mokry Senior Environmental Scientist, Alan Plummer Associates, Inc. Project Role: Remediation Strategies Task Manager; and Implementation Plan Percentage of Time Demoted to Project: 20% Loretta E. Mokry has 15 years experience in environmental and Education: . ecological studies. Ms. Mokry has served as project manager for M S. Environmental Science, Texas many APAI environmental projects involving constructed wetlands Christian University, 1989 and assessment of natural systems. These projects frequently involve the protection, creation, restoration, andfor enhancement B.S., Aquaculture, Texas A&M of aquatic resources utilizing native vegetation. Ms. Mokry was University, 1979 instrumental in establishing the Texas River and Reservoir Management Society(TRRMS) and served as president in 1995, Specific project experience includes: ., 0 Managed Pilot-Scale Constructed Wetland Demonstration Project for Tarrant Regional Water District to provide treatment to water diverted from the Trinity River for supplementing the yield of water supply reservoirs. Assisted with extensive monitoring, sampling, and data analysis conducted to determine flow balances and mass balances for pollutants. Performed feasibility study for the City of Fort Worth for enhancement of natural wetlands around the Fort Worth nature Center and Refuge to reduce pollutant loadings into Lake Worth. identified and defined water quality goals and developed designs for wetland enhancement demonstration project as part of the Lake Worth Clean Lakes Project. An intensive monitoring program was also implemented to assess pollutant removal performance of the wetlands. • Development of a master plan for Section 404 permitting and mitigation plan development for the lakes at Las Colinas, Texas. ILL ALAN 11LUNIMF'R V:'SOCIATFS, INC. R �� ity of Fort Worth FORT WORTH s. •-Chernical Research and Consulting Services KESERRCH EXP'EKIENC:I; The key staff members identified in this submittal have conducted similar research with comparable magnitude for numerous projects. We have undertaken water quality management studies for APAI has undertaken water quality M most of the lakes in North Central Texas. These studies management studies for most of the have included a variety of approaches, including design of lakes in forth Central Texas, sampling studies, analysis of data, examination of water quality trends, evaluation of the relative importance of point source and nonpoint source pollutant loadings, determination of sedimentation rates, mathematical modeling ■ of water quality, evaluation of water quality impacts, projections of future water duality, and recommendations for watershed management approaches to protect water quality. We have performed take studies for Eagle Mountain Lake, Lake Benbrook, Richland Chambers Reservoir, Cedar Creek Reservoir, and Lake Arlington for the Tarrant Regional Water District, for Lake Ray Hubbard and Lake Ray Roberts for the City of Dallas; for Lake Lavon for the Norih Texas Municipal Water District; for Lake Lewisville for the Upper Trinity Regional Water District; for Grapevine Lake for the Trinity River Authority; for Lake Worth for the City of Fort Worth; and for the Los Colinas takes for the Dallas County Utility and Lake Arlington Reclamation District. APAI has evaluated many other Texas 9 lakes for other agencies such as the Brazos River Authority, Lower Neches Valley Authority, Sabine River Authority, Sulphur River Basin Authority, and others. Pesticides, such as chlordane and diazinon, and several metals have been identified to be pollutants of concern in the upper Trinity River Basin. Several studies of runoff and local receiving waters by the Trinity River Authority (TRA) and the North Central Council of Governments (NCTCOG) have led to this conclusion. APAI completed a study for the Trinity River Authority and the Texas Clean Rivers Program that compared the magnitude and relative water quality impacts of point source and nonpoint source loads of these toxic Lake Lewisville chemicals. APAI completed a study for the APAI collected and summarized extensive water quality data for Trinity River Authority and the wastewater treatment plants, urban runoff, and rural runoff. Texas Clean Rivers Program that Loading of these toxic constituents from Tarrant County and compared the magnitude and Dallas County were compared for point sources and nonpoint relative water quality impacts of sources. The final report concluded that average point source and nonpoint source concentrations, maximum concentrations, and annual loadings mads of these tox r.chamirals. of many of these toxic substances were substantially higher for local storm water than for local treated wastewater. 1"4llIl;W rban Lake Physio-Chemical Research and Consulting Services Dr. Dominic Di Toro and HydroQual, Inc., are highly regarded as researchers in the field of toxic constituents in waterbody sediments. Dr. Di Toro received the 1997 Society of Toxicology and Environmental Chemistry (SETAC) 'Founders Award, the society's highest award, for his contributions to the field of environmental science in general and his contributions to water quality modeling in particular_ For the past ten years Dr. Di Toro has been providing overall technical direction to the EPA's sediment quality criteria development efforts. " He has participated in or directed over 50 water quality control projects involving water quality analysis, mathematical modeling, and the evaluation of toxics in sediments. Dr. Di Toro is the author of the recent textbook Sediment Flux Modelina (524 pages, Wiley Interscience Series). He has directed many projects at HydroQual related to the characterization and management of toxic substances in sediments and the aquatic food chain. The following list is a selection of the types of research projects that HydroQual, Inc. (HQI) has undertaken: • A Model for the Evaluation and Management of Contamination of Concern in Water, Sediments and Biota in the New York/New Jersey Harbor. Specific contaminants of concern were PCBs, dioxin, PAH compounds, DDT, chlordane, mercury, cadmium and other toxic compounds. The end result of this three-year study was to provide state and federal agencies with information and tools for contaminant reduction programs and management programs forcontaminated dredged materials. ■ Development of a Bioaccumulation Model for PCB and Metals in New A food web model was Bedford Harbor, Massachusetts. As part of this study, HydroQual constructed which participated in the development of a comprehensive field program to tracked the toxic measure contaminants in the water column, sediment, and fisheries. constituents in fish, A food web model was constructed which tracked the toxic crustaceans, and constituents in fish, crustaceans, and benthic invertebrates. benthic invertebrates. • Evaluating the Likelihood of Sediment Recontamination In Proposed Dredging Areas in Lake Waban. The study evaluated the potential for influx, settling, resuspension and contamination of sediments following dredging activities. • Fate of Toxic Chemicals in Contaminated Sediments in the Pawtuxet River. Approximately 115 toxic substances had accumulated in the sediments of the river, including PCBs, organic compounds, and metals. HQI designed a data collection program, calibrated hydrodynamic and sediment transport models, and tested the response to a variety of corrective action programs. • HQI has studied a variety of waterbodies with the objective of developing refined tools that can be used in assessing the environmental response to potential remedial scenarios. Several example projects are Waukegan Harbor PCB Fate and Bloaccumulation;Transport and Fate of PCBs in Watts Bar Reservoir; Modeling of PCB Fate and Transport in the Housatonic River; and Fate and Transport of PCBs in Green Bay, Wisconsin. Green gay, Wisconsin Housatonic River ity of Fort Worth FORT NORTH rban Lake Physio-Chernical Research and Consulting Services PE T- LCl"�DERSFRNDING AND A�'�' OH R-Ci PROJECT UNDERSTANDING The City of Fort Worth (City) currently has several water bodies, within the City limits, for which the Texas Department of Health (TDH) has issued Aquatic Life Orders prohibiting the consumption of fish. These consumption bans were issued following the discovery of elevated concentrations of legacy pollutants in fish tissue samples taken from the water bodies. The impacted water bodies include three urban lakes (Lake Como, Fosdic Lake and Echo Lake) as well as two stream segments, one on the Clear Fork Trinity River and the other on the West Fork Trinity River. As a result of the Aquatic Life Orders, each of the above water bodies was placed on the State of Texas 303(d) list, requiring that the state develop a total maximum daily load (TMDL)for each pollutant contributing to the impairment of water quality within these water bodies_ These TMDLs were carried out and summarized in a report prepared by the Texas Commission on Environmental Quality (TCEQ; formerly TNRCC) in November 2000. The conclusion of the TMDLs was that, since no discharge of the legacy pollutants is currently permitted, natural attenuation through degradation and continued burial of contaminated sediments are the primary means by which the concentrations ultimately can be reduced within the fish. According to the Fort Worth Environmental Management Web Site and TCEQ documents, the lakes have the following characterlstics: Lake Como - Lake Como (Segment 0829A) is a 10.1-acre man-made lake, impounding an unnamed tributary of the Clear Fork (Segment 0829) of the Trinity River. It is located in Lake Como Park in West Fort Worth, approximately five blocks south of Interstate 30. Lake Como was impounded in 1889. The area was originally a recreation resort with a pavilion, casino, amusement rides, and a power plant. The lake drains a watershed of approximately 743 acres that is approximately 65 percent residential. Pollutants of concern are ° - Chlordane, DDT, Dieldrin, and PCBs, Fosdic Lake - Fosdic Lake (Segment 0806A) is a 7-acre man-made `1 lake impounding an unnamed tributary of the West Fork (Segment 0806) of the Trinity River. It was impounded in the early 1900s and is located in east Fort Worth in Oakland Park, approximately two blocks south of Interstate 30. The Park was named after E.E. Fosdic, who bought the property in 1909 and developed the Inverness Club and lake over the next three years. The Fort Worth Parks Department bought the property in 1927. The lake drains a watershed of approximately 292 acres that is approximately 75 percent residential. The pollutants of concern are Chlordane, DDE, Dieldrin, and PCBs. Echo Lake - Echo Lake (Segment 8065) is a 16.8-acre man-made r�i - lake impounding an unnamed tributary of Sycamore Creek. It is located in Echo Lake Park in southeast Fort Worth, approximately two blocks east of Interstate 35. The lake was impounded in 1919 and named INGN Lake, after the International Great Northern Railroad, which utilized the take water for its trains. Echo Lake drains a watershed of approximately 632 acres that is approximately 55 percent residential and 30 percent industrial. Echo Lake is owned by _ Tarrant County, The pollutants of concern are PCBs. 16 ALAN- 5 LUMMER ASSOCIATES, INC.1 ® fe4iO�Ys.MK1w Y�'! dt ity of •rban Lake Physio-Chemical Research and Co"sulting Services �RT ''�RTH Since issuance of the Aquatic Life Orders, the City of Fort Worth has taken a proactive approach to addressing the legacy pollutant problem. In May 2000, the United States Environmental Protection Agency (EPA) awarded a grant to the City to determine whether there are cost-effective options for returning the City's urban lakes impacted by legacy pollutants to a "fishable" condition. As a part of this grant, and in collaboration with the United States Geological Survey (USGS), a study was undertaken to evaluate current loadings, sources and trends of the legacy pollutants into the three urban fakes. The results of this study have currently been documented in draft form by the USGS. ., As part of the EPA grant, the City has asked Alan Plummer Associates, Inc. (APAI) to review the USGS report and evaluate potential strategies for reducing the concentrations of legacy pollutants in the lakes and eventually in the fish and hence, removing the consumption Mans from the three fakes. The following section details the individual tasks proposed to accomplish this goal, PROJECT SCOPE Task 7 - Review pertinent data: APAI will review the report entitled "Occurrence, Sources and Trends in Legacy Pollutants in Forth Worth, Texas, Streams and Lakes," prepared by the USGS for the City. In addition, any other relevant data, memorandums, or reports provided by the City and other agencies will be reviewed in order to gain insight into existing and historical conditions within each of the three lakes' watersheds. This information may come from USGS, TDH, TCEQ, and other sources. This task will also ' include a kick-off meeting with City staff. Although the legacy pollutants will be the primary focus of this project, discussions will be held with the Environmental Management staff to determine the value of looking at other pollutants (such as metals) that have been sampled in the lakes. Meetings will also be held with the USGS personnel familiar with the lake data to obtain additional insights into the characteristics of the accumulation of pollutants in the lakes. Task 2 - Summarize and Evaluate Relevant Hata: Pertinent information from reports and other data sources will be summarized in a format that provides a historical perspective regarding the accumulation of the legacy pollutants in the lakes. Rates of increasing and decreasing accumulation of pollutants in sediments, lake water, and fish tissue will be investigated and summarized, where possible. Trends will be summarized and discussed. Potential reactions and fluxes of pollutants at the sediment-water interface will be enumerated. Task 3 - Review Approaches for Similar Polluted Lakes: Literature will be reviewed for experiences in the remediation of other water bodies. These experiences may include dredging, fish replacement, r„ treatment of runoff, constructed wetlands, sedimentation ponds, use of sorbants, no-action,. and similar strategies. Conversations may be held with some of the principal investigators for these studies. These experiences will be summarized. Task 4 -Special Studies: At this point in the investigation, one or several short-term special studies can be undertaken. The topic of these studies will depend on what questions may have been raised during the evaluation thus far. Special studies might include a simple model of the accumulation of a particular pollutant within the food chain, calculations of flux rates between the sediment and the water column, the investigation of the properties of materials that could absorb the pollutants in place, some simple laboratory analyses of settling properties, or other investigations. Possible topics for these special studies will be discussed with the Environmental Management staff prior to implementation. ity of Fort Worm Fo RT WORTH rban Lake Physio-Chernical Research d Consulting Task 5 - Evaluate remediation strategies: APAI will evaluate potential strategies for reducing concentratlons of the legacy pollutants to acceptable levels in the lakes and fish tissue. The evaluation will include identification of available strategies, the potential effectiveness of each strategy, Best Management Practice (BMP) opinions of probable cost, and consideration of other adverse (or positive) environmental impacts. As these strategies are being developed and evaluated, they will be discussed with the Environmental Management staff_ Task 6- Prepare technical memorandum: Following completion of the evaluation, APAI will prepare a technical memorandum summarizing the results of the evaluation Five (5) copies of the memorandum will be provided to the City. Following review by the City, a meeting will be held with City staff to discuss the findings, address any concerns and discuss preferred implementation strategies for each lake. Task 7 - Prepare implementation plan: Fallowing review by the City, and agreement on a preferred remediation strategy for each lake, APAI will prepare a plan for implementing the selected strategy in each lake watershed, Depending on the final strategies selected, this plan may include recommended sampling programs, discission of steps necessary to implement any treatment technologies, and proposed scheduling of each task or phase within a given strategy. No design of any recommended faalities will be provided as part of this task. Five(5) copies of the implementation plan will initially be provided to the City in the form of a draft report. Following review by the City, a meeting will be held with City staff to discuss the implementation plan and address any concerns prior to completion of the final report. Upon completion, five (5) copies of the final report will be submitted to the City. Budget The anticipated budget is estimated as $90,000. If preferred by the City, this budget and scope can be refined through discussions with the Environmental Management staff before the project is initiated. Schedule APAI is ready to begin the project immediately. The completion date will be determined through discussions with the Environmental Management staff before the project is initiated. The length of the schedule will primarily depend upon the needs of the City of Fort Worth. 0 -- - - - . 00 0 ® � � 2 cn . L $ 0 r uj Q49 IAg ± OM O 4; 0 AN / \ § w (D Ck / \ � CL 2 c2IL R L)73 Jk / I 0 -- - - - Q Si n k = R \ C , w @ f -ju q d > oc @ / /\ \ \coco UJ CD � C: d S D - .E _ Z2 U) 2 E � 2 \ � 13 c: 6 m 2 -C $ ƒ \ j \ b 7 \ d C) Cr \ o ƒ a /� ? cc (D � \ op < 2 S ƒ ? m LU E / /? m § 2 / 2 q - - - LL > 0 � / o e / 2 CM Z) C: E k � . 3E . / / _ A c a Cc % (D & I - em — A� URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT WORTH ASSLie—, AND CONSULTING SERVICES 2.9 PRaVIDER°S LICENSES AND CERTIFICATES Provider shall procure all permits and licenses, pay all charges, casts, and fees. and give all notices necessary and incident to the due and lawful prosecution of the work. Provider must provide a copy of the appropriate certifications, registrations, and licenses and related certificates (including subcontractors) with their submittal. Provider should include copies of the Company licenses and certificates from appropriate regulatory agencies and provide copies of individual licenses and certificates upon request from the City. ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE r i� 1 1 N� UEM03-008:UL .. September 18, 2003 2-9 I t` 1 t z ^ Z + "'�4 0 0 LLJF- w Qa co m 03 0 In cu � V 0 Fes! FA �■■+ H N boC/5 C) a cn C4 © v o �. 4-4 Q c ) M w J w w qw `--, i &dAl* or rasisleMloll too pnwls"oft" swatwrus THE STATE :4' OF TEXAS r .. -rrrrr.- rs I BE IT KNOWN THAT Alan i#. llhttnwr. X r. HAVING GIVEN SATISFACTORY EVIDENCE OF QUALIFICATIONS REQUIRED BY SEC. 12a . SENATE BILL N0. 74. ACTS REGULAR SESSION, 45TH LEGISLATURE OF TEXAS, IS GRANTED THIS CERTIFICATE OF REGISTRATION AND IS HEREBY AUTHORIZED TO PRACTICE AS A -. PROFESSIONAL ENGINEER 50 LONG AS TMI5 CERTIFICATE, 15 NOT REVOKED AND 19 RENEWED ACCORDING TO LAW STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS 1N WITNESS WHEREOF. WE HAVE HEREUNTO SET OUR HANDS AND AFFIXED THE SEAL OF THE BOARD AT THE CITY OF AUSTIN,THIS 9th DAY OF JLJ LY. 3969 r OBER 29230 zmrcr rr l "Age of "4msv"vodm THE STATE OF TEXAS BE IT KNOWN THAT ,a o nathan)Jo u ng HAVING GIVEN SATISFACTORY EVIDENCE OF QUALIFICATION REQUIRE© BY SEC. '24 SENATE BILL NQ 74, ACTS REGULA SESSION. 45TH LEGISLATURE OF TEXAS. IS GRANTED THIS i - CERTIFICATE OF REGISTRATION AND IS HEREBY AUTHORIZED TO PRACTICE AS A PROFS 1.,7 SIONAL �J so LOW As THts CE"ilrICATE 12 kOT AtVOKED AND 13 RLMEWED ALCORDINO TO LAW STATE WARD QP REGISTRATION FOR PROFESSIONAL ENGINEERS IN WITNESS WE HAVE HEREUNTO SET OUR HANDS ,AND AFFIXED THE SEAL OF THE BOARD AT THE CITY Of s '{ AUSTIN,THIS 15TH DAY OF JAMVARY, 1C)a I. r SEPUAL 4 5 35 �r.3+4yr4 • M1�AlEll �TI►RY W r sa►ss w rrNrttsrlorr �,CV � tN+rMrrtu+srsa rwr+rrras THE STATE car OF TEXAS t BE IT KNOWN THAT a c jfo � Zracg HAVING GIVEN SATISF CTORY EVIDENCE OF QUALIFICATIONS REQUIRED BY SEC.I2 ), SENATE BILL NO. 74, ACTS REGULAR SESSION. 45TH LEGISLATURE OF TEXAS. IS GRANTED THIS CERTIFICATE OF REGISTRATION AND IS HEREBY AUTHORIZED TO PRACTICE AS A ik ESSIONAIL ENGINEER 50 LONG AS THIS CERTIFICATE is NOT REVOKED AND IS RENEWED ACCORDING TO LAW i # ' STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS lAt W1 ME WE HAVE HEREUNTO SET OUR HANDS AND AFFIXED THE SEAL t OF THE BOARD AT THE CITY OF AUSTIN,THIS 25TH DAY OF )A"UA my, 19-7 47. C"Ah" SERIAL NWWA 4419-7 ARY rags BOARD ar. Z PROFEBSKK►�gr�r1 THE STATE OF TEXAS BE IT KNOWN THAT Ellen# -Thomas.MDonald HAVING GIVEN SATISFACTORY EVIDENCE OF QUALIFICATIONS REQUIRED UNDER THE TEXAS ENGINEERING PRACTICE ACT, TEXAS CIVIL. STATUTES, ARTICLE 3271 a, IS GRANTED THIS - LICENSE TO PRACTICE AS A .'PROFESSIONAL 'ENGINEER IN THE STATE OF TEXAS PROVIDED THIS LICENSE IS NOT REVOKED AND IS RENEWED ACCORDING TO LAVH I TEXAS BOARD OF PROFESSIONAL ENGINEERS IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND AFFIXED THE SEAT. OF THE BOARD , Y AT THE CITY OF AUSTIN, THIS 6TH DAY OF FEBRUARY, 1999. iO&W CHAA sEMt WMBFR $4731 10AM UCIWFARY y�. .Iti.�'11� 1•. Iwo _ _ _ •-i'�_ }..� _ _ � _�.t_ist i�f _ U yy l a � E 0 o tr �xrM 4W FECEMATM PUN n +erf eea+m R THE NATE OF TEXAS BE IT KNOWN THAT Cletus .Robert Martin HAVING GIVEN SATISFACTORY EVIDENCE OF QUALIFICATIONS REQUIRED BY SEC. 12(a)l. SENATE BILL NO. 604, ACTS REGULAR SESSION,70TH LEGISLATURE OF TEXAS IS GRANTED THIS CERTIFICATE OF REGISTRATION AND IS HEREBY AUTHORIZED TO PRACTICE AS A " Plnk'""IFESSIONAL ENGINEER S©LONG AS THIS CERTIFICATE IS NOT REED AND 13 RENEWED ACGORDING TO L.AW STATE BOAR[ 'OF REGISTRATION FOR PROFESSIONAL ENGINEERS IN KqTNESS F WE HAVE HEREUNTO SET OUR HANDS AND AFFIXED THE SEAL OF THE BOARD > z AT THE CITY OF AUSTIN, THIS 26TH DAY rf OF JULY, 1996. F- BOARD CHAIR SERA rAA � NLQABER �7V BOARD SECRETARY 1 .,1W ALAN PLUMMER URBAN LAKE PHYSIO-CHEMICAL RESEARCH 14M AND CONSULTING SERVICES 2.11 INSURANCE CERTIFICATES 2.11.1 FOR PURPOSES OF THIS REQUEST FOR PROPOSAL, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE. 2.11.2 The successful Provider will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Provider shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Provider submit its entire policy for inspection. A. Commercial General Liability Insurance - $1,000,000 each occurrence. B- Professional Lbili _ ns ujam - $1,000.000 each ocurrence. C. Autombile Liahil"ty Insurance - a) Coverage on vehicles involved in the work performed under this contract: * $1,000,000 per accident on a combined single limit basis or: + $500,000 Bodily injury/person + $500,000 Bodily injurylaccident * $250,004 Property damage b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000 Bodily injury each accident: $15,000 Property Damage each accident. D a) Statutory limits for Worker's Compensation plus b) employer's liability at a minimum: + $1,000,000 each accident; + $1,000,000 disease - policy limit: and * $500,000 disease- each employee. E. The following shall pertain to all applicable policies of insurance listed above: 1. Each insurance policy required by this Contract, except for Workers Compensation insurance and professional liability insurance policies shall be endorsed to include that the City of Fort Worth, its officers, agents, employees, representatives, and volunteers as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Fort Worth. 2. Subcontractors shall be covered under the Provider's insurance policies or they shall provide their own insurance coverage: and, in the latter case, documentation of coverage shall be submitted to the Provider prior to the commencement of work and the Provider shall deliver such to the City. 3. Prior to commencing work under the contract, the Provider shall deliver to the City of F=ort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. DEM03-008:UL September 18, 2003 2-11 ALAN PLUMNIER URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT WORTH , AND CONSULTING SERVICES 2.10 VENQQB'S COMELIANCE-WITH STATE LAW Me e The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE§ 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being deolared non-responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate-with its bid, the Statement of Residency Form. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "resident bidder" as a bidder whose principal place of business" is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident bidder" as a bidder who is not a resident. V Bidder's complete company name: &6N PLUMMER ASSOCIATES INN State your business address in the space provided below if you are a Texas Resident bidder: R41 W Mitchell Street, Arlington,JPxas 76013 State your business address in the space provided below if you are a Nonresident bidder: `The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity: Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and Has at least one employee who works in the Texas office Farm prepared by: P. J ata Young, Ph.D., P,E , enior V11 ect Manager (Name) ( ) Dater October 1, 2003 _ T e■ D E M03-008:UL mr September 18, 2003 2-10 ACORC CERTIFICATE OF LIABILITY INSURANCE DATE ,M 06/25/2003 J PRODUCER McLaughlin Brunson Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9535 Forest Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES B€LOW. Dallas TX 75243 INSURERS AFFORDING COVERAGE "Sege° Alan Plummer Associates,Inc. INSURER A: United States Fidelity and Guaranty Company 7524 Mosier View Court INSURER B: SecuritXnsurance CO. of Hartford(DPIC Co.) Suite 200 INSURER C: Fort Worth TX 76119 INSURER D: INSURER E: cavERAGI=s THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTRNDING ANY REQUIREMENT, TERM OR CONMTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY eE ISSUED LIR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I T13 INSR POLICY EFFECTIVE PQLICY DN TYPE OF INSURANCE POLICY NUMBER FJfPIRATILIMITS GEN ERAL LIABILITY BKO1401051 06/I5/2003 06/15/2004 TIL OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY OAMAG€ An �naTrce S 1,000,000 CLAIMS MADE �OCCUR MEDXP(Any one ryon S 10'000 X Contractural Liab ONAL a AOV INJURY s 1,000,000 X XCU Covered RAL AGGREGATE S 2,000,000 GEN'LAGG,REGATELIMITAPPLIES PER, : UCTS-COMPIOPAGG S 2,000,000 POLICY X PRO- LOC FCT AUTQMORILELEABILITr BK01401051 106/15/200306/15/2004 INED SINGLE LIMY ANY AUTO WdaM) $ 1,040,000 ALL OWNED AUTOS BODILY INJURY SCHEDU LED AUTOS rson] S X 1 HIRED AUTOS BOO ILY INJURY X NON-O WNEO AUTO$ cident) S ?� There are No Owned PROPERTYDAMAGE Autos (Per awl S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN FA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S OCCUR Ll CLAIMS MADE AGGREGATE S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND WC STATU- 15TH-[ EMPLOYERS'LIABILITY i E.L.EACH ACCIDENT S E.L.DISEASE-EA EMPLOYEE S E.L.DISEASE-POLICY LIMIT I S IM OTHER I JH Professional AEE0229977 05/09/2003 05/09/2004 S 1,000,000 Per Claim/ Liability Annual Aggregate DQCRIPTION OF or eRATIONSILOCATTOWYEHICLESMXCLUSIONS ADDED BY ENDO RS EMENTISP ECIAL AROVISIONS T ;claims made professional liability Coverage is the total aggregate limit for all claims presented within the policy period and is,ubject to a deductible. CERTIFICATE HOLDER ADDITIONAL INSURED,•INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Master Certificate DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL l0 DAYS riRrrTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT,BUT FAILURE TG 00 S8 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATINES. AUTHORIZED REPRESENTATIVE Pzt;z-C7&P- A-a!)RD 2"(7197) ACORD CORPORATION 4988 F-A-CORR CERTIFICATE OF LIABILITY INSURANCE of,10 car PATC{MM21GYVyyI PLrl —02 [39 01 03 rAaeucea THIS CERTwicATE iS 155SJa0 AS A MATTER OF IFYFORMATIOIN ONLY AND CONFERS NO BIGHTS UPON T14E CERTIFICATE AC£CMAR513 HOLLER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 bfasket St, ste_ 2600 ALTER THE COVERAGE AFFORDED BY THE POUCiES BELOW. 5t. Louis XO 63101-2500 Phone- 800-338-1391 Fax- 868--621-3373INSURERSAFFORDING COVERAGE NAICR r>r3uREo wsuaEAA: Ha.rtaEord Insxxr4t7aee Com�aanY 22357 WMJF ER 9 Alan Pl.ununax rYxsao. , Zs�a. :A,tt- his. .Anna Lc wnons rHar,�R� 7524 Mcosj,&r View court Ste.200 Ns1REaea Fart Ffox-th TX 76118--771la rrKVl7ER E COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BCEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATE DA NOTWUH57ANDINC, ANY RCCUI1111ME?NT,TERM OR CONDITION OF ANY C:NvTRACT OR DTH{;R DOCUMENT WTTH RZ5P9CF TO VM1CK TF43 CE RTrFWATE MAY 9E fSSUED OR MAY PERTAIN.THE INUURANC6 AFFORDED 8Y THE FoLJCIES DE5CHIAFJ:)HEREIN IS SUIJJECT TO ALL THE TEAMS.F:t;LUSIONS AND CONDITIONS OF SUCH POLICIES,AGGRI-GATE LIMITS SHOWN MAY HAVC BEEN SEDUCED BY PAI{]CLAIMS- poLlCy rtVMAEY oUc C CT i p1Ai tlo LTTE RPRD Ti a oT q.MLIAANCE PA7f Lmm2btvYYj PATy �1M+Po/YY I.IMrT7 DE7/SRAL LIADILJT r 5-CIN GCCVORENIGE �E-tiie7LTR .. COMMEkC1AL DEI'ERAL L'A£IIJTY L+r.�E>,Ih'IEd{Ca Drr uYeM r.} f CLAN2 MADE CCCuR L$$J Exp(Arty PfR'/v ml S 1 PER90NAL A ADV INJURY ¢ GCRCfrH.f.Gl:ltERAIT! f FL L AGGREGA TL•LJMlT APVLC PrXF, f'FIOUIIC!,�'•L'YaNNIIaG App T POLR:Y ,DC7 Loc AUTawIPe Lru►aRrTr C cwvrt+r•vwGL6 umtlT s AMY Alli D ALL OHTkffA AVT MB pC+p1-r IrwFv s . rCHCWLrP N1Tr3y {Per Pennnl H REO onus poplL7 rc>rJRY s rfCrf lT'+T'C7 WTO7 lPrr►e[Pdrnq CRONERTY DAWAOE : aaruac UARPLITY AFT a q Lx_gA AcaderT ANYAUTO OTHER THAN - AV I o c3f+rv; AC[` i f Xc EfNLI1�RE114 L14pILJTT EA.CII ODLvwETA:C_ , nf.Y.up GL-Q-0 MACE Af$,ZMZMATF. r Y s Dt'OIfGTIQLl: s RCTklrrtloN s � OTW W*RXER7 CaMPGNEATTaN ANb TGRV L�7A• ER E#APLDTER!'L14D WYT / H4WHGLxx 932D IL//aI/0Z 17/01/03 GL.EA.CF6 nCClDEHT ANY Ffii7AR E:T nAlPAF'Ry�+A5]IECvTrvE - i FF-RC RtMEWsERFaref,UDeOT . C.L.DN*ABC-EAEwLorrf t 1,000E,Q00 e ,xrc.ne Barr F= -815EABE-PccryLmr s 1,000 d00 ;x+kwL ssern9�an s a do.l , rrTNu aR'1CfiF7Ia N DF DF6 RATL+N�F C¢[AT!oN5 7 YL HICL!J r Ey CLY 91GN9 AitiDE P O7 GN poRT+sTnAN'r 1 Ap Ei W.TA Wtftl ONE w ERTIFICATE HOLDER CANCELLATION FORFROP 1pouL.O AHY❑r TN!A19OVI I7k11CAllL!P FDLUCIA7 PL ClJl&1L sn VIeF"ETHE WIFTRATMM VATC TN"�A%Ebl.roe.V1 IIUI Nd 1 NGvpyA WllC c CAVA 12 Td MAIL 30 PAYn W;ITTf4 N OTE C p'TO YNL C9ATIR CATE HOLD 6R K04ZO 70 TM 11 Lt".17 VT FAILV R&To 00 p❑SHALL LMF 0 0 E NO 0 134 PATI DAI 04 L1 AhlLlTV OF ANY KPNp UP014 TMG INTu 9110,MI AQERY1 OR FOR PROPOSAT, PUB20SES 01117 ft"Rr9E3JTATlVFlt. ALrTHtl RTLEA R6PTNE� Q.. P :aRD 25(200110B) 0 ACORD C0RF0RAT;bN 7988 ALAN PLUMMER URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT FORTH AND CONSULTING SERVICES 4- Each insurance policy required by this contract shall contain the following clause or reasonably equivalent terms: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Director of Environmental Management. City of Fart Worth, 1000 Throckmorton, Fort Worth, TX 76102-6311."- 5. The insurers for ail policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Director of Risk Management for the City of Fort Worth. 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved." DE M03b008i UL September 18, 2003 2-12 URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT WORTH AND CONSULTING SERVICES 2.12 Provider's legal and compliance history is a critical component of this Request For Proposal. Read this section with care and respond accordingly. Failure of the Provider to provide all the information requested and to certify the report, will result in the Provider's submittal being declared non-responsive- Provider shall attach a written report of legal action brought against Provider; Provider's officers; f Provider's employees; ANQ Provider's proposed subcontractors The report shall include all legal action brought within five (5) years of the civsing date of this Request for Proposal- The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agencies the Texas Natural Resource Conservation Commission, Texas Water Commission and the Texas Air Control Board), the Texas department of Health, and any other state agency, commission or department, whether in Texas or elsewhere, as a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, rretatnq to the protectJon of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, and criminal prosecution. 'Legal action also means any civil litigation brought by any personreel tirl to o the Protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of: (a) Hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum. industrial waste, solid waste, pollutants or contaminants into or onto the: (1) Air, surface water, drinking water, groundwater,. storm water, publicly owned treatment works, or land. DEM03-008:UL - September 18, 2003 2-13 ALAN PLUMMER URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT WORTH ASSOCIATES, TNC. AND CONSULTING SERVICES THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Provider, using the form on the following page. The top portion of the form is to be completed if a report Is attached. The bottom portion of the form is to be completed if Provider has no legal actions to report. An authorized representative of the Provider shall mean (1) if the Provider is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) if the Provider is a partnership, a general partner; and (3) if the Provider is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT FOLLOWING THE CERTIFICATION PAGE BOUND WITHIN THE PROPOSAL. PACKAGE DEM03-008:UL September 18, 2003 2-14 ASSOCIATES,ALAN PLUMMER ! URBAN LAKE PHYSIO-CHEMICAL RESEARCH FORT NORTH y AND CONSULTING SERVICES Certification of Provider's Legal and Compliance History Complete QNE, of the Fallowing Certifications: I certify under penalty of law that the attached report of Provider's Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted 'Sr to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: BY: Company Name (print or type name of signatory) (signature) Title (print or type) Cate I certify under penalty of law that the legal and compliance history of Provider. Provider's officers, Provider's employees, and Provider's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. I hereby certify that no legal action relating to the protection of the environment was brought against Provider, Provider's officers, Provider's employees, or Provider's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: ALAN PMM11lIERASSOCIATES, INC BY: A Lee Head III PF_ Company Name (Print or type name of signatory) �; L /�," �, Princilpal (Signature) Title(print or type) Octoher 1. 2003 Date DEM03-408:UL September 18, 2003 2-15 - ASSOCIATES. URBAN LAKE PHYSIO-CHEMICAL RESEARCH F`0�oRTH _ AND CONSULTING SERVICES 2.13 BONDS 2,13,1 security Bond The Contractor shall submit with its bid a cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 'live percent (5%) of the total of the bid submitted. The bond is subject to forfeit in the event the successful Contractor fails to execute the contract documents within ten (1 d) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current.U.S. Treasury List of Acceptable Sureties (Circular 870), and the amount of the bond shall not exceed the amount shown on the Treasury list, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of"texas. ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE DEM03-008:UL - September 18, 2003 2-16 ___p ALAN PLUMMER URBAN LAME PHYSIC}-CHEMICAL RESEARCH FORT WORTH ASSOCIATES, INC..h_ AND CONSULTING SERVICES 2.13.2 Payment and Performance Bands The successful Contractor shall, upon entering into a contract with the City, be required to give the City surety in a sura equal to the amount of the contract awarded under certain circumstances. If the contract amount is in excess of $25,000, a Payment Bond shalt be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract, and conditioned on the faithful performance of the work in accordance with the plans. specifications, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. No direct compensation shall be paid to Contractor for the costs of obtaining bonds. The form of the bond shall he as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of the Texas Government Code Chapter 2253. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury fist of Acceptable Sureties (Circular 8701), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1110) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. ALAN PLUMMER URBAN LAKE PHYSIO-CHEMICAL RESEARCHE�qw AND CONSULTING SERVICES 2.13.2 P_ayrnCt1kand P-erformance Bonds The successful Contractor shall, upon entering into a contract with the City, be required to give the City surety in a sum equal to the amount of the contract awarded under certain circumstances. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the ,protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract, and conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. No direct compensation shall be paid to Contractor for the costs of obtaining bonds. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of the Texas Government Code Chapter 2253. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1110) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City that are at the time in default or de4nquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. w D M03-U0$ UL September 18, 2003 2-17 City of Fort worth, Texas Mayor and council Communication COUNCIL ACTION: Approved on 1212/2003 DATE: Tuesday, December 02, 2003 LOG NAME: 52URBANLAKES REFERENCE NO.: **C-19$76 SUBJECT: Approval of Contract with Alan Plummer Associates, Inc. for a Physio-Chemical Research Study of Three Urban Lakes RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Alan Plummer Associates, Inc. for a physio-chemical research study of Fosdic Lake, Echo Lake and Lake Como at a cost not to exceed $90,000. DISCUSSION: Clean Water Act (CWA), Section 303(d). requires States to identify waters that do not meet or are not expected to meet applicable water quality standards. Three small urban lakes (Fosdic Lake, Echo Lake, and Lake Como), were included in Texas' 303(d) list published in December 1999, due to elevated levels of organochlorine pesticides and/or PCBs in fish tissue. The three lakes are used for recreation as well as retention and detention of storm water. There is intermittent inflow into each of these urban lakes which are surrounded by city parks, single-family housing, and other land uses. The ultimate goal of this study is to determine if there are cost effective options that can be utilized to return Fort Worth's urban lakes affected by legacy pollutants to a "fishable" condition by investigating feasibility of various best management practices designed to mitigate pollutant input and/or remove pollutants from the water bodies. The project is expected to be complete within eight (8) months. The request for proposal was advertised on September 18, 2003, and responses were received on October 2, 2003, from Carter and Burgess, Inc. and Alan Plummer Associates, Inc. The proposals were evaluated based on a pre-determined combination of qualitative and quantitative (point) measures which included the evaluation of such factors as diversity of experience, qualifications of personnel, cost submittal, and providers work history with the City. Staff is recommending award of the contract to Alan Plummer Associates, Inc., who provided the more complete and comprehensive proposal with a technically diverse and experienced team. Funding for this project will be through a grant from the Environmental Protection Agency. MWBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the department and approved by the MIWBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. F1SCJ�L IVAT-ORMATIONICERTIFICATION: The Finance Director certifies that fund are available in the current operating budget, as appropriated, of the Grants Fund. Lognasne: 52URBANLAKES Page I of 2 TO Fund/AccountlCenters FROM FundfAccount/Centers GR76 539120 052214622010 $90,000,00 Submitted for City Mana er's Office by. Litany Watson (6183) Originating Department Head: Brian Boerner (8079) Additional Information Contact: Brian Boerner (8079) Lognxne: 52URBANLAKES Page 2 of 2