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Contract 50018
CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS v STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and CH2M HILL ENGINEERS, INC., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: FINAL BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $282,822 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. vPty of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:".".'^16 6 47294711.07 17 Page 1 of 17 CITY SECRETARY FT.WORTH,TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:42 22 20'6 6.^'.'^"11.07.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:"22 2946 6 07 284711.07 17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule: Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:42 22 2046 6-07-204- 11.07 17 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is,incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be.provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:42.=.2046 6 072817-11.07.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:".".'^46 C.^'.'^"11.07.17 Page 6 of 17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years-following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12 2220-..'^'6 6 872847-11.07.17 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (.10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:42.222946 Q.^'.'^"11.07 17 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12 22 29'6 C.^'.'^"51.07"7 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 2-22-R'044 6 97 2047 11.07 17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 2—.Q-2 4 4 6 972847 11.07 17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:42.222016 6 07 2b4;E 11.07 17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY, B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:".".'^'C G.W.'^"11.07.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:".22.204.204 6 6 67-2947 11.07 17 Page 14 of 17 I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:".".'^'L•6 07 2647 11.07 17 Page 15 of 17 written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OP f rX I �^IORTH ENGINEER �)CA, CH2M HILL ENGINEERS, INC. Jesus J. Chapa G — Assistant City Manager en ifer assa, P.E. �e President Date: ^ Date: APPROnnVADDL RECOMMENDED: By: ( i, Kara Shuror Acting Director, Water Department OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement for Engineering Related Design Services Revised Date:".22. ..2946 647.24"11.07 17 Page 16 of 17 FT.WORTH,TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements.1/ / a �4 Christopher Harder, P.E. Assistant Director, Water Department APPROVED A TO FORM AND LEGALITY By: Douglas W. Black Assistant City Attorney ATTEST: ORT Form 1295 No. Zo1-4 -2�2 Co 513 ........,...*_t'r .4�, r f Mary J. Kay er �.A : M&C No- City Secretary _ * 1 * M&C Date: 'HI 12 --r �a OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 222-204 6-g�2A44 11.07 17 Page,7 of 17 ATTACHMENT ENGINEERING SERVICES FOR VCWRF SIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> ATTACHMENT A SCOPE OF SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY FINAL BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO �,)O-1=0 > The scope set forth herein defines the work to be performed by the ENGINEER in completing the Project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Task 1. Project Management Task 2. Biosolids Master Plan Task 3. Contract Support Task 4. Additional Services TASK 1. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ Communicate effectively, ■ Coordinate internally and externally, and ■ Proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct team activities. • Ensure quality control is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 1 of 13 ATTACHMENT ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. Task 1 ASSUMPTIONS 1.1 Managing the Team • The CITY's Office of Business Diversity has approved a waiver for this project. Monthly M/WBE Report Form will not be required. 1.2 Communications and Reporting • 12 monthly water department progress reports will be prepared. • 12 monthly project schedule updates will be prepared. • The baseline project schedule and the schedule updates will be prepared in Microsoft Project. DELIVERABLES 1 1 No specific deliverables 1.2 Communications and Reporting • Monthly invoices and progress reports • Baseline schedule • Monthly schedule updates. TASK 2. BIOSOLIDS MASTER PLAN. ENGINEER will finalize the existing Draft Long-term Biosolids Master Plan (BMP) and perform the work for the CITY as follows: 2.1 Project Kick-Off and Non-Cost Criteria Workshop • Coordinate with CITY Project Manager(PM) to plan and schedule the 1-day workshop at a CITY facility. • Develop draft agenda to facilitate Project Kick-Off and Non-Cost Criteria Workshop with CITY, and revise agenda based on comments. • Kick-off/Objective Review o Facilitate discussion to confirm and clarify scope and schedule, understand CITY objectives, discuss current operations and challenges, discuss biosolids technologies to be evaluated, discuss biosolids projections and characteristics. o Select up to five alternatives for evaluation. o Provide a clear basis for the evaluation of alternatives. City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 2 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • Non-Cost Criteria Selection and Weighting o Facilitate a Non-Cost Criteria discussion to review and update the weighted non-monetary evaluation used in the Draft BMP. • One week prior to the workshop, provide the CITY with a handout describing the draft BMP criteria, their relative weights, and assigned technology scores. o The non-monetary criteria and weights used in the existing Draft BMP will be discussed and revised to meet current needs. Final criteria may include the same items, or other criteria that cannot be quantified monetarily. CITY will review previous scoring prior to the workshop, so that workshop goal of selecting criteria, weights, and scores can be met within the allotted time. o Select the criteria for evaluation o Select the relative weight of each criterion o Define the scoring inputs for each technology alternative being evaluated in Task 2.6 • Deliverable: Summary meeting notes to document key decisions and action items including the five selected alternatives for evaluation, plus the selected non-monetary criteria chosen, the weight assigned to each, and the scoring inputs for each technology alternative. CITY will review and provide comments on the meeting notes to memorialize the decisions made, and these decisions will inform later project tasks. 2.2 Data Gathering • Evaluate the Draft BMP in the context of the guidance obtained in the kick-off meeting. • ENGINEER will review the data provided by the City as part of the ongoing Village Creek Water Reclamation Facility (VCWRF) Thickener Improvements Project, for which CH2M. CH2M will identify gaps, and request missing data. This may include daily data from 2012 through today for the plant influent, plant effluent, internal process influent/effluent streams, recycle streams, primary solids, grit, RAS, WAS, digester feed, digested solids, dewatering feed and production, and chemical usage. Data may also include VCWRF's high strength waste(HSW) program, digester gas utilization, production, and energy content, landfill gas demand for .existing processes, and Arlington Landfill's gas availability, anticipated landfill gas production, and energy content. • Deliverable: Results of data review will be included in the Task 2.4 Technical Memorandum (TM) updating Biosolids Projections. The review will summarize the historical plant population served, influent flows and loads, and primary and final clarifier solids production. Per-capita influent load rates will be calculated for use in anticipating future solids production. These data will set the parameters to be used for evaluating the selected biosolids alternatives. 2.3 Regulatory Review City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 3 of 13 ATTACHMENTA ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • The text and conclusions from the Draft BMP will be included as a section in the Draft Final Master Plan, with a summary added, if applicable, of significant regulatory updates at the Federal or State levels since the Draft BMP. A stand- alone TM will not be issued for the Regulatory Review. • A discussion of TCEQ design requirements for the biosolids processes under consideration will be added, with focus on requirements for storage, redundancy, and backup capacity, and handling of peak conditions. • No additional regulatory review will be completed in the current scope of work. 2.4 Update Biosolids Projections • ENGINEER will update biosolids projections using the results of the GPS-X model and projections developed under a concurrent project, the VCWRF Thickening Modifications, Freese and Nichols. Projections will be based on historical plant data gathered in Task 2.2. • Key solids parameters will include mass load, hydraulic load, and volatile solids content of each digester feed stream (WAS, primary solids, grit and HSW), digester gas.production and characteristics, and digested solids data. ENGINEER will develop mass balances around solids handling processes based on the revised biosolids projections. Projections will be used for process sizing of biosolids alternatives. • Update peaking factors for solids production based on new data, particularly for max-month conditions. • Biosolids projections will assume: o No changes to liquid stream processes. * Grit will be removed from the process stream prior to thickening, and handled separately outside of this scope of work. o Ongoing thickening improvements will achieve a combined 5% total solids (TS) feed to the anaerobic digesters. o Project planning horizon will be from January 2018 through 2040. Growth parameters will be based on projections made for the VCWRF Thickener Modifications Project, Freese and Nichols. Current solids production will increase in proportion to anticipated population increases in the VCWRF service area. o Mary's Creek service area solids will be calculated and tracked separately, so that the City can decide during the project whether they should be included. The City's final decision regarding inclusion must be provided early in Task 2.4. o Water Plant solids will be calculated and tracked separately, so that the City can decide during the project whether they should be included. The City's final decision regarding inclusion must be provided early in Task 2.4. City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 4 of 13 ATTACHMENT ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • Develop Draft TM 1 — Data Review and Biosolids Projections. CITY comments on TM 1 will be incorporated in the Draft Final Report in Task 2.8. 2.5 Market Analysis of Biosolids End-Use Products • No additional marketing assessment will be completed in the current scope of work. The text and conclusions from the draft BMP marketing assessment will be included as a section in the Task 2.8 Draft and Final Master Plan Reports, and will inform the value of dried solids, and the cost to land apply Class A and Class AB biosolids. 2.6 Alternatives Evaluation • ENGINEER will develop conceptual-level layouts, process-flow diagrams, major equipment/facilities lists, life-cycle costs, (including capital and O&M costs) and comparative benefit-cost scores for biosolids alternatives. The relative benefit- cost rankings will be used to select the preferred alternative. • Alternatives will include anaerobic digestion and major downstream solids processes. Thickening will not be included in the Alternatives Evaluation cost estimates; it is assumed that the ongoing solids thickening improvements project will address this need. The Alternatives Evaluation will incorporate planned facility changes resulting from the thickener work (e.g., availability of decommissioned dissolved air flotation thickeners or gravity thickeners for repurposing). • Based on the Draft Plan, only Class A and Class AB alternatives will be evaluated. At the Kickoff Workshop the project team will select up to FIVE (5) alternatives for evaluation. Likely options include: 1. Mesophilic Anaerobic Digestion (MAD) expansion followed by dewatering, lime addition, iron injection for product odor control, and Class AB land application (status quo). 2. MAD followed by dewatering and direct(drum)thermal drying, with sale of the dried product. MAD is not expanded to meet TCEQ requirements for Class B biosolids. 3. MAD expansion followed by dewatering and direct(drum) thermal drying, with sale of the dried product. (or indirect paddle drying, depending on decisions made at the Task 2.1 Workshop). 4. Temperature Phased Anaerobic Digestion (TPAD), dewatering and direct (drum)thermal drying, with sale of the dried product. 5. Acid-Gas Anaerobic Digestion, dewatering and direct(drum) thermal drying, with sale of the dried product. • Develop Draft TM 2, Alternatives Evaluation, to describe the alternatives considered, summarize the evaluation results, and identify key changes from the draft BMP. CITY comments on TM 2 will be incorporated in the Draft Final Report in Task 2.8. City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 5 of,13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • Facilitate a Workshop at a CITY facility to present and discuss the Draft TM results. Develop draft agenda and presentation. The goal of the workshop is to select the one final alternative for implementation plan development. • Develop and distribute summary notes to document comments on the Draft TM, major decisions, and action items. 2.7 Refine Alternatives Evaluation and Develop Implementation Plan • Incorporate CITY comments on the Alternatives Evaluations to produce draft final Benefit-Cost results. • Discuss draft final results with CITY PM. If results are consistent with the DRAFT TM and Task 2.6 Workshop conclusions, move forward with Implementation Plan based on the selected alternative. If results differ significantly, work with CITY PM to coordinate with other CITY staff and facilitate selection of the top alternative as an Additional Service. • For the final recommended alternative, develop a long term biosolids implementation plan identifying the cost and timing of major Capital Improvements. The plan will consider phasing of the recommended projects. • Develop Draft TM 3— Implementation Plan. CITY comments on TM 3 will be incorporated in the Draft Final Report in Task 2.8. 2.8 Final VCWRF Biosolids Master Plan Report • Assemble final versions of TMs in a single, compilation report provided with the TMs as separate sections, with the addition of an Executive Summary. • A Draft version will be submitted for CITY comment. CITY comments will be incorporated into a Final Report. ADDITIONAL Task 2 ASSUMPTIONS 2.1 Project Kick-Off and Non-Cost Criteria Workshop • 7-hour duration • CITY will provide appropriate facility for workshop. • CITY will ensure that required CITY meeting attendees attend and participate. • ENGINEER personnel will include ENGINEER's PM, Senior Technical Consultant, Project Principal, and subconsultant representatives. • CITY will ensure that CITY meeting attendees review the draft BMP non- cost scoring information (to be provided by ENGINEER 1 week prior to the workshop) in advance of the meeting. • Up to fifteen (15) non-monetary criteria will be considered City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 6 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • The five (5)Alternatives will be selected at this Workshop for technical evaluation in Task 2.6. • Upon completion of the workshop, criteria will be selected and defined, with weights assigned and scores assigned for the biosolids alternatives under consideration. 2.2 Data Gathering • City will provide copies or relevant sections of previous studies, design drawings, and available plant data as requested by ENGINEER to determine future biosolids quantities.ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. • No specific deliverable for this task. 2.3 Regulatory Review • The City has no existing air permits for the biosolids facility, and obtaining air permits for the options under consideration is assumed to be incidental, and outside of the current scope of work. • Draft BMP sections on regulations are still applicable, unless there have been significant regulatory updates at the Federal or State levels between the Draft Plan and the time this task is performed, in which case regulatory updates will be summarized. 2.4 Update Biosolids Projections • GPS-X model results from the Thickener Improvements project will define the projections. Modeling is not included in this scope of work. • There will be no changes to liquid stream process in the future(i.e. projections can assume that per capita solids production rate will not change). • CITY will provide one set of collated comments on the draft TM. 2.5 Market Analysis of Biosolids End-Use Products • No specific deliverable for this task. Draft BMP section on biosolids marketing is still applicable, and associated costs and revenues from this section will be used. 2.6 Alternative Evaluation • CITY will provide appropriate facility for workshop. • CITY will ensure that required CITY meeting attendees attend and participate. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the Project, ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 7 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, ENGINEER makes no warranty that CITY's actual Project costs, financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. • CITY will provide one set of collated comments on the draft TM. 2.7 Refine Alternatives Evaluation and Develop Implementation Plan • After incorporating CITY comments on the Task 2.6 TM, it is assumed that the resulting top-scoring alternative will not change significantly from the Task 2.6 results. Additional meetings, analyses, or discussion to revisit, refine, or change the top scoring option after the Task 2.6 workshop will be considered as an Additional Service. • CITY will provide one set of collated comments on the draft TM. 2.8 Final VCWRF Biosolids Master Plan Report • Draft report will be provided in PDF format only. • Three (3) sets of 3-ring bound, hard cover, Final reports will be delivered to the CITY. • The final report will also be provided in .pdf format on a compact disc. • The Report is expected to have the following sections: o Executive Summary o Regulatory Review o Data Review and Biosolids Projections o Market Analysis Alternatives Evaluation Implementation Plan Task 2 DELIVERABLES SUMMARY 2.1 Draft Summary Meeting Notes- Non-Cost Criteria and Scores for Review, Five Selected Alternatives. Workshop agenda and presentation. 2.2 n/a (included with Task 2.4, TM 1) 2.3 Regulatory Review, as a Section of the Task 2.8 Draft and Final Master Plan Reports 2.4 Draft TM 1 - Data Review and Biosolids Projections City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 8 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> 2.5 Marketing Analysis, as a Section of the Task 2.8 Draft and Final Master Plan Reports. 2.6 Draft TM 2-Alternatives Evaluation; Workshop agenda, presentation, and summary notes 2.7 Draft TM 3- Implementation Plan; including Updated Benefit-Cost Results. 2.8 Draft and Final Plan Report, with Executive Summary TASK 3. CONTRACT SUPPORT ENGINEER will support the CITY in implementing some of the major near-term recommendations in the Final Plan in the form of a Design-Build-Operate (DBO) Contract. This will include developing a draft RFP and DBO Contract Document for City review. ENGINEER will perform the following work for the CITY 3.1. Analysis of Existing Contract and Performance • The existing biosolids management contract for VCWRF will be reviewed along with historical performance information against the contract performance and payment terms. The review will include the existing Renda Environmental contract and subsequent contract amendments for the processing and land application of biosolids. Operation of the methane gas turbine generators, steam generation system and steam turbine blowers, and management of the landfill gas contract will not be reviewed. • Contract areas for improvement will be identified. • Conference calls will be scheduled and held with key CITY staff, including the CITY legal department, to brief them on the effort and obtain their strategic and tactical input, issues, and concerns. • Other contract and RFP examples from other CH2M projects and DBO RFPs will be reviewed for best practices and valuable concepts(maximum of three). • RFP and contracting strategy options will be identified and developed with the potential to address CITY needs and improvement areas. 3.2. Contract and RFP Strategy Workshop • Coordinate with CITY PM to plan and schedule a 4-hr workshop at a CITY facility. CITY legal department to attend. • Work with task team in considering analysis results from subtask 3.1 and recommendations from the Final VCWRF Biosolids Master Plan Report(Task 2). City of Fort worth,Texas Attachment A PMO Release Date:04.09.2012 Page 9 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • Prepare for and hold internal task team work session to revise and refine strategy options, supporting information, and presentation approaches. • Develop draft agenda, draft summary presentation, and draft supporting materials to facilitate Contract Strategy Workshop with CITY. Internally QA/QC review draft materials. • Facilitate and attend Contract Strategy Workshop. • Develop and distribute summary notes of key decisions and action items from Contract and RFP Strategy Workshop. 3.3 Biosolids Services RFP And DBO Agreement Development Develop the following documents for third party DBO of the VCWRF Biosolids Processes as determined in the final BMP and decided at the Task 3.2 workshop. The level of effort for developing the draft documents will be highly dependent upon the results of the Task 3.2 Workshop, and the type of requirements that the CITY would like to include in the documents. The current time and materials level of effort may not be adequate based on the Workshop decisions made, and the level of effort will be revisited based on the results of the Task 3.2 Workshop to determine if additional effort will be required to produce the desired documents. 1) Draft Request for Proposals (RFP) for prospective bidders, including proposal forms and appendices— Estimate total length of between 60 and 150 pages based on current level of effort(including appendices and forms)— using sample RFPs as a template and modified as determined in Task 3.2 workshop. A more detailed or extensive RFP can be developed if desired, but would require additional level of effort beyond the proposed budget. 2) Draft Agreement for biosolids services—using sample agreements as a template and modified as determined in the Task 3.2 workshop Estimated length of agreement is 80— 140 pages based on current level of effort. A more detailed or extensive Draft Agreement can be developed if desired, but would require additional level of effort beyond the proposed budget. Biosolids processes will be based on the results of the Final BMP. Potential unit processes include: • Design and Construction of new dewatering and/or thermal drying facilities • Operation and Maintenance of various biosolids-related processes o Residuals holding tanks at the Project Site o Conveyance to and from dewatering operations o Dewatering o Thermal Drying o Lime addition and achievement of Class A or Class AB exceptional quality (EQ) residuals quality o Polymer addition to aid dewatering o Iron addition for odor control of dewatered biosolids. o Residuals storage, loading, and handling prior to hauling o Residuals materials tracking and hauling to land application o Land application of residuals o Thermal dried product sales City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 10 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> o Recordkeeping and reporting to demonstrate Class A or Class AB EQ status of treated residuals, and compliance with TCEQ reporting requirements for land application of residuals o Filtrate, process leakage, and process drainage management, collection, and conveyance to the VCWRF o Stormwater collection system and pump station o Odor, dust, and gas control systems o All associated instrumentation, control systems, and laboratory equipment o Building systems, such as heating, ventilation, and air conditioning (HVAC), plumbing, and electrical systems o Site infrastructure, site roadways, weigh scale, and entrance area It is assumed that all selected processes for inclusion in the work will be bid as one DBO package. Work under this task order includes development of one initial DRAFT version of the document set, for CITY review and comment, and one meeting/conference call to discuss the documents in detail. Subsequent versions or additional meetings/conference calls shall be performed as directed by CITY as an additional service. 3.4 Bidding Support And Proposal Evaluation Not included in Scope of Work. To be performed as directed by CITY as an Additional Service. 3.5 Transition/Procurement Support Meetings Not included in Scope of Work. To be performed as directed by CITY as an Additional Service. 3.6. DBO Cost Estimating Not included in Scope of Work. To be performed as directed by CITY as an Additional Service. Task 3 ASSUMPTIONS 3.1 Analysis of Existing Contract and Performance • CITY will provide necessary information on existing contract and performance, including but not limited to contracts, amendments, associated documents, pay requests, payments, related reports, correspondence, etc. • Assumes no more than four(4) one hour meetings with the CITY attended by an average of two (2) local ENGINEER staff per meeting. 3.2 Contract Strategy Workshop • CITY will provide appropriate facility for workshop. • CITY will provide one set of collated comments on draft meeting materials. • CITY will ensure that required CITY meeting attendees attend and participate. City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 11 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • Template for RFP and DBO agreement to be selected that is consistent with the estimated ENGINEER level of effort. Documents beyond the estimated level of effort can be developed as directed by CITY as an Additional Service. 3.3 Biosolids Services RFP And DBO Agreement Development • All selected processes for inclusion in the DBO work will be bid as one DBO package. • Procurement will not include RFQ stage. Task 3 DELIVERABLES 3.1 Meeting summaries with action items/key decisions 3.2 Workshop agenda, presentation, supporting materials, RFP and Agreement templates, and summary notes. 3.3 One initial Draft RFP and one initial Draft Agreement document. Task 4 Additional Services. Additional services pertaining to this Project will be performed with specific direction from the CITY Project Manager on a task by task, time and materials basis. CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include, but are not limited to, the following: • Work that deviates from this scope or the assumptions noted. • Development of or changes to the Non-Cost criteria and scores after the Non-Cost Criteria Workshop. • Analysis of more than FIVE alternatives following the Kickoff workshop. • Additional meetings, analyses, or discussion to revisit, refine, or change the top scoring option after the Task 2.6 workshop. • Preliminary or detailed design services, including development of design drawings and/or specifications for the selected improvements. • RFP or Agreement development for the VCWRF Energy Systems, including HRSG, landfill gas management, steam blowers, gas powered turbine/generator. • Additional Draft or Final DBO RFP or Agreement documents. City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 12 of 13 ATTACHMENT A ENGINEERING SERVICES FOR VCWRF BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT CITY PROJECT NO.:<XXXX> • Based on the Task 3.2 Workshop decisions, DBO RFP or Agreement documents that are more extensive than ENGINEER's budgeted time and materials level of effort can accommodate. • Bidding Support, Proposal Evaluation, Transition Services, or DBO Cost estimating. • Services as "Owner-Agent" during implementation of the DBO contract. • Evaluation of the existing Renda Environmental contract for the purposes of price comparison to other similar utility contracts. • .Additional analysis, design, reports, presentations, meetings, etc. not included in the Scope of Services described in the tasks above. • Process modeling using the existing VCWRF GPS-X model. • Services related to development of the CITY's project financing and/or budget. • Construction management and inspection services. • Periodic site visits during construction phase. • Materials testing or specialty testing services. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 13 of 13 ATTACHMENT B COMPENSATION Design Services for FINAL BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT City Project No. Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.1. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll- related taxes, payments, premiums, and benefits. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant CH2M PRIME $235,822 83.4% Proposed MBE/SBE Sub-Consultants Freese and Nichols, Technical Support $47,000 16.6% Inc. Non-MBE/SBE Consultants TOTAL $ 282,822 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE % S 282.822 0 0 % City MBE/SBE Goal = 0 % Consultant Committed Goal = 0 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 —pa .. ... . ....... ............ �2� iim .—I --E 1.2 --lab Ra oni 50 — Rep 12, �o— iz .1 21 1 12 21 iq T] Oela Galton 2 Ill b2489 30 i, .dm Iingemertalion TM) 274 2,1 .-1Repon sX 12 cea RFP hr CB0 up f0 f0 b0 yn niec to U OR EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 Professional Services Payment Request ProiectManager: Summary Project: Final Biosolids Master Plan and Implementation Support City Project#: City Sec Number: IP: z consultant matrucbona: Fill In green cells including Invoice Number,From and To Dates and the Included worksheets. Company Name:CH2M HILL ENGINEERS,INC, When your Invoice is complete,save and close,start 8—saw and Add your invoice to the Consultant folder within Project's folder. Consultant's PM: Mahhev Berg,P.E. email: mag.1ce.0ch2nn— Vendor Invoice#: Office Address 6000 Western Place,Suite 975 Fort worth,TX 78107 Payment Request#: Telephone: 512-249-3313 From Date: Fax: 512-459-4109 To Date: Remit remit address Invoice Date: Address: Agreement Agreement Amendment Amountto Amount Percent ($)Invoiced Current Remaining Sheet FAC and Work Type Description Amount Amount Date Spent Spent Previously Invoice Balance Work Type F ng Curis.,¢ri i.i 5282.8220 $282,822.0 $282,8220 Work Type 2 _.. Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Payment Request $2828220 $282.922.00 $282,822.00 Overall Percentage Spent: CH2M HILL ENGINEERS,INC. 512-249-3313 512-453-4109 I n vo ice WOO Western Piece,Suite 375 remit address Fort Worth,TX 76107 Consultant Project No. CFW Project Manager Proj.Invoice No. Invoice date: Consultant's Project Manager Midbm Berg Consultant's email: metl.bero®ca2m.com _ Period From Date To Date Name of project: Final Siosolids Master Plan and Implementation City Secretary Contract a: supron P.O.Number: Labor Catenory Name Hours Rate I$lbrj Amount -Manager $0.w Pmiopal In cnarea $000 conned speo�ao�I $0.00 aralr.ci?.cco�rlan^. $0.00 Cost Esnmalor $0.00 _. 9�o us San or Techno $000nepi��I Eng'_ n n $0.00 Ann:n $0.00 $0 oa S000 s0.w $0.00 $0 00 saw Total Labor 0.0 $0.00 Subcontract Service raesa,nd r, .uis Subcontractor Subtotal $0.00 10 Percent Marxupon subcontract services $0,00 Nnnlabor Exne uses Travai Nonlabor Expense Subtotal $0.00 Total Expenses(Subcontract Services+Markup+Nonlabor Expenses) $0.00 TOTAL DUE THIS INVOICE $0.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for FINAL BIOSOLIDS MASTER PLAN AND IMPLEMENTATION SUPPORT City Project No. 1. Article IV,paragraph J. (1). Delete"five (5)years"and replace it with"three(3) years" in the first sentence. 2. Article IV,paragraph J. (2). Delete "five(5)years" and replace it with"three (3) years" in the first sentence. 3. Article IV,paragraph K. (1)a. i., insert the following change in the first sentence: "The CITY shall be included as an additional insured with all rights of defense under the CGL,using......." 4. Article IV,paragraph K. (1)a. ii., insert the following change in the first sentence: ENGINEER waives all rights of Subrogation against the CITY and its agents, officers, directors....." 5. Article IV,paragraph K. (1)b. i., insert the following change in the first sentence: ENGINEER waives all rights of Subrogation against the CITY and its agents officers,directors....." 6. Article IV,paragraph K. (1)c. i., insert the following change in the first sentence: ENGINEER waives all rights of Subrogation t�against the CITY and its agents, officers, directors....." 7. Article IV,paragraph K. (2)b., insert the following change: "Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as it interest may appear. The term CITY shall include its employees, officers,officials,agents,and volunteers as respects the contracted services." 8. Article IV, paragraph K. (2).i. CI-12M considers their insurance policies proprietary information. Therefore we would request the following changes: "The CITY shall be entitled, upon its reasonable request expense,to review, at ENGINEER's local office,redacted copies of the ENGINEER's insurance policies under a limited non-disclosure agreement including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. In the event of a claim or litigation under this Agreement, CITY may request and shall receive a copy of the policy and any endorsements related to this AGREEMENT. In the event of a public information request for same, CITY agrees to promptly notify ENGINEER of said request to allow ENGINEER to take whatever steps it may deem necessary to protect the proprietary nature of its insurance policy and endorsements." City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of l Attachment D City of Fort Worth VCRWF Finalize Biosolids BMP and Implementation Support - ID Task lW,-,er ..ration Siart Fir sh—_,Pre_decessors 201 ner 4th Qu 3rter IsQuaver 2nd Quarter 3rd Qeearter 4th Quarter 1191 Quarter 12n _ Sep Ocl Nov O_c Jan I eb Mar Apr tO iV Jun Jui Aug Sep Oct NovDec Jan Feb Mar Apr 1 1 Finalize Long-Term Masler Plan 150 days Fri 12/1117 Thu 6128118 I i 2 Implementation Support 150 days. Fri 6/29118 Thu Task Inactive Milestone I _.'`:I. Finish-only Split Inactive Summary ,,,,,,,,,,,,,,,,,,,,,,,,, External Tasks Milestone ♦ Manual Task External Milestone Project:biosolida_rolled-up_schedule— Summary —W Duration-only Progress Project Summary Manual Summary Rollup ♦ Deadline External Tasks Manual Summary External Milestone ♦ Start-only Page 1 - Attachment E Final Biosolids Master Plan and Implementation Support Location Map VOW "" v, Solids Handling w Facilities t b,1� Village Creek Water Reclamation Center itl , � cc r+ rt- �p,r ENDORSEMENT#004 This endorsement, effective 12:01 a.m., May 1, 2017 forms a part of Policy No. RAD500025406 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED—PRIMARY WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM Section II A. 1. WHO IS AN INSURED is amended to include: Any entity, person, or organization you are required or have agreed in a contract, permit, access agreement and any other written agreement to provide insurance. This insurance is primary for the entity, person or organization, but only with respect to liability arising out of your work for that insured by or for you. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said written contract, permit, access agreement.. (Authorized Representative) MANUS ©2017 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT#007 This endorsement, effective 12:01 a.m., May 1, 2017 forms a part of Policy No. RAD500025406 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason or if coverage is materially reduced, or coverage is cancelled for non-payment of premium advanced written notice will be mailed to the person or entity according to the notification schedule shown below: Number of Days Number of Advanced Days Notice of Advanced Cancellation or Notice of Name of Person or Entitv Mailinq Address: Statutorily for Non- Permitted Pavment of Reasons or if Premium Coverage is Materially Reduced Any entity, person or TBA organization where required by any contract, permit or access 60 days 10 days agreement For the purpose of this endorsement, non-renewal shall mean solely non-renewal of the Policy and shall not include expiration or Notice of Conditional Renewal. Material reduction in coverage shall mean, with the Insured's agreement: • policy limits shown in the declarations page get amended; or • change in the deductible or self-insured retention, except where specific contract or project retentions are requested and agreed to by You and Us; or • the application of a new policy exclusion not contemplated at inception except as required per state rules and regulations. All other terms and conditions of the Policy remain unchanged. (Authorized Representative) MANUS ©2017 X.L. America, Inc. All Rights Reserved, May not be copied without permission. ENDORSEMENT#026 This endorsement, effective 12:01 a.m., 05-01-2017 forms a part of Policy No.RGE5000255-06 issued to CH2M Hill Companies, Ltd. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason or if coverage is materially reduced, or coverage is cancelled for non-payment of premium advanced written notice will be mailed to the person or entity according to the notification schedule shown below: Number of Days Number of Advanced Days Notice of Advanced Cancellation or Notice of Name of Person or Entitv Mailinq Address: Statutorilv for Non- Perm tted Pavment of Reasons or if Premium Coverage is Materially Reduced Any entity, person or organization where required by any contract, permit or access TBA 60 days 10 days agreement For the purpose of this endorsement,non-renewal shall mean solely non-renewal of the Policy and shall not include expiration or Notice of Conditional Renewal. Material reduction in coverage shall mean,with the I nsured's agreement • policy limits shown in the declarations page get amended;or • change in the deductible or self-insured retention,except where specific contract or project retentions are requested and agreed to by You and Us;or • the application of a new policy exclusion not contemplated at inception except as required per state rules and regulations. All other terms and conditions of the Policy remain unchanged. (Authorized Representative) MANUS C 2017 X.L.America, Inc.All Rights Reserved, May not be copied without permission. ENDORSEMENT#037 This endorsement, effective 12:01 a.m., 05-01-2017 forms a part of Policy No.RGE5000255-06 issued to CH2M Hill Companies, Ltd. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY AUTOMATIC ADDITIONAL INSURED'S PRIMARY COVERAGE This endorsement modifies rsurarioe provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Part apply unless modified by this endorsement. SCHEDULE Name Of Additional Insured Persons Or Organization Locations of Covered Operations Any emery, person or organization you are required by All Locations any contract, permit, access agreement, executed prior to any loss to provide additional insured status under this Policy. A. Section 11—Who is an Insured is amended to include as an additional insured the person(s)or Organization(s) shown in the schedule and any other person(s) or organization(s)you are required to add as an additional insured under the contract, permit or access agreement described in the schedule but only with respect to liability for "bodily injury" or "property damage"or"personal and advertising injury caused, in whole or in part by: 1. "Bodily Injury", "property damage"or"personal and advertising injury"caused by your operations on the additional insured's premises; or 2. "Your work"for the additional insured and included in the"products-completed operations hazard"; or 3. Your acts or omissions; or 4. The acts or omissions of those acting on your behalf. As respects 2, 3,and 4 the following also applies in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. MANUS ®2017 X.L. America, Inc. All Rights Reserved. Page 1 of 2 May not be copied without permission. B. Only when required by a contract, permit or access agreement this insurance applies to: 1. (a) All work on the project including service, maintenance or repairs to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or(b)That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. 2. "Bodily Injury"or"Property Damage arising out of any act or omission of the additional insured(s)or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. However the following applies to A and B above: The insurance afforded to such additional insured(s)only applies to the extent permitted by law. If coverage provided to the additional insured(s) is required by a contract, permit or access agreement the insurance afforded to such additional insured(s)will not be broader than that which you are required by the contract, permit or access agreement to provide for such additional insured(s). C. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured(s)whether primary excess, contingent or on any other basis unless a contract specifically required that this insurance be primary In the absence of primary wording on the contract, we will agree to providing primary status to the Additional Insured in the event there is a Master Service Agreement with Primary coverage required. When this insurance applies on a primary basis for the additional insureds described above, it shall apply only to "bodily injury", "property damage"or "personal and advertising injury"caused by your work for that additional insured by or for you. Other Insurance afforded to those additional insureds will apply as excess and not contribute as primary to the insurance afforded by this endorsement. The limits of insurance with respect to each person, organization or entity shall not exceed the limits of liability of the named insured. All insuring agreements, exclusions and conditions of this policy apply. In no event, shall the coverage or limits of insurance in this coverage form be increased by such contract, permit or access agreement. All other terms and conditions remain the same. (Authorized Representative) MANUS Q 2017 X.L. America, Inc. All Rights Reserved. Page 2 of 2 May not be copied without permission. Endorsement#1 Notification to Others of Cancellation Electronic 19 Schedule ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Addl Prem. Rehm Prem. EOC 3829621-15 05/01/2017 05/01/2018 1 05/0112017 29253000 — -- Named Insured and Mailing Address: Producer: CH2M Hill Companies, Ltd. Marsh USA, Inc. 9191 S Jamaica St 1225 17"St Ste#2100 Englewood CO 80112-5946 Denver CO 80202-5521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided by the following: Architects and Engineers Professional Liability Policy—Claims Made and Reported Coverage In consideration of the premium already charged,we agree with you,subject to all terms,exclusions,and conditions of the policy that: A. If we cancel this policy by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice ofcancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule provided to us by the first "Named Insured". Such schedule: a. Must be initially provided to us within 15 days: (1) After the beginning of the policy period shown in the Declarations;or (2) After this endorsement has been added to the policy; b. Must contain the names and addresses of only the persons or organizations requiring notification that this Policy has been cancelled; e. Must be in an electronic format that is acceptable to us;and d. Must be accurate. Such Schedule must be updated and provided to us,by the first "Named Insured",during the policy period. Such updated Schedule must comply with paragraphs b.,c.,and d.above. 2. At least thirty(30)days prior to the effective date of the cancellation,as advised in our notice to the first Named Insured,or the longer number of days notice if indicated in the Schedule provided to us. B. Our notification,as described in Paragraph A. of this endorsement,will be based on the most recent Schedule provided to us by the first"Named Insured"as of the date the notice of cancellation is mailed. C. Proof of mailing will be sufficient proof that we have complied with Paragraph A.of this endorsement. We are not responsible for the accuracy, integrity, timeliness and validity or information contained in the Schedule provide to us as described in Paragraphs A.of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-GL-113-A CW (04190) Page 1 of 2 WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY WC 04 03 OB(Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-- CAUFORNIA This endorsement changes the policy to which it 1s attached effective on the inception date of the policy unless a different date is indicated below. (The,'10awinp'a;lacMng arouse'need be ce+npleted only when this endorserrmenl Is Issued subsequent to preparaton of Me policy.) This endorsement,effective on May 1,2417 at 12:01 A.M.standard time.forms a part of Policy No.RWD5OW252-136 Endorsement No. of the XL Specialty Insurance Company (NAME OF lFlsultANCe COMP ) Issued to CH2M HUI Companies,Ltd. Premium(it(if any)$included AmMadzed a prasenbill" We have the right to recover our payments from anyone liable for an Injury covered by this policy. We wib not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work tinder H wel ten contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged to the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherMse due on such remuneration, Schedule Where required by written agreement signed prior to loss. WC 252(4.84) WC 04 03 06(Ed.4-841 Pape t or t WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 77 (Ed. 0515) NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL COVERAGE REDUCTION TO DESIGNATED PERSONS OR ORGANIZATIONS The follom nc is added to PART SIX—CONDITIONS: Notice Of Cancellation, Nonrenewal Or Material Coverage Reduction To Designated Persons Or Organizations If we cancel or non-renew this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation or non-renewal to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address the number of days shown for that person or organization before the cancellation or nonrenewal is to take effect. In the event of a change that materially reduces or restricts the coverage afforded by this policy, other than reduction of limits of liability through payment of claims,we will provide notice of such coverage reduction to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address the number of days shown for that person or organization before the reduction is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation, nonrenewal or material reduction in coverage to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation, nonrenewal or reduction. SCHEDULE Name and Address of Designated Persons or Organizations: Number of Days Notice Any entity, person or organization where required by contract, permit 60 or access agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No.: RWD5000252-06 Endorsement No. Insured: Premium: $ Included CH2M Hill Companies, Ltd. Insurance Company XL Specialty Specialty Insurance Company , Countersigned [3y: WC 99 06 77 Ed. 0515 ©2015 XL America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission POLICY NUMBER: RAD500025406 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CH2M HILL COMPANIES, LTD Endorsement Effective Date: May 1,2017 SCHEDULE Names)Of Person(s)Or Organization(s): Any person or organization for whom the insured is operating under a written contract or agreement when such contract or agreement requires a waiver of subrogation would also fall within this waiver provision. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 1013 0 Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER: RGE5000255-06 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization for whom the insured is operating under a written contract or agreement when such contract or agreement requires a waiver of subrogation. Intormation required to complete this Schedule, .: not Shown above. be shown tha Declara-Dons. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products- completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 -#,N4&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoH COUNCIL ACTION: Approved on 11/14/2017 DATE: 11/14/2017 REFERENCE NO.: **C-28475 LOG NAME: 60VCWRF MASTER PLAN UPDATE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Agreement with CH2M Hill Engineers, Inc., in the Amount of$282,822.00 for the Village Creek Water Reclamation Facility Biosolids Master Plan Update (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with CH2M Hill Engineers, Inc., in the amount of$282,822.00 for the Village Creek Water Reclamation Facility Biosolids Master Plan Update. DISCUSSION: The,City of Fort Worth owns and operates the Village Creek Water Reclamation Facility (VCWRF). The VCWRF is a 166 million gallon per day(MGD) activated sludge wastewater treatment facility comprised of primary, secondary, and tertiary treatment, chlorine disinfection, and de-chlorination. The disposal of biosolids at the VCWRF is contracted to Renda Environmental, Inc. This contract has been in place since 1995 and includes the dewatering and processing of the biosolids, with ultimate disposal by land application to agricultural property. On April 2, 2013, (M&C C-26187)the City Council authorized the execution of an Agreement with CH2M Hill Engineers, Inc., for the development of a biosolids master plan for the VCWRF. This Agreement was modified by two amendments. The work under this agreement consisted of a market analysis of biosolids end use products, review of legislation and industry trends affecting biosolids processing and disposal, development of alternatives for processing and disposal of biosolids, and recommended capital improvements. In addition, the consultant initiated work on contract documents necessary for procurement of a new biosolids processing and disposal Agreement. The biosolids master plan report and procurement documents were never finalized, as the contract with Renda Environmental was amended by M&C C-27287 on May 5, 2015 to extend the Renda Environmental Contract by five years to March 31, 2020. As part of this proposed Agreement, CH2M Hill Engineers, Inc., will revisit several of the alternatives initially developed in the plan, further refine those alternatives taking into account updated solids loading projections, new processing technologies, and the most recent equipment pricing publicly available to develop capital and life cycle cost estimates for the alternatives. A recommendation will be developed from the list of alternatives and the biosolids master plan will be finalized. In addition, CH2M Hill Engineers, Inc., will revisit the draft procurement documents and further refine and update these documents with an intent of utilizing these documents in the future for a procurement of biosolids processing services prior to the expiration of the existing contract with Renda Environmental. CH2M Hill Engineers, Inc., proposes to perform the engineering services for a not to exceed fee of$282,822.00. Staff considers this proposed fee to be fair and reasonable for the scope of services proposed. M/WBE OFFICE—A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE office, in accordance with the M/WBE or BDE http://apps.cfwnet.org/council_packet/mc review.asp?ID=25315&councildate=11/14/2017 11/17/2017 -.M&C Review Page 2 of 2 Ordinance, because the purchase of goods and services from source(s)where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Fiscal Year 2018 operating budget, as appropriated, of the Water and Sewer Fund, and that prior to an expenditure being made, the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror(8819) Additional Information Contact: Chris Harder(5020) ATTACHMENTS 60VCWRF MASTER PLAN UPDATE Form 1295.pdf 60VCWRF MASTER PLAN UPDATE.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25315&councildate=11/14/2017 11/17/2017 &3�%4q r CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1.4 and 6 it there are interested parries. OFFICE USE ONLY Complete Nos.1,2,3,S.and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-272698 CI-12M Hill Engineers,Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry tot the contract for which the forms 10/16/2017 being filed. City of Fort Worth Water Department Date Ac77t,),� edged: e 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract 696483 Finalize Biosolids Master Plan,and provide Plan Implementation Support for the Village Creek Water Reclamation Facility 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Hinman,Jacque Denver,CO United States X McIntyre,Greg Denver,CO United States X Ruhl,Tent' Denver,CO United States X Sutton,Matthew Denver,CO United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,undern pe airy of pery'ury,that the above disclosure is true and correct. / r n SHERN MANCILL My Notary m ty 11798423 E�tpiniu Nouetr9W 15,2019 Signature pf thorixed en o contracting business entity 'i AFFIX NOTARY STAMP/SEAL ABOVE Swom to and subscribed before me,by the said Phil Yerby ttus the 16th day of October 2017 to cerfity which,witness my hand and seal of office. 6' k Sherri Mancill Project Assistant Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337