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HomeMy WebLinkAboutContract 44392cmr sECR�r��L� <f "� COM��RACT NOo CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and CH2M HILL Engineers, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation Facility Biosolids Implementation and Long-Term Master Plan. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $767,920.00 as set forth in Attachment B. 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. (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 iny4ice,__, ___ cty or Fort wo�n, TeXas �)I�f�9�t:IpL iZIEC�idD Siandard Agreement for Engineering Related Design Services PMO Official Release Date: 10/22/2012 ��� SECRETARY Page 1 of 16 ��C�IV�d APR 2 3� i3 .��'° ����fftay �t�T i=—_ __ - -- � -- -• -- _ . _ i (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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are perFormed. 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 10/22/2012 Page 2 of 16 (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 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 Ciiy of Fort Worth, Texas Standard Agreeme�t for Engineering Related Design Services PMO O�cial Release Date: 10/22/2012 Page 3 of 16 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 10/22/2012 Page 4 of 16 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. 1. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 10/22/2012 Page 5 of 16 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 (CG�) 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 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 by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 10/22/2012 Page 6 of 16 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. 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 — the 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) GENERA� INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 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 request required insurance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 10/22/2012 Page 7 of 16 documentation 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. 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 final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 10/22/2012 Page S of 16 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. 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 10/22/2012 Page 9 of 16 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 10/22/2012 Page 10 of 16 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 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 10/22/2012 Page 11 of 16 (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 V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained 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 PMO O�cial Release Date: 10/22/2012 Page 12 of 16 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 only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (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; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 10/22/2012 Page 13 of 16 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, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 10/22/2012 Page 14 of 16 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. J. 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. K. 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. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 City of Fort Worth, Texas Standard Agreement for Engineering Relaied Design Services PMO Official Release Date: 10/22/2012 Page 15 of 16 Executed and effective this the�ZyfG-day of���/�2013. BY: CITY OF FORT WORTH �.L..� Fernando Costa Assistant City Manager Date: / BY: ENGINEER CH2M HIL�ngineers, Inc. .= " --- Edward Motley, . . Vice President Date: %s/�G�� APPROV�L RECOMMENDED: ; �� By: � , . �'c�r� S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM AND M&C No.: C ZCP/�% LEGALITY M&C Date: `��z-- / �3 By: �'Y� 'c G.� �i(� !'� •�G i� . m r� h�(� ir . lC�v � Assistant City Attorney City of Fort Worth, Texas OFFICIAd. REB:O�� Standard Agreement for Engineering Related Design Services c ^ w PMO O�cial Release Date: 10/22/2012 C�� a�MR�~� Page 16 of 16 �-"T. WaR�9'�,'i'� ATTACHMENT A DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG•TERM MASTER PLAN CITY PROJECT NO.: <XXXX> ATTACHMENT A SCOPE OF SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG-TERM MASTER PLAN CITY PROJECT NO.: <XXXX> 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. Long-Term Biosolids Master Plan Task 3. Contract Process Improvements 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 as needed, 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 ailocate 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 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG•TERM MASTER PLAN CITY PROJECT NO.: <XXXX> Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. � Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. ASSUMPTIONS 1.2 Communications and Reporting • 18 MWBE reports will be prepared. � 18 monthly water department progress reports will be prepared. • 18 monthly project schedule updates will be prepared. • The baseline project schedule and the schedule updates will be prepared in Microsoft Project. DELIVERABLES 1.2 Communications and Reporting � Monthly invoices and progress reports • Baseline schedule • Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes • Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. �ONG-TERM BIOSOLIDS MASTER PLAN. ENGINEER will develop a long-term biosolids master plan and perform the work for the CITY as follows: 2.1 Project Kick-Off/Chartering Workshop � Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. • Develop draft agenda and summary presentation to facilitate Project Kick- Off/Chartering Workshop with CITY. • Meet with CITY PM and interactively review draft workshop agenda and summary presentation. • Revise workshop materials based on comments. • Facilitate and attend a project kickoff/chartering workshop with CITY staff to confirm and clarify scope and schedule, understand CITY objectives, discuss current biosolids operational issues and approaches, biosolids characteristics, maintenance issues and concerns. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 2 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG•TERM MASTER PLAN CITY PROJECT NO.: <XXXX> • Provide a clear basis for the evaluation of short-term dewatering improvements and long-term disposal alternatives. • Develop and distribute summary notes of key decisions and action items. 2.2 Data Gathering • ENGINEER will review pertinent existing data, identify gaps, and develop a plan to capture missing data. � Prior studies, including but not limited to the Village Creek Wastewater Treatment Plant Facilifies Assessment Study, CH2M HI�L, 2007 and the Wastewater Master Plan, Freese & Nichols, 2011 will be reviewed to obtain the latest plant influent flow and load projections. • Current plant data for flows and loads of plant influent, plant effluent, internal process influent/effluent streams, recycle streams and RAS/WAS will be obtained for use in calibrating a plant process simulation model per subtask 2.5. • Design documents of the on-going plant modifications under the Johnson Control, Inc. contract and the proposed VCWRF Side Stream Treatment process will be reviewed for potential impacts that may change future sludge characteristics and quantities. • Review current dewatering operations. • 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 be reviewed. • Develop Technical Memorandum 1— Summary of Data Review, which will summarize the results of data review and list any remaining data gaps with plans or assumptions for filling gaps. 2.3 Regulatory Review � Using data collected in subtask 2.2, the configuration of the existing dewatering facility and current practice of biosolids land application will be reviewed for conformance with TCEQ's Chapter 217 and EPA's 40 CFR Part 503 regulations. • Review current regulations and provide an outlook of anticipated regulations and how they affect potential future dewatering and disposal alternatives. • Track developments with EPA's Part 503 Standards for Use & Disposal of Sewage Sludge as related to Class A pathogen reduction alternatives. � Determine regulatory challenges with CITY's biosolids management program, summarize them in Technical Memorandum 2- Regulatory Conditions and Outlook, and present them in a workshop format (see subtask 2.4), with recommendations for achieving continued regulatory compliance. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 3 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG�TERM MASTER PLAN CITY PROJECT NO.: <XXXX> 2.4 Criteria Selection and Weighting Workshop � The workshop will focus on review of Technical Memorandums 1 and 2(see subtasks 2.2 and 2.3) and establish a set of weighted non-monetary evaluation criteria to guide the development and screening of long-term alternatives. • The non-monetary criteria may include: process staffing requirements, energy consumption, land requirements, process/equipment longevity, conservation of investment, flexibility, adaptability, citizen complaints such as odors and truck traffic, and other criteria that cannot be quantified monetarily. • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. � Develop draft agenda, draft summary presentation, and draft supporting materials to facilitate the workshop with CITY. Internally QA/QC review draft materials. • Meet with CITY PM and interactively review draft workshop agenda, draft summary presentation, and draft supporting materials. • Revise workshop materials based on comments in appropriate form. • Facilitate and attend Criteria Selection and Weighting Workshop. • Develop and distribute summary notes to document the non-monetary criteria chosen, the weight assigned to each of the chosen criteria, and list key decisions and action items. 2.5 Develop Biosolids Projections and Evaluate Short-Term Capacity Requirements • Develop a wastewater process simulation model of the entire plant, both solids and liquids including recycling streams. The model shall incorporate on-going energy optimization improvements and proposed side stream treatment improvements. • The process simulation model will be calibrated using current wastewater characteristics collected in subtask 2.2. • Using the calibrated process model and projected flows and loads from 2015 through 2020, the capacity of the existing dewatering facility will be evaluated against sludge production during this time period. A determination if there is sufficient capacity and if short-term dewatering system improvements are warranted will be made. • Using the calibrated process model and projected flows and loads from 2020 through 2030, future sludge production rates will be determined for process sizing, implementation and phasing of the long-term biosolids management plan. • Develop Technical Memorandum 3—Biosolids Projections and Short-Term Capacity Evaluation. 2.6 Develop and Screen Alternatives Workshop • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 4 of 12 ATTACHMENTA DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG•TERM MASTER PLAN CITY PROJECT NO.: <XXXX> • Develop draft agenda, draft summary presentation, and draft supporting materials to facilitate the workshop with CITY. Internally QA/QC review draft materials. • Meet with CITY PM and interactively review draft workshop agenda, draft summary presentation, and draft supporting materials. • Revise workshop materials based on comments in appropriate form. • Facilitate and attend Develop and Screen Alternatives Workshop. • Using non-monetary criteria established in subtask 2.4 and CH2M HILL's Biosolids Master Plan (BMP) Toolkit, a comprehensive list of possible alternatives will be evaluated and screened for fatal flaws. • The relative life-cycle costs of the possible alternatives, using CH2M HILL's cost- estimating database, will also be discussed and incorporated into this initial step of the screening process. • Develop a short list of alternatives for further evaluation in subtask 2.8. • Develop and distribute summary notes to document the short list of alternatives selected and endorsed for detailed evaluation, noting key decisions and action items. 2.7 Market Analysis of Biosolids End-Use Products • Using short list of alternatives identified from subtask 2.6, conduct a market analysis of biosolids end-use products. • Market analysis shall include existing conditions and anticipated future trends in the local, regional, and national markets for value-added biosolids products. • Develop Technical Memorandum 4— Market Analysis of Biosolids End-use Products. 2.8 Detailed Alternative Evaluation • Using results from subtasks 2.6 and 2.7, evaluate short listed alternatives in detail using CH2M HI�L's Technomics Model to develop the cost components of each. • Use the Multi-utility Attribute (MUA) portion of CH2M HILL's BMP Toolkit to compare and contrast the costs and non-monetary benefits and risks of each alternative. • Determine capacities, performance, preliminary lay-outs, life-cycle costs, and benefit-cost based on the Technomics Model and the MUA Tool. The ranking of benefit-to-cost ratios of each alternative will be used to select the preferred alternative. • If two or more alternatives are very close in terms of benefits/costs comparison, employ Monte Carlo uncertainty analysis to measure the range of uncertainties in the cost-benefit comparison, which helps to better define the relative rankings of alternatives. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 5 of 12 ATTACHMENTA DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG•TERM MASTER PLAN CITY PROJECT NO.: <XXXX> • Develop Technical Memorandum 5— Aiternatives Evaluation and Results, to summarize the detailed evaluation of alternatives, results and recommendations. 2.9 Detailed Alternative Evaluation Workshop • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. • Develop draft agenda, draft summary presentation, and draft supporting materials to facilitate the workshop with CITY. Internally QA/QC review draft materials. • Meet with CITY PM and interactively review draft workshop agenda, draft summary presentation, and draft supporting materials. • Revise workshop materials based on comments in appropriate form. • Facilitate and attend the Detailed Alternative Evaluation Workshop. • Present the results and recommendations of Task 2.8. • Develop and distribute summary notes to document the endorsed and selected alternative(s) to develop the long term biosolids management plan and Capital Improvements Plan (CIP), noting key decisions and action items. 2.10 Refine Long-Term Biosolids Plan and Operational Strategies • Develop long-term biosolids planning and phasing concepts along with operational strategies. • Further refine phasing concepts and operational strategies, and make final recommendations to the CIP. • Develop Technical Memorandum 6— Long-Term Biosolids Plan and Operating Strategies 2.11 Long-Term Biosolids Management Recommendations Workshop • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. • Develop draft agenda, draft summary presentation, and draft supporting materials to facilitate the workshop with CITY. Internally QA/QC review draft materials. • Meet with CITY PM and interactively review draft workshop agenda, draft summary presentation, and draft supporting materials. • Revise workshop materials based on comments in appropriate form. • Facilitate and attend the Long-Term Biosolids Management Recommendations Workshop. • Present the results and recommendations of subtask 2.10. • Develop summary notes to document the workshop. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 6 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG•TERM MASTER PLAN CITY PROJECT NO,; <XXXX> 2.12 Final VCWRF Biosolids Implementation and Long-Term Master Plan Report • Assemble Technical Memorandums 1 through 6 in a single, bound report provided with separate sections for a Strategic Plan and Executive Summary. • Provide a compact disc with .pdf of the Final VCWRF Biosolids Implementation and Long-Term Master Plan Report ASSUMPTIONS 2.1 Project Kick-Off/Chartering 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. 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. 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. • A draft and final Technical Memorandum 1 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 1. 2.3 Regulatory Review • A draft and final Technical Memorandum 2 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 2. • The City has no existing air permits for the biosolids facility. 2.4 Criteria Selection and Weighting 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. � Up to fifteen (15) non-monetary criteria will be considered for the initial screening of alternatives City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 7 of 12 ATTACHMENTA DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG�TERM MASTER PLAN CITY PROJECT NO.: <XXXX> 2.5 Develop Biosolids Projections and Evaluate Short-Term Capacity Requirements • The wastewater process model shall be GPS-X by Hydromantis Environmental Software Solutions, Inc. • The CITY will acquire a wastewater process model license, or direct ENGINEER to purchase a license on behalf of the CITY via authorization of Additional Services funds. • A draft and final Technical Memorandum 3 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 3. 2.6 Develop and Screen Alternatives 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. • Up to fifteen (15) alternatives will be evaluated and screened for fatal flaws. • Up to five (5) alternatives will be shortlisted for detailed evaluation in subtask 2.7. 2.7 Market Analysis of Biosolids End-Use Products • Market analysis will be performed only for the biosolids end-use products from the short listed alternatives from subtask 2.6. • A draft and final Technical Memorandum 4 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 4. 2.8 Detailed Alternative Evaluation • No more than one (1) Monte Carlo uncertainty analysis between two (2) alternatives will be performed. � A draft and final Technical Memorandum 5 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 5. 2.9 Detailed Alternatives 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 8 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRf BIOSOLIDS IMPLEMENTATION AND LONG-TERM MASTER PLAN CITY PROJECT NO.: <XXXX> 2.10 Refine Long-Term Biosolids Plan and Operational Strategies • A draft and final Technical Memorandum 6 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 6. 2.11 Long-Term Biosolids Management Recommendations 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. 2.12 Final VCWRF Biosolids Implementation and Long-Term Master Plan Report • Three (3) sets of 3-ring bound, hard cover, reports will be delivered to the CITY. • The final report will be uploaded to Buzzsaw in .pdf format and provided on a compact disc in .pdf format. DELIVERAB�ES 2.1 Workshop agenda, presentation, and summary notes 2.2 Technical Memorandum No. 1— Summary of Data Review 2.3 Technical Memorandum No. 2— Regulatory Conditions and Outlook 2.4 Workshop agenda, presentation, supporting materials, and summary notes 2.5 Plant-wide process simulation model 2.5 Technical Memorandum 3— Biosolids Projections and Short-Term Capacity Evaluation 2.6 Workshop agenda, presentation, supporting materials, and sumrnary notes 2.7 Technical Memorandum 4— Market Analysis of Biosolids End-use Products 2.8 Technical Memorandum 5— Alternatives Evaluation and Results 2.9 Workshop agenda, presentation, supporting materials, and summary notes 2.10 Technical Memorandum 6— Long-Term Biosolids Plan and Operating Strategies 2.11 Workshop agenda, summary presentation, supporting materials, and summary notes 2.12 Final Report City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 9 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG-TERM MASTER PLAN CITY PROJECT NO.: <XXXX> TASK 3. CONTRACT PROCESS IMPROVEMENTS. ENGINEER will develop a guidance document to facilitate the development, bidding and award of the next biosolids management contract. ENGINEER will perForm the work for the CITY as follows. 3.1. Analysis of Existing Contract and Performance • The existing biosolids management contract for VCWRF will be reviewed in detail, along with historical performance information against the contract performance and payment terms. � Contract areas for improvement will be identified. • Meetings 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 examples from other CH2M HILL projects will be reviewed for best practices and valuable concepts. • Contracting strategy options will be identified and developed with the potential to address CITY needs and improvement areas. 3.2. Contract Strategy Workshop • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. • Work with task team in considering analysis results from subtask 3.1 and recommendations from the Final VCWRF Biosolids Implementation and Long- Term Master Plan Report (subtask 2.12). • 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. • Meet with CITY PM and interactively review draft workshop agenda, draft summary presentation, and draft supporting materials. • Revise workshop materials based on comments in appropriate form for Contract Strategy Workshop. • Facilitate and attend Contract Strategy Workshop. • Develop and distribute summary notes of key decisions and action items from Contract Strategy Workshop. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 10 of 12 ATTACHMENT A DESIGN SERVICES fOR VCWRF BIOSOLIDS IMPLEMENTATION AND LONG�TERM MASTER PLAN CITY PROJECT NO.: <XXXX> 3.3 Contract Guidance Document • Using results from subtask 3.1 and 3.2 identify best practices and strategies for the development of contracting documents, bidding, and award of the next biosolids management contract. • Develop Technical Memorandum 7— Contracting Guidance for Biosolids Management ASSUMPTIONS 3.1 Analysis of Existing Contract and PerFormance • 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. 3.3 Contract Guidance Document A draft and final Technical Memorandum 7 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 7. DELIVERABLES 3.1 Meeting summaries with action items/key decisions 3.2 Workshop agenda, presentation, supporting materials, and summary notes 3.3 Technical Memorandum 7— Contracting Guidance for Biosolids Management TASK 4. ADDITIONAL SERVICES ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — 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: • Development of design drawings and/or specifications for short-term modifications of the dewatering facility or long-term improvements related to the biosolids CIP. City of Fort Worth, Texas Attachment A PMO Release Date: 04.09.2012 Page 11 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF BIOSOLIDS IMPLEMENTATION AND IONG•TERM MASTER PLAN CITY PROJECT NO.: <XXXX> • Evaluation for the replacement of the existing belt filter presses with other used equipment in lieu of reconditioning the existing filter presses per the Renda Environmental contract requirements. • 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. • Purchase of process modeling software license, such as GPS-X. • 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 12 of 12 ATTACHMENT B COMPENSATION Design Services for VCWRF Biosolids Implementation and Long-Term Master Plan City Project No. Time and Materials with Multiplier Project � 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: 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 al� 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 five percent (5%). 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 O�cial Release Date: 8.09.2012 Page 1 of 4 � 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 O�cial Release Date: 8.09.2012 Page 2 of 4 : ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees ' Firm I Primary Responsibility Fee Amount i % !, i Prime Consultant �' CH2M HILL Engineers, Inc. � Biosolids Master Plan ,$491,569.00 i 64% ; Proposed MBE/SBE Sub-Consultants I CP&Y, Inc. Biosolids Master Plan $115,048.00 15% II � � i i ' � Non-MBE/SBE Consultants Freese and Nichols, Inc. Biosolids Master Plan $153,815.00 20% �, Vic Weir Consulting, Inc. Biosolids Master Plan $7,488.00 1°/o ''i TOTAL $767,920.00 100% Project Number & Name Total Fee MBE/SBE MBE/SBE Fee % VCWRF Biosolids Implementation and $767,918.00 $115,048.00 15% Lon -Term Master Plan City MBE/SBE Goal = 15% Consultant Committed Goal = 15% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 : ii��l V I O I O =I h � � tC �C G 7 � ui a - t0 � v a 0 � � m �� IL � E v � rn c ~ i C O u J 'o .� n`. � N C O vJ m 7 N d � � a c � a� � E �° cC O am N LL V � '� � U d � � lC C O �* C1 .N � ^ � •4: a` O O �, d d (J � .. � d E �° 7 � Z U U�1 �r �� U a w 0 d � 'o c 0 a a a � m 3 � m' Y m N � u v . c v 10 a d � > N � r •W d O E a °u � � « '„ 3 u � O y c ,-�o o A T � C y d C L 3 ci � � m m w` � x U Gl � ta Z � C f� a � O U N O � X H 0 � LL O 0 w E N o d U ry N N m N � � � � � � � � � m y O �Il ? � nm � O� I� N Y t+�f � rn � v v ui 'C C Q O _ � L � a m� w X a�i O I� �i ui a x v Y � � � d a�� y O W d > � « �p r C � � 7 O d� Y V c � £,�0'0 o � U>a�il�- � � o C N o C C N .� � m r � m � c � d ._ t � � U � � ,, U � � O C ` wa C C � c. a � c« � c o a E y Q C �" O � o � G � N W � N m W O � r p� � n Q Q v� C � C v� C � �a Q C o y C o � o y O rn ` � r Q Q (O � C O '«+ C. .` v N Gf 0 d a � � 3� a � y � 0 0 m U � 0 0 N � n n w C d C. � d � o f0 r N C rn � n V m ` � N a � d > � 0 N � � M y d 7 Q Q.' C G! E � � n. y t F- N � O � CH2M Hill Engineers, Inc. 817-870-1129-phc 972-385-5185 - fax 309 West 7th Street, Suite 1020, Fort Worth, TX 76102 COFW Project Manager Farida Goderya, P.E. Consultant's Project Manager: Ken Hau, P.E. Consu/tant's email: Ker,.Hauc�cn2m.00m N7Rle Of P/OJeCt : VCWRF Biosolids Implementation and Long- Term Master Plan Invoice 0 Consultant Project No. 0 Proj. Invoice No. 0 Invoice date: 01/00/00 Period From Date 1/0/1900 To Date 1/0/1900 City Secretary Contract #: P.O. Number: VCWRF Biosolids Implementation and Long-Term Master Plan $o.00 Subcontract Service Subcontract Service - Freese and Nichols, Inc. Subcontract Service - CP&Y, Inc. Subcontract Service -Vic Weir Consulting, Inc. Subcontractor Subtotal 5 Percent Markup on Subcontract Services Nonlabor Ex enses Auto Mileage-Miles Miscellaneous Postage, Freight & Delivery Reproduction/Priniting Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) $ - $o.00 $0.00 Invoice Total $0.00 Attachment B- Level of Effort Supplemental TASK/HOUR BREAKDOWN Engineering Services for VCWRF BIOSOLIDS IMPLEMENTATION AND LONG-TERM MASTER PLAN City Project No. Labor(hours) Ex ense Task Description Project Contracting Contract Contract Contract Contract B�osolids Task project Task No. Lead & Admin CADD Total Labor Subconsultant Total Task Sub Manager Task Lead Specialist 1 Specialist 2 Specialist 3 Legal Engineer Cost Travel Re roduction Ex ense Cost Total Technologist p p Rate 5182 $256 5261 a134 $182 a275 $195 $151 y77 5120 MWBE Non•MWBE 1.0 Pro'ect Mana ement 420 0 0 0 0 0 0 0 230 0 594,150 SO SO 0 0 SO 394,150 1.1 Managing the Team 320 100 $65,940 $0 $0 $0 $65,940 1.2 Communications and Re orting $0 $0 $0 $0 $0 1.2.1 Invoicing 40 100 $14,980 $0 $0 $0 $14,980 Prepare Monthly Progress Reports and 1.2.2 Schedule Updates 40 $7,280 $0 $0 $0 $7,280 1.2.3 Prepare Monthly MWBE Reporis 20 30 $5,950 $0 $0 $0 $5,950 2.0 Long-Term Biosolids Master Plan 394 68 40 20 0 0 312 330 112 64 E229,210 5100,048 5133,815 513,052 54,150 5251,065 a480,275 2.1 Project Kick-Off/Chartering Workshop 32 24 32 10 12 $20,642 $2,538 $3,894 $2,000 $250 $8,681 $29,323 2.2 Data Gathering 24 8 4 $6,236 $0 $19,198 �52 $300 $19,550 $25,786 2.3 Regulato Review 24 4 4 4 $6,500 $18,096 $907 $0 $200 $19,203 $25,703 2.4 Criteria Selection and Weighting Workshop 24 8 12 12 32 8 $18,012 $4,701 $1,814 $3,000 $250 $9,765 $27,777 Biosolids Projections and Short-Term 2.5 Capacity Evaluation 80 32 100 8 $36,516 $16,640 $2,987 $1,000 $100 $20,727 $57,243 2.6 Develop and Screen Alternatives Workshop 24 12 32 24 8 $17,920 $4,701 �4,534 $2,000 $250 $17,485 $29,405 Market Analysis of Biosolids End-use 2.7 Product 16 8 12 4 $6,632 $0 $31,200 $100 $31,300 $37,932 2.8 Detailed Alternative Evaluation 50 60 40 20 40 $33,180 $36,192 $41,600 $100 $77,892 $117,072 2.9 Detailed Alternative Evaluation Worksho 24 12 32 16 8 $16,712 $5,970 $5,653 $2,000 $250 $13,873 $30,585 Refne Long-Term Biosolids Plan and 2.10 O erational Strategies 32 12 24 60 12 $23,620 $4,160 $7,467 $100 $11,727 $35,347 Long-Term Biosolids Management 2.11 Recommendations Worksho 24 12 12 32 20 8 $20,448 $4,701 $4,801 $3,000 $250 $12,751 $33,199 Final VCWRF Biosolids Implementation and 2.12 Long-Term Master Plan Report 40 12 60 16 24 $22,792 $2,350 $9,759 $2,000 $14,110 $36,902 3.0 Contract Process Im rovements 24 120 4 24 28 6 14 120 24 0 E68,789 �0 57,488 53,000 a400 a10,888 a79,677 Analysis of Existing Contract and 3.1 Performance 8 40 2 12 12 4 8 40 8 $25,324 $0 $3,744 $100 $3,844 $29,168 3.2 Contract Strategy Workshop 8 40 2 12 12 0 2 20 8 $20,036 $0 $2,808 $3,000 $250 $6,058 $26,094 3.3 Conlract Guidance Document 8 40 4 2 4 60 8 $23,429 $0 $936 $50 $986 $24,415 4.0 Additional Services 0 0 0 0 0 0 0 0 0 0 E65,000 515,000 a20,000 EO j0 y35,000 a100,000 Totals 838 188 44 44 28 6 326 450 366 64 y457,149 E115,048 3161,303 =16,052 E4,550 $296,953 E754,102 City of Fort Worth, Texas Attachment B- Level of Effort Supplement PMO Official Release Date: 5.19.2010 f[Sil ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek Regional Water Reclamation Facility Biosolids Implementation and Long-Term Master Plan City Project No. 1. Article III, paragraph A. (1). Delete "Attachment D" and replace it with "Attachment B". 2. Article IV, paragraph J. (1). Delete "iive (5) years" and replace it with "three (3) years" in the fi�st sentence, 3. Article IV, paragraph J. (2). Delete "five (5) years" and replace it with "three (3) years" in the first sentence. 4. Article IV, paragraph K. (1) a. i., insert the following change in the first sentence: "The CITY shall be included as an additional insured under the CGL, using.. .. ..." 5. Article IV, paragraph K. (1) a. ii., insert the following change in the first sentence: ENGINEER waives all rights of Subro a,� tion against the CITY and its �ge�s; officers, directors....." 6. Article IV, paragraph K. (1) b. i., insert the following change in the first sentence: ENGINEER waives all rights of Subro ag tion against the CITY and its �� of�cers, directors....." 7. Article IV, paragraph K. (1) c. i., insert the following change in the first sentence: ENGINEER waives all rights of Subro�ation against the CITY and its ��s, of�cers, directors....." 8. Article IV, paragraph K. (2) b., insert the following change: "Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as it interest may appear. The term CITY shall include its employees, officers, officials, ag€�� and volunteers as respects the contracted services." 9. Article IV, paragraph K. (2).i. CH2M HILL considers their insurance policies proprietary information. Therefore we would request the following changes: "The CITY shall be entitled, upon its reasonable request ^ra �_,;*'��„* :��„r�:r� e�er�se, 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 liti�ation under this Agreement, CITY mav request and shall receive a copv of the policv and any endorsements related to this AGREEMENT. In the event of a public information request for same, CITY a reg es 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." 10. Article VI, paragraph H., insert the following changes: "Limitations of liability and indemnities in the AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability �„a �^'� H^�'��-�r�� � r�ra�mr����*��N. Parties mean the City of Fo�t Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 2 CITY and the ENGINEER, and their offices, employees, agents, and subcontractors." 11. Refer to ATTACHMENT B, COMPENSATION. In the second paragraph after sub-paragraph I.A. iv. Insert the following changes: "If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in ��� Section IV — Summary of Total Project Fees of this ����� Attachment B will be exceeded, whether by change in scope. ...." City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 2 of 2 ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 29 30 31 32 33 34 35 36 37 38 Name olids Long-Term Master Plan Assumed Notice to Proceed Preparation for Kick-off meeting Kick-off ineeting Gather Data / Regulatory Review Deliver Draft TM 1 and 2 City Review of Draft TM 1 and 2 Deliver Final Technical Memorandum 1 and 2 Criteria Selection and Weighting Workshop Develop Biosolids Projections Deliver Draft TM 3 City Review of Draft TM 3 Deliver Final TM 3 Develop and Screen Alternatives Workshop Market Analysis of Biosolids End-Use Products Deliver Draft TM 4 City Review of Draft TM 4 Deliver Final TM 4 Detailed Alternative Evaluation Deliver Draft TM 5 City Review of Draft TM 5 Detailed Alternative Evaluation Workshop Deliver Final TM 5 Refine Long-Term Biosolids Plan and Operational Strategies Deliver Draft TM 6 City Review of Draft TM 6 Long-Term Biosolids Management Recommendations Workshop Deliver Final TM 6 Develop and Deliver Final (Draft) Biosolids Master Plan Report City Review of Final (Draft) Biosolids Master Plan Report Deliver Final Biosolids Master Plan Report tract Process Improvements Analysis of Existing Contract and Performance Contract Strategy Workshop Contract Guidance Document Deliver Draft TM 7 City Review of Draft TM 7 Develop and Deliver Final TM 7 Attachment D City of Fort Worth VCRWF Biosolids Implementation and Long-Term Master Plan Duration ' Start Finish Feb'1IMar'13'Apr'13 May'13IJun'13�Ju1'13 'Aug'13 Sep'13'Oct'13�Nov'13;Dec'131Jan'14 Feb'1''Mar'14IApr'14 May' 375 days Mon 4/15/13 Fri 9/19/14i 0 days Mon 4/15/13 Mon 4/15/13� � 20 days Mon 4/15/13 Fri 5/10/13i ' 1 day Mon 5/13/13 Mon 5/13/13; - 5113 ' ', i 40 days Tue 5/14/13 Mon 7/8/13j ', ' 1 day Tue 7/9/13 Tue 7/9/13' � ' 10 days Wed 7/10/13 Tue 7/23/13 10 days Wed 7/24/13 Tue 8/6/13 1�gfg 1 day Wed 8/21/13 Wed 8/21/13I ♦ 8/21 , 40 days Thu 8/22/13 Wed 10/16/13 �i 1 day Thu 10/17/13 Thu 10/17/13 10 days Fri 10/18/13 Thu 10/31/13 ' � ' 10 days Fri 11/1/13 Thu 11/14/13! 11/14 i 1 day Fri 11/22/13 Fri 11/22/13� ; 11/22 ' 25 days Mon 11/25/13 Fri 12/27/13 ', ' , 1 day Mon 12/30/13 Mon 12/30/13� , , ' 10 days Tue 12/31/13 Mon 1/13/14; I ; 10 days Tue 1/14/14 Mon 1/27/14 ' ' , 9127 40 days Tue 1/28/14 Mon 3/24/14 ', ', 1 day Tue 3/25/14 Tue 3/25/14i , ; 10 days Wed 3/26/14 Tue 4/8/14j � ' 1 day Wed 4/9/14 Wed 4/9/141 /g ' � ' 10 days Thu 4/10/14 Wed 4/23/14; ' � 30 days Thu 4/24/14 Wed 6/4/14� 1 day Thu 6/5/14 Thu 6/5/14 ', ', ' 10 days Fri 6/6/14 Thu 6/19/14 ', , ' ' 1 day Fri 6/20/14 Fri 6/20/14 ' ' ' ' 10 days Mon 6/23/14 Fri 7/4/14� , 30 days Mon 7/7/14 Fri 8/15/14i 15 days Mon 8/18/14 Fri 9/5/141 10 days Mon 9/8/14 Fri 9/19/14) , , i 62 days Mon 9/22114 Tue 12/16/14 ' ', ' ; ' 20 days Mon 9/22/14 Fri 10/17/14) 1 day Mon 10/20/14 Mon 10/20/14i 20 days Tue 10/21/14 Mon 11/17/14) ' 1 day Tue 11/18/14 Tue 11/18/14 ', ' ' 10 days Wed 11/19/14 Tue 12/2/14 ', ', 10 days Wed 12/3/14 Tue 12/16/14 ', ' ', ' Project: biosolids_rolled-up_schedule Task • Progress Summary External Tasks ;: _ - _ _ _ _ _ __: Deadline Date: Tue 4/9/13 Split __ Milestone p Project Summary =- - External Milestone : �� Jun'14 Jul'14',Auq'14�Sep'14�Oct'14'Nov'14' /4 9/19 10/20 Page 1 City of Fort Worth, Texas Illlayor and Council Communication COUNCIL ACTION: Approved on 4/2/2013 DATE: Tuesday, Apri102, 2013 REFERENCE NO.: **C-26187 LOG NAME: 60VILLAGE CREEK WRF BIOSOLIDS MASTER PLAN SUB.TECT: Authorize Execution of an Agreement with CH2M HILL Engineers, Inc., in the Amount of $767,920.00 for Biosolids Implementation and Long Term Master Plan at the Village Creek Water Reclamation Facility (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 $767,920.00, for Biosolids Implementation and Long Term Master Plan at the Village Creek Water Reclamation Facility. DISCUSSION: The City of Fort Worth owns and operates the Village Creek Water Reclamation Facility (VCWRF). The VCWRF is a 166 Million Gallons per Day (MGD) activated sludge wastewater treatment system; comprised of primary, secondary and tertiary treatment, chlorine disinfection and de—chlorination. The disposal of Biosolids at the VCWRF is operated by Renda Environmental, Inc. This contract has been in place since 1995 and includes the dewatering (with filter belt presses) and processing (lime application) at the plant Sludge Only Landfill, and disposal by land application to agricultural lands in the area. The current contract for dewatering, processing and disposal will expire at the end of March 2020. Industry trends and population growth necessitate a review of the existing method used for disposing of solids. The proposed Biosolids Long Term Master Plan will identify options for biosolids disposal, operational sri-ategies, capital improvement projects and regulatoiy requirements. The proposed scope includes: 1. Evaluation of the current operation to identify potential cost savings opportunities. 2. A market analysis of biosolids end—use products for possible revenue generating alternatives. 3. Strategic review of current legislation and industry trends for biosolids processing and disposal. 4. A Biosolids Master Plan including alternatives evaluation and development of best alternative for the VCWRF. 5. The evaluation and recommendation for the current biosolids disposal contract; as well as recommendations for the future biosolids plan and/or contract. CH2M HILL Engineers, Inc., has been selected as the consulting firm to do this project. They are proposing to perform the necessary work for a fee not to exceed $767,920.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. Funds were not specifically budgeted for this project in the Fiscal Year 2013 Adopted Budget, however, the department has identified current year savings to offset the fu�l cost. M/WBE Office: CH2M HILL Engineers, Inc., is in compliance with the City's M/WBE Ordinance by committing to LS percent M/WBE participafion. The City's goal on this project is 15 percent. In addition to the contract amount, $40,000.00 is required for project management and associated Staff time for the Water Department. This project serves the entire City and is located in COUNCIL DISTRICT 5, Mapsco 68N. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current budget, as appropriated, of the Water and Sewer Fund. FUND CENTERS: TO Fund/Account/Centers FRQM Fund/Account/Centers PE45 531200 0705008 $7C7.920.00 CERTIFICATIONS: Submitted for Ci�v Manager's Office b� Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Farida S. Goderya (8214) ATTACHMENTS l. Ch2M Hill Engineers Compliance Memo.pdf 2.PE45-531200-0�05008.docx 3. VC WRF Biosolids Implementation and Long term Master Plan.pdf