HomeMy WebLinkAboutContract 63050*04211.rewleslext.
FORT WORTH,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and ONDA ENVIRONMENTAL, INC
("Vendor"), a TEXAS CORPORATION Sand acting by and through its duly authorized representative,
each individually referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS;
The Agreement documents include the following:
i. This Vendor Services Agreement;
2. Exhibit A — Scope of Services and Price Schedule;
3. Exhibit B — Price Schedule; and
4. Exhibit C — Certificate of Insurance (ACORD) Form.
5. Exhibit D - If necessary.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
control.
1. Scope of Services. Vendor will provide biosolids management services ("Services"),
which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
Any modification or expansion of the Scope of Services shall be effective only if set forth in a written
amendment to Exhibit A executed by both City and Vendor. Vendor will be compensated for additional
services performed or expenses incurred as a result of any modification of the Scope of Services as mutually
agreed upon by the parties.
2. Term. The initial term of this Agreement is for fa period of one (1) dear, beginning on the
date that this Agreement is executed by the City's Assistant City Manager (`Effective Date"), unless
terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole
discretion, to renew this Agreement under the same terms and conditions, for one additional year (the
"Renewal Term").
3. Comensation.
3.1 Total compensation under this Agreement will be in an amount up to ten million
dollars ($,10,000.000.00,�.
Vendor Services Agreement (Biosolids Facility) Page 1 of 14
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit "B,"
which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
3.4 Reimbursable Exnenses. City agrees to reimburse Vendor for reasonable out-of-
pocket expenses incurred by Vendor in the performance of the Services, provided that
such exnenses are pre -approved in writine by City.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination. In the event of
termination by City, City shall pay Vendor for all Services performed up to the effective date of
termination, including all reasonable costs incurred by Vendor in winding down its activities under
this Agreement.
4.2 Non-annronriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence at least 30 days prior to the anticipated termination date and this Agreement
will terminate on the last day of the fiscal period for which appropriations were received without
penalty or expense to City, except as to the portions of the payments herein agreed upon for which
funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
Vendor Services Agreement (Biosolids Facilily) Page 2 of 14
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a
reasonably secure manner and will not allow unauthorized users to access, modify, delete or
otherwise corrupt City Information in any way. Vendor must notify City immediately if the security
or integrity of any City Information has been compromised or is believed to have been
compromised, in which event, Vendor will make reasonable efforts to assist City in identifying
what information has been accessed by unauthorized means and will cooperate with City to protect
such City Information from further unauthorized disclosure, to the extent reasonably practicable..
6. Right to Audit. Vendor agrees that City will, until the expiration of one (1) year after final
payment under this Agreement, or the final conclusion of any audit commenced during the said year, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers and
records, including, but not limited to, all electronic records, of Vendor involving transactions relating to
this Agreement. Vendor agrees that City will have access City will have access to and the right to examine
at reasonable times any directly pertinent books, documents, papers, and records of Vendor solely related
to work performed under this Agreement. City will give Vendor reasonable advance notice of intended
audits but in no event less than thirty (30) days' prior written notice. The City shall be responsible for all
costs and expenses incurred in connection with any such audits
7. Indenendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS
Vendor Services Agreement (Biosolids Facility) Page 3 of 14
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROMAND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRESENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City far
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software or documentation in accordance with this Agreement,
it being understood that this agreement to defend, settle or pay will not apply if City modifies
or misuses the software and/or documentation. So long as Vendor bears the cost and expense
of payment for claims or actions against City pursuant to this section, Vendor will have the
right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, City will have the right
to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to
protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event
City, for whatever reason, assumes the responsibility for payment of costs and expenses for
any claim or action brought against City for infringement arising under this Agreement, City
will have the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim; however,
Vendor will fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor timely written notice of any such claim or action, with copies of
all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify
City under this Agreement. If the software and/or documentation or any part thereof is held
to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, Vendor will, at its own expense and
as City's sole remedy, either: (a) procure for City the right to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non -
infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and
documentation with equally suitable, compatible, and functionally equivalent non -infringing
software and documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City, subsequent to which termination City may seek any and all
remedies available to City under law.
8.4 8.4 Limitation of Liability. In no event shall Vendor be liable to City for ally
indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility
of such damages. Vendor's total liahility under this Agreement shall not exceed the total
compensation to be paid Vendor under this Agreement. This section shall not serve to limit
Vendor's obligations tinder sections 8.1 and 8.2, above.
Vendor Services Agreement (Biosolids Facility) Page 4 of 14
9. Assianment and Subcontracting.
9.1 Assianment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): [l Applicable'® NIA
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Vendor Services Agreement (Biosolids Facility) Page 5 of 14
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Reiulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
Vendor Services Agreement (Biosolids Facility) Page 6 of 14
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
IO,enda Environmental, Inc
Corey Wells, CFO
1522 Benson Lane
1�oanoke, TX 76262,
Email: cwells@rendaenvironmental.con
14. Solicitation of Emolovees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law 1 Venue. This Agreement will be construed in accordance with the laws
of the State of Texas, If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Mai eure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
Vendor Services Agreement (Biosolids Facility) Page 7 of 14
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Patty provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Parry's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. If the Force
Majeure Event continues for more than thirty (30) days, either party may terminate this Agreement upon
10 days' written notice to the other party, without further obligation or liability except for payment of
Services rendered prior to the effective date of termination. The notice required by this section must be
addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counteruarts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Wal'rRnty of Services. Vendor warrants that its services for repairing equipment will
conform to generally prevailing industry standards. This warranty is exclusive and is in lieu of all other
warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Vendor shall have no liability for modifications, adjustments, or alterations made by City or third parties.
Vendor shall provide to City all warranties associated with parts and materials incorporated into such
repairs.
25. Immigration Nationalitv Act, Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. O►vnershin of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City fiom
Vendor Services Agrecment (Biosolids Facility) Page 8 of 14
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City. Notwithstanding the
foregoing, Vendor shall retain ownership of any proprietary methodologies, software, tools, or other
intellectual property developed independently of the services provided under this Agreement.
27. Sianature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Chance in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification fiom 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boveottins Enerev Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City
is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that
is to be paid wholly or partly from public finds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the Vendor that it: (1) does not have a
Vendor Services Agreement (Biosolids Facility) Page 9 of 14
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the
City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement (Biosolids Facility) Page 10 of 15
City:
By:
Name
Title:
Date:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
C 1
�Jesica McEachernI
Assistant City Manager
04/04/2025
Vendor:
By:
00�01-
Name: �en Davis
Title: residen�
Date: 4/4/25
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
ChY1kovheY fylG kY (ek
By:
Christopher Harder (Apr4, 2025 16:24 CDT)
Name: [Chris Harder I
Title: Water Department
Approved as to Form and Legality:
9&-64t�
By:
Douglas Black (Apr 4, 2025 16:28 CDT)
Name: (Douglas W. Black
Title: Sr. Assistant City Attorney
Contract Authorization:
M&C: [See Attached Memorandum Dated April
2, 2025.1
Form 1295: [NlA
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.
/L lb)Mta4l
By:
Name: ISteve Nutter
Title: iSuperintendeni
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
AT
Vendor Services Agreement (Biosolids Facility) Page 11 of 15
EXHIBIT A
SCOPE OF SERVICES
Vendor Services Agreement (Biosolids Facility) Page 12 of 14
DRAFT EXHIBIT A - SCOPE
1) Costs associated with the activities listed below are detailed in Exhibit B.
2) Commencement Date: April 5", 2025 at 12:00 am.
3) Biosolids Dewatering Activities.
a. Existing belt press facility. Starting on the Commencement Date Renda shall have
personnel onsite to verify the working condition of the existing assets in the belt press
building, as well as the sludge levels in the three storage tanks. Based on information
gathered that morning, and with prior written approval from the City, Renda will
commence with dewatering activities utilizing the assets in the existing belt press facility.
i. Renda will utilize lime for feedstock processing only upon written approval by
the City. See Section 14(b) below.
ii. Processing of incoming sludge (feedstock) from the Village Creek Water
Reclamation Facility (VCWRF) shall be done in accordance with Section 4
below.
b. Renda shall construct and utilize a temporary belt -filter press line for the purposes of
processing dredged materials from the onsite storage ponds. If needed, the temporary
belt press line shall also have the ability to process incoming feedstock from the
VCWRF, however this shall be done in accordance with Section 4 below.
i. The temporary belt press line shall include the dewatering equipment and asphalt
storage pad as described in Exhibit B
ii. Renda will utilize lime for dredged materials only upon written approval by the
City. See Section 14(b) below.
iii. Renda will provide, at no extra cost, any temporary hoses, pipelines, or pumps to
process dredged materials or feedstock via the temporary belt press line.
c. Renda will be responsible for supplying all polymer and lime for processing materials via
the temporary belt press line and the existing Belt Press Facility.
d. Operate valves and mixers associated with the three onsite storage tanks. These activities
will be done in coordination with City, specifically for those times when the feedstock is
to be diverted to dryer facility operations. See Section 4 below. The City will assume full
responsibility for tank mixing activities upon issuance of written notification to Renda.
c. As needed and appropriate, coordinate with the City on ferric chloride dosing activities.
The City will be responsible for setting chemical dosing rates, and will also pay the cost
for the ferric chloride.
f. Operate the return flow pump station to return the filtrate, centratc, process water and
stormwater back to the VCWRF. Provide any temporary pumping solutions, such as
portable diesel pumps, to ensure wastewater is pumped back to VCWRF. Utilize best
management practices to reduce the solids loading retuned back to VCWRF. The City
will assume full responsibility for return flow pumping activities upon issuance of written
notification to Renda.
g. Renda will provide, at no extra cost to the City, fuel for its vehicles and other assigned
operations (such as portable diesel pumps). This includes trucking operations.
h, Renda will assume responsibility for retaining the services of a qualified third party
contractor to perform routine calibrations of the onsite truck scales (frequency once per
two months). The City will assume full responsibility for truck scale calibration upon
issuance of written notification to Renda.
4) Feedstock Processing.
a. In regards to the VCWRF feedstock, the City will prioritize the production of the dried
Class A pelletized product, or alternatively the production of centrifuged cake (again
from the VCWRF feedstock). During these times, the processing of feedstock via belt
filter presses may not be needed. Upon written notice from the City, Renda will either
reduce or halt belt pressing operations of the feedstock so that the City can utilize the
rotary drum dryer / centrifuges. Similarly, upon written notice from the City, Renda will
utilize belt presses to provide dewatering of feedstock as needed.
b. Odor Control Best Management Practices at the Biosolids Dewatering Facility. Due to
recent odor impacts on the surrounding community, it is imperative that steps be
implemented to reduce the potential for offsite odors. This includes minimizing the
quantities of stockpiled materials (weather permitting), minimizing hold times prior to
hauling materials offsite, as well as other potential odor control measures. The City will
work with Renda. to identify and implement needed odor control measures, and may
consider a contract amendment to implement any mutually agreeable solution(s).
5) Pond Dredging Operations
a. Perform molybdenum sampling of the north pond based on the previous sampling
protocols established by Jacobs Engineering. Coordinate with the City to evaluate
molybdenum sample results. Any material found to be above TPDES or other regulatory
limits will sent off for appropriate disposal (such as landfilling).
b. Dredged materials from the south pond will be landfrlled.
c. Odor Control Best Management Practices at the Biosolids Dewatering Facility. Due to
recent odor impacts on the surrounding community, it is imperative that steps be
implemented to reduce the potential for offsite odors. This includes minimizing the
quantities of stockpiled materials (weather permitting), minimizing hold times prior to
hauling materials offsite, as well as other potential odor control measures. The City will
work with Renda to identify and implement needed odor control measures, and may
consider a contract amendment to implement any mutually agreeable solution(s).
6) Condition Assessment
a. Perform a detailed condition assessment of the assets within the existing Belt Press
Building, as well as the mixers on the sludge storage tanks and the return flow pump
station. Compile a report detailing the findings of the condition assessment, with
recommendations on needed repairs, equipment replacements, or potential upgrades.
Provide a detailed line item cost estimate for performing such work.
7) Maintain and repair functional equipment associated witli the Belt Press Building, storage tanks,
chemical feed station, and return flow pump station. Equipment that is turned over to Renda in
poor or inoperable conditions may be repaired, replaced or upgraded as detailed in Section 6
above.
8) 5 MG Storage Tank Cleaning. Upon conferring with the City, begin tank cleaning operations as
soon as practicable. Removed materials will be sent to a landfill for disposal.
9) Pre -Existing Stockpiled Materials.
a. The City's priority is to landfill materials that were stockpiled prior to the
Commencement Date. All landfill tipping fees will be a pass -through cost to the City.
Renda will coordinate with area landfills for the purpose of disposing of these materials.
b. If landfill capacity is limited or unavailable, then the City may issue a written request for
Renda to reprocess the pre-existing stockpiled materials to meet Class AB standards.
Renda will then load these materials onto trucks and haul them offsite for beneficial
reuse, but again only after receiving written notice from the City. These activities will be
done in accordance with Section 15 below.
10) Class A Biosolids
a. The City is responsible for ensuring the dried pelletized product meets all Class A
standards, including those for pathogens and vector attraction reduction.
b. Renda will haul the Class A materials offsite for either landfill disposal or beneficial
reuse, as detailed in Section 14 and 15 below.
c. Renda is responsible for obtaining any land application agreements with landowners.
11) Class AB Biosolids
a, Renda is responsible for ensuring that belt pressed materials that are to be land applied
meet Class AB standards, including those for pathogens and vector attraction reduction.
b. Renda will process, transport, and haul the Class A materials offsite for either landfill
disposal or beneficial reuse, as detailed in Section 14 and 15 below.
c. Renda is responsible for obtaining any land application agreements with landowners.
12) Off -Spec Materials. This includes biosolids that do not meet Class A or Class AB standards, as
well as feedstock residuals such as grit, debris, and screenings. Renda will load and haul these
materials offsite for landfill disposal.
13) Centrifuged materials will be considered as off -spec materials. A centrifuge unloading station
will be constructed by the City for the purposes of off-loading centrifuge cake into a truck trailer.
Once complete, Renda will handle the centrifuged materials as described in Exhibit B, and will
haul this material offsite for landfill disposal.
14) Landfilling
a. The City's priority is to landfill the Class A, Class AB, and off spec materials that are
produced from biosolids processing and tank cleaning activities. Renda will coordinate
with area landfills for disposal of these materials, and keep the City updated of any
landfill restrictions or limitations.
b. Provided there is adequate landfill capacity, belt pressed materials that are destined for
landfilling will not receive lime treatment (and as such are consider off -spec material).
Use of lime for belt pressed biosolids will require prior written approval from the City.
c. All landfill tipping fees will be a pass -through cost to the City.
d. If for whatever reason landfill capacity is limited or unavailable, and upon written
concurrence from the City, Renda will be authorized to land apply Class A or Class AB
biosolids. Land application will be performed in accordance with Section 15 below.
15) Regulatory Services
a. Comply with all Federal, State, and City of Fort Worth laws and regulations.
b. Renda shall perform land application activities in accordance with 40 CFR Part 503, 30
TAC Chapter 312, as well as TPDES permit requirements
c. Renda will be responsible for ensuring that all Class AB materials meet Federal and State
processing requirements, including those for pathogens and vector attraction reduction
d. Perform sampling and analysis, including odor monitoring, to meet applicable TPDES
permit and landfill requirements. The City shall be responsible for sampling and analysis
associated with the Class A pelletized product.
e. Renda is responsible for cleaning up any spills associated with its contractual obligations,
including during transportation to landfills and land application. Renda will promptly
notify the City of any spills that occur on public roadways.
f. Document and maintain records for the regulatory activities associated with this scope of
work. Provide copies of those regulatory documents to the City. Coordinate with the
City on submittal of the Biosolids Annual Reports and Quarterly Odor Control Reports.
g. Renda will be responsible for compiling all required information for the TCEQ monthly
land applications schedules. Renda will submit this information to the TCEQ by the 21'
day of each calendar month. A copy of the land application schedule will be forwarded
to the City.
h. Renda is responsible for noticing land application sites with TCEQ.
16) Safety. Renda is responsible for implementing a safety program for its employees that meets
Federal and State Requirements
17) Security. Outside of normal work hours, the City will coordinate with Renda on procedures for
securing the front gate to the Biosolids Facility.
18) MonthIy Reimbursement for Services. Renda will be reimbursed on a monthly basis for the
activities outlined in this agreement. The City will work with Renda on developing a monthly
invoice that includes details on all required information.
EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement (Biosolids Facility) Page 13 of 14
SYNAGRO STOCKPILED MATERIALS
NOTE: THE TOTALTONNAGE LEFT BEHIND BY SYNAGRO IS SUBJECT TO CHANGE, NUMBERS
QUOTED BELOW ARE ESTIMATES
NOTE: DUE TO PFAS CONCERNS, LANDFILLING WILL BE THE PREFERRED SOLUTION.
NOTE: IF STOCKPILE MATERIALS ARE LAND APPLIED THEY WILL NEED TO BE RE -LIMED.
NOTE: INCLUDES COSTS ASSOCIATED WITH CURRENT REGULATORY ACTIVITIES
100% LAN DFILLING OF SYNAGRO'S STOCKPILED MATERIALS
ITEM UNIT
Estimated Total Tonnage (Synagro Material) 16,000 wet tons
Loading, transportation* $48.00 $/wet ton
Landfill Tipping Fee TBD $/wet ton
Total Estimated Unit Cost (loading, transportation, tipping fee) $48.00 $/wet ton
TOTAL COST 1'0 LANDFILL (Without Tipping Fees) $768,000.00
ALTERNATE: CLASS AS LAND APPLICATION OF SYNAGRO'S STOCKPILED MATERIALS
ITEM
UNIT
Estimated Total Tonnage (Synagro Material) 16,000 wet tons
Re -liming, loading, transportation, land application $83.95 $/wet ton
Total Unit Cost (Lime, loading, transportation, land app) $83.95 $/wet ton
TOTAL COST (ALL STOCKPILED MATERIAL TO LAND APPLICATION) $1,343,200.00
ITEM
UNIT
Estimated Total Tonnage (Synagro Material)
13,000 wet tons
Re -liming, loading, transportation, land application
$88.28 $/wet ton
Total Unit Cost (Lime, loading, transportation, land app)
$88.28 5/wet ton
TOTAL COST (ALL STOCKPILED MATERIAL TO LAND APPLICATION)
$1,147,600.00
111:11kTi
UNIT
Estimated Total Tonnage (Synagro Material)
10,000 wet tons
Re -liming, loading, transportation, land application
$95.20 $/wet ton
1 Total Unit Cost (Lime, loading, transportation, land app)
$95.20 $/wet ton
TOTAL COST (ALL STOCKPILED MATERIAL TO LAND APPLICATION)
$952,000.00
ITEM
Estimated Total Tonnage (Synagro Material)
Re -liming, loading, transportation, land application
Total Unit Cost (Lime, loading, transportation, land app)
TOTAL COST (FILL STOCKPILED MATERIAL TO LAND APPLICATION)
ITEM
Estimated Total Tonnage (Synagro Material)
Re -liming, loading, transportation, land application
Total Unit Cost (Lime, loading, transportation, land app)
TOTAL COST (ALL STOCKPILED MATERIAL TO LAND APPLICATION)
UNIT
7,500 wet tons
$105.20 $/wet ton j
$105.20 $/wet ton
$789,000.00
UNIT
5,000 wet tons
$125.20 $/wet ton
$125.20 $/wet ton
$626,000.00
PROCESSING & DISPOSAL/REUSE OF FRESH VC SLUDGE
NOTE: DUE TO PFAS CONCERNS, LANDFILLING WILL BE THE PREFERRED SOLUTION
NOTE: DOES NOT INCLUDE COSTS ASSOCIATED WITH SLUDGE CONDITIONING USING FERRIC
NOTE: ASSUME 2,500 DRY TONS PER MONTH
NOTE: INCLUDES COSTS ASSOCIATED WITH CURRENT REGULATORY ACTIVITIES
100% LANDFILLING OF FRESH VC SLUDGE
ITEM UNIT
Estimated Total Monthly Dry Tonnage 2,500 dry tons/mo
Estimated percent solids (no lime) 0.16
Estimated Total Monthly Wet Tonnage @16% Solids 15,625 wet tons
Unit Cost - Process VC Sludge (no lime), loading, transportation $79.35 $/wet ton
Landfill Tipping Fee TBD $/wet ton
Tota Unit Cost - (processing, loading, transportation, tipping fee) $79.35 $/wet ton
TOTAL COST TO LANDFILL (Without Tipping Fees) $1,239,843.75
ALTERNATE: CLASS AB LAND APPLICATION OF FRESH VC SLUDGE
ITEM UNIT
Estimated Total Monthly Dry Tonnage
Estimated percent solids (no lime)
Estimated Total Tonnage @16% solids (plus + 50 lbs/WT lime)
Process Class AB material, loading, transporation, land application **
Total Unit Cost - (processing, loading, transportation, land application)
TOTAL COST (ALL MONTHLY PRODUCTION TO LAND APPLICATION)
Monthly Rental
Rentals
Belt Press****
Mix Tank
Lime System
Lime Tanks
Agi-pompe
Water Return Pump
Shaker Screen
Total Monthly Rentals
2,500 dry tans/mo
0.16
%
16,016
wet tons
$85.00
$/wet ton
$85.00
$/wet ton
$1,361,328.13
Cost
Total/Month
(6)
$
15,000.00
$
90,000.00
(1)
$
15,000.00
$
15,000.00
(1)
$
6,000.00
$
6,000.00
(2)
$
5,000.00
$
10,000.00
(1)
$
7,500.00
$
7,500.00
(1)
$
7,500.00
$
7,500.00
(1)
$
2,600.00
$
2,600.00
$ 138,600.00
*Additional $17/WT for Hillside and Lacy Lakeview Landfill
**Monthly polymer evaluation for consumption demand will be performed to bring price to $77 per WT for land
application and $71.35 per WT for landfill.
***Prices good for 12 mo. DFW area CPI adjustment annually.
NORTH POND DREDGING OPERATIONS & DISPOSAL/REUSE
NOTE: MATERIAL WITH ELEVATED LEVELS OF MOLYBDENUM WILL BE LANDFILLED.
NOTE: DUE TO PFAS CONCERNS, LANDFILLING WILL BE THE PREFERRED SOLUTION FOR ALL OTHER
DREDGED MATERIALS, BUT THIS WILL DEPEND ON LANDFILL AVAILABILITY.
NOTE: INCLUDES COSTS ASSOCIATED WITH CURRENT REGULATORY ACTIVITIES,
ONE-TIME DREDGE MOBILIZATION COST
ITEM I TOTAL COST
TOTAL COST: Dredge mobilization, operation, demobilization $550,000
Molybdenum Test w/Long Reach Exc. Per Jacobs Map (Lump Sum) 1
$38,000
100% LANDFILLING OF DREDGED MATERIALS
ITEM
UNIT
Estimated dry tonnage in north pond
3,000
dry tons
Estimated percent solids (no lime)
0.16
%
Estimated Total Monthly Wet Tonnage @ 16% Solids
18,750
wet tons
Process pond material (no lime), loading, transportation
$68.00
$/wet ton
Landfill Tipping Fee
TBD
$/wet ton
Total Unit Cost (processing, loading, transportation, tipping fee)
$68.00
$/wet ton
TOTAL COST TO LANDFILL (Without Tipping Fees)
$1,275,000.00
ALTERNATE: CLASS AB LAND APPLICATION OF DREDGED MATERIALS
2/3 of 3,000 DT
ITEM
UNIT
Estimated Total Dry Tonnage (2/3 of 3,000 DT)
2,000
dry tons/mo
Estimated percent solids (no lime)
0.16
%
Estimated Total Tonnage @16% solids (plus * 50 Ibs/WT lime)
12,813
wet tons
Process to Class AB, loading, transptoration, land application
$77.00
$/wet ton
Total Unit Cost (processing, loading, transportation, land application)
$77.00
$/wet ton
TOTAL COST (ALL POND MATERIAL TO LAND APPLICATION)
$986,562.50
5 MG STORAGE TANK CLEANOUT
NOTE: ESTIMATES From 4 FT TO 9 FT OF RESIDUALS AT BOTTOM OF TANK
NOTE: PRICE BELOW INCLUDES TANK CLEANING, LOADING OF TRUCKS, TRANSPORTATION, AND
LANDFILL TIPPING FEES TBD
5 MG STORAGE TANK CLEANOUT AND DISPOSAL
ITEM UNIT COST
Estimated depth of residuals at bottom of tank (feet) 4 FT
Mobilization, Cleaning, & Hauling $338,363
Tipping Fees TBD
ESTIMATED COST FOR 4 FEET OF RESIDUALS (Without Tipping Fees) $338,363
ITEM UNIT COST
Estimated depth of residuals at bottom of tank (feet) 5 FT
Mobilization, Cleaning, & Hauling $360,463
Tipping Fees TBD
ESTIMATED COST FOR 5 FEET OF RESIDUALS (Without Tipping Fees) $360,463
ITEM UNIT COST
Estimated depth of residuals at bottom of tank (feet) 6 FT
Mobilization, Cleaning, & Hauling $382,525
Tipping Fees TBD
ESTIMATED COST FOR 6 FEET OF RESIDUALS (Without Tipping Fees) $382,525
ITEM U NIT COST
Estimated depth of residuals at bottom of tank (feet) 7 FT
Mobilization, Cleaning, & Hauling $404,625
Tipping Fees TBD
ESTIMATED COST FOR 7 FEET OF RESIDUALS (Without Tipping Fees) $404,625
Most Likely - Andritz performed a depth check - found 7 feet near stairs
ITEM UNIT COST
Estimated depth of residuals at bottom of tank (feet) 8 FT
Mobilization, Cleaning, & Hauling $426,725
Tipping Fees TBD
ESTIMATED COST FOR 8 FEET OF RESIDUALS (Without Tipping Fees) $426,725
ITEM UNIT COST
Estimated depth of residuals at bottom of tank (feet) 9 FT
Mobilization, Cleaning, & Hauling $448,788
Tipping Fees TBD
ESTIMATED COST FOR 9 FEET OF RESIDUALS (Without Tipping Fees) $448,788
Dryer Facility Management (Hauling/Disposal/Land App/ Centrifuge)
NOTE: DUE TO PFAS CONCERNS, LANDFILLING WILL BE THE PREFERRED SOLUTION
NOTE: ASSUME 2,500 DRY TONS PER MONTH
NOTE: INCLUDES COSTS ASSOCIATED WITH CURRENT REGULATORY ACTIVITIES
Landfill of Dried Biosolids
ITEM
UNIT
Estimated Total Monthly Dry Tonnage
2,500
dry tons/mo
Estimated percent solids
90.00
Estimated Total Monthly Wet Tonnage
2,777
wet tons
Unit Cost - Hauling to Landfill*
$48.00
$/wet ton
Landfill Tipping Fee
TBD
$/wet ton
Total Unit Cost - (transportation, tipping fee)
$48.00
$/wet ton
TOTAL COST TO LANDFILL (Without Tipping Fees)
$133,296.00
ALTERNATE: CLASS A Pellets to Land Application
ITEM
UNIT
Estimated Total Monthly Dry Tonnage
2,500
dry tons/mo
Estimated percent solids
92.00
%
Estimated Total Tonnage
2,777
wet tons
Unit Cost -Transportation and Land Application
$48.00
$/wet ton
TOTAL COST (ALL MONTHLY PRODUCTION TO LAND APPLICATION)
$133,296.00
Centrifuge Management/Hauling/Disposal to Landfill
ITEM
UNIT
Estimated Total Monthly Dry Tonnage
2,500
dry tons/mo
Estimated percent solids
23.00
%
Estimated Total Monthly Wet Tonnage
10,870
wet tans
Unit Cost - Hauling to Landfill*
$48.00
$/wet ton
Landfill Tipping Fee
TBD
$/wet ton
Total Unit Cost - (transportation, tipping fee)
$48.00
$/wet ton
Weekly Rate For Truck and Loader Operations**
$33,750.00
TOTAL COST TO LANDFILL (Without Tipping Fees)
$656,739.13
*Includes hauling off -spec dried biosolids as well. Additional $17/WT for Hillside and Lacy Lakeview Landfill
**Operations include 24 hours per day tandem dump truck & truck driver to be loaded by fill pipe at the dryer facility plus
loader & loader operator to stack biosolids at selected storage location at the SOL. Biosolids will be reloaded into large
capacity trucks during normal operating hours of selected landfill.
Mobilization Price for setting up temporarydewatering facility at Villa ;e Creek.
Amount Price Total
Conveyors 2 $ 55,000 $
Site Prep 1 $ 30,000 $
Belt Press* 6 $ 3,000 $
Asphalt Pad
Crane
Loader
Metal Fabrication
Electrical Work
Polymer System & Setup
Piping
Polymer Tanks
Sludge Pipe Trench
Lime System
Washwater Line
Cover?
Eco-blocks
I-beam stands
Shaker Screen & Mix tank
Grinder Pump
Insurance Policy for PFAS**
1 $ 238,948.50 $
1
1
1
1
6
800
2
1
1
400
24
12
0
TBD
$
20,000
2,000
12,000
100,000
13,300
20
20,000
5,000
60,000
5
150 $
100 $
18,000 $
1 1 $ 85,000
1 $ 105,000
Sub -total
Contingency
Total Cost
Mob. Labor
Contingency
Total Cost
C
System to handle average dailyflows from plant.
Comments
110,000 One conveyor to run under the belt presses and another to run under the lime mixer
30,000 Level, add rock, and compact for area where dewatering equipment will sit.
18,000 Cost to transport skid mounted belt presses.
4 inches of asphalt. Include 8 inches of base underneath for stability. Once final invoice is
238,949 received, price will be adjusted accordingly. (Will not exceed 3,055 sq. yards)
20,000 Load and Set up of belt presses on stands
2,000Move loader to SOL.
12,000 Miscellaneous metal fabrication needs for system setup.
100,000 Drop necessary power from poles and connect with all electrical systems.
79,800 Pumps including automated dosing system with flow meters
16,000 Estimated piping needs for both sludge and filtrate lines. Includes installation.
40,000 12 bulk storage tanks for polymer deliveries.
5,000 JCutting trench for sludge and water line to go under road for traffic access.
60,000 ITemporary lime mixer that will be refubished, including adjustable stand for height
2,000 1Install wash water line from fire hydrant outside dewatering facility
Longterm operation will necessitate a cover over the belt presses for employee safety.
3,600 Move eco blocks to VC. Used to elevate belt presses.
1,200 Move I-beam stands to VC. Used to add structure and height to belt presses.
- IThis will be included on pricing for dreclging costs
85,000 (One grinder pump, including additional replacement parts for debris and grit. Once final
invoice is received, price will be adjusted accordingly.
105,000 1$6mm 1-year term pollution policy with PFAS coverage for land application activities
928,549
10•/
1,021,403
117,625
10%
129,388
Overhead 10%
Profit 10%
Total Cost $ 1,392,457
*Belt Presses: Six presses needed to process high so ids ioaoing from pond oredging activities, as well as fresh VC sludge processing (if needed). This will also provide one redundant
press if another unit is down for repair. Separate from mobilization cost will be the monthly rental cost of $3.5,000 per 2m belt press for duration of project ($90,000 per month total for
6 presses). Please note this is a similar price that is charged to TRA.
**Land appliation will be utilized for scenarios when !andfill capacity is limited.
EXHIBIT C
INSURANCE
Vendor Services Agreement (Biosolids Facility) Page 14 of 14
EXHIBIT D
OTHER IF NECESSARY
Vendor Services Agreement (Biosolids Facility) Page 15 of 15
FORT WORTH
I►i I D1►1 to] :N,10111U011
Date: April 2, 2025
To: Jesica McEachern, Assistant City Manager
From: Chris Harder, P.E. Water Director
Subject: Emergency Procurement of Contracts — Village Creek Biosolids Facility Operation
The Water Department requests approval of expenditures and contract procurement necessary to protect the
public's health and safety during the transition from Synagro to Fort Worth for operations and maintenance
of the biosolids facility and processing and disposal of biosolids. This authorization is necessitated by the
termination of the contract with Synagro, the operator of the biosolids facility (CSC 53332), authorized by
City Council on March 25, 2025 (M&C 25-0281). The agreement formally terminating the contract was
fully executed on March 29, 2025 (CSC 5332-S1T1) and provides one week for the transition period with
formal handover being April 4, 2025 at 11:59 pm.
Full operational and maintenance responsibilities are being assumed by Fort Worth starting at midnight of
April 4fh, making April 51h the first day of operations. As of that date, the City's Water Department will
assume the duties for the plant's operations include the following:
• Staffing for the operation and maintenance of the existing belt press and dryer facility
• Processing and disposal of all biosolids received from the Village Creek Water Reclamation Facility
(VCWRF)
• Hauling off and disposal of all biosolids currently stockpiled on site
• Cleaning existing residual ponds and storage tanks
• Equipment condition assessments and repairs
• Assumption of air permit and air permitting compliance activities
Processing and disposal of biosolids is an activity that falls under both state and federal regulations and
regulatory oversight. Biosolids are received from the VCWRF continuously, so continuity of operations
during this transition must be achieved in order to avoid excursions which could subject the City to
regulatory penalties and to protect the public health and safety. It is imperative that the City quickly put
into place agreements that can be used to process and dispose of biosolids in accordance with state
regulations.
CFW Biosolids Facility Take -Over Memorandum Page 1 of3
Chapter 2, Article 1, Section 2-9 of the City of Fort Worth's Code of Ordinances and Section 252.022 of
the Texas Local Government Code govern emergency expenditures or those exempt from public bidding
requirements that are necessaryto preserve or protect public health or safety of the municipality's residents.
Specifically, City Code at Section 2-9(d)(9) defines an emergency procurement as one made to protect the
public health or safety of the city's residents and Texas Local Government Code exempts from public
bidding procurements necessary to preserve or protect the public health and safety of the municipality's
residents (252.022(a)(2)).
City staff have reached out to vendors currently under contract with Synagro, contractors familiar with the
operation and maintenance of the existing assets, and contractors familiar with biosolids regulations, to
quickly put into place agreements to assist Fort Worth during this transitionary period. The following
agreements are recommended to be executed, each in an "up to" amount:
Company Name
Renda Environmental,
Inc.
Andritz Separation
Technologies, Inc.
Automation Nation, Inc.
Huber Technology, Inc.
CVE Technologies, Inc.
dba CV Technologies,
Inc.
Ingersoll-Rand Company
Cintas Corporation
BelWavc
Communications, Inc.
Synagro of Texas -CDR,
Inc.
Scope of Work
Cost Estimate
•
Setup and operation of temporary belt presses
$10M
•
Repairs to existing belt presses
•
Cleaning of existing tanks
•
Dredging and cleaning existing residuals ponds
•
Hauling and disposal of biosolids
•
Temporary operations staffing and staff training
$2M
•
Condition assessment of existing assets
•
Preventive maintenance and repair of assets
•
Screening equipment rentals
•
Temporary operations/staff training
$500,000
•
SCADA and database upgrades and optimization
•
Staff training and monthly equipment rental
$150,000
•
Fire Suppression System Inspection, PM, repair
$100,000
• Compressor equipment PMs and repairs $75,000
• Fire system inspections and staff training $15,000
• Microwave internet connection $20,400
• Purchase of lab equipment and screen auger $85,000
Actual costs associated with these agreements will be based on actual usage, duration, and services
provided.
The City will also continue to utilize our engineering consultant (Jacobs) to perform a detailed condition
assessment of the existing assets as required to repair those assets that are in poor condition or out of service.
CFW Biosolids Facility Take -Over Meinorandwn Page 2 of3
Renda Environmental, Inc. is tasked with not only operating the belt press equipment until such time as the
biosolids dryer facility can be returned to operations, but also with removal of materials stockpiled on site
and contained within storage ponds. These materials are the root cause for many of the recent odor
complaints from neighboring residential communities, so expediting this work is a high priority.
If you have any additional questions, please contact Chris Harder at 817-392-5020.
APPROVED FOREMERGENCY PROCUREMENT:
Chrl"f�ovher 1farder
Recommended: Via.113.42r (l,K 2 2221 ifi:5: CPT)
Christo er H rder, Water Director
Approved: oT)
Dou lack, r.'Assistant City Attorney
Approve: l`7�
Brandy Hazel, Interim, Chief Procurement Officer
Oa '`�
Approve: jesiea .eEac erq (A.._ 2nrs D9:31 SOT)
Jesica McEachern, Assistant City Manager
CFW Biosolids Facility Take -Over Memorandum Page 3 of