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HomeMy WebLinkAbout113170 MWH AMERICAS INC - CONTRACT - RFP - 7587 ENGINEERING SERVICES FOR HALLIGAN RESERVOIR E7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 1 of 20 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and MWH America, Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for RFP 7587 Engineering Services for the Halligan Reservoir Enlargement Project issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. An overall scope of services is attached as “Exhibit B”, consisting of seven (7) pages attached hereto and incorporated herein. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence by April 1, 2014, and shall continue in full force and effect until March 31, 2015, unless sooner terminated as herein provided. In DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 2 of 20 addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 5. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: MWH Americas, Inc. Attn: Chip Paulsen 3665 JFK Parkway, Bldg. 1 Suite 200 Fort Collins, CO 80525 City of Fort Collins Attn: Donnie Dustin PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 3 of 20 The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to Exhibit C, consisting of one (1) page, attached hereto and incorporated herein. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 4 of 20 9. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 5 of 20 City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 6 of 20 seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 7 of 20 the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 8 of 20 20. Potential Conflicts of Interest. Contractor shall require that all persons involved in performance of the Work to inform the City of any services provided to others by Contractor or employees, subcontractors or agents of Contractor not previously disclosed in writing to the City that are intended to support or oppose projects affecting the Cache la Poudre River, such as the Northern Integrated Supply Project (NISP) or the Halligan- Seaman Water Supply Management Project. In such event, the City reserves the right to modify the Work or require a change to the Contractor team satisfactory to the City, in order to avoid conflicts of interest that may affect the interests of the City of Fort Collins. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 9 of 20 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney MWH AMERICAS, INC. By: __________________________________ Printed: Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 3/26/2014 VP-Central Reg. Business Unit Leader Christopher Young 3/26/2014 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 10 of 20 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ City of Fort Collins Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Director of Purchasing & Risk Management (if over $60,000.) Date: _______________________ DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 11 of 20 Scope of Services Halligan-Seaman Water Management Project Permitting Support MWH Americas, Inc. Introduction In 2007 MWH was retained by the City of Fort Collins (City) to design the proposed enlargement of Halligan Reservoir and provide engineering support to the City during preparation of an Environmental Impact Statement (EIS) for the Halligan-Seaman Water Management Project (HSWMP). The EIS is being prepared by the U.S. Army Corps of Engineers (COE), using an outside Third Party Consultant (3PC) team. Project applicants are the City of Fort Collins and the City of Greeley. Under its 2007 contract MWH prepared Halligan Dam raise cost estimates for different reservoir enlargement sizes; analyzed and provided comments on the 3PC Purpose and Need report; conducted a technical assessment of water quality and treatment issues associated with EIS alternatives that would use water derived from the lower Poudre River system downstream of Fort Collins; commented on the alternative development process and modeling studies performed by the 3PC; and attended HSWMP and EIS team meetings. With COE approval, the HSWMP applicants are conducting engineering studies to determine the facility requirements, layouts and costs of EIS alternatives developed by the 3PC. The 3PC identified five alternatives for the City, including the preferred alternative (proposed action). MWH worked closely with the City on the analysis of the alternatives information provided and the pre-feasibility assessment of the 3PC EIS Alternatives. The current alternatives identified for Fort Collins include development of new gravel pit storage; use of storage in existing agricultural reservoirs; participation in other proposed regional storage projects; conveyance to the existing Fort Collins water treatment plant; and pretreatment as needed to deliver water supplies with a quality consistent with current source water quality. The revised alternative definitions are being submitted to the COE for review and approval prior to finalizing the selection of alternatives to be analyzed in the EIS and preparing more complete alternative descriptions and analyses. The alternative definition includes facility requirements, layouts and operations with a description of the elements retained and removed from the original alternatives. In addition, the City is re-evaluating conditions of the preferred alternative after NPIC withdrew from the HSWMP project. The City would like to update previous engineering studies to consider the reduced effects and permitting scenarios for a smaller enlargement of Halligan Reservoir. Task 1. Halligan Reservoir Enlargement Conceptual Re-Evaluation MWH shall re-evaluate the previously developed Halligan Reservoir Enlargement option that would provide a total of 15,000 ac-ft of storage by raising the existing dam. The objective of this evaluation is to provide a preliminary opinion as to whether the existing dam can be raised without triggering the need for Section 404 compliance. This task represents Phase 1 of a multi-phased approach to assessing the feasibility of the Halligan Dam Raise concept. Phase 2, if approved, would include further feasibility reviews based on additional field data and engineering analyses. Phase 3, if approved, would consist of preliminary and final design. This Phase 1 evaluation will consist of the following tasks. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 12 of 20 1.1. Review previous engineering reports and documents analyzing the feasibility of raising Halligan Dam at the current dam site. All evaluations will be based only on existing available information. MWH assumes we have full right to rely on available designs and reports for developing project opinions and recommendations. 1.2. Attend a meeting and site visit with the City and its EIS consultants and participate in other conference calls to discuss the types of environmental impacts associated with raising Halligan Dam that could trigger environmental permitting requirements. Assemble a list of locations and activities that should be avoided to allow a dam raise project to be implemented without an EIS, based on information provided by the Corps of Engineers and the City’s EIS consultants. 1.3. Develop a preliminary opinion on whether raising the existing dam to gain additional storage to a total of 15,000 ac-ft is technically feasible, and when completed would not permanently impact existing stream channels or wetlands. This task will be based on the dam raise concept described by ECI in 2002 and subsequently reviewed by MWH. Additional engineering studies needed to advance the current design concept and validate feasibility could involve studies of geologic conditions, foundation requirements, structural conditions, spillway modifications, and outlet works modifications. These additional engineering studies, if needed, as well as developing costs associated with this alternative, are not part of this scope of work and will be addressed in a separate task order or in a subsequent amendment to this task order. 1.4. Develop a preliminary concept for performing the 15,000 ac-ft dam raise and rehabilitation construction such that temporary impacts to the downstream channel, riparian corridor and wetlands are avoided. This will be analyzed in more detail in a separate task order or in a subsequent amendment to this task order. 1.5. Prepare a brief technical memorandum presenting the findings of the conceptual feasibility analysis for the dam raise to 15,000 ac-ft that avoids environmental impacts that would trigger an EIS. Task 2. Finalizing Alternative Development Upon approval of the alternative redefinition by the COE and the City, MWH shall finalize the alternative development based on the preliminary engineering analyses performed for the alternative definitions. To complete this task efficiently, MWH shall leverage its experience, previous analyses, data compiled and institutional knowledge acquired over the alternative redefinition process. The Halligan Reservoir Enlargement alternatives have already been defined by the City and the 3PC for the purposes of the EIS, so alternative definitions are not part of Task 2. 2.1. After the COE and 3PC review the redefined alternatives, MWH shall analyze feasibility of any proposed adjustments and prepare information to adopt or respond to the alternative review comments. Only two of the Fort Collins alternatives have significant changes from the originally proposed alternatives, so for budgeting purposes, it is assumed that up to 60 hours would be required for coordinating with the applicants and providing written response to comments to the three FTC EIS Alternatives. 2.2. MWH shall finalize the feasibility analysis and layouts of the EIS alternatives, including facilities and infrastructure, with the results from the final modeling1 that reflects the 1 Final Modeling refers to the modeling results for the feasibility analysis that reflect model configurations with the COE approved alternatives. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 13 of 20 proposed operation to fulfill the purpose and need. Analyses in this task could include analyses of gravel pits storage, conveyance systems, reservoir enlargements, hydraulic structures and water treatment facilities. Specifically:  For new or enlarged dams: dam cross section, footprint, and construction methods; spillway size and location; outlet works size and location; probable borrow areas; right-of-way requirements (most of this information has been provided by the 3PC but must be verified)  For new gravel lake storage facilities: capacity, footprint, berms, area-capacity curves and operating principles.  For conveyance structures: approximate pipeline size; one feasible pipeline alignment corridor; pump station capacity; pump station location and footprint; pump station energy requirements; canal enlargement methods and footprints  For water treatment plants: treatment plant capacity; treatment processes; conceptual treatment plant location and footprint; residual disposal quantities, methods and locations; treatment plant energy requirements  For aquifer storage: method of recharge (injection wells or spreading basins); location and footprint of typical spreading basins; number and typical footprint of injection wells; number and typical footprint of production wells; energy requirements for injection and production wells  For general features: need for permanent access roads and construction roads; location and size of appurtenances that could have environmental effects; location and footprint of new or improved river diversion structures 2.3. MWH shall support the development of alternative description material for the EIS report, providing for each alternative an EIS-level description of the alternative and the corresponding maps and exhibits. MWH will coordinate with the applicants to generate information that can be easily incorporated in the EIS and presented to COE and 3PC. For budgeting purposes, this task includes one presentation of alternatives and two iterations for addressing comments on the written material. 2.4. MWH shall update the current pre-feasibility cost estimates to ACEE Class V estimates of opinion of probable construction costs (conceptual level) for the final alternatives. Construction quantities will be based on the feasibility level designs prepared in Task 1.2. MWH shall prepare estimates of annual operation and maintenance costs for each of the EIS Alternatives based on a percentage of construction cost or other similar metric. MWH will prepare a Technical Memorandum for the City with the summary of the cost analysis for the EIS alternatives, including summary tables with itemized assumed costs. Task 3. Hydrologic Modeling Support The City plans to model the redefined alternatives after they have been approved by the COE. The Common Technical Platform (CTP) modeling system includes several MODSIM and spreadsheet models, and tools that need to be run in sequence iteratively. The modeling of the final alternatives will require careful manipulation of the MODSIM base models’ input data, settings and simulation constructs. MWH shall continue to work as an extension of the City staff to support the alternative modeling based on the needs identified by the applicants. 3.1. MWH shall provide general technical support for the HSWMP modeling team in modeling the final alternatives. Under this task, MWH could provide the following tasks: DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 14 of 20  General MODSIM modeling support, including run customization using PERL or .NET languages. For example, MODSIM customization could be used to automate setting up and executing the EIS alternative models, trying to minimize processing errors during manual data and settings manipulation.  Pre-processing and post-processing tool development to prepare input data for the MODSIM models, transfer data between models and summarize output for the EIS alternative runs. These tools could include .NET-based data management systems and Tableau2 Visualization Dashboards.  Development of simulation support tools to streamline the iterative processes between the different models of the CTP modeling system. For example, automate importing time series in the MODSIM interface in preparation of the MODSIM network for next steps of the simulation iterative process. For budgeting purposes, 60 hours of modeling support are included in the current scope of work under this task. 3.2. Based on the needs identified by the HSWMP modeling team, MWH shall support model input data preparation, including hydrologic and operational time series, execution of the models and results interpretation and analysis of the final alternatives modeling. MWH could perform the following tasks:  Review EIS alternative models prepared by the applicants and provide assistance in designing and implementing MODSIM modeling techniques for the EIS alternative simulation.  Prepare and execute models for EIS alternatives under the direction and in coordination with the City staff.  Use visual dashboards, MS-Access or MS-Excel to interpret, analyze, validate and present modeling results. For budgeting purposes, 40 hours of data preparation and interpretation are included in the current scope of work under this task. Task 4. EIS Review MWH shall continue to provide technical support to the City in reviewing and providing comments on the numerous technical reports generated during the development of the EIS. 4.1. MWH shall review selected EIS technical reports provided by COE to the applicants, as directed by the City. MWH shall discuss with the City problems, concerns, issues and inaccuracies related to engineering feasibility, infrastructure requirements and cost estimating identified in the reports. In coordination with the City, MWH shall prepare written comments and a suggested course of action. Although reviewing time will depend on the size of the reports, for budgeting purposes, 45 hours are assumed for this task, assuming 3 reports to be reviewed with an average of 15 hours per report. 4.2. MWH shall provide technical support for reviewing the preliminary draft and draft EIS documents with emphasis on engineering feasibility, infrastructure requirements and cost estimating. For budgeting purposes, it is assumed that 88 hours will be required to perform this task for the preliminary draft and draft versions of the EIS. 2 Commercial Visual Analytics Software Package (http://www.tableausoftware.com/) successfully applied by MWH to support complex analyses for Water Resources planning studies. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 15 of 20 4.3. During the public comment process, MWH shall support the applicants in reviewing and providing input to the COE for responses on areas of engineering feasibility, infrastructure requirements and cost estimating. The level of effort to complete this task will depend of the number and type of public comments. It is assumed that 40 hours will be required to complete this task. Task 5. On-Call Support MWH shall continue to provide engineering, technical and strategic support as needed to assist the City’s participation in the NEPA/404 permitting process and other state and county permits. 5.1. During the development of the alternatives, MWH shall attend informal project coordination meetings with the City staff and their consultants to review project progress and discuss development of the EIS alternatives approximately once every two weeks for six months from the start of the contract. Using these meetings, MWH shall coordinate closely with the City’s EIS support consultant to assure that the level of detail of the alternatives analysis and documentation is appropriate for EIS support. For Phase 1, attendance at these meetings is planned for the Project Technical Lead, based in Fort Collins, with attendance of the Project Manager once a month and other key personnel once every two months. 5.2. MWH shall attend selected meetings of the HSWMP EIS team to provide progress reports and to coordinate alternative development activities with the rest of the team. Based on the frequency of HSWMP EIS team meetings over the past year, it is assumed that either the Project Manager or the Project Technical Lead will attend an average of one HSWMP team meeting every two months, or not more than a total of 12 meetings in two years for this scope of work. 5.3. MWH shall assist the applicants with permitting support tasks as requested. These could include preparation of presentations, reports and recommendations. For budgeting purposes 40 hours are assumed to perform this task. 5.4. MWH shall coordinate alternative development with Greeley’s engineering consultant (URS) who is performing similar work on the EIS alternatives for Greeley. It is assumed that the majority of this coordination will occur through email and conference calls, and that coordination meetings can be combined with the meetings described in subtasks 4.1 and 4.2. Two 3-hour independent meetings with Greeley’s consultant are budgeted in this scope of work. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 16 of 20 Budget Based on MWH’s current understanding of the level of effort required to support the HSWMP EIS alternatives analysis, the Halligan Dam raise evaluation, the hydrologic modeling, and the EIS review and on-call permitting tasks, the following budget is recommended. Principal Technical Advisor Principal Engineer Supervising Engineer Senior Engineer Professional Engineer Associate Engineer Admin Total hours Indirect Cost & APCs Total Estimated Cost Task $ 250 $ 195 $ 165 $ 145 $ 115 $ 95 $ 95 1. Halligan Reservoir Enlargement Conceptual Re- Evaluation 43 0 43 0 0 0 86 $ 1,135 $ 15,800 2. Alternative Development 45 107 40 185 0 0 377 $ 4,119 $ 57,600 3. Hydrologic Modeling Support 0 45 15 20 20 0 100 $ 1,093 $ 14,900 4. EIS Review 46 0 91 36 0 0 173 $ 1,890 $ 28,200 5. On-call support 70 66 0 22 20 0 178 $ 3,221 $ 32,200 6. Project Management (24 months) & QA/QC 10 13 10 52 0 0 96 181 $ 1,946 $ 25,300 Total: 10 217 228 241 263 40 96 1095 $ 13,404 $ 174,000 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 Schedule by Task 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 17 of 20 1.1 - Dam Enlargement Studies… 1.2 - Meeting 1.3 - Dam Enlargement Feasibility 1.4 - Preliminary Concept 1.5 - Technical Memorandum __________________________… Alternative Development 2.1 - COE Review comments 2.2 - Alternative Descriptions 2.3 - EIS Chapter Development… 2.4 - Estimates of Probable Cost __________________________… Hydrologic Modeling Support 3.1 - MODSIM Technical Support 3.2 - Data Preparation & Analysis __________________________… EIS Review 4.1 - EIS Documents Review 4.2 - EIS Reviews 4.3 - EIS Public Comments __________________________… On-Call Support 5.1 - Staff Coordination Meetings 5.2 - HSWMP team Meetings 5.3 - Permitting Support Task 5.4 - Greeley Consultant… DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 18 of 20 EXHIBIT C COMPENSATION DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 19 of 20 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 No new insurance needed 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 20 of 20 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Policy Number: VTC2KCO5643B790IND13 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 VTC2KCO5643B790IND13 8/31/13 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 VTC2J-CAP-5643B808-TIL-13 8/31/2013 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 8/31/2013 VTC2JUB5643B81A13 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD MWHGLOB-01 NEALDO 3/24/2014 Willis of Colorado, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 (877) 945-7378 (888) 467-2378 Travelers Indemnity Company 25658 MWH Global Inc MWH Americas, Inc. MWH Constructors, Inc. 380 Interlocken Crescent, Ste 200 Broomfield, CO 80021 Travelers Property Casualty Company of America 25674 St. Paul Fire and Marine Insurance Company 24767 1,000,000 A X X VTC2K-CO-5643B790-IND-13 8/31/2013 8/31/2014 300,000 X 1,000,000 2,000,000 2,000,000 X X 1,000,000 B X X VTC2JCAP5643B808TIL13 8/31/2013 8/31/2014 X X 5,000,000 C ZUP-11P74763-13-NF 8/31/2013 8/31/2014 5,000,000 X B VTC2KUB5643B81A13 8/31/2013 8/31/2014 1,000,000 N 1,000,000 1,000,000 Re: Halligan Reservoir Enlargement Project -RFP 7587 The City, its officers, agents and employees are included as an Additional Insured as respects to General Liability and Automobile liability. City of Fort Collins Attn Purchasing Department P.O. Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 35B9B793-DF4B-45C5-8D6B-FF226970C7D3