HomeMy WebLinkAbout2014-316ORDINANCE NO. 2014-316
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND CDM SMITH,
INC., FOR ENGINEERING SERVICES RELATING TO THE FINAL DESIGN PHASE OF
THE CITY OF DENTON PECAN CREEK WATER RECLAMATION PLANT
PHOSPHORUS REMOVAL PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE 5319 IN THE ADDITIONAL
AMOUNT NOT -TO -EXCEED $269,240; AGGREGATING A TOTAL NOT -TO -EXCEED
$354,375).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the engineering firm of CDM Smith, Inc., a Texas Corporation,
located in Houston, Texas to provide the City with professional engineering services pertaining
to the final design phase of the Pecan Creek Water Reclamation Plant Phosphorous Removal
Project; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by the City of Denton, and that limited City
staff cannot adequately perform the specialized engineering and other professional services and
tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that CDM Smith, Inc. is
appropriately qualified under the provisions of the law, to be retained as an engineering firm for
the City, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"First Amendment to Agreement for Professional Engineering Services;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SE_C_TIO_N 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a "First Amendment to
Agreement for Professional Engineering Services" (the "First Amendment") with the firm of
CDM Smith, Inc., in the additional amount of not -to -exceed $269,240, for professional
engineering services pertaining to the interests of the City as hereinabove described, in
substantially the form of the First Amendment which is attached hereto as Exhibit "A" which is
incorporated herewith by reference.
1
SECTION 3. The award of this First Amendment is on the basis of the demonstrated
competence and qualifications of the firm of CDM Smith, Inc., and their ability to perform the
professional engineering services needed by the City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached First Amendment
is hereby authorized.
SECTION 5. This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of !," !1 � , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
CHRIS WADI"`l:'S, M
2
THE STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY A N Q BETWEEN "�Cf1: L Y ( t Q N'l " 0 N. TE SAS.
AND CDM SMITH, INC.
[CONTRACT #53191
THIS FIRST AMENDMENT TO CONTRACT (hereafter the "First
Amendment") to that certain Contract by and between the City of Denton, Texas and
CDM Smith, Inc. (hereafter the "Agreement") in the original Professional Services
Agreement, which were heretofore executed. on 06'h of August, 2013, and was approved
by the Denton City Council and subsequently executed by the Denton City Manager or
his duly authorized designee; and said Agreements were heretofore entered into by and
between the City of Denton, Texas, a Texas Municipal Corporation with its offices at 215
East McKinney Street, Denton, Texas 76201 (hereafter the "CITY"); and the firm of
CDM Smith, Inc. (hereafter "CDM Smith") with its offices at 3050 Post Oak Blvd,
Houston, Texas 77056; and
The original Agreements provided for CDM Smith's services related to the Pecan
Creek Water Reclamation Plant Phosphorus Removal Project as is contained in Contract
#5319 (Exhibit A). The initial agreement for the Basic Services — Phase 1 (Exhibit A),
was approved on August 6, 2013, in the not -to -exceed amount of $85,135. The City and
CDM Smith further specified and agreed within Contract #5319, that additional services
would be necessary to complete the project, and identified those services within Section
2.2.1 — Additional Services.
NOW THEREFORE, the CITY and CDM Smith (hereafter collectively referred
to as the "Parties"), in consideration of their mutual promises and covenants, as well as
for other good and valuable considerations, do hereby AGREE to the following First
Amendment, which amends the following terms and conditions of the said Agreements,
to wit:
The provisions of the said Agreements are hereby amended to add the additional
Agreements as follows, to wit:
CDM Smith shall provide to the CITY the Additional Professional Services to
complete the Project, as defined in the "Scope of Work Pecan Creek WRP
Phosphorus Removal Improvements Project". The individual tasks and
deliverables are fully defined within the Scope of Work (Exhibit B). The
additional professional services to complete the Project, are provided in "Exhibit
B" of this First Amended Agreement, and shall become a part of the contractual
requirements of Contract #5319. The total cost of these additional professional
services, which include Tasks I, II & V, shall not exceed $269,240.
The total project costs shall not exceed $354,375.
2.
The Parties hereto agree, that except as specifically provided for by this First
Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreements and now
the First Amendment shall be, and will remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Texas and CDM Smith, Inc., have
each executed this First Amendment in two (2) original counterparts, by and fli .rr.rgh their
a���ea�trve duly authorized representatives and officers on this the day of
�'".�:....,..m 2014.
CITY OF DENTON, TEXAS
A Texas rrmci,pal 'or
BY ._..��.
George c t�;"arrdl �1�,,"i: Manager
��...
ATTEST:
JENNIFER WALTERS, CITY SECRETARY �b "
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY .e
CDM Smith, Inc.
A State of T:,9, (.;�(Fporation
By
igo
_..�.......
CDM SMITH
WITNESS:
LM
EXHIBIT A
D NTON
City of Denton
Contract # 5319
Pecan Creek water Reclamation Plant
Phosphorus Removal Project
CONTRACT #531.9
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the 0 day of August, 2013, by and
between the City of Denton, Texas, a Texas 111:trllicipal eorporatiosr, with its principal office at 215 East
McKinney Street, Denton, Denton County, Texas 1201, hereinaller called "Owner" and CDM Smith,
with its corporate office at 3050 Post Oak :Blvd, Houston, Texas 770�56 hereinafter called "Design
Professional," acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, professional engineering services in support of the Phosphorus Remove Study for
the City of Denton Pecan Creek Water Reclamation Plant (PCWRP). The project shall be completed in
four (4) separate phases: Phase I - Study, Phase 2 - Detailed Design, Phase 3 — Construction, and Phase
4 — Plant Optimization and Training.
Phase I — Study, shall include the following:
Phosphorus Discharge Limit and Impact on Plant Processes
The Phase 1 Study is to access the City's options for addressing the new phosphorus limit in the
anticipated NPDES permit. The study will focus on phosphorus removal alternatives, national trends,
impacts of treatment modifications, and the use of the remove phosphorus after digestion. Specific tasks
include:
1. Evaluate viable phosphorus removal alternatives and recommend the most beneficial and practical
solution for the PCWRP. Evaluated options include:
a) Biological phosphorus removal — activated sludge processes that have been successfillly
used for similar applications.
b) Chemical phosphorus removal —precipitation of phosphorus and removal in the
clarification process, activated sludge process, and filtration process.
c) Combinations of these methods to optimize removal based on site specific considerations
at the PCWRP.
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2. Assess the impacts of phosphorus removal on other treatment processes at the PCWRP, including
an evaluation of the effects on the following:
a) Thickening and dewatering processes
b) Side stream phosphorus treatment
c) Anaerobic Digestion and Biogas production
d) Composting
3. Address phosphorus issues after anaerobic digestion, such as utilization removed phosphorus as a
fertilizer.
4. Assess impact of phosphorus removal on future nitrogen removal requirements.
5. Assess feasibility of chemical addition at the Hickory Creek Lift Station to mitigate odors and
begin the phosphorus precipitation process prior to entering the WRP.
6. Prepare a Draft Report to document the finding and finalize the report after incorporating the
City's review comments
7. Prepare conceptual layout drawings for improvements to provide phosphorus removal.
8. Provide internal QA/QC review of Draft Report and drawings
9. Incorporate City comments on Draft Report and issue Final Report.
Engineering documents are to be reviewed by City personnel following CDM Smith's in-house duality
control and duality assurance procedures. City will provide CDM Smith with one consolidates set of
comments on engineering documents upon completion of internal review.
The draft report will be completed within 4 months (120 days) from the date of contract execution by both
parties, and purchase order issuance.
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
21 BASIC SERVICES
2.1.1 PHASE I - For Basic Services the total compensation shall be $85,135.
2.1.2 Progress payments for Basic Services shall be paid in the following tasks for the total
compensation for the Basic Services satisfactorily completed at the end of the following tasks for
Phase I of the Project:
Kickoff Workshop
$ 4,550
Task 1— Phosphorus Removal Alternative $13,105
Task 3 -- Impacts on Remaining Processes $ 8,905
Task 4 — Impacts on Nitrogen Removal
$ 4,515
Task 5 —Hickory Creek Chem Addition
$ 5,735
Task 6 — Prepare Draft Report
$13,880
Task 7 — Conceptual Layouts
$17,000
Task 8 — QA/QC of Report
$ 4,170
Task 9 — Incorporate Comments
$ 4,610
Allowable Expenses
$ 3,120
Total $8
2,2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services will be negotiated prior to delivery of the stated
services, to complete the entire schedule of the work plan for the project:
Phase 2 — Detailed Design of Construction — fee to be negotiated at a latex date.
Phase 3 — Construction related tasks — fee to be negotiated at a later date,
Phased 4- Plant Optimization and Training — fee to be negotiated at a later date.
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be negotiated prior to delivery of the actual sci vice.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses are expenses incurred by the Design
Professional, the Design Professional's employees and consultants in the interest of the Project as defined
in the General Conditions but not to exceed a total of $3120 without the prior written approval of the
Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering Services,
2. Attachment A -The Design Professional's Proposal, Project Schedule, and Pricing
3. Attachments B — Awarded Contractor's documentation, including W-9 form, and Conflict of
Interest documentation.
4. Attachment C — Awarded Contractor's certificate of insurance documentation,
This Agreement is signed by the parties hereto effective as of the date first above written,
CITY OF DENTON
BY
GI"ORrlyd-i C. CA_M]'Illfl ,
CITY MANAGER
ATTEST:
Jf' N;(PT,X WALTERS, CITY, SECRETARY
BY: �ti,W i...
"�
API' 3. % VF3) AS 10 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY ...
DESIGN 1
1Yi11rI's tlf 4i1Mc1° Representative ��Qaa1 E1M
(Signature)
WITNESS:
.....� �.. ......�.. i
q CITY OR DENTON
GENERAL CONDITIONS
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TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERiNG SERVICES
ARTICLEI. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for Cie Project (as defined in the agreement (the "Agreement') mid proposal (the "Proposal") to which these
General Conditions are attached) perforated by Cie Architect or Engineer (hereinafter called the "Design Professional') or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 Mic Design Professional will perform all Services as an independent contractor to dime prevaithig professional standards corisisleat with the level of cane and skill ordbtadly
exercised by members of Ole same profession currently practicing hi die same locality winder shnilar condltions, including ronsonable, Infoumed judgntcumis orad prompt timely
actions (die "Degree of Care'). The Services shall be performed as expcdlllously as Is consistent with die Degree of Care accessory for the orderly progress of the Project,
Upon request of die Owner, the Design Professional shall submit for the Owners approvat a sehcdnle for phc perfamnarrce of the Services which rm.y be 80%stcd as Iiuc Project.
proceeds, and shall include allowances for periods of lime required for die Owners review and for approval of submfss"sons by awboddos having jurisdiction over the Project,
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, tv exceeded by true 1leailtu Professional air Owner, and ant°
Adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFIn'EU IN Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal slnictural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Constniclion Documents, as described by and requiredui Section 2A. The Basic Services may be modified by the Agreement.
2.2 SC1IELNUTIC DESIGN PIMSE
2,2.1 The Resign Professional, in consullntion with the Owner, shall develop a written program for Ole Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the 0rvncrs program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1,
2.2.3 The Design Professional shall review with the Owner alternative approaches to design acid construction of Oie Projecl.
2.2A 1 used on IN ommally agrcerl-t.pttra pregrorri, :schedule and construction budget requirements, the Design Professional sliall prepare, for approval by the Owner,
Schematic I)usign l sacurareks consisting ofrlruwings and other documents illustrating the scale and relationship of Project components, The Schematic Design shall
aontem,plKe compthincu wiAt all applicable lavx, slaluutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Constniclion Cost based on current area, volume or other unit costs and
which. indicates Cie cost of each category of work involved in. conslnicling the Project mid esinblishes an elapsed time factor for the period of lime from the
commencement to die completion of construction.
2.3 DESIGN DEVF,LOPMENTPHASE
2.3.1 Based on Cie npproved Schematio Design l"kacnnwcril,s told oily adjustinernds authorized by tho Oworcr art Ole program, Ultcdule or rconsinactlon bodgel, tine Design
Professional shall prepare .for nppiovid by the Owner, I asit,rr Developmen i Docklnicnts coildsling ordrawinlrs and utltc:r doarurnents to fix said diewribe the size and
character of die Project as to arclrltcchu'ad, sinictsuala unecl.,no"blcal rued electrical systems, nwWriols and starch althea- olcrncnis as may to aippropria;c„ which shall comply
wida all applicable laws, statutes„ ordi'naiices, ccdcs And re,gulritiolis, Notwilliflandittg Owner's approrrnl of Ilre dhcwtzutcutls, I)csigi, 1�1imrllsssional mpresents that the
Documents and specifications will be sufficient and adequate to MIMI Ole purposes of the Project.
2.3,2 The Design Professional shall advise the owicr ofany adjushnenis to die preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUr1IENTSPILISE
2.4.1 Based on Arc apltrovcd Ihastgai Developavent Documents and any fiunher adjustments in the scope or quality of the Project or in uhe construction budget
authorized by the (; mtcr„ Araa k)z sil;rr F'roft,sslunnrrl slinll prepare, for approval by the Owner, Constniclion Documents consisting of Drawings and Specifications setting
forth in detail regwaircirtaahl; liar th,o conslatacmioun ofthe Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2A.2 The Design Professional shall assist the Owner in the preparation of die necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between One Otvncr and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates ofConstniction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist Vie Owner in connection with the Owners responsibility for filing documents required for die approval of govemmenlal
audnorities having jurisdiction over the Project.
2.5 CONSTRUCTIONCONTRACT PRO CUREMENT
2.5.1 The Design Professional, following the Owners approval of die Construction 1. acurmunts and of Auc Intent In0harionry lctnited esiiniate of Construction Cosl,
shall assist the Owner in procuring a coutstniction contract for the Project (Notigh arty pr"ocrarerimit mcdtml drat is legrilly applicable to the Project including without
limitation, Cie competitive scaled hldding process. Although the Owner will consider the advice of tile MOP' I'mfessioual, Ore award ofthe construction contract is in
die sole discretion of the Owner.
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2,5.2 If the construction contract amount for the Project exceeds the total constriction cost ° of the Project asset forth in Uhc approved ['letollcil Statement of Proboble
Constriction Costs of the Project submitted by the Design Professional, then tie Design Profossional„ at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so dint the total coostmellon cost of Cho Project will not exceed
the total construction costset forth in llte approved Detailed Statement of Probable ConslruclionCosts.
2.6 CONSTRUMON PHASE - A10r1111NISTPUT1ON OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with tine award of the Contract
for Construction and tenninates at the issuance to the Owner of lire final Certificate for Payrnent, unless extended tinder the terms of Subsection 83.2,
2.6,2 Tile Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement, For engineers die adhnhiislration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Govemments, current M of the date of the Agreement, unless otherwise
provided in the Agreement.
2,63 Construction Phase duties, responsibilities and limitations of authority of (lie Design Professional shall not be restricted, modified or extended without wriftit
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of arid shall advise wild consult with the Owner (1) during construction, and (2) at tie Owner's direction from
time to time duringthe correction, or warranty period described in the Contract for Constniction. 17te Design Professional shall have authority to act on behalfof the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by whiten instrument.
2.6.5 'file Design Professional shall observe the construction silo at least one tiaw a wok, velaile coushs etlon Is In progress, and au reasonably neces'snry wNlo
construction is not in progress, to become familiar with the progress and quality of the vvotk completed and to d'elennine iftic work is being peri"brood in n maalum
indicating that tie work when completed will be in accordance with the Contract Doca rricnts. esiga ltrofcssional sth l] provide Owner a written report strbsequr¢ ill to
each on -site visit. On the basis of on -silo observations die Design Professional shall keep tie 0;iwer infonned of tine progress and finality of the w°ork�, and shah
exercise the Degree of Care wild diligence in discovering and promptly reporting to the Owner any observable defects or delicieahcies hi tine work ofContractor or any
subcontractors. 'the Design Professional represents that he will follow Degree of Cane in perfomhing all Services Calder Ilse Agrecnm rat. 'tire IXSIPAI Professional shall
promptly comet any defective designs or specifications fitmished by the Desigri Professional at no cost to tire Owner. 'etc O'Allce,a attprovol areeplanre, use ofor
payment for all or any part, of the Design Professional's Services hereunder or of rue Preycct itself shall In Ito way alter the Ie igrt '1"rotes lornaf's Obligations or Cleo
Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and Omit not be, respotu.aiblo for constnict'i"i lueaahs, methods, t"liniquos, squrriccs or
procedures, or for safety precautlons and programs in connection with the work, The l° sigai I'Miessiolhal shall riot be resptnnsiblo for (tic Conlructoes scliedvlct or
failure to carry out the work in accordance with the Contract Documents execp�t losolhr 1W such t"allure thntay ru91111 from Desigis Profssional's gortlIgtlit acts on omis-
sions. The Design Professional shall not have control over or charge of acts or ortmissioats of the Cotoractor, Sobcolgractoq, car' heir agents or cmployces, or ofany
other persons perfomhing portions of the work,
247 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or wlton direct commnnuications have been specially authorized, the Owner and Contractor
shall conuuunicate through the Design Professional. Communications by and with die Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contraelei s Applications for Payment, die Design Professional
shall review rued certify tie amounts duo die Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a rquescrtlatiena Co tine Omlcr, hawed out the IN si t Pro sslonal's olasca vctllauoas tit the site tz
provided fit Subsection 2.6.5 mid on the data comprising the Conlraclor's Application fix iwlsymerrt, thaal twt; work has progrossed to Oita point indicated ahwd that, Une
quality of tile Work is in accordance with the Contract Documents. Tie foregoing repnesenlldiorvs Olt sid r�ect to minor devlalians fCrtan llto Ccahlrncl 1.iu�acrrntrnts cite
reelable prior to complelion mill to spcoifo giuhhfiennionsexpressed by Ilie Des'igw'u Profcssionrll, 'rite issurarcc of a fs riificnic for Payment Atill further colwitutc a
represcntnton that 111c contractor is ermtiticd to paytricnt lra the amount certified, i`lowever, the Issuance of a f'ertifivate, for'Paymernt sliall riot lie a reptowl'sulaola tart
die DesignProfessiaanail has (1) reviewed conagtrtuctlou nncaraix,utethods, lechnaigtaws, sccgticrnues� firuecrtbnres, or (2) atsacrlrtilrreil lhcrwvorfor wlnatlaawrlaroso rgnul:'aaaitra
has used money previously paid on account of the Contract Sum.
2.6.11 The Design 111ofes�sionild shanil hrivo thou wspohasibithy and authority to reject work which does not conform to Urn Conlin I�)ocatments. Whenever die Design
Professional considers it nLecssary or advisable for iintmletnci ration of the intent of the Contract Documents, the Design llwresslonal will have authority to require
additional Inspection ur to-sthag of the worth In accordance Milt die provisions of the Contract Documents, whether or nor such Work is Fabricated, histalled or
completed. However, neither this authority of the Design Pro&ssionni nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material wild equipment suppliers, their agents or employees or other persons
performing portions ofthe ivork.
2.6.12 'llhe Design Professional shall review and approve or take other applgniate action upon [ onh'acto?s sttltmiltals such as Shop Drawings, Product .Dattn mud
Samples for die purpose of (1) determining compliance with applicable laws, s(atulcs, ordimumces acid codes; and (2) dedorrnirldng whallger or riot the %Sank, wlhern
completed, will be in compliance with tie requirements of the Contract Docunicrats. 'fire 1 lguh Professional shall act with stunt reasonobic prrrsnhpiness to catm rlo
delay in the work or in the corn huci'fon of the Owvrncr or ofsepaarate aorwt colons, wwlhIle allowing sulfiuicttt thiic it] tine [ ursigah to
f, i terdclall'ssrweltus din cnitons
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and quanlhics or fair sttbstwitatirag fnetnietions for installation or perfotnhance of ealnlpmerat or systrm5 dcslf,,„sued by tht Coruractor, all of which remaar the
responsibility Of (l'ie, Contractor to Ore extent required by the Qraftswi Documents. The T slg,rr lwrofess:ional°s revic.wv $Mull riot conwalifule approval of safety prccmttolus
war, uunles otlac.ravfsw s1lecitictdty slated by tho Dcsigrh Professiorril, oforgusttwaclion lrminns„ nruetiods, tochitigtec:s, scqucncea or 'Thc mslgo Professional's
approval ofa speeifie itetttshell 1101 fildicate approval ofan asscilibly ofw°hirb ilia hear is a cornponcril. when profcssionat celtifzcritinn ofpertonnanec characterislies
ofrraaCcnials,systems or cguilmitui is mptimd by the Consrnrl Docuuht:nts, the Dtsigu Professional shall line entitled 10rely upow%staalh ecrtlhcation to 0411 1110101lite.
materials, systems or equipment will meet die performance criteria required by die Contract Documents.
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2,6.'13 wic Mmigil lrrofrssional shall prepare cliarnge Or&rs tint) Construction Clhanfo Directives, with supporting documentation and data if deemed necessary by
ate Design Professional as provided in Snbscaflons 3AJ rued 33.3„ for the Owner's approval and cxcetdion in accordance with Vic Contract Documents, and may
aatfimi2c minor changes In the work not involving on adjti anent ill the Contract Sum 01' tut oxtetision ofthe Contract Time which are not inconsistent with'the intent
ofthe Contract Documents,
2.6.14 On behalf of the Owner, the Design Professional shall conduct Inspections to determine (lie dates of Substantial Completion and Final Completion, raid if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review wrilten guarantees and related
documents required by the Contract for Construction to be assembled by (Ire Contractor and shall issue a final certificate for Payinent upon dompliance with the
requirements of the Contract Doctments.
2.6.15 The Design Professional shall interpret mid provide recommendations on matters concerning performance of the Owner and Contractor tinder the requirements
of the Contract Documents on written rcgttcsl of either the Owner or Contractor. The Design Professional's response to such requests shall be runde with reasonable
promptness aid within any time limits agreed upon.
16.16 Interpretations and decisions of the Design Professional shall be consistent with Ilse intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the fort of drawings. When making such interpretations and unitial decisions, the Design Professional shall endeavor to secure faithfid performance
by both Owner mid Contractor, and shall not be liable for results or Interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence ofnegligence.
2.6,17 The Design Professional shall render written decisions within a reasonable unite on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress ofee work as provided In the Contract Documents.
2.6,18 The Design Professional (1) shall render services under die Agreement hi accordance with the Degree of Can; (2) will reimburse ate Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any ofthe Design Professional's obligations Hereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Doctments during
Hie Constnnction Phase.
AR11CLE 3 ADDITIONAL SERVICES
3.1 GENERAL,
3.1.1 The services described in this Article 3 are not included bn Basic Services unless so Identified in the Agreement or Proposal, and they shall be paid for by the
Owner its provided in the Agreement, in addition to the compensation for Basic Services. 'lie services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confimned in writhhg by tie Owner. If services described under Contingent Additional Sciavices; in Section 33 are requircd due to circurns1wices beyond
Vie Design Professional's control, the Design Professional shall notify )tie 0wrier in wvrithig said shad not commence srtch additlonal services until It recellves wrtiten
approval from the Owner to proceed. if the Owner indicates in writing that adlor partofsahcFu Caantirpyenl Artrliti of Services an natal rrquircd„ ltne T si a. Professional
al
shall have no obligation to provide Hose services. Owner will be respomiblc for comfaetisalitag tic Nsiipn Profesisionnt.f0r ConthiLmit Additional Scrviecs only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERWCES
3.2.1 If more extensive representation at the site gran is described bh Subsection 2,6.5 is regntircd, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on -site responsibilities,
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 COLN7EgGENT ADDI1'IONAI. SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by ate Owner, uncludbig revisions made necessary by adjuslinenls in the Owner's
prograin or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as it result of the Owner's failure to render decision in a timely mariner.
33.2 Providing services required because of significant changes in the Projccl including, but not limited to, size, quality, complexity, or (lie Owner's schedule, except
for services required tinder Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications mid other documentation mid supportbig data, and providing other services in connection with Change Orders and
Construction Change Directives,
33.4 Providing constipation concerning replacement of work damaged by fire or other cause during construction, mid fumishhig services required hi connection with
die replacement ofsueb work,
3.3.5 Providing services made necessary by the defitilt ofthe Contractor, by major defects or deficiencies in the work ofthe Contractor, or by failure of performance
of either the Owner or -Contractor tinder the Contract for Constriction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work,
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33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services In connection
with bidding or constriction prior to tine completion of the Construction Documents Phase.
3 .9 Rotwltlhstainding anything contafacd hi the A eeineul, Proposal or Ricsc Genertal. Conditions to the colntrary, all services described in tills Article 3 that are
caused or nccossitalcd in Whole or lia ptut dice to the negligent ael or wniWon of Ute sit'Pin Prokssional sbnil be pacifounedby tine Desipi prol'essional ni a part of the
Basic Services under the �Agreonteut wads no additional cvornpor adon above and:, beyond dno connimmition ohue tine l slgrh Professlo nal ibr die Daslc Services. The
inlcrverihig or concuircid negligcricc erf tho O slier shall nhrbl l'innil the Dcsl h Profossional's obligaticas under dais Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4A Providing I'mancial feasibility or other special studies.
3.4,2 Providing planning surveys, site evaluations or cothnparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof,
3.4.6 Providing services to verify the accuracy of drawings or other Infonnation furnished by the, Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of materiol, equipment and.labor.
3A.9 Providing analyses of operating and maintenance costs.
3.4.10 Mucking investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prcparntion of operation and maintenance manunls,
training personnel for operation and mainteuance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of fumitrne, fiimishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to Ric Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of die Project provided as a part of
Basic Services.
3.4.16 Providing any other services not othenmiso included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3A.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on narked -up prints, drawings and othcrdato furnished by Vic Contractor to Vie Design Profcssional.
3.4.18 NcAwitlistonding anything contoured In the At rcvnicnt„ I'mposol or These Oerrerol Conditions Inn the contntry, all services ate„scrlhcd in this Article 3 that are
caused or iocccssltnteal in Wiole or ion Volt duc to the Ingtig,ent ;WI IN wids",liun nflhe Design proicssioindl small fo peifornhcal by lite 1>csign professional as a part oflhe
Basic Segvicas trraaier nice AtarycuihCiNt� w"ilia 110 addhionrd coinapensaticAl olmovc anal twayond tine couryacns��lnlioia dno the 17esigai Protoaslorml fig the Basic Services, The
intervening or conctirrenu negligowo oflhc Owner sinA not lo"uinlk tltc I'.lesign Prrafessional's aabligoticiss airxler ifik Subsection 3.AS,
ARTICLE 4 0NYMR'S RESPONSIBiLITIES
4.1 The Owner shall consult with die Design Professional regarding requirements for the ProJec4 Including (1) die Owvler's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, die tTvner's otter costs and reasonable conlingeneios
related to all of these costs.
4.3 if requested by the Design Professional, Vie Owner shall furnish evidence that financial arrangements have been made to fitlfill the Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative authorized to act on file Owner's behalf with respect to the Project. The Owner or such authorized representative shalt
render decisions in a timely manner pertaining to doctments submitted by die Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
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4,5 whcre applicable, tlio Owvntrshmlll furnishsurvcys dcscribingphysieal characrcristics„ leplrrt Hilillations and futility locutirins forthesitc ofthc Prrtjeci, and awwrincnl
legal xiesorilitiorr of tlio site, "l"Ilia sriiveys sold lot. t hlfborutition shall laclude, as tipplicable„ grades font$ lines. ufstr"ls, alleys, pavrmuerns anal arijilirihigliroproerly and
stiiicttiins; arljaooiit rirnirrtr,gt,„ riljits of ww°rry„ rastriclixias, cascmcrlls, cincarraiclarrtmils, eorlhig, deed reoricl'aolls, l.ratardnrics and contrail'# of the site, iocaliorrs,
dinicti mis and riv esst+ay dadin pertai'tihik: to cs➢sthrg bulldinLs, other hrrpeovemtr:onts and laces; said information comcnihnl;; avitt abhi wnrlity servlecs and (fries, both
public mint private„ above and helow grado, iliclodhig inverts and ticptlts, All dre hrficamadorl ors the $w-vcy Shall herolbm"Ced to it Ismjettbenrclmnawsf .
4.6 Where applicable, the Owner shtill furnish lho services of geotechnieal engineers wheal wrt0i services are requested by die Design Professional. Such services may
include but are not limited to test borings, test pits, dc(cmriite(Ions of soil bearing values, ptreolation tests„ oviduatiorrs ofhazardous mntcdals, ground corrosion and re-
sistivilytests, including nec+ss rryo,pciations forantic! paUngsub-soil conditions, with reportsand approlu'raW limi[cssiotral recommendalions.
4.6.1 The Owner shall furnish due services of other consultants when such services are reasonably required by Use scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not at part of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, hhspecdons and reports required by law or the Contract Documents,
4.8 The Owner shall furnish all legal, accounting -and insuraneo counseling services as may be necessary at any (lane for the Project, including auditing services the
Owner may require to verify the Contractors Appticadons for Payment or to ascertain how or for what purposes (lie Contractor lies used the money paid by or oil
behalf of the Owner.
4.9 17te services, Information, surveys and reports required by Owarer under Sections 4.5 through 4.3 shall be fismished at the Owner's expense, and tire Design
Professional shall be entitled to rely upon lire accuracy and completeness hereof hi the absence of any negligence oil the pat ofthe Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of ally fault or defect In the Projector tronconfonmance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested ofthe Design Professional or Design Professional's consultants and
shall submit such to die Owner for rev tcw and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that wrould require
knowledge or services beyond the scope of (lie Agreement,
ARTICLE 5 CONSTRUCI-ION COST
5.1 CONSTRUCfI0N COST DEFINED
5.1.1 The Construction Cost shall be the Will cost or estimated cost to die Owner of all elements of the Project designed or specified by die Design Professional.
5.1.2 The Construction Cost shall include the cost at currcoit inrukol rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by die Design Professional, plus n reftsonabla allowance lot die Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shrill be included for market conditions at the (biro ofbiddilrrg, and for changes in die work during costmction.
5.1.3 Constriction Cost does riot include die compensation of die Design Professional and Design Professional's consultants, tic costs of the land, rights -of -way,
financing or other costs wvldch w-c the responsibility of tile Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5,2.,1 I.valuatiorrs of lho Owrwes Project bndgel, p wlhrrirrary cslimatcs of CAmstruCtiorn Cot nirai deNsdlcd cstiniatm of Constneclion Cost prepared by the Iksign
Prrafessioiral rolirescnt the i sitiar Profcssirrmutl"s b tjirrlgrinerrt rrs a ilcsig+n ltroibsslouaN ralliIItar with doe conslmction industry, It isreco�tized, howyevcr, Uial neither
Ow Oesign 11101ssirnnd rare Ole (wirer lists courant over tine cost of labor„ ninerinls or equiptucnt, over ilia Contnwlors methods of determining bid prices, or over
coaulattilive biddille, or market couditkrn r Accorilingly, the llcsign Professionat camnot tural does not worrant or represent that bids or cost proposals will not vary
ll°rrrn Ilie Owner's Project budz ct or floorn airy cstrllinte rd'Cotslr nc lion Cost or cvnivation prcparcd or agreed to by the Design Professional.
5.2.2 No tined (lurid of"Consgrretion Cost shall be established as a condition of the Agreement by the fimiishing, lrrolwr 111 or cstalriislanieFit of a Project budget, unless
such fixed li'wnit htrs inren agreed tilrisrr it, writing and signed by the parties thereto, ]f such a fixed limit has beer% tslablhAied, tlue feslgn Pl°ofemlonat shall be leniiiitetl
to hildodc coniiageneics for design, bidding and price escalation, to determine what materials, equipment, comporicott sysu:nis and 1ylics of trarstitrcthrii are lei be
indodcd in tho Contract Dacunrcn'Gs, to wide reas'onoble adjusdnents in the scope of dieProject and to mvllralo: in tlic Cooilrrtct Iiostimonts oliorrinte bids to ildJost the
C`ainslrneliciri Ctasl to plte fiw'rd Iiinit. Fixed limits, if any, shall be increased in. the amount of an increase fit 0ic Cuol11rAct Stun occorrang otter exectalon of tine conti"atct
for Constriction.
5.2.3 if the Procumcmeiit i'liase has not r�nninicnced within 90 days alter the Design Professional submits the Constriction Documents to tie Owner, army Project
budget or fixed until ofCowilinx Lion Cost shall be adjusted to reflect changes in the general level of prices in Ole construcdon industry bctweenllie date o£submission
of the Construction 1-ixaentneats to the t hwnur and the date on Which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUh1ENTS
6,1 "£tic D rawinp, Specifications rimed Otter docuFnacaits prclrared by tine De4igii 15rolussiurial for this Project ono instruments of tho Design Professional's service and shall
ixcone lite property of lire Owner rapots tenrrlrnlriiorr or completion of rite Agg,cincuL "lfhe Design Professional is entitled to retain copies of all such documents. Stich
documents are intended only be applicable to this ]'reject„ and Owner's tvse of slid, tlocorncaw in other projects shall be at Owner's sole risk and expense. In the event die
Owiter Lists any of tlic information or material's dcvclolrtd prmnumit to tine Agrcernent in another projecl or for other purposes than are specified lit die Agreement, the Design
Professional N rclvxstod kroner any and all lial4fityriaatingtoilicir use in dial prglcc't
61 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with Uie Project is notto be construed as publication
in dcrogalion ofthe Design Professional's reserved rights,
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ARTICLE 7 TER-WNATION, SUSPENSION OR ABANDOMME`T
7.1 'il%e MAY, Prnf0sioranl mnay lelrninate the Agicememmtupon not less than ihidy days+t iWen notice should tine Owncrthil m6gla ntially to Imcrforuu In aeeordiutoc wlill the
(o,ms of the Apoceincmt llurnig,h mro fatrit of Ole Design Protessiorsal, Owner rliay ternOnatc the Agrcemcrd or ally pI%a%c thereof ivil,ia or %vilhoutcause upols llmilly (30) d451
prior writhed nraltce to [lie. l3loslipi l''rofcssiommai. All work and labor boirag performmcd under the Agrcerncnt shall! avme iinnmctJhdcly upon Dosign Ploressiouini's ucccipt of such
notice Before tho end of tic thirty (30) day period, Dcsipi Pn kssiolial 511011 invoice line Owner for all wort% it sallsfaetorily performed prlrn to tine receipt ul'such notice. No
maotmutshall be clue liar lost or anticipated profits. All plans, Feld siuvoys, and other dMA related to die Pr�c shall becofric pfopcity oft; [.limner upon lenuhantion of the
Agreement Hind shall he promptly delivered to OW Owner In a rR"ownably organized forlm, Should 0%viicr subscgmie,nilly contract Willi it net%" Dtsiga Professioimud 1br co llinuation
of services oil tiro Project, Design Profr slanal shall cooperate in providing hirballinion,
7.2 If the Project is suspended by the O%vncr for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension,. When the Project is resumed, die Design Professional's compensation shall be equitably nrjjusted to provide for expenses incurred hi the interruption
and resumption of die Design Professional's services.
73 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is peritmncrlly
abandoned. If the Project is abandoned by the Owner for more Ihai'90 consecutive days, die Design Professional or the Owner may terminate die Agreement by giving written
police.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed fit accordance with the Agreement shall be considered subs(mitial non-
performance and cause for termination.
7.5 If (lie Owiter fails to make payment to Design Professional within thirty (30) days of receipt of statement for services properly mid satisfactorily perfornied, die Design
Professional may, upon seven days written notice to the Owner, suspend performance ofsorvices under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
tcmdriation.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPEiNSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory mid customary contributions and benefits related thereto, such as eniployinent taxes and other statutory employee benefits, Insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits,
8.2 REMMURSABLREXPENSES
8,11 Relnmbursnble Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professionals employees mid consultants in the interest of tine Project, as identified in tie following Clauses.
8.2.1.1 Expense of transportation in correction )vith the Project; expenses in connection with authorized out-of-town travel; lotig-distance communications;
and fees paid for securing approval of audloritics having jurisdiction over the Project.
811.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
9.2.1.3 if authorized in advance by tie Owner, expense of overtime work requiring higher than regular rates.
8.2,1.4 Expense of renderings, models and mock-ups requested by the O%mcr.
8.2,1.5 Expense ofcomputer-aided design and drafting equipment time when used hi correction will the Project.
8,2,1.E Other expenses dint are approved ill advance in wrltingby time Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of die Agreement and time schedule of work.
8.3.2 If and to the extent dint time time initially established Ill the Agreement is exceeded or extended through no fault of the Design Professional, counpensatien for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8,33 'dolmen collrpemisation is based ohm is pcFix Iilagcof Constriction Cost mud any portions of time Pri"j ct rime deleted or otherwise not constructed, compensation for
thrlso portions of time Project shall Ire payalik to the extent services are performed oil those porfraarrs, In nccorrinrtco with the schedule set forth in Section 2 of the
Al recntcnt based an (1) die lowest bonhu Ildr, bid r r (2) if. no such bid or proposal is received, tic most recent prclinlInary estimate of Construction Cost or detailed
estirnntcofComiructionCostfarsuch ImitionsoftheProject.
8A PAIIMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8AJ Payments oil account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8,5 PAYMENTS'AgTRBFLD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of time cost of changes in the work other than those for which the Design Professional is responsible.
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8A DESMi PRO1rI'rwSSIONAL'S ACCOWI"ING RECORDS 130542P Professional shall make available to Owner oa Ow aces, aatboflzcd representative records of
Reirubursoble Expenses turd eximuses pehtalainl„ to Additional Services and services perronued on fire basis of a mulliple of Dircol Perxonnol Expense for inspection and
copying during rogarlar busilross holars for Iluce years after Ihedate of the final Certificate of Paymcat, or until any litigation related to the Project is linai, whichever date is
later.
ARTICLE 9 INDENi Mi TI'
9.1 The Design Prolessioarnt shall irldonnify and snvo and hold harmlots the Owner and its officers, agents, and employees front and against any and all liability,
claims, dtrnarids, dwriages, losses, and expenses, Including, but nod (jaunted to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and pcis nral irpuny, dcallt And ptoporty damage, resulting from the ncgligent acts or omissions of the Design Professional or its officers,
sharcholdots, agents, or ernployces In the of lie Aggreement.
9.2 'Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing luerein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone riot a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services tinder the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at lens( wi A- or above:
10.1 Comprehensive General Liability insurance with bodily injury limits of not less prat $1,o00,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less (lion $250,000 in the aggregate.
10.2 Automobile Liability insurance with bodily injury limits of not less (lion $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation fnsurance in accordance with statutory requirements, and Employers' Liability hisurance with limits of not less than $100,000 for each
accident including occupolional disease.
10.4 Professional Liability Insurancewitit limits ofnot loss tltari $1,000,000 annual aggregate.
10,5 TInc Ptsigo Professional shall fanilslr htsrrnarcc corii ficales or fnsurturce policies to the Owner evidencing insurance In compliance with this Article 10 at the lime
of the execul"on of the Agrccnicnt. Tim Owicral Liobility and Atulmnobile, Linbili(y Insurance policies shall name tilt Owner as Fin additional insured, the Workers'
cotrrltcnsalbrrt linlicy shall contnin a waiver ofsubeogotion ht forum rut" the Owner, and each policy shall contain a provision that such hrsut nice shall not be cmccled or
mndiriod w1fliout thirty (30) days, prior written notice to tlwtior oil() Design Professional, In such event, lice Design Professional shall, prior to tie effective dato of Ilic
change or carrccllntinrt, furl0sh Orwner" with substitaic caul Iticatos orpnsufance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 11ic Agreement shall be governed by the lags of the Stale of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owocr and i.'7osign Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to tie other party to this Agreement and to
the partners, successors, assigns and legal rethresornati5tis of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in Ilic Agreement wNlthout the wrillrn consent of Ilte Owner.
11.3 'Die term Agreement as used herein includes ate executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of tic
Agreement which together represent the entire and integrated agreement between the Owner mid Design Professional mid supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by Will Owner and Design Professional When interpreting tie
Agreement arc executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to hamtonize the provisions. However, should the provisions of these documents be in conllia so that they cannot be reasonably harmonized,
such documents shall be given priority In the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other dims tie Proposal
3. These General Provisions
d. 'Ihc Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship wits or a cause of action in favor of a third party against tidier the Owner or Design
Professional.
11,5 Upon receiptof prior wvriticut approval of Owner, the'Vesipm Nor sstonrd:shatt hove Ilia rl rt to Inchidr: reprosentn(iotrs oft1lo dcslgrt oftheProject, including photographs
of the exterior and Interior, among the Design Piofessional's promotional And professiorinl arralenitls. 'I"lle, Dcsigri I ruf sloruul s rnsderials shall not include ire Ommct's
confider tint or proprlelwy Inforntotioa iftho. Owner has prevlotrsly advised tic Design Professicmat in writing Of tic s(r 400 inibmtatlrai considered by the Owner to be conti-
dentiat or proprietary, 'The Owner $1raII ploy We 1lrofc8slowlI credit for 0 re Desl(pr Profess !wait on the cohv,ltuclion sign arwd iri tilt proutoliorial materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the respomibillty and liuhillty of tho Vcsll„n Its cnrployces, associates, agents,
subcontractors, and subconsultmtts for the accuracy and competency of their doslgns or other iwotlt, not. slrrrll stir la Approval be drenred to Iran ran assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the flcsign trrofossional, Its croploycos„ suaf+corutrnctors, tgvia^, aunt consultants.
Page 11
C:1Docunients and SetlingsV2117251DesktopiContract 5319 CDM Smith - Phosphourus Study\Conlract 5319 - Pecan Creek NVRP Phospltonrs Study,doc
11.7 All notices, comrnunicatiorrs, and reports requ ircd or permitted under the Agreement that be personally delivered or mailed to 'the respective parties by depositing
sante in the United States malt to the address shown below signaturo blook oil the Agmerncrwl„ certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deonled effective upon receipt by the pony to whom such notice 11 glvca, or within three (3) days after ntailing.
11.8 if any provision of the AWecrneat is foutld or rlecrrled by a court of competent jurisdiction lobe invalid orunenforceable, it shall be considered severable from tine
remainder of the Agrccrnoil and shall not cause the remnindcr to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
sidekerr provision with a valid mid onforccable provisions which cons -vs as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local Jaws, odes, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 1n perfontting the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, ago, or physical handicap.
11.11 The captions orthe Agreement are for informational purposes only, and shall not in any way affect the substantive tenns or conditions of the Agreement.
Adopted 06/29/2007
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Attachment A
Contract # 5319
Contractor Proposal
and
Pricing
'F
i Mith
3050 Pal 06 BNd, Saxe 300
Roust", Tom 71056
tel: 7:37r3.73W
fa; 713 9460173
July 15, 2013
P.S. Arora
City of Denton
215 E, McKinney Street
Denton, Texas 762o1
HE,. City of Denton, Phosphorus Removal - Phase I Study, Pecan Creek Water Reclamation Plant (WHIR)
CDM Smith is pleased to subillit our qualiiicatlons, scope and rchedule to prmidc osginonhsg services In suppilrl rlf 1.heabove referenced project.
CDM Smith hascstabllslwd itsalfintcrnationaily as one of leadllrg nutrient removAt design consultants, with ovcf,15nperating facillties
worldwide- c,ac�h one of'them mectilr�g Itspcnnit 111110s.Tha Ability orcpM Snaith experi,s to tailor a treatment procuss� to mecta community's specific
Iiceds la born fronn Iliat conics from i5i� yearn ofsuecessfuI 11uplcnl0ritatlon ofchemicaI and
biological nutrient removal technologies to a diverse group of existing facilities.
CDM Smith has assisted the City of Denton with Its wastewater wnitinent planning and design needs for more than 13 years and we arc proud ofour
history of successes together. Proposed project manager, At pSun, I04, BUR managed the design of your Pecan Creek WRPand was successful In
Increasing the treatment capacity ofyourexisting facilities through opt4nir4on, The resulting cost savings allowed the funds to expand both the
composting facility and the reuse water program, Mr. Sun will apply his knowledge and understanding ofyour facilities as well as his wastewater
treatment and nutrient removal expertise to tills project. This in-depth experience further enhances our ability to develop a cost-effective solution that
Is customised for your specific facilities and fits In with your immediate and long-term treatment goals,
We look forward to working with the City of Denton on this project and supporting the mission of the City's Water Utllitles Department. Ifyou have
any questions regarding our statement ofqualifications or require additional information, please do not hesitate to contact Us at 7,14-346-2800.
Sincerely,
S3, P.R,TIC111L+
V-Seniur Vice Prcuident/Proposed Project Manager
fJ � fe
iclaral t3vnlr�w�l�.11n
Client Servim Manager
t"~S
WATER+ ENVIRONMENT I TRANSPORTATION 1 ENER6Y 1 FACILITIES
City of Denton
INNPhosphorus Removal --� Phase I Study
Pecon Creek Water Reclamation Plant
Today many public utilities, like the City of Denton, are under
pressure to reduce costs while meeting more stringent effluent
water quality limits and satisfying the greater needs ofthe
communities they serve. The challenges facing wastewater system
owners are particularly significant In light of
the regulatory agencies' efforts to establish
total maximum daily loads (TMDis) for
specifenvaterbodies, In many Instances, strict
limits on nutrients— nitrogen and
phosphorus —arc being Incorporated Into
MES permits for surface water discharge. As
a result, many utilitiesare honing to nutrient
removal processes such as biological
phosphorus removal (Bio-P) and chemical
phosphorus removal as economical
approaches to meetingstricler water quality
standards. � -----
There Is, however, no single, universal, "best" method for nutrient
removal. Many flow schemes have been developed for removal of
phosphorus, relying on a combination ofanaerobicand aerobic
zones; chemical precipitation, or both. How these components
work Individually is based on basic science; however, It.s how these
reactors are combined and how the arrangement is influenced by
existing facilities, cost considerations, temperatures, wastewater
composition, site constraints, and other elements that makes the
decision process much more complex (Ilan just formulas and
computations on paper. With such a wide variety ofconfigurations
from which to choose, it is critical both technically and financially
to select the right process to meet a particular site's specific needs
and goals. The ability to accurately make these determinations is
only achieved through extensive experience with the practical
design, application ofphosplronrs removal technology, and frst-
-• --- hand knowledlteofexisting facilities,
CDM Smith's experience
In Biological Nutrient
Removal encompasses 25
years of proven
performance. We
understand how to
balance the City's needs
for effective nutrient
removal with a cost-
conscious approach
CDM Smith has long been a recognized leader In
conventional and advanced wastewater treatment
technologies and has assisted thousands of
municipalities and water districts around the
country develop sound, Implementable and cost-
effective solutions to meet capacity demands and
comply with regulatory requirements.
CDM Smiths process design experts have coupled
nutrient removal expertise with extensive
experience that encompasses the design of
virtually every generally accepted nutrient
removal technique, Asa result, CDM Smith has established itself
internationally as one ofthe leading nutrient removal design
consultants, with over 45 operating facilities worldwide— each one
oflhem meeting its permit limits. The ability of CDM Smith experts
hi tallor a treatment process to meet a comntu1110 specific needs
is born from the knowledge of what works and what doesn't, which
comes from 25 years of successful Implementation ol'nutrient
removal technologies Boa diverse group of existing facilities.
Gily of Denton os � I Itgrlttuuaiw Removil Phase I ^41r+u9y I Pecan Creek Wal+.r RedaIII ation Plant „
y
CDM Smith's Successful
History at the Pecan Creek
WRP
The Pecan Creek WRP Is a conventional activated
sludge wastewater treatment facility consisting of bar
screens, grit removal, primary clarification, activated
sludge biological reactors, secondary clarification,
tertiary filtration, ultraviolet (UV) disinfection
processes. CDM Smith has assisted the City of Denton
with Its wastewater treatment planningand design needs at Pecan Creek for
more titan 13years, WWeareit, oudofourhistory ofsuccescestogether and
look forward to continuing to work together to achieve your goals. A brief
overview ofourrecent history work at the Pecan Creek WRP is provided
below.
Expansion and Upgrade
The approach ofthe project was to minimize the extent of required
improvements by optimizing treatment and hydraulic capacity of the
existing treatment units.
In 1000-2001, CDM Smlth and the plant operations maffprocceded to stress
the exlstingsystem and strategically model operational control parameters
in the aeration basins to determine both optimum efficiencies and
maximumloading capacities. it was determined fiomstress testing data
that higher surrace loading rates could be supported by the primary
clarifiers without significant impact on the treatment. The evaluation of the
aeration basins revealed the need to replace the existing aeration diffuser
system due to the age of
the equipment and
inefficiencles [it the
performance, The
Improvements to the
aerationbasinsalso
Included the addition of
baffles to produce
Smith
bloselection of a non -bulking sludge and
segmentation of (lie aeration basins to prevent
short-circuiting and to Increase the
nitrification capacity at an Increased (low rate.
The final clarifier capacity remained a function
of tine solids loading rate and required
modifying the existing clarifiers to enhance
their performance. The modifications
Included energy dissipating Inlets, flocculation
feedw•ells, a more efficient sludge rentova I
system and density current baffics,
Dislilfactlon ImproVf roentS
Ultraviolet irradiation was implemented In
2oo3 for effluent disinfection to replace the
existing chlorination and dechlorination
systems due to concerns ofplant personnel
as well as surrounding residences. Tire
existing chlorine contact basins were
modified for installation of the UV system to
save costs.
The combined commitment of CDM Smith and the City of Denton resulted
in an additional treatment capacity ofexisting facilities through treatment
optimization, The resulting cost savings to the city provided the funds to
allow expanding both the composting facility and the reuse water program.
Digester Improvements
As part of the expansion project, and a
subsequent improvements project in zoog,
CDM Smith improved the mixing and
heating system as well as the replacement of
an aging digester cover. The modifications
provided improved destruction of volatile
solids and increased efficiency In procession
ofblosolids at Pecan Creek,
y _& f1fi i !oval Phase
Ci[ of benlon t irias, rGnorrns Ren
Award -Winning phosphorus Removal
Experience
CDM Smith's expertise in biological nutrient removal has received
special state and national recognition Including:
American Academy of Environmental Engineers Grand Prize,
Research. ror Orange County, Florida's Eastern Service Area
wastewater treatment facility, CDM Slnith provided
engineering evaluation, full-scale and bench -scale plant
Investigations, and design services for the plant's rerating and
expansion that Included a modified Bardenpho"process to
achieve biological phosphorus and nitrogen removal to meet
advanced wastewater treatment standards.
CECNE award and the National ACEC Honor Award for
Engineering Excellence. CDM Smith deslpned nitrogen removal
facilities using two-stago nitrification at the John E. Egan
wastewater treatment plant In Chicago, Illinois.
The Metropolitan Washington Consulting Engineers Council
Award. CDM Smith received this award for englneering
oxcellence for it 5 mgd CDM Smith designed plant using single
stage nitrification for the Frederick -Winchester Service
Authority In Winchester, Vlrglnla,
Phosphorus Removal Expertise
Phosphorus removal Is often an economical solution for meetingthe strict
nutrient limits round in many NPDES permits. Although only one part of a
wastewater treatment plant's overall water quality management strategy,
the selection and design orthe right nutrient removal process is Important.
CDM Smith has both the technical knowledge ofandpractical experience
with nearly all generally accepted nutrient removal techniques.
This experience not only includes the proven ability to tailor a treatment
process to meet a community orplants. specific ncedsand requirements,
sifiltn
Pecan Creek Water Reclamation Plant
but also the ability to design the selected process with f)exibility ili mind to
meet possibly more stringent future limits.
our track record with successful operating facilities requires not only a
thoemigh anrlerwtandirig oftbe science behind pliosphorns rciaaoval annd the
ability to nr„atch art appropriate ttuchnnlaagy with IIle na'ny other factors
iru ppacklung such a selection butalscc the critical elements ofe(piipmem
selection and arrarngemeint, as well as operarlmnal flexibility and von�trol,
')'Iris N particaulady tnic when eonsideringopSrades to existing facilities.
As.ertliiinecrs, CIIM Srnitlr°s prormlounat are.vhallenged by project
constraints rarcry time we hike nrta constraints may
Include site, .regulatory, tiine, operatloinall orhudget. CDM Smith's lundrrstry
nepulation forquality and excellence hasbeen built over decades ofsrurite ;s
ita,addressing ihewconstrrints through Innovationti and perfntrnancc. As as
result, CDh4 Srnilh has rielivercd to nanrclient:s scirne oftheindosirfra most
recognized and award -winning projects and facilities.
The following projects highlight some of CDM Smith's phosphorus removal
work in the region.
Doe Chinch Water Reclarnation Plant, Little Eh), Texas
CDM Smith was selected by the Upper Trinity Regional Water District to
design and construct a new wastewater treatment facility servicing their
customer base in eastern Denton County. Tine site Is located In a residential
area necessitating a design with appropriate aesthetics, and processes that
millgate noise and odors. With an effluent discharge to Lake Leivisville,
the Doe Branch WRP Includes biological nutrient removal to comply
with TCEQ limits on phosphorus.
The facility will be constructed in phases. CDM Smith is currently designing
and constructing Phase I (average daily flow of a mgd) for easy expansion In
subsequent phases.'rhis task order includes detailed final design services,
construction contract documents, bidding phase services, construction
phase services, start-up assistance, and developing an Operations and
Maintenance (O&M) manual for the new plant.
y ". % pit us Removal Phase
l.It of Ikroltaru 9 Nuez altar,
The Phase 1 facility includes:
• Aio-mgdInfluent pump station and fine screens for equipment
Protection
• Activated sludge with biological phosphorusrelnoval
• Cloth media filtration for effluent polishing
• Ultraviolet (UV) disinfection structure with two UV channels
Cascading -type post aeration stnlclure.
• Bolted steel sludge holdingtank with diffused-airmixlug
N A mntrifugal detvalering facility
Alum storage facility with a prefabricated fiberglass building to house
the alum feed pumps.
Diesel standby gencratorsct sized for thecontinuousoperatlonof all
critical wastewater treatment system units.
Cedar Park Witter Reek trim iotl Facility, Cedar Park, TOx as
Paced with growing wastewater demands, an environmentally sensitive
recelvingstream, and downstream communities protesting additional
discharges, the City of Cedar Park decided to upgrade Ihcirwastewater
treatment plant to advanced levels when Awas expanded front r.o-mgd to
a.q-mgd. The Cityselecicd CDM Smilh to recommend a treatment process
that would reliably treat the wastewater to a quality of g/g/a/i mg/L
(RODMS/NI 13/Pho3phorus).
ro increase competitiveness bctween holders of nut rient removal
patents, tine facility Is designed to operate as either a five -stage or
t hrec-stage nutdcut removal proces% In addition to the biological
Processes, tine facility included a new prel(minarytrcatnlent facility
with self-cleaning bar scrcens and grit removal, and atr antontatic
filter,
Pecan Creek water Reclamation Plant
The first part of this assignment involved wastewater qua lily data acquisition
and process allernallve analysis. CDM Smith evaluated theA/O, As/O,
PhoStrip, gardcnpho and conventional chemical treatment alternatives, The
life cycle costs of each process were determined and included construction
costs, operation, maintenance and chemical costs.
CDM Sim lilt designed anAa0 process which, In tine future, can be
expanded to a liarrlr:rpinlro Itro�cet,s if cfflulerat slarrdards change.
Included fit the projcci area new htflueat poartit station; screening and grit
removal facility unilayivoticx-type grit separators, a new fermentation and
flrstanoxic basin, a new 2.5 mgd carousel oxidation ditch, newsecondary
clarifier, new tertiary automatic backwash filters, and new
chlorination/dechlorination facilities.
Also providedwasa newal Owttewateling lMncllilyconsistingof an aerated
sludge holding tank, two two.mcter bclt,prep5es Ina pre-engineered metal
building,andassociated ptarnfvs, cxmvcyors, piping, and polymer feeding
equipment.
CI)M Smith alsodes gntxl and managed an odor investigation of this
treatment plwanl and its collection system. After an adequa le amount of data
tvascollccled, dlffetcrrtctttmtaol strategies, includingoperation and
mainteltaam improvements In the collection system, chemical addition, and
collection andtreatmentof
odorous air were analyzed.
The recommended solution'
was operation and tt irr b l q l� y
, t
maintenance Improvements
to reduce odor generution nl
potential and relocation of
the existing chemical feed to
provide better mixing to
better oxidize hydrogen `
sulfide that forms in the y„ ' q
ys collection sr,
I i I %
n Removal hnse. ity _e ' and
City of Denton t i:vni:lrrrrt„ ., � „ P.e .,.� Pecan ('.reek Water Redamatlon 1..__.
Big OrV Creek Wastewater Treatment Facility Upgrade
and Plant Expansion, Westmltister, Colot'ado
The Clty of Westminster selected CDM Smith to perform preliminary
design, final design, bidding, permitting, and services during construction
for the Big Dry Creek wastewater treatment facility upgrade and expansion
project. The improvements added additional capacity, allowed the facility to
meet more stringent permit requirements and replaced aging facilities.
In an effort to meet upcoming nutrient limits, the CDM Smith design
modified the treatment process at Dig Dry Creek from in traditional
activated sludge process to an A20 Biological Nutrient Removal
(BNR) process. Some Improvements Involved construction of new facllftles
while others Included only rehabilitation of existing facilities.The new
facilities included headworkshuilding. influent pump station, additional
aeration basins and secondary clarifier, UV disinfection, sludge mixing
pump station, sludge mixing tank, gravity belt thickeners, secondary
anaerobic digester, hydraulic outfall structures, RV waste handling elation,
two biofliters for odor control, administration bulldingand associated
support facilities.
Facilities proposed for rehabilitation Include conversion of primaryclarifiers
into anaerobic fermentation tanks, conversion ofthe existing single pass
aerationbaslus to serpentine configuratlon, WAS and RAS pumping,
anaerobic digestion facllftles, sludge thickening and dewatering facilities,
sludge processing building, conversion ofexlsting influent pump station
Into a raw sewage/plant drain pump station, blowers, primary sludgepump
station/odor control building, conversion of reuse water treatment plant
from chlorine gas to sodium hypoehlorfte, digester mixing equipment, yard
piping and the operations building.
Constniction began inaugust of zoos. CDM Smith provided construction
observation with a project representative on -site. The expanded and
upgraded facility has been In operation since aoapand has
consistently met Its discharge limits of to mg/Land t mg/L for total
nitrogen and total phosphorus, respectively. in addition, CDM Smith
prepared an operations and maintenance (O&M) manual to Include all
vendor supplied O&M manuals forall new equipment,
COM
$Mith
Facilities Included:
° New beadworks facility capable oftreatinga maximum month flow of
Iz rngd, with a peak hour flow of a6,y mgd (two n/-inch mechanical bar
screens, two screenings washer/compactors, two forced vortex grit
removal units, two grit classifiers and associated gates, valves and
control system).
New influent pump station capable of handling current low flow rates
and future peak flow rates,
" New RAS pump station, and all ofthe solids handling pumps on site.
Newabove ground, glass coated steel tank, with aluminum cover, for
storingdewalcred solids.
New Secondary
Clarifier
New Ultra Violet
Disinfection system.
New Secondary
Digester.
New sludge mixing
and loadout pump
station.
New Sludge
Thlckeningand DewateringSystems.
New Bulk Sodium Wypochlorite Systems.
New SCADA system.
New Biological Nitrification Reduction system.
City of lienlon - llbosnhoms
Experienced Team Ensures Success
CDM Smith hasassembleda team ofcxperts in wastewater treatment and
biological nutrient removal, as Illustrated in the organizational chart below.
Mernbers of thls team have worked on numerous wastewater facilities
throughout Texas and the surrounding states. Brief experience summaries
ofCDM Smith's key team members are presented on the following pages.
Our project team will be led by our proposed Project Manager Al Sun, who
brings direct experience with your plant, as well as more than 35 years of
Texas wastewater treatment expertise. Al will work hand -In -hand with Lead
Process Designer, Samir Mathur, who has led nutrient removal projects In
Texas and Colorado.
We have Included a Technical Review Committee that
consists of nutrient removal experts, including Rodney
Chapinand Joel Rife. Both have performed similar
nutrient removal stud les and designs and provide
lessons learned regarding tine level of detail needed to
comply with the regulatory requirements.
AI Sun, P.E. — Project Manager
Together, this Leadershi
Team will work closely
with City staff to provid
the right balance of
management and
technical expertise to
ensure project success.
Mr. Sun has over go years of experience in
envhanmental engineering specializing in wastewater and water treatment
and solids handling. He has served as a principal -in -charge officer, program
manager, project manager, construction manager, senior process specialist,
seniorvalue engineering team member, and technical reviewer formajor
projects. Mr. Sun has been intimately Involved In devcloping innovative
treatment technologies and processes to address complex
wastewater treatment challenges, including the
sidestrcann treatment process and the biologically
enhanced high -rate clarification process. He
brings extensive experience and understanding of
your wastewater system, as well as nutrient removal
study and design experience throughout i
Texas and surrounding states. i
I
com
Smith
--phase I Stlydy i Pecan Cenilk Walrf Red ama(ion Plont
Adam Evans, RE.--Principal-In-Charge
Mr. Evans has to years of experience In engineering focusing an the
management of complex design projects for water and wastewater
treatment facilities in North Texas, Oklahoma, and Northern California, As
Principal -in -Charge, Adam Evans will ensure that your goals are met and
expectations are exeeeded III tilt delivery of this project. He will be
responsible forallor+tthngaclegnat'e resources to respond to any needs that
may arise throughout the course of lire project.
Joel Rife, P.C. (NM) —Technical Review
Mr. Rife iras 3a years of experlence in environmental engineering. He
possesses a broad -based knowledge of wastewater
.,_,,,,,,,_..
treatment process engineering with an emphasis on
P design including biological and chemical nutrient
removal, headworks, effluent disinfection, primary and
e secondary sludge processing, as well as plant capacity
evaluations andwastewater plant opera lions. Helsthe
primary author of Chapte r n of the W EP Manual of
Practice No g "Design of Municipal Wastewater
TreatmentPlanV and co-author of Chapters 6, to and u
of WEF Manual of Practice No 7.9 "operatlon of Nutrient
µµ Removal Facilities '
D11 TO
Oy of Donlon! luosplrorut liemoval phase I ". Iljdy I Pecan Creek Water Reclamation Plant 1e
Rodney Chapin, RE. — Technical Review
Mr. Chapin has over 25Years of experience In environmental engineering
specializing in municipal water treatment and distribution, municipal and
industrial wastewater treatment and collection, water/wastewater solids
management, reclaimed wastewater reuse, and biomonitoring/toxicity
reduction, Mr. Chapin conducted a research project to study the effects of
acetic acld Inhibition on the biological phosphorus removal process In
wastewater treatment plant. Two pilot plants were constructed and
operated for nine months to study the effects of municipal wastewater
spiked with acetate on the biological phosphorus removal process. The
research project was performed for the plant to determine methods for
phosphorus control in the effluent.
Sarnir Mathin, RE, -- lead Process Mechanical
Mr. Mathur is an environmental engineer with in-depth experience in
analysis and design ofwastewater treatment facilities. His nutrient removal
experience includes serving as Project Manager for the Big Dry Creek
Wastewater Treat menl Facility In Westminster, Colorado where lie
evaluated the feasibilityand cost of iniplcnienting biological nutrient
removal, including comparing nutrient removal alternatives on a costand
non -cost basis, The nutrient removal processes evaluated were A20, Five -
Stage Bardenpho, University of Cape Town, Virginia Initiative,
Johannesburg, and ISAH processes. Following the evaluation phase, he was
(lie lead design engineer on the biological nutrient removal Improvements,
which included construction of new aeration tanks with anoxic zones, new
aeration equipment, blowers, and secondary clarifiers. He Is currently
designing UpperTrinlly's Doe Branch Water Reclamation Plant's nutrient
removal facilities.
Srikanth Koduri, RE. -• Process Mechanical Support
Mr. Koduri isan environmental engineer experienced with wastewater
treatment plant design and has been Involved In facility designs throughout
Texas, His experience includes, serving as Project Engineer for the blogas to
energy project for Pecan Creek Water Reclamation Plant, the current Doe
Branch Water Reclamation Facility nutrient removal facility design for
Upper Trinity, Improvements at North Texas Municipal Water District's
slnnith
South Mesquite Crcck W WTP, .Improvements at Dallas Southslde W WTP,
and Upgrades at Port Sm[lh, Arkansas' P Street WWTP,
Indira Pjetrovic, RE, — Electrical Engineering
Ms. Pjctrovic has 13 years of experience In the water and wastewater
consultant -engineering field. She has been responsible for engineering
design, cost estimating, and services during construction of electrical
systems for various municipal waterand wastewater systems.
John Robinson, RE.-- Instrumentatlon
Mr. Robinson leas a6years ofexperience developing and Implementing
Instrumentation and control systems for small, medlum, and large
automated processes, ig of which lie has specialized in water and
wastewater treatment. Mr. Robinson's experience includes project
�umiiicmIon, prolp:ct project oigincering. Y.;Kaudits and
training,, Iristritmentai lon specIficratlon, control logic ocvclopnklont for
programinable controllersystcnrs (Plk') and distribuud control systems
(DCb1, applicathnn prograrnming, pelti startup, trouhleshoslhig, operator
training, and pilot plant operation,
Eric Bjorldund, RE, —Structural Engineering
Mr, Pjorkhind has over 26 years ofprofessional experience asa structural
en-tilneer,111sarcas nfexpertise include design for water and wastewater
Ircatntestt facilities, Including pump stations, water transmission facilities,
drainage structures and solid waste faclllttes and buildings, Including both
the Investigation and rrinatlyilit:at#lain ofexlsting structures and the design of
new facilities. Asa design engince °and project manager, he has provided
services ranging from initial site investigation reports, to developing
alternative solutions with associated cost estimates, to final construction
plansand specifications, on through to constructlon management services,
The projects Mr. Bjorklund has been Involved with have ranged in size to
more than S1.5 billion in construction costs.
r p y I eciamotion Plant
t"It�,of 0entrnn l ltrnm lnrar.nt Removal —f"Ia rse I �awl.tnl� Pecan Creek Water R„
Project Approach
BACKGROUND
The City of Denton Pccan Creek Water Reclamation Plant (PCWRP) was
expanded In zoos and Is currently permitted to discharge zi mgd ADF and
46 mgd 2-Hour Peak Flow, For theTCLQ permit renewal application
submitted by the City of Denton In 2010, TCEQ hasadded the discharge
parameter requirement for Phosphorus at a limitofo,5 mgJl to the permit,
The final permit has been issued by TCEQ this month, The City of Denton
is required to make the process modificatlons and necessary modifications
to the treatment units tocomply with the Phosphorus limit within three
years of the final permit issuance,
SCOFF OF SERVICES
Phosphorus Discharge Limitand Impact on Plant Processes
This Phase t study is to assess the City's options for addressing the new
phosphorus limit In the anticipated NPI)ES permit. The study wlll focus on
phosphorus removal alternatives, national trends, Impacts oftreatment
modifications, and theuse ofthe removed phosphorusafter digestion.
Speciflc tasks Include;
n, Evaluate viable phosphorus removal alternatives and recommend tlme
most benencial and practical solution for the PCWRP. Evaluated
options include;
a. Biologicalphosphomsremoval-activatedsludgeprocesses
that have been successfully used for similar applications,
b. Chemical phosphorus removal - precipitation of phosphorus
and removal In the clarification process, activated sludge
process, and filtration process.
c. Combinations of these methods to optimize removal basal on
site -specific considerations at the PCWRP.
z, Assess the impacts cfphosphorusremoval onother treat mentprocesses
at the PCWRP, Including an evaluation of the effects on the following,
CIDSrrt�ltt'9
a. Thickening and dewatering processes
b. Sidestream phosphorus treatment
c. Anaerobic Digestion and Blogas production
d. Composting
g. Address phosphorus Issues after anaerobic digestion, such as utilizing
removed phosphorus as a fertilizer
q, Assess Impact of phosphors removal on future nitrogen removal
requirements
5, Assess feasibility of chemical addition at the Hickory Creek Lift Station
to mitigate odors and begin the phosphorus precipitation process prior
to entering the W RP.
6, Prepare a Draft Report to document the findings and finalize the report
after incorporating City's review comments
7. Prepare conceptual layout drawings for Improvements to provide
phosphorus removal
8. Provide internal QAJQC review of Draft Report and drawings
9. Incorporate City comments on Draft Report and Issue Final Report,
Engineering documents are to be reviewed by City personnel following
CDM Smith's In-house quality control and quality assurance procedures.
City will provide CDM Smith with. one consolidated set of comments on
engineering documents upon completion of Internal review,
TIME PERIOM FOR SERVICES
The draft report will be completed within four months from the date of
authorization to proceed, CDM Smith proposes that the detailed design be
handled under a separate scope based on the recommendations of the
feasibility study.
City of Denton e M1,0%IJ11orsIs Removal Phase I Study 1 Pecan Creek Water Reclamotlon Plant
Schedule and Workplan/Phasing
CDM Smith understands that the City of Denton must complete this
phosphorus removal project under strict time requirements stipulated by
tlteTCGQ. Based on a three-yearallowance for full implementation of
phosphorus removal Improvements, we have Identified a schedule that will
provide Pecan Creek WRP staff with at least three full months to optimize
theprocess Improvements and receive training on the new operational
procedures. The chart below sliows our proposed schedule for completing
the work.
WOhwetflnal+
Hodro to Ptaced
P1ev3 I Study
(ItyoflkntunAevkn n
PI�a4! i' OelaiV'ed Olpajn
�rAw,. YA.{Uatu"frlp
;;d ; C4wwd1;uui1�
#8 rpG 31p `�rw i
hir"1N.�n �P,ki
t b"„l d� 1 w df iatt�r, t
Vir b iA, hI AB#:n"in4,10 ai
aCli;aiu
R"has gPYam4�R0r+aausauu�rnARuaRrun�
1N01
Rwi � Ewa I,
CIOM
smith 9
City of Denton
PCWRP Phosphorus Removal Phase Ifee
Basis of Compensation
Description
...._.
Project
Manager
Sirp ._... ..
-....
Project
Princlual
_. Evons
catlnns M1lteu allO Ctts,tS
r.a§�aorClasslflan
., ,..� ..._._..�
Project Electrlcall CADD ttllTask
Bnasneer _I&C OA/aC Technlctan Asslstapt
RadgerrPpeido Mitchell
KodUr/ Rnh/ns00 ......
Total
FHo
Cost
stutly Phase
A. Kickoff Workshop
8
4
8
7
22
4,550
B. Task 1- Phosphorus Removal Aitornarl,lve
16
4
40
2 8
1
71
13,105
C. Task 2 - Impacts on Remaining Pyocst%n,t
8
2
40
2
1
53
8,908
D. Task 3 - Post-Dlgestlon Phosphorus Use
4
2
20
1
1
27
31
8
4,915
5,735
E. Task 4 - Impacts on Nitrogen Removal
8
2
20
1
29
*
5,545
F. Task 5 - Hlckory Creek Chem AddlUon
8
2
16
2
G. Task 6 - Prepare Draft Report
8
4
60
8
8
88
$
13,680
H. Task 7 - Conceptual Layouts
16
4
24
4 1 40
1
90
17,000
1. Task 8 QA/QC of Report
2
2
8
1 6
4,170
). Task 9 - Incorporate Comments
2
1
A
17
.. tM1
_ _.
�...m
4;510
Subtotal, lrMa nheurs,
.....
80 77 244' 18 9 $0 24
451
I'kltr",sSest
S
3.120
"I"ot„r,h
S
85.135
Attachment B.
Contract # 5319
Awarded Contractor
Documentation
:
City of Denton Purchasing
901-13 Texas St. Denton, TX 76209
Phone: (940) 349-7100 Fax: (940) 349.7302
ww. .donton urchasin .com
Substitute W9 Form
The IRS requires all vendors to complete a W-9 Form. The Information on this form must be filled out, signed and submitted by a
vendor representative. All Information must be completed before a purchase order or payment will be Issued.
Name as shown on your Income tax return:
Tax ID/Social Security #:
OW - ;-17 3 tSo
Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxtaxpayer Identificallon number (or I
am waiting for a number to be issued to me), and 2.1 am not subject to backup withholding because (a) I am exempt from
backup witholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding
as a result of failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup
wllhholding, and 3. 1 am a US lz+rl l or : per U.S. person-ior fededral tax purposes as defined at the bottom of this page`.
... a"S
Authorized Signature.
Printed Nanle:�_--
Melling Address: /r
Company Name: C M 5 ►rt P'f
D
Contact Name. EVaH Address: 1&fg0 w6tl4g4- rir.C( Lh'
Sark, 1400
tall", Tf, 75i3t
to c a a r t o box terrll o asslflr Ire lrlr
Individual!
Sole ,� Corporation ❑ Partnership
Proprietor
Musldesignate C or S
Exempt ❑ s
W.ebsite: Ww � , .. t
Phone Number:
Fax Number:
Limited Other
❑ Liability ❑ Please specify:
Corporation
❑ Real Ealate Equipment Royalties (A-2)
Business Type t Rentaftease (A1) ❑ Rental/Lesse (A•9) ❑ ❑ Medical/Health Care
Services Only (A- Merchandise. Merchandiso &
❑ 7) ❑ Goods Only (A-7) ❑ Services (A-7) ❑ t.ogol rlraVAUlonzoy (A.G)
Consultant/Prof
Nooeedsfrom
Real Estate
Fees (A•7)
Purchases
Minority ❑ Female Owned Non Profit ❑ Historically Underutilized
Type of Organization: ❑ Owned Business
"Definition of a U.S. Person -For Faderal Tax purposes, you are considered a U.S. person If you are: (a) an Individual who Is a U.S. citizen or
U.S. resident (b) a partnership, corporation, company, or association created or organized In the United States or under the laws of the United
States (c) an estate (other than a foreign estate), or (d) a domestic trust (as defined In Regulations Section 301.7701-7).
COD Page 1 9/23/2011
Vendor Information Not Reaulred for W-9 Form
BoUllt Address (If different from above)
Company Name: 6 IDAi Sirs I
Contact Name:
Address: 15-03(p,1 ,v e.
Email:
Phone Number:
Fax Number:
List Products and/or Services Interested In RIddIn
For Internal Use Only
11 New Vendor
El Vendor Change
0 Refund
Requesting Department:
Purchasing Signature;
ACH Information -Voluntary
ABA RoutingM I-) I/ P00 1
Contact Name : CDAI 5^'4, 7--ic.
Bank Account#- 0007PO 4/19 05 1 _
Bank Name:
ACH EMall:
ACH Emall:
Phone Number:
Fax Number:
Vendor Number
Date*
Date:
I (we) authorize the City of Donlon to deposil
payments Into the chocking arcovilt 11alod. 'tile
authority remains In affect until the C11yof Denton
has received written n*1111100110n from 1110 Of
termination In time to allow reasonable opportunity
to act on It, or until the 011YOf 000011 has sent me
tile at, oment.
ZZ"
C I ieldl
11,10
Date
COD Page 2 9/2312011
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
x+fats• vendor at, otlier jersort duilf ,�_ lawbyH.B.t1491 SOth Leg,, �� - . M
This _ business � � ttt y
Lis questionnaire reflects changes made to the la
y Regular Session. pTrICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person 'iDateReeelved
who has a business relationship as defined by Section 176.001(1-a) witli a local governmental entity and the
person incets requirements under Section 176.006(a).
By la%v this questionnaire must be tiled with the records administrator of the local government entity not later
than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor, m.
l+fttrrlc rtf �... �..� ,......_.. ., ......mm�. �._....
1 its n tterslurs 1 ctrttuorusllllti with local governmental entity.
FVavts " D/t'i 5 ltir
el �Mtrt 1YI10 1 _
❑ Clieclt this box if you are filing an update to a previously tiled questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate ailing authority not later than the 7c business day alter the
date the originally filed questionnaire becomes incomplele or inaccurate)
_- .... .
P Name of local govcnnuent officer with whom Tiler has an employment teal or ati4l lrw mIlliortshill
. vm W }
Name of/Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary,
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment Income, from the
filer of the questionnaire? yy
El Yes.-..�.._ 1 No
S. Is the filer of the questionnaire receiving or likely to receive taxable Income, other than investment Income, from or at the direction of the
local government officer named In this section AND the taxable Income is not received from the local governmental entity?
EJ Yes El No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes 0 No
D. Describe each affiliation or business relationship.
4,1
-7451(3
� Dale m
6ignat� . _ _, ....... ..� ... �__.
�u to of person oing business with the governmental entity
Contract # 5319
Insurance Documentation
DATE(MM/DD/YWY)
CERTIFICATE OF LIABILITY INSURANCE 07123/2013
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. _
I tst Iao endorsed. If SUBROGATION I +Dot
Amay
rights e
of confer rl hts to the
the terms andconditionsthe policy. certain policies require an endorsement. A statement on this certificate does not
E
certificate holder In lieu of such andorsoment('s),
m
PRODUCER CONT'ACI
NAME
on Risk Services Northeast, Inc.
A _
rI"IlN (6667 283-7122 F'AX 800-363-0105
a
Boston MA office II,pa rxl�f
One Federal Street
ADDRESS:
_
Boston MA 02110 USA
INSURER(S) AFFORDING COVERAGE NAIC M
....,..�,�..._... ...� ...,, �.....--...m.
At Lloyds INSURED -�-� INsuRERa Underwriters London 15792 .._
CDM Smith Inc. INSuRERe: Zurich American Ins co 16535
ONE CAMBRIDGE PLACE .^_—�...-,.... ...'-__ , ......_---.....__.. ._,.,., ........
INSUR..
50 HAMPSHIRE STREET ER
CAMBRIDGE MA 021390000 USA INSURER D:
INSURER E:
INSURER F:
F(TlPE6II:TAGFS CERTIFICATE NUMBER: 570050017991 REVISION NUMBED:
T9 US IS TO GER IIFY T IiAI lIfE POLICIES OI• INSURANCE LISTED BELOW HAVb 'li -FIN ISSUt1U I LJ t VK+ IN I u,rt r"'WA -111
INDICATED. NOTWITI ISTANO NC 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. Limits shown are as requested
TYPE F INSURANCE �-
tl NNt
V�.
POLICY NUMBER ......
MM,gpr y
^�
Kpy y
.LIMITS--^
3R GENERAL LIABILITY
GLO
EACH OCCURRENCE
R NC
$2 , 000
O
m-
000
X
COMMERCIAL GENERAL LIABILITY
PREMISES !Ea occurrence)
................................. ' -.
..-..,.
��_�..
CLAIMS -MADE X,�....... OCCUR
MED EXP ( one person)
$10000
....,_ ... .._
--'
L xy
� ADV INJURY
PERSONAS AD
$2,000 OOO
r
rn
"""""mmmm"--'
GENERAL AGGREGATE
$4,000, 000
PER: � -
COMP/OP AGG
4 000 000
oo
L PER
,LH't AGGREGATE LIMIT AF I I ffS
o
POLICY x P X LDC
0
�""'�"""""��
BAP 8376631-17
6 Ul/11111
1%f��.'%214
SINGLE LIMIT
COMBINED S
$2,000,000
AUTOMOBILE LIABILITY
ic„ arrlAnon
ANY AUTO ersort)
8001LY INJURY (Per person)
ALLOWNED '•'°SCHEDULED BODILYINJURY(Pereccldenl)
AUTOS AUTOS ...
RO ERTY DAMAGE
occident)
HIRED AUTOS x ALTO$NON-OWNED (per, e,.,.,
—. AUTOS .....,�----�..,....
UMBRELLA LIAR OCCUR EGGREGAT OCCURRENCE
-�� CLAIMS -MADE EACH OCCUE .,
EXCESS LIAR ..---..._
B WORI+ERE COMPENSATION AND..
'.. EMPLOYERS' LIABILITY Y t N
ANYPROPRIETOR I PARTNER I EXECUTIVE p"
OFF, IW,:f- RNWdEWIER EXCLUDED? Y N N I A
IMaadnlory In NHLL„
l'1 eq 4fir arRw under
Dff', CJl 911 ON 01 rtllkl .RATIONS below
A Archit&Eng Prof
EL EACH ACCIDENT
$1,000,000
EL DISEASE -EA EMPLOYEE
$1,000,000
E L DISEASE -POLICY LIMIT
51, 000, 000
each claim
$1,000,000
aggregate
$1,000,000
OESCI'LUT'ION OF OPERATIONS dLOCATIONS J V100CLSS (Attach ACORD 109, Addlllonal Remarks Si;.hrrdula, It more space Ivl.. roqulred)
Re: Contract No. 5319, Pecan Creek Water Reclamation Plant Phosphorus Removal Project.
The City of Denton is included as Additional insured in accordance with the policy provisions of the General Liability and
Automobile Liability policies. A waiver of Subrogation is granted in favor of the City of Denton in accordance with the policy
provisions of the workers' Compensation policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
City Of Denton AUTHORIZED REPRESENTATIVE
215 East McKinney Street
Denton TX 76201 USA JQL 114-11Z- rye
01988-200 ACORD CORPORATION. All rights reserved,
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
EXHIBIT B
Scope of Work
Pecan Creek WRP
Phosphorus Removal Improvements Project
City of Denton, Texas
I. Project Overview
This project consists of engineering services required for the design, bidding and
construction of phosphorus removal improvements to the Pecan Creek Water
Reclamation Plant.
II. Scope of Services
The project will consist of two project phases and the major tasks under each
phase are as follows:
Phase I -Design
■ Prepare 60% Complete Plans and Specifications
• Prepare 90% and Produce 100% Complete Plans and Specifications
Phase II - Bidding and Construction
■ Provide Services During Bidding
■ Provide Services During Construction
In addition to the above 4 tasks, a "Project Management" task is also included so
that the project is effectively executed.
A narrative description of the tasks and subtasks follows.
Phase I - Design: Plans & Specifications
The design task will include the development of plans and specifications to
include the following upgrades and improvements:
Addition of a new ferric chloride storage system that will include a
chemical storage facility with chemical containment. The chemical storage
facility will include ferric chloride bulk storage, ferric chloride day tanks
and a ferric chloride feed system and will be housed under a metal
canopy structure.
Chemical feed system, including chemical feed pumps, valves and
appurtenances.
Chemical feed piping to various treatment units including raw sewage
influent box, primary clarifiers, aeration basins, tertiary filters, anaerobic
digesters and belt filter presses.
CDM Smith 1
Scope of Work
Pecan Creek WRP Phosphorus Removal Improvements Project
City of Denton, Texas
Associated structural, civil, building -mechanical and electrical
improvements required for the chemical storage system and feed systems.
Instrumentation improvements required to incorporate the chemical
storage and feed system addition into the existing Plant SCADA system.
Survey and geotechnical investigation are not included in the scope for
this Project. The City of Denton shall supply up-to-date and accurate
survey and geotechnical information to be utilized for design.
Design development will occur in three steps (60%, 90% and 100% complete),
with the first step being development to the 60% complete design milestone.
The design plans will be developed on AutoCAD systems and all
specifications will be developed on Microsoft Word -compatible word
processing systems.
Task 1- Prepare 60% Complete Plans and Specifications
Task Objective: To develop the recommended phosphorus removal alternative
(Chemical P Removal) into 60% complete level plans and specifications.
1. The CDM Smith Team will prepare 60% complete plans as apart of this task
which will generally include:
• Cover/title sheet with location plan
• Plan index sheet
• Process flow diagram sheets
• Design criteria sheets
• Civil/Site legend and abbreviation sheets
• Site plan sheets
• Yard piping plan sheets
• General details of civil/site construction sheets
• Structural legend and abbreviation sheets
• Structural plan sheets
• Structural sectional sheets
• General details of structural construction sheets
• Architectural treatment sheets (if required)
• Process/mechanical legend and abbreviation sheets
• Process & instrumentation diagram sheets
• Process/mechanical plan sheets
• Process/mechanical sectional sheets
• General details of process/mechanical construction
• Electrical/instrumentation legend and abbreviation sheets
• Electrical one -line diagram sheets
• Instrumentation control system architecture sheets
• Electrical plan sheets
CDM Smith
Scope of Work
Pecan Creek WRP Phosphorus Removal Improvements Project
City of Denton, Texas
• Electrical sectional sheets
• General details of electrical/instrumentation construction sheets
3. The CDM Smith Team will prepare 60% complete specifications as part of this
task which will generally include:
• Preliminary table of contents
• First draft general terms and conditions of contract
• First draft general requirements of contract (Division 1)
• First draft critical specification sections in Division 11 and 15
4. Upon completing the above subtasks, the. CDM, Sinith Tearl, will submit the
60o project team review tladc��,i�n package
to l.re City for ���=*view, '1"lrc� �"ity's
complete �� g r package
1 a 1 ge,and provide one consolidated set
of cominents to CDM'Smith within two weeks of delivery. Appropriate
comments and concerns will be incorporated into design efforts leading to the
90% complete design milestone. Any additional comments delivered by the
City will be out of scope.
Task 1 Deliverables:
• 60To Complete Design Review Package (3 copies of 177 17 drawings and
specifications)
Task 2 - Prepare 90 A and 100% o Complete Plans and Specifications
Task Objective: To develop the previously prepared 60% complete design effort
into final draft construction plans and specifications.
Subtasks:
1. Finalization of design plans will occur under this task and will generally
consist of adding specific details of construction sheets for all design
disciplines, adding instrumentation control loop diagram sheets, and adding
elementary wiring diagram sheets to the electrical discipline design package.
2. Final draft design specifications and general terms and conditions of contract
will also be produced under this task. Remaining work to be completed
includes:
• Tailoring Division 2 through 16 technical specifications
• Tailoring the general terms and conditions of contract for the specific
requirements of the project
3. Inter- and cross -discipline checking of both plans and specifications will also
occur under this task. Additionally, the CDM Smith Team will perform final
CDM Smith 3
Scope of Work
Pecan Creek WRP Phosphorus Removal Improvements Project
City of Denton, Texas
field verifications for constructability, operability and maintainability as part
of tlus checking exercise and discuss maintaining plant operation during
construction.
4. OPCC will be developed based on 90% complete design documents.
5. Upon completing the 90% design documents (plans and specifications), the
CDM Smith Team will provide 90% complete documents to the City's project
design team for review. The City's project team will review the design
package and provide one consolidated set of comments to CDM Smith within
two weeks of delivery.
6. The City's review comments will be incorporated into the 90% complete plans
and specifications for the production of Bid Documents. The Bid Documents
will be delivered to the City for bidding purposes. Any additional comments
delivered by the City beyond the single consolidated set of comments on the
90% deliverable will be out of scope.
Task 2 Deliverables:
900/. Complete Design Documents (Plans & Specifications - 3 copies)
• Bid Documents (3 copies of 11 x 17 drawings and specifications, 2 CDs
with PDFs of drawings and specifications)
• 90% Engineer's Opinion of Probable Construction Costs for the Project
Phase 11— Services During Construction
Task 3 - Provide Bidding Services
Task Objective: To assist the City project team with the bidding of the
Improvements Project.
Subtasks:
1. The CDM Smith Team will provide written response through addenda as
necessary during the established bid period to clarify the completed contract
documents in response to contractor and vendor query.
2. The CDM Smith Team will participate and present an overview of technical
aspects of the project at one pre -bid meeting planned and executed by the
City's team.
3. The CDM Smith Team will review the bid tabulation provided by the City's
team and prepare written award recommendation.
CDM Smith
Scope of Work
Pecan Creek WRP Phosphorus Removal Improvements Project
City of Denton, Texas
4. The CDM Smith Team will assemble conformed documents and provide the
City one CD with electronic copies of plans and specifications.
Task 3 Deliverables:
• Contract Addenda as necessary
• Contract Award Recommendation Letter
• Conformed Contract Documents (One CD with PDFs of Drawings and
Specifications)
Task 4 - Provide Services During Construction
Task Objective: To assist the City with the execution of the construction phase
of the project.
Subtasks:
1. The CDM Smith Team will receive, review and provide written response to
contractor -generated Requests for Information (RFI). An estimate of 20 RFIs
is included. Any additional RFIs will be considered out of scope.
2. The CDM Smith Team will receive, review, and provide written
recommendations to the City as to the merit of contractor -generated change
order requests. Additionally, the CDM Smith Team will review change order
costs (or credits) to determine whether they are representative of the
additional work value and provide written recommendations to the City. An
estimate of 5 change requests is included.
3. The CDM Smith Team will receive, review, and post contractor -generated
submittals required to be submitted by the Contract Documents. An estimate
of 20 shop drawings and 10 O&M manuals is included. Any additional
submittals will be considered out of scope.
4. The CDM Smith Team will receive, review, and provide written comment as
to the adequacy of the Contractor's Schedule of Values and Construction
Schedule as necessary.
5. The CDM Smith Team will receive and review the Contractor's monthly
applications for payment, and determine and recommend the amounts that
the Contractor's be paid. Such recommendations of payment will be based on
observations and review that the work has progressed to the point indicated,
the quality of such work is in general conformance with the Contract
Documents, and the conditions precedent to Contractor's being entitled to
such payment appear to have been fulfilled.
CDM Smith 5
Scope of Work
Pecan Creek WRP Phosphorus Removal Improvements Project
City of Denton, Texas
6. The CDM Smith Team will visit the site to observe the progress of the work
once every month for nine months during construction, coinciding with the
construction progress meetings established for the project to combine the
purpose of a site visit and maximize the value of consultant services provided
under this task.
7. The CDM Smith Team will provide construction service related consultation
as necessary during the course of construction. Such consultation may
include:
Recommending conformance tests to be performed and interpreting the
results of such testing;
Interpreting the Contract Documents and helping to resolve disputes
when Owner and Contractor interpretations differ;
Interpreting and commenting; on the conformance of key work elements;
Assisting in the development of contract deficiency lists at both
substantial completion and final payment junctures of the project. Up to 2
site visits are included for developing contract deficiency lists.
Task 4 DeIiverables:
• RFI Responses
• Payment Recommendations
• Change Order Review Comments
• Submittal Review Comments
• Change Order Initiations
• "Punch -List" following substantial completion inspection
Task 5 - Provide Project Management
Task Objective: To effectively deliver the project.
Subtasks:
1. Assess the expectations of project stakeholders and manage the scope,
schedule and budget of the project.
2. Facilitate communication between all project stakeholders.
3. Provide quality assurance and quality control.
4. Coordinate meeting schedules among project stakeholders and document
meetings in the form of minutes.
5. Establish and maintain an electronic project schedule during design using
Microsoft Project.
CDM Smith 6
Scope of Work
Pecan Creek WRP Phosphorus Removal Improvements Project
City of Denton, Texas
6. Advise the City when established project expectations cannot be met.
7. Conduct two progress meetings to review with City staff work performed to
date and tasks planned, and discuss any outstanding project issues. This is to
maintain close involvement of City staff in the project and streamline
decision -making.
CDM Smith