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HomeMy WebLinkAbout2002-359ORDINANCE NO. 5 9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAMP, DRESSER & MCKEE, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE DESIGN OF THE CLEAR CREEK WATER RECLAMATION PLANT PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to engage Camp, Dresser & McKee, Inc., a Corporation, of Dallas, Texas ("CD&M' ), to provide professional engineering services pertaining to the design of the City of Denton Clear Creek Water Reclamation Plant Project; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -referenced professional engineering services, and that limited City staff cannot adequately perform the specialized 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 on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with Camp, Dresser & McKee, Inc., a Corporation, of Dallas, Texas, for professional engineering services pertaining to the design of the City of Denton Clear Creek Water Reclamation Plant, in an amount not to exceed $499,347; in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of CD&M and the demonstrated ability of CD&M to perform the services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 54 day of 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY I0 AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: SAOur Documents\Ordinances\02\Camp Dresser & McKee, Inc. -Clear Creek Water Reclam Plant Ord.doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the Z '*day of kA4lzi , 2002, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Camp Dresser & McKee Inc., with its regional office at One Glen Lakes, 8140 Walnut Hill Lane, Suite 1000, Dallas, Texas 75231 and its corporate office at One Cambridge Place, 50 Hampshire Street, Cambridge, Massachusetts 02139 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 engineering firm, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Scope of Work, 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, the design of the Clear Creek Water Reclamation Plant (CCWRP). The Clear Creek Basin is located north of Loop 288, extends west of 11135, and discharges into the Elm Fork of the Trinity River. Within the Wastewater Service Area of the City of Denton, the Clear Creek Basin along with Culp Branch encompasses 28,750 acres. The proposed treatment facility will eventually serve this entire basin within the Service Area of the City of Denton, Texas and may provide wholesale wastewater treatment service to other entities beyond the Service Area of the City of Denton. Time is of the essence in completing the design of the facility. The plant is needed on line, providing treatment service in June 2004. The effort of the Design Professional will include the following: Prepare an engineering report evaluating various treatment alternatives and recommend a cost effective and practical solution. In the evaluation process account for future expansion of the treatment facility in terms of ease of expansion, future regulatory requirements, and cost of construction. • Perform design and produce contract documents suitable for competitive bidding under municipal laws. Page 1 • Provide assistance during bidding of the Project. SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $499,347.00. 2.1.2 Progress payments for Basic Services shall be billed by the Design Professional from time sheets, on a once -monthly basis, in minimum '/2 hour or smaller time increments, at the hourly Billing Rates not to exceed those shown in the Engineering Fee Summary attached. For and in consideration of the professional services to be performed by the Design Professional herein, the Owner agrees to pay, at the listed hourly Billing Rates, a total fee, including reimbursement for direct non -labor expenses and for its sub -consultant expense, an amount not to exceed that listed for each task as shown below, all of which shall not exceed the total as listed under Item 2.1.1. Phase I - Study $91,939 Phase II - Design 30% Plans and Specifications $72,569 80% Plans and Specifications $165,822 100%Plans and Specifications $145,498 Bidding Phase $23,519 2.2. ADDITIONAL SERVICES 2.2.1 For Additional Services authorized in writing by the Owner, the Design Professional shall be paid based on a to -be -agreed -upon Schedule of Charges. Payments for additional services shall be due and payable upon submission by the Design Professional, and shall be in accordance with Item 2.1.2 hereinabove. Statements for Basic Services and any Additional Services shall be submitted to the Owner no more frequently than once monthly. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.10 times the amounts billed to the Design Professional for such additional services. Page 2 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1 times the expenses incurred by the Design Professional, the Design Professional's em- ployees and consultants in the interest of the Project as defined in the General Conditions, but not to exceed the totals as shown in the Engineering Fee Summary, without the prior written approval of the Owner. 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: City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Scope of Work and Engineering Fee Summary. This Agreement is signed by the parties hereto effective as of the date first above written. "OWNER" CITY OF DENTON, TEXAS IN-SWWA1,111 r W' ti • 0� E. ATTEST: JENNIFER WALTERS, CITY SECRETARY By:949 140� APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY La "DESIGN PROFESSIONAL" CAMP DRESSER & MCKEE INC. By: /A�� -WEI (AL) SUN, P.E.,DEE ice President ATTEST: S:\Our Documents\Contacts\02\Camp Dresser McKee -Design PSA W W 2002.doc Page 4 CITY OF DENTON, TEXAS GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal') to which these General Conditions are attached) performed by the 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 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care'). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owners review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The 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 structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the 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 Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.23 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project 2.2A Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 23 DESIGN DEVELOPMENT PHASE 23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2A.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Page 1 of 9 2A.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2A3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2AA The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents requited for the approval of governmental authorities havingjurisdiction over the Project. 25 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 25.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set fort[ in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, 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 that the total construction cost of the Project will not exceed the total construction war set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION 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 the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The 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 the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement 2.63 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6A The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument 2.6.5 . The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on -site visit. On the basis of on -site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 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 when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the 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 Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. Page 2 of 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's obser- vations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed However, neither this authority of the Design Professional 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 and equipment suppliers, then agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification ofperformance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. . 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secum faithful performance by both Owner and 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 of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor misting to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Cam; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of my fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase, based upon information provided by the construction contractor. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL Page 3 of9 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 33 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 32.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. 3.22 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be com- pensated therefor as agreed by the Owner and Design Professional. 33 CONTINGENT ADDITIONAL SERVICES 33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program 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 a result of the Owners failure to render decision in a timely manner. 33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owners schedule, except for services required under Subsection 2.5.2. 333 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 33A Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by. failure of performance of either the Owner or Contractor under the Contract for Construction. 33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work 33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 33.5 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 construction prior to the completion of the Construction Documents Phase. 33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent set or omission of the Design Professional shall be performed by the Design Professional as apart of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. - 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3A.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.43 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4A 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. Page 4 of 9 3.4.6 Providing services to verify the accuracy of drawings or other information famished 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. 3A.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.49 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3A.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance 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 furniture, furnishings and related equipment. 3A.14 Providing services other than as provided in Section 2.6.4, after issuance to the 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 the Project provided as a part of Basic Services. 3A.16 Providing any other services not otherwise included in this Agreement or not customarily famished 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 construction based on marked -up prints, drawings and other data furnished by the Contractor to the Design Professional. 3A.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3A.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owners objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owners other costs and reasonable contingencies related to all of these costs. 43 If requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to fulfill the Owners obligations under this Agreement. 4A The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the 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. Page 5 of 9 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall famish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. - 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials famished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractoes overhead and profit In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 52.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Con- tractors methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equip- ment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design.Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon lamination or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. Page 6 of 9 ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner 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, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the 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 permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7A Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 75 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services 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 termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 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 and customary contributions and benefits related themto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 82 REIMBURSABLE EXPENSES 82.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities havingjurisdiction over the Project. 8.2.1.2 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. 8.2.13 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 82.1.4 Expense of renderings, models and mock-ups requested by the Owner. 82.1.5 Expense of computer -aided design and drafting equipment time when used in connection with the Project 82.1.6 Other expenses that are approved in advance in writing by the Owner. 83 PAYMENTS ON ACCOUNT OF BASIC SERVICES 83.1 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 the Agreement and the schedule of work. 83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services we performed on those portions, in accordance with the Page 7 of 9 schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. SA PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8A.1 Payments on 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. 85 PAYMENTS WITHHELD 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 the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not 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 under 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 least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 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 than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $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 Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall time the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or restricted in limits or scope of coverage, without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The tern Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments Page 8 of 9 referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not 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 than the Proposal 3. These General Provisions 4. The Proposal 11A Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and sub -consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes 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 laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the tern of this Agreement. 11.10 In performing 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, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. &NOur Documents\Contracts\02\Genera1 Conditions PSA - CD&M - 9 pt.doc Page 9 of 9 Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas Background The Clear Creek Water Reclamation Plant (CCWRP) is a new treatment facility that will be used to serve the northern and northeastern parts of the City. The facility will be initially designed to handle an average daily flow (ADF) of about 0.5 to 0.95 MGD with anticipated discharge limits as follows: Carbonaceous Biochemical Oxygen Demand (CBOD): 5 to 10 mg/L Total Suspended Solids (TSS): 10 to 15 mg/L Ammonia Nitrogen (NH3-N): 2 to 3 mg/L Dissolved Oxygen (D.O.): 5 to 6 mg/L pH 6 to 9 mg/L Fecal Coliform 25/75 CFU/100mL The associated maximum monthly, maximum daily and peak hourly flows are 120%, 250% and 400% of the average daily flow, respectively. Description of Possible Improvements The study phase of the project will evaluate various process alternatives and recommend the most economical and practical solutions. A design report will be prepared to outline the recommended improvements. To budget engineering effort for design, construction and post -construction phases, it is anticipated that the following major process components will be engaged: A. Raw Wastewater Pump Station with Screening The new pump station will be designed to handle peak plant flows with provisions to expand for future design conditions. Mechanical Bar Screen (fine or coarse) will be provided to protect pumps from clogging. B. Influent Metering A flow meter will be installed in the force main from this pump station to the grit chambers. C. Grit Removal Grit removal system will be considered to protect equipment downstream. Both aerated and vortex type of grit chambers will be evaluated. Consideration will be given to install the grit removal system before the raw wastewater pump station to further reduce pump maintenance. CM1 M mWWfPSmp WoM1 &udy.DWgn.Ul=.ML Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas D. Anoxic Biological Selector This will be considered to improve the settle -ability of biological solids. The selector will consist of three cells operating in series. One train is considered with additional trains in future. Consider constructing the bioselector as an integral part of the aeration basins if practical. E. Activated Sludge System A number of alternatives will be evaluated to select one that is reliable, flexible, and easily expandable for future needs. These units will be sized such that the same units will be suitable for and can be easily incorporated into future treatment scheme. The secondary clarifiers will be sized to meet the current needs. Provisions will be made to possibly convert these clarifiers to gravity thickeners, if they are no longer suitable serving as secondary clarifiers. Both multiple and single stage air blowers will be compared for efficiency, reliability and maintenance requirement to facilitate an unmanned operation. Consideration will be given to combine Return Activated Sludge (RAS) and Waste Activated Sludge (WAS) into one system No separate pumps are required for WAS system to minimize the number of pumps. F. Disinfection Consider a LTV irradiation system for disinfection. The UV system would normally require less operator attention than a chemical feed system for the same purpose. Due to wide variation in LJV system design, it is prudent to pre -select an LTV manufacturer using an evaluated bid approach. The selection would be based on life cycle cost, which consists of capital cost as well as operation and maintenance cost on present - worth basis. G. Outfall Consider an outfall that is adequately sized for future flow. c:�ftMm WWIflSmMMorksed Dmicn.BMIO.z.M.a Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas H. Non -potable and Potable Water Systems Evaluate the economics of two separate systems versus one potable water system that would satisfy also non -potable water needs. I. Sludge Handling Sludge produced at this facility will be transported to the Pecan Creek WRP for further processing. J. Reuse of Reclaimed Water Consider various applications for reuse of reclaimed water, including irrigation of crops, pasture land, golf courses, etc. If there are sufficient demands, CCWRP may be able to achieve zero discharge. K. SCADA System Evaluate alternatives to monitor and control the operations of the CCWRP from a remote location, i.e., Pecan Creek WRP. L. Power Sources Evaluate electric power supply sources. Redundant power source may be required. Options include a second power supply from a different substation or on -site emergency generator. M. Yard Piping and Miscellaneous Facilities Evaluate piping size for all process units to accommodate current and future design flows. The raw wastewater sewer will be terminated at the property line and be connected to the interceptor sewer that will be constructed under a separate contract to deliver raw wastewater to the treatment plant. The reuse water line will also be terminated at the property line to connect to the extension of the reuse force main to be provided under a separate contract. Consider a security surveillance system that provides monitoring capability of this facility from a remote site. The security system may be incorporated as a part of the plant SCADA system. Scope of Services The project will consist of three project phases and the major tasks under each phase are as follows: Phase I - Evaluation of Alternatives ■ Establish/Confirm Project Goals and Objectives Formulate improvement alternatives and conduct review of these alternatives with the City caoemnnwewwwiv�smneonvon snwr.oasion.eu�o.xz.ozeoc Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas ■ Alternatives evaluation and recommendations ■ Develop recommended plan and conduct review workshop ■ Prepare and finalize Design Report ■ Coordinate with City s Engineering Department and Corps of Engineers (COE) to address flood protection issues, if applicable ■ Coordinate with TCEQ ■ Perform topographic survey and subsurface investigations Phase II - Design ■ Prepare preliminary design and produce 30% complete Plans and Specifications and conduct preliminary design review workshop ■ Prepare 80% complete Plans and Specifications and conduct 80% design review workshop ■ Finalize design documents (100% complete) ■ Coordinate with COE, and TCEQ for approval ■ Refine and finalize construction cost estimate at 100% complete ■ Conduct progress review meetings at 30% and 80% design completion stages ■ Perform in-house QA/QC reviews Phase III - Bidding ■ Provide services during Bidding The scope of services and tasks for construction, resident project representative and post -construction services will be prepared at a later date. A narrative description of major tasks and subtasks is provided in the subsequent paragraphs. Phase I - Evaluation of Alternatives A. Task 1.1- Establish/Confirm Project Goals and Objectives Task Objectives: To ascertain City stakeholders expectations of project success. HEM L.NMOMM WMMPl5c0e Mork_S Y.OeSI00BWIO.U.01.tl Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas Subtasks: 1. Upon receipt of notice -to -proceed, the CDM Team will plan, schedule and convene a project kick-off meeting/workshop. The purpose of the workshop and its planning is to: ■ Establish project stakeholder list ■ Establish communication protocol ■ Discuss QA/QC procedures ■ Establish project critical success factors in the minds of all stakeholders ■ Establish stakeholder expectation as to what the project is about (contracted scope or otherwise) ■ Establish design flows and loading ■ Coordinate hydraulic gradient for incoming sewer to the raw wastewater pump station and reuse force main termination and routing with pipeline consultant to be selected by the City ■ Develop action plans to meet established expectations. 2. Prior to the Workshop, the CDM project management team will confer with the City to plan the agenda of the Workshop and develop the initial list of project stakeholders that should probably attend the Workshop. 3. CDM will prepare minutes of the Workshop and distribute such to all participants. 4. The CDM Team will document the above work in a Technical Memorandum (TM) entitled, Project Goals and Objectives. First draft of this TM will be produced under this task. Task 1.1 - Deliverables ■ Workshop Minutes containing City stakeholder expectations of project success and action plans that will assist the team in meeting these expectations. ■ Technical Memorandum - Project Goals and Objectives (5 copies) ■ Work Plan (5 copies) B. Task 1.2 - Formulate Alternatives and Conduct Review of Viable Alternatives Task Objectives: To develop viable alternatives to provide reliable and dependable treatment. t` C.i0f1A011W0W WWIPSmP�M1V� SYWY.D¢SiBn.BItl1012M.tlOc Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas Subtasks. 1. The CDM Team will perform the necessary engineering calculations and investigations to identify and develop viable alternatives using information from project goals and objectives established under Task 1.1. The initial feasible alternatives will be developed for the following at a minimum: ■ Site development ■ Screening ■ Raw wastewater pumping ■ Grit removal system ■ Biological treatment systems ■ Aeration blowers ■ Disinfection including, UV irradiation, chlorination/dechlorination, etc. ■ Effluent piping/outfall ■ Potable and non -potable water systems ■ Evaluation of SCADA systems ■ Power sources ■ Yard piping, reuse piping, security system, etc. Other issues may be added during the course of the Improvement Project as they develop. 2. The project team will conduct with City staff, a workshop to review the initial improvement alternatives and to perform screening of these alternatives. It is intended to provide the forum in which all stakeholders can participate and comment on alternative development. It will focus on consensus building among the attendees on the critical elements such as process selection, equipment reliability, system flexibility, operations and maintenance concerns, cost impact, etc. Through creative thinking and evaluation process, a list of the most viable alternatives will be developed for further development. 3. Upon completion of the above subtasks, the project team will document the work of this task as a TM entitled, Feasible Alternative Identification and Screening. First draft of this TM will be produced under this task. cm CMMnWm N^MVSmMMloA &Lxty.0 ign.BUIO.n.02. o Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas Task 1.2 - Deliverables ■ Workshop minutes containing comments from project stakeholders and advisors Technical Memorandum - Feasible Alternative Identification and Screening (5 copies) C. Task 1.3 Alternatives Evaluation and Recommendations Task Objectives: To determine "best' value alternative for the City based on established goals and objectives and performance criteria. Subtasks: 1. The improvement alternatives developed under Task 1.2 will be further refined. Refinement efforts will take into account: ■ Reliability and flexibility enhancements ■ Ease of operations and maintenance ■ Cost to benefit ratio ■ Project goal and objective compliance ■ Project Teams confidence level that a particular improvement is capable of unmanned operation, buildable, operable, implementable and expandable within the constraints for which the project is subject. ■ Ability to be upgraded to meet anticipated future regulatory requirements 2. A decision matrix will be produced that addresses the non -economic and economic factors associated with making decisions as to which alternative best fits the City -defined needs. The advantages and disadvantages of each alternative will be discussed and the recommended improvement altemative(s) will be selected based on technical merits and cost considerations. 3. The project team will document the above work as a TM entitled, Alternatives Evaluation and Recommendations. First draft of this TM will be produced under this task. Task 1.3 Deliverable Technical Memorandum - Alternatives Evaluation and Recommendations (5 copies) D. Task 1.4 Develop Recommended Plan and Conduct Review Workshop Task Objectives: To prepare preliminary design documents to show schematic design of the recommended improvements; refine the estimate of probable construction costs; and develop an implementation plan based on the preliminary design. C.Tn mwew�v w5 Mor S".ompn.BMO.U.m.a Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas Subtasks: 1. The project team will prepare preliminary design documents to include: ■ Design criteria ■ Process unit sizing ■ Description of major equipment, electrical loads, control scheme, etc. ■ Process diagrams 2. The project team will prepare a refined budgetary construction cost using the preliminary design documents. The estimate will be based on in-house data, rough material take -off and vendor input. 3. An implementation schedule will also be developed based on the proposed improvements and City s time constraints. 4. The project team will document the above work in a TM entitled, Recommended Plan. First draft of this TM will be produced under this task. 5. The project team will conduct with City staff, a workshop to review the recommended plan and solicit comments to finalize the improvement recommendations. Task 1.4 - Deliverables ■ Revised Budgetary Construction Costs ■ Implementation Schedule ■ Technical Memorandum - Recommended Plan (5 copies) E. Task 1.5 - Prepare and Finalize Design Report Task Objective: To document the above Work and to obtain the consensus of project team members as to the project's overall direction and expected outcome. Subtasks: 1. The project team will compile the Work performed under Tasks 1.1,1.2,1.3, and 1.4 into a Preliminary Design Report. Ten copies of the Preliminary Design Report will be submitted to the City's project team for review and comment. 2. Simultaneous to the City submission, the project team will distribute copies of the Preliminary Design Report to its technical review team for quality assurance/quality control purposes. = Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas 3. The review comments from both City's project team members and CDM's technical review committee members will be shared and discussed, and appropriate revisions to the report that were agreed to with the City. 4. The project team will submit the Preliminary Design Report to COE and TCEQ for review and comment. The project team will also assist in presenting rationale to these agencies and revising the document as required and agreed to by the City to obtain their consensus of action. 5. The results of all review comments will then be incorporated into a Final Design Report. Ten copies of this Final Design Report will then be submitted to the City's project team for approval. Task 1.5 - Deliverables ■ Preliminary Design Report (10 copies) ■ Design Report review comments in a Comment, Response, and Action format ■ Materials for presentation to governmental agencies ■ Minutes of all meetings with regulatory authorities ■ Documents to address review comments by governmental agencies ■ Final Design Report (10 copies) F. Task 1.6 - Coordinate with Governmental Agencies Task Objectives: To obtain approval from COE and TCEQ regarding the proposed improvement alteriative(s). Subtasks: 1. The project team will submit to COE and TCEQ the final design report for their approval. 2. Coordinate with the City to arrange meetings as necessary with these regulatory agencies. Task 1.6 Deliverables ■ Final Design Report (3 copies) G. Task 1.7 Perform Topographic Survey and Subsurface Investigation Task Objectives: To obtain information and data necessary for design of the improvements. 1. The project team will perform topographic surveys in the areas that will be used for the proposed improvements to provide information required. The areas to be cm CiDM*nWm �wm Mork_SWy.Dftgm 10.n.M2 c F9 Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas used for the proposed improvements will be outlined on the site drawings provided by the City. Clearing of trees and brushes in these areas will be performed by the City prior to topographical surveys. 2. The project team will also perform a boundary surveys to establish City's property lines. 3. The project team will conduct subsurface exploration work to gather information to aid in foundation design for the improvements. Task 1.7 Deliverables ■ Survey Drawings to show property boundaries and topography of the areas for improvements (1 set) ■ Geotechnica . Investigation Reports (2 copies) Phase II - Design The design phase will develop the conceptual design into bidding documents suitable for public sector, competitive, low bid general construction delivery. This development will occur in three steps, 30%, 80% and 100% complete documents to assure forward design progress, timely incorporation of value-added comments, and update of probable construction cost during the design of proposed improvements. A. Task 2.1- Prepare 30% Complete Plans and Specifications: Task Objective: To develop conceptual design into preliminary design documents to set the framework for further development into bidding documents. Subtasks: 1. Efforts will be concentrated during this step, on establishing general requirements and developing preliminary and final layout for process, mechanical, civil and site work. In reaching this milestone, the project team will: ■ Mock-up and submit for approval samples of proposed drawing formats ■ Identify all permits and licenses required to execute the work of the completed contract documents and begin the pursuit of obtaining such permits and licenses ■ Determine remaining design criteria necessary to complete the detailed design effort ■ All design plans will be prepared on AutoCAD 2000 2. The project team will prepare 30% complete plans as a part of this task which will generally include: 10 Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas ■ Cover/title sheet with location plan ■ Civil/Site legend and abbreviation sheets ■ Site plan sheets ■ General details of civil/site construction sheets ■ Process/mechanical legend and abbreviation sheets ■ Hydraulic profile sheet ■ Process & instrumentation diagram sheets ■ Process/ mechanical plan sheets ■ Process/mechanical sectional sheets ■ General details of process/mechanical construction 3. The project team will prepare 30% complete specifications as apart of this task which will generally include: Draft general terms and conditions of contract. Coordinate with City Purchasing Department to incorporate legal/purchasing requirements. ■ Draft general requirements of contract (Division 1) ■ Draft applicable specification sections in Divisions 9,11 and 15 4. Upon completing the above subtasks, the project team will plan, schedule, and convene a workshop to review and discuss the 30% complete design effort. Design review packages will be distributed approximately one week ahead of the scheduled workshop to the City. Concerns and issues raised by all reviewing parties will be discussed and resolved during the workshop and the minutes of the workshop will be documented in "comment," "response," and "action' format. Appropriate comments and concerns will be incorporated into design efforts leading to the 80% complete design milestone. Task 2.1 Deliverables ■ 30% Complete Design Review Package (5 copies) ■ Workshop Minutes ■ Permit needs list EL--L 11 C:Od nWe Wwly mMMnrc SM1pv. gn.aalo.U.M.aoc Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas B. Task 2.2 Prepare 80% Complete Plans and Specifications Task Objective: To develop the previously prepared 30% complete design effort into 80% complete design milestone. To assure forward design progress and timely incorporation of value-added comments during the design development phase of the project. Subtasks: 1. Incorporate the recommended modifications that have been approved by City staff to produce a final draft of front-end documents. 2. Modify the design as appropriate to reflect the changes resulting from agreed review comments of 30% complete documents. 3. Expand the previously prepared 30% complete documents to include: ■ Cover/title sheet with location plan ■ Revised plan index sheet ■ Civil/Site legend and abbreviation sheets ■ Revised site plan sheets ■ Revised yard piping plan sheets ■ General details of civil/site construction sheets ■ Structural legend and abbreviation sheets ■ All structural plan sheets for major process units ■ All structural sectional sheets for major process units ■ General details of structural construction sheets ■ Architectural treatment sheets (if required) ■ Process/mechanical legend and abbreviation sheets ■ Hydraulic profile sheet ■ Process diagram sheets ■ All process/mechanical plan sheets ■ All process/mechanical sectional sheets ■ General details of process/mechanical construction 12 C:MeM NevWWIRScopP fVIOM SYdYDeslpn.BN10.YS.03goc Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas ■ Electrical/instrumentation legend and abbreviation sheets ■ Electrical one -line diagram sheets ■ Control schematics ■ Instrumentation control system architecture sheets ■ Electrical plan sheets ■ Electrical sectional sheets ■ General details of electrical/instrumentation construction sheets ■ Control loop diagrams 3. The project team will also prepare additional specifications as a part of this task, which will generally include: ■ Revised table of contents ■ Revised general terms and conditions of contract with City input ■ Final draft general requirements of contract (Division 1) ■ Final specifications of critical components such as concrete mix, major equipment, painting/coating, piping, etc. in Divisions 3, 9,11,13,14, 15 and 16 technical specifications ■ Final draft of all other specification sections in Division 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 technical specifications 4. A workshop will be convened upon completing the above subtasks. The 80% design review package will be distributed to the City and to designated project quality assurance/quality control individuals approximately one week ahead of the scheduled workshop. An overview of design progress to date will be prepared at the workshop by discipline and concerns and issues will be solicited from both City and CDM reviewers. Minutes of the workshop will be taken in "Comment," 'Response," and "Action' format. Task 2.2 Deliverables ■ 80% Complete Design Documents (Plans & Specifications) (5 copies) along with City's markups on the 30% complete documents. ■ Workshop Minutes •17 13 C?ne "m �mWMoA_Sntl ign.Wl=.W.-0 Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas C. Task 2.3 — Prepare 100% Complete Plans and Specifications Task Objective: To develop the previously prepared 80% complete design effort into 100% construction plans and specifications for bidding purpose. To assure forward design progress and timely incorporation of value-added comments during the design development phase of the project. Subtasks: 1. Prepare 100% Complete Plans. Produce a draft final design plans that 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. Additionally, comments received, as a result of previous Document Review Workshop will be incorporated into the plan sheets as appropriate. 2. Prepare 100% Specifications. Final draft design specifications and general terms and conditions of contract will also be produced under this task. Perform Inter- and Cross -Discipline checking of both plans and specifications will take place under this task. The purpose is to capture omissions in and conflicts between various design disciplines. Additionally, perform constructability, operability and maintainability review. 4. Incorporate changes resulting from review of 80% complete documents and intra- and cross -discipline checking. 5. Finalize design specifications and general terms and conditions of contract. Remaining work to be completed includes: ■ Tailoring Division 2, 3, 4, 5, 6, 7, 8,10,12,13,14 and 16 technical specifications Tailoring the general terms and conditions of contract for the specific requirements of the project. 6. Perform cost estimate refinement based on the 100% complete documents. Abrupt deviations from previous estimates will be rationalized and discussed for validity. With City's approval, the project team will schedule and convene a meeting with the TCEQ as well as COE to overview the planned improvements and solicit comments as to concerns and issues using the 100% design documents. 8. The TCEQ comments and the revision actions agreed to during the workshop will be incorporated into the 100% complete plans and specifications to finalize documents. The final documents will be delivered to the City, COE and TCEQ for approval. •0 14 G:NeMOMM VAVIFlSmp Mork9*.DesgnBWIOM.02.dm Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas 9. Adjustments to the cost estimate will be made based on the revisions incorporated and the final cost estimate will be transmitted to the City prior to project advertisement. 10. Our technical review committee will perform quality control and assurance review following the established QA/QC procedures. This review will include constructability, operability and maintainability of the designed improvements. Their comments will be shared with City staff for additional input at the document review workshop and be incorporated into the design documents as appropriate. 11. Prepare reproducible plans and final specification for production of bid documents. Task 2.3 Deliverables ■ 100% complete design documents along with City's 80% review set with markups (5 copies) ■ TCEQ and COE Review Comments ■ 100% complete plan in reproducible mylar and CD -Rom (1 set) ■ 100% complete specifications in Word format (1 set) D. Task 2.4 Prepare "Request for Proposals" to pre -select or pre -purchase UV Disinfection System: Task Objective: To select the most cost effective UV system for the plant and to tailor the design for the pre -selected UV manufacturer. Subtasks: 1. Prepare a "Request for Proposals" document and assist City's Purchasing Department in soliciting proposals from qualified and reputable UV system manufacturers. 2. Respond to proposers' request for information, answer questions, and issue clarifications. 3. Evaluate proposals to determine the most cost effective system using life cycle costs. The life cycle cost consists of capital expense, and operating and maintenance cost on present worth basis associated with power consumption, lamps, ballasts and quartz sleeves replacement, maintenance labor, chemical, etc. 4. Recommend to the City the most desirable system for implementation. r0 �l 15 CMMOMW WNIPbmPe Mo B udy. a Ign.BWIOM.MAoc Scope of Work Clear Creek Water Reclamation Plant City of Denton, Texas Task 2.4 Deliverables ■ Request for proposals (10 copies) ■ Recommendation for selection of UV system Phase III - Bidding The services during bidding consist of the following tasks: 1. Produce 50 sets of bidding documents of which 10 set would be with full size drawings (22"x34") and 40 sets with half size drawings (11"x17"). Distribute bidding documents and maintain a record of prospective bidders to whom Bidding Documents have been issued. Receive and process fees for bidding documents. 2. Assist the City in advertising for and obtaining bids for construction, materials, equipment and services and conduct pre -bid conference. 3. Respond to all inquiries concerning this bid and issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. Attend bid opening, prepare bid tabulation sheets and assist the City in evaluating bids or proposals, recommend contract award, and assemble contract documents for execution. 5. Consult with and advise the City as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the Contractor for those portions of the work to which such acceptability is required by the Bidding Documents. 6. Consult with the City concerning and determine the acceptability of substitute materials and equipment proposed by Contractor when substitution prior to the award of contract is allowed by the Bidding Documents. 7. Provide five (5) sets of Contract Documents (with full size drawings, 22"x34") for the Contractor's use during construction. 8. Provide two (2) set of full size Documents for the City and one (1) set for the resident project representatives use at project site. 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