2010-191ORDINANCE NO. 2010-191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A "PROFESSIONAL AND PERSONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES FOR THE CITY OF DENTON
WATERSHED PROTECTION PROGRAM," IN AN AMOUNT NOT-TO-EXCEED $227,200
BY AND BETWEEN THE CITY OF DENTON, TEXAS AND CH2M HILL, INC., A
CONSULTING AND ENGINEERING FIRM FOR SERVICES IMPLEMENTING THE
HICKORY CREEK WATERSHED PROTECTION PLAN AND INCREASING THE SCOPE
OF THE PROTECTION PLAN TO INCLUDE THE ENTIRE LAKE LEWISVILLE
WATERSHED; RELATED TO A TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY ("TCEQ") SECTION 319 WATER QUALITY GRANT THAT HAS BEEN
AWARDED TO DENTON PREVIOUSLY; PROVIDING FOR THE EXPENDITURE OF
FUNDS; PROVIDING FOR RETROACTIVE APPROVAL, RATIFICATION AND
CONFIRMATION THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has heretofore applied for grant funding through the
Texas Department of Environmental Quality ("TCEQ") and has also been participating with
Texas A&M University and CH2M HILL, Inc. on two successful Section 104(B)(3) Water
Quality Grants from the United States Environmental Protection Agency ("USEPA"), which
grants were entitled "Incentives for Action Incorporating Trading Options into Watershed
Improvement Plans for Lake Lewisville;" and
WHEREAS, the City of Denton was awarded a $675,485 TCEQ 319 Water Quality
Grant in April 2010; this grant will permit proceeding with the implementation of the Hickory
Creek Watershed Protection Plan as well as to increase the scope of the protection plan to
include the entire Lake Lewisville Watershed; with the Federal share of this grant being 60% and
the City of Denton and its two current partners (the Upper Trinity Regional Water District and
the North Texas Municipal Water District) being responsible for 40% of this grant; and
WHEREAS, the "Professional and Personal Services Agreement for Consulting Services
for the City of Denton Watershed Protection Program" to be adopted herein in the amount not-
to-exceed $227,200 will continue the professional and personal services of CH2M HILL, Inc.
pursuant to this Grant; 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, and that limited City staff cannot
adequately perform the specialized engineering and other 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 the City Council hereby finds and concludes that CH2M
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HILL, Inc. is appropriately qualified under the provisions of the law, to be retained as a
professional consulting and engineering firm for the City of Denton, 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 and personal services; and
that the services are in the best interests of the citizens of the City in protecting their water
resources and are in the public welfare; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 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 Professional and
Personal Services Agreement for Consulting Services for the City of Denton Watershed
Protection Program" (hereafter the "Agreement") in the amount not-to-exceed $227,200, with
the firm of CH2M HILL, Inc. for professional and personal consulting and engineering services
pertaining to the interests of the City, as hereinabove described, in substantially the form of the
Agreement which is attached hereto as Exhibit "A" and incorporated herewith by reference.
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of CH2M HILL, Inc. and the ability of CH2M HILL,
Inc., to perform the professional and personal consulting and engineering and related services
needed by the City for a fair and reasonable price.
SECTION 4: The expenditure of the funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5: This ordinance is approved retroactively, and is ratified and confirmed by
the City Council as of April 30, 2010.
PASSED AND APPROVED this the M day of 2010.
A A. B G , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
4
By: t, A)42
2
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: 4~~A
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL AND PERSONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES FOR THE CITY OF DENTON WATERSHED
PROTECTION PROGRAM
THIS AGREEMENT is made and entered into, confirmed, and ratified effective as of the
30th day of April, 2010, 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 CH2M HILL, Inc. with its corporate offices at
12377 Merit Drive, 10th floor, Dallas Texas 75251, hereinafter called "CONSULTANT," acting
herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services in the State of Texas. The
professional services set out herein are in connection with the following described project:
The Project shall include, without limitation, Consulting Services for Watershed
Protection Program
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER's proposal which the OWNER has utilized to solicit the CONSULTANT's
services; which is attached hereto and is incorporated by reference as if set forth fully
herein.
B. To perform all those services set forth in CONSULTANT's proposal for Implementing
the Hickory Creek Watershed Protection Plan and Adapting the Plan for Use in Other
Areas of the Lake Lewisville Watershed, which proposal is attached hereto as Exhibit
"A" and is incorporated by reference as if set forth fully herein.
File 4560-Wastershed Improvements
C. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described as
follows:
A. During the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting with the Texas Natural
Resource Conservation Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-
needed basis in preparing compliance schedules, progress reports, and providing general
technical support for the OWNER's compliance efforts.
B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
C. Sampling, testing, or analysis beyond that specifically included in Basic Services.
D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or
files for the OWNER's use in a future CAD system.
E. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
F. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction
of the Project, including the preparation of engineering data and reports for assistance to
the OWNER..
G. Providing geotechnical investigations for the site, including soil borings, related analyses,
and recommendations.
ARTICLE III
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonably be required for the completion of the
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Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof.
Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee.
ARTICLE IV
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to the project if
approved in advance by the OWNER.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit "B" which is attached hereto and is
incorporated by reference as if set forth fully in this Agreement, a total fee, including
reimbursement for direct non-labor expenses not to exceed $227,200.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Services," without obtaining prior written authorization from
the OWNER.
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C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit "B." Payments for additional services shall
be due and payable upon submission by the CONSULTANT, and shall be in accordance
with subsection B hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT: If the OWNER fails to make undisputed payments due the CONSULTANT
for services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of
the Texas Government Code shall be paid on the amounts due the CONSULTANT. In
addition, the CONSULTANT may, if it has not received payment by the thirty-first (31S)
day after receipt of payment, after giving ten (10) days' written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay prompt payment act interest if the OWNER has a bona fide
dispute with the CONSULTANT concerning the payment or if the OWNER reasonably
determines that the work is unsatisfactory, in accordance with this Article IV,
"Compensation."
ARTICLE V
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER's use of these 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 this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
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ARTICLE VIII
INDEMNITY AGREEMENT
The CONSULTANT 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, to the proportionate extent resulting from the negligent acts
or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the
execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this 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 this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed 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:
A. Commercial General Liability Insurance with bodily injury limits of $500,000 for each
occurrence and $500,000 in the aggregate, and with property damage limits of $100,000
for each occurrence and $100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of $500,000 combined single
limits.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of $100,000 for each accident.
D. Professional Liability Insurance with limits of $1,000,000 per Claim and in the
aggregate.
E. The CONSULTANT shall furnish insurance certificates at the OWNER's request to
evidence such coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies (except Workers Compensation/EL and
Professional Liability), and shall contain a provision that such insurance shall not be
canceled or coverage or limits reduced without thirty (30) days' prior written notice to
OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same
coverage.
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ARTICLE X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation. No mediation arising out of or relating to this Agreement may proceed
without the agreement of both parties to submit the dispute to mediation. The location for the
mediation shall be the City of Denton, Denton County, Texas unless a different location is
agreed to by the parties.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article IV "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants 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 CONSULTANT, its
employees, subcontractors, agents, and consultants. CONSULTANT retains design
responsibility and liability at all times during this Agreement and after completion of this
Agreement.
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ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT:
CH2MHill
Michael V. Bastian
Vice President
12377 Merit Drive l Oth Floor
Dallas, TX 75251
To OWNER:
City of Denton
David H. Hunter
Watershed Protection Manager
901 A Texas St
Denton, Texas 76209
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement, consisting of twenty (20) pages and two (2) exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and agreements
which may have been made in connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this 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
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this 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.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT 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.
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ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees
and/or its Sub-consultants shall be required to submit to background checks.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT shall not assign any of its scope of work under in this Agreement,
and shall not transfer any of its scope of work under this Agreement (whether by assignment,
novation, or otherwise) without the prior written consent of the OWNER. Should the
CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is
required to provide written notice of the same to OWNER. Any assignment of monies due under
this Agreement shall not change any of the terms or conditions of this Agreement to include but
not limited to the terms and conditions for payment under this Agreement.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
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ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit "A" - Scope of Work
Exhibit "B" - Compensation
City of Denton Insurance Requirements for Consultants/Contractors
Conflict of Interest Questionnaire
B. CONSULTANT agrees that OWNER shall, until the expiration of five (5) years after the
final payment or after final completion of all work required under this Agreement,
whichever is longer, have access to and the right to examine any directly pertinent books,
documents, papers, correspondence, to include e-mails, and records of the
CONSULTANT involving transactions relating to this Agreement. CONSULTANT is
required to maintain and make available all electronic records associated with this
Agreement for purposes of examination. CONSULTANT agrees that OWNER shall
have access during normal working hours to all necessary CONSULTANT facilities and
shall be provided adequate and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits. This paragraph shall work in conjunction with the Audit
provision set forth in Article XXII.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Heather G. Harris, P.E. However, nothing herein shall limit
CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein. CONSULTANT understands that OWNER is to be
informed of the removal or loss of any of the key persons. working under this Agreement.
CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it
intends to replace the key person. OWNER shall have a right to reject any replacement
key person(s) and CONSULTANT agrees to name a replacement key person(s)
acceptable to the OWNER.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, 'and make all
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provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
G. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
ARTICLE XXII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONSULTANT shall retain such books,
records, documents and other evidence pertaining to this Agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1 % or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONSULTANT which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
Page 10
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by and through its duly authorized City Manager; and CONSULTANT has ecuted
this A eement y and through its duly authorized undersigned officer on this the day
of '11 /)jj , 2010.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Cor tion
By: tl~
GEOR E C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: `
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"CONSULTANT"
CH2M HILL, Inc., a Florida Corporation
By:
LO~t /rc~7~3 ~i1a~P~
File 4560-Wastershed Improvements
CITY OF DENTON
INSURANCE REQUIREMENTS FOR
CONSULTANTS/CONTRACTORS
The Offeror's/Bidder's attention is directed to the insurance requirements below. It is highly
recommended that offerors/bidders confer with their respective insurance carriers or brokers
to determine in advance of its proposal or bid submission the availability of insurance
certificates and endorsements as prescribed and provided herein. If an offeror/apparent low
bidder fails to comply strictly with the insurance requirements, that offeror/bidder may be
disqualified from award of the contract. Upon award, all insurance requirements shall
become contractual obligations, which the successful offeror/bidder shall have a duty to
maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Consultant/Contractor, the
Consultant/Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notification of award, Consultant/Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the proposal/bid
number and title of the project. Consultant/Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any time;
however, Consultants/Contractors are strongly advised to make such requests prior to
proposal/bid opening, since the insurance requirements may not be modified or waived after
proposal/bid opening unless a written exception has been submitted with the proposal/bid.
Consultant/Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A-.
• Any deductibles or self-insured retentions shall be declared on the certificate of
insurance.
• Liability policies shall be endorsed to provide the following:
• Commercial General Liability and Auto Liability policies shall name as
additional insured the City of Denton, its Officials, Agents, Employees and
volunteers.
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• Commercial General Liability and Auto Liability policies shall be primary to
any other insurance available to the additional insured with respect to claims
covered under the policy and that this insurance applies separately to each
insured against whom claim is made or suit is brought. The inclusion of more
than one insured shall not operate to increase the insurer's limit of liability.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or a reduction in coverage or limits
be made before the expiration date.
• Should any of the required insurance be provided under a claims-made form,
Consultant/Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of two years beyond
the contract expiration, such that occurrences arising during the contract term
which give rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Consultant/Contractor shall either double the occurrence limits or obtain
Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
Page 13
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of $500,000 per occurrence
and in the aggregate shall be provided and maintained by the Contractor. The policy
shall be written on an occurrence basis either in a single policy or in a combination
of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
File 4560-Wastershed Improvements
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[X] Professional Liability Insurance
Professional liability insurance with limits $1,000,000 per claim and in the aggregate
with respect to negligent acts, errors or omissions in connection with professional
services is required under this Agreement.
Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
Page 15
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
Page 16
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
Page 17
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project,
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
Page 18
7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
Page 19
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed 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.
Name of person who has a business relationship with local governmental entity.
Nancy Belding
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
None
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 CIQ 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?
0 Yes ~ No
B. 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?
0 Yes ~ 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?
0
06N
o
Yes
D. Describe each affiliation or business relationship.
4
2,f Z012 1.2 o io
.Z&'0W'0
Signature o erson doing business th the governmental entity Date
Adopted 06/29/2007
File 4560-Wastershed Improvements
Exhibit A
CH2M HILL Scope of Work
implementing the Hickory Creek Watershed Protection Plan and Adapting the Plan for
Use in Other Areas of the Lewisville Lake Watershed
For the City of Denton, Texas
PROJECT UNDERS'T'ANDING
This document describes the services that C112M HILL will provide to the City of Denton as a
subcontractor for a Texas Commission on Environmental Quality Section 319 Nonpoint Source
Grant, To facilitate project management and coordination with other team members, including
the City of Denton (Denton), Texas A&M University (TAMU), and other project partners,
CH2M HILL's Scope of Work (SOW) is embedded within the Master SOW for the 319 grant
included in the contract between the Texas Commission on Environmental Quality (TCEQ) and
Denton. That contract is dated March 19, 2010.
The tabular format of the Master SOW is retained to facilitate Denton's ability to manage the
overall project, Task Objectives, Subtask descriptions, and Start/Cornpletion Dates from the
Master SOW are identified by italics. This information is provided for reference only.
CH2M HILL's responsibilities are limited to those expressly identified and described under the
headings: CH2M I4ILL RESPONSIBILITES/ACTIONS; CH2M HILT. ASSUMPTIONS; and
CH2M HILL DELIVERABLES. General start and completion dates are identified for each
subtask and are consolidated in Exhibit I which is attached to the scope of work. A project
schedule will be developed for Task 1.1 The overall goals of this project are as follow:
Utilize the Hickory Creek Watershed Protection Plan (WPP) to achieve cost effective
load reductions and transfer planning elements to other areas in the Lake Lewisville
watershed through
developing an information and communication process to enhance partnerships with
stakeholders, foster public understanding of the project goals, and encourage
participation,
• implementing targeted best management practices (BMPs) that are optimized to
produce the greatest amount of load reduction for the least cost within the Hickory
Creek watershed,
researching local code requirements and making recommendations for code
modifications to further enhance nonpoint source pollution reduction, and
transferring methods used to develop the Hickory Creek WPP to other areas in the
Lake Lewisville watershed to develop cost effective means of controlling nonpoint
source pollution.
The general responsibilities of CH2M HILL for this grant are as follow:
CH2M HILL will perform many of the project management activities in support of the
City of Denton, provide support for stakeholder/Project Partner/public involvement
activities, perform design of the BMPs, assist in implementing the construction of the
BMPs, perform economic and regulatory evaluations, assist the City of Denton in
reporting to the Commission, and produce Technical Memoranda and a Final Report.
Ck12M Scope_Cityofl)enton 319-D9 Final.doe Page I of 15
TASK 1:
PROJECT ADMINISTRATION
Objective:
To effectively coordinate and monitor all technical andfinancial activities performed under this contract,
prepare regular progress reports, and manage project files and data,
11 %ISTER
4 Minutes of Post-Award Orientation Meeting
Deliverables
* QP~
• Reimbursement Forms
+ Minutes of Quarterly Contract Conference Calls
Contractor Evaluations
Project Fact Sheets
• Annual Report Articles
MASTER
Project Oversight - The City of Denton and other project team members (Project Team) will provide
Srbtaskl,.1:
technical and fiscal oversight ofDenton's project staff, other grant partners, and contracted resources to
ensure Tasks and Deliverables are acceptable, and are completed as scheduled and within budget.
Project oversight status will be provided to the TCEQ with the Quarterly Progress Reports (APRs). This
task will ineltede an internal project planning session to charter roles and responsibilities and to confirm
and refine project milestones,
Stag Date;
Month 1
Completion Date:
Month 36
CH2M 11Hf .
CH2M HILL RESPONSIBILITIES/ACTIONS:
Subtask 1,1:
CH2M HILL will organize and facilitate one internal project planning session at the outset
of the project to charter the project team.
CH2M HILL ASSUMPTIONS:
• CH2M HILL'-, responsibilities relative to activities mentioned in Master Task 1.1 are
addressed under other subtasks (e.g., QPRs). CH2M HILL's oversight of its tasks and
deliverables are addressed witbin those tasks.
CH2M HILL DELIVERABLES:
• Organize and deliver the chattering session
Chartering agenda, materials, and notes
MASTER
OPRs The Project Team will submit QPRs to the TCEQ by the I5" of the month following each state
Subtask 1.2:
fiscal q rarter° for incorporation into rite Grant Reporting and Tracking System (GRTS). Progress reports
will contain a level of detail sufficient to document the activities that accursed under each task during the
quarter, and will detail the status of task deliverables. Progress reports yi ll be distributed to all project
partners.
Start Date:
Month I
ContpletionDctre:
Month 36
CIH2M HILL
CH2M HILT, RFSPONSIBILITIES/ACTIONS:
Subtask 1,2
CH2M HILL will prepare the draft QPRs for the City of Denton; solicit and process input as
needed from other team members including Denton; finalize the QPRs and transmit them
to Denton's Project Manager.
CH2M HILL ASSUMPTIONS:
Other team members will provide accurate input in a timely rnanrier, sufficient to meet the
quarterly deadlines.
CH2M HILL DELIVERABLES.
Draft and final QPRs,
MASTER
Reimbursement Forms - The Project Tearn will submit Reimbursement Forms to the TCEQ by the last
Subtask 13:
day of the rrnonth following each .state_jiscal quarter. For the last reportingperiod of the project,
rehrcbursement forms are required on a monthly basis, for the months of June, July, and August.
Start Date:
Month 1
Completion Date;
Month 36
CH2M_Scope_CityotDenton_319-09_F'inal-doe Page 2 of 15
F 611M WLr
CH2M HILL RESPONSIBILITIES/ACTIONS:
tiubt.isk 1.3: ,
. CH2M HILL will submit monthly invoices to the City of Denton.
CH2M HILL ASSUMPTIONS:
• Denton will provide or approve an invoicing template-
CH2M HILL DELIVERABLES:
Monthly invoices-
MASTER
Contract Communication - The Project Team will participate in a post-award orientation meeting with
Stibtask 1.4:
TCEQ within 60 days of contract execution. The Project Team- will maintain regular telephone andlor
email communication with the TCEQ Project Manager regarding the status and progress of the project
with regard to any matters that require attention between QPRs. This will include a quarterly call or
meeting (e.g., each January, April, July, and October, or as may be established consistent with the
project start date). Minutes recording the important items discussed and decisions made during each
call will be attached lay the relevant QPR. Matters that will be communicated to the TCEQ Project
Manager in the interim between QPRs include the following:
• Requests for prior approval of activities or expenditures for which the contract requires advance
approval or that are not specifically included in the scope of work
• Notification in advance when GRANTEE has scheduled public meetings or events, initiation of
construction, or other major task activities under this contract
• Information regarding events or circumstances that may require changes to the budget, scope of
work, or.schedule of deliverables such information must be reported within 48 hours of
discovering these events or circumstances
CI12NI ATLL
CH2M DILL RESPONSIBILITIES/ACTIONS:
Subtask 1.4:
. CH2M HILL will participate in the post-award orientation meeting and quarterly calls with
TCEQ as requested. C1=12M HILL will take notes of these meetings and attach them to the
relevant QPR.
CH2M HILL will communicate to Denton important matters, such as those listed in master
subtask 1.4 between QPRs.
CH2M HILL ASSUMPTIONS:
Denton's Project Manager will establish the quarterly call,/meeting schedule with TCEQ,
and coordinate availability as necessary with CH2M HILL staff-
CH2M HILL DELIVERABLES:
• Participation in calls and minutes,
W.1ASTER
Contractor Evaluation - The City of Denton will participate in an annual Contractor Evaluation.
subtask 1.5:
Start Mite: Month 7 Cotat Ielian Date: Month 36
CUM WU
CH2M HILL RESPONSIBILITIES/ACTIONS:
Subtask I .S.-
CH2M HILL has no responsibilities under this task that are not addressed by other
tasks /subtasks.
CH2M HILL ASSUMPTIONS:
• The City of Denton will not require additional information from CH2M HILL to complete
the evaluation beyond the QPRs, interim work products, deliverables, or ordinary verbal
and email co raw-dcation with CH2M HILL.
CH2M HILL DELIVERABLES:
• None.
MASTER
Project Fact Sheet - The Project Team vtill develop a one page fact sheet of the project using the TCEQ
Subtask1:S.
Nonpoint Source Projercts Terttplate. The fact sheet will briefly describe what the project is going to
accomplish and will provide background information on why the project is being conducted, the current
stahas of the project, and who is im)oh ed in the project. The project fact sheet will he ,_rrtbtnitted to the
TCEQ within 60 days after contract initiation. The fact sheet will be updated annually, and submitted
with the fourth QPR..11 dditional updates -will be generated periodically as the project status changes.
The fact sheet will be published on the City of Denton's tivebsite after approval from the TCEQ Project
Manager.
MM_Scope CityofDentona319-09_Final.doe Page 3 of 15
Start Date: <
Month I
Completion Date:
Month 36
C11:2M RML
CH2M HILL RESPONSIBILITIES/ACTIONS:
Subtask 1.6:
CH2M HILL will provide information to Denton for developing fact sheets as deliverables
for Tasks 2, 3, 4, 5 and 6.
CH2M HILL ASSUMPTIONS:
op CH2M HILL will provide the project results as content for the fact sheets and Denton will
write and deliver the fact sheets to TCEQ.
CH2M HILL DELIVERABLES:
Deliverables from Tasks 2, 3, 4, 5 and 6 as content for the fact sheets.
MASTER
Annual ReportArticle - The Project Team will provide an article for the Nonpoint Source Annual
Subtask 1.7:
Repor-tCapon request by the TCEQ. This report is produced annually in accordance with Section 319(h)
of the Clean Water Act (CWA), and is used to report Texas' progress toward meeting the CWA § 319
goals and objectives, and toward implementing its strategies as defined in the Texas Nonpoint Source
Management Program. The article will include a brief summary of the project and describe the activities
of the past fiscal year.
Start Date: Month 7 Completion Date; Month 36
C112M 1-11FL1,
CH2M HILL RESPONSIBILITIES/ACTIONS:
Subtask 1.7:
CH2M HILL will provide information to Denton for writing amiual articles as deliverables
for Tasks 2, 3, 4, 5 and 6.
C112M HILL ASSUMPTIONS:
CH2M HILL will provide the project results to Denton as content for the anrlual articles.
C112M HILL DELIVERABLES:
Deliverables from Tasks 2, 3, 4, 5 and 6 as content for the annual articles.
TASK 2
STAKEHOLDER PARTICIPATION
Objective:
To develop an information and communication process that informs the public. The process will be used
to enhance partnerships with slukehulders, foster a public understanding ofprqfect goals and
objectives, and encourage participation in developing, selecting, designing, implementing and
maintaining appropriate RAIP.s. The process will also help the public achieve a better understanding of
land use activities and their impact on water quality.
A,L&STER
Successful priblic and stakeholder participation as indicated by meeting attendance rosters and feedback
Success
received, and Project Partner participation, as indicated by the amount of collaboratively developed
Measures
information to be distributed to stakeholders and the public andlorpro'ect components.
MASTER
List of identified stakeholders (with appropriate QPR)
Deliverables
Updates to stakeholder listldatabase (as applicable, with QPJ6,)
• Draft and Final Communication Plan
* Public meeting notices, agendas, handouts, meeting materials, attendee lists, etc, A copy will be
provided to the TCHQ project manager for revie-vv and approval prior to publication
• Web site updates
MASTER
Prepare a Communication Plan - The Project Teum will develop a communication plan intended to
Sabtask 2.1.
" 1.3), as `vvell
guide comrn-unication with ilte slakeluukler ,gruap and the Pro./ 4 ect Partners (1e,/{r',ic"<.u-1" Er,p Tasri'
as the public in general. The resadt of this task will be an effective communication plan to inform the
public and stakeholder group regarding the project and to solicit their input. The plan will also include
a ftarnework with which to inform the Project Partners regarding previous and concur-refit efforts
pet formed by the Project Team, as well as to obtain input, expertise, and existing pertinent information
developed by the Project Partners. The communication plan 411 be implemented through a variety of
communication methods, including a series ofpublic meetings, It will include a brief, pre frstpublic
meeting questionnaire to solicit in utlfeedback for meeting agenda development and schedule.
Start Date:
Month 1
Completion Date:
Month 3
CI-12M_Seopc Cityof )enton_319-o9_FiDal.doc Page 4 of 15
tt214T:MI,t,
C112M HILL RESPONSIBII.,MES/ACTIONS:
CH2M HILL will develop a draft Communication Plan for review and comment by Denton
and other project team members. This Plan will be of minimal textual narrative and rely on
tables, matrices, bullets, and other summary formats to organize and convey the basic
information contained therein.
• CI-12M HILL will develop a draft, brief, pre-first public meeting questionnaire (similar to
that developed for' the previous project) and finalize the survey with input from Denton
and other project team members.
C112M HILL ASSUMPTIONS:
. A short, efficient, and actionable communication plan is sufficient.
• The Communication Plan will include a list of identified stakeholders and project partners.
• A survey of no more than five questions is sufficient.
. The questions and stakeholder list should be developed at the chartering session described
under Task 1.1
C112M HILL DELIVERABLES:
Draft and final Communication Plan, including List of Identified Stakeholders (list also
submitted with proximate QPR)
. Draft and final questionnaire
NLA STER
Stakeholder Participation - Stakeholderparticipation will be engaged via meetings or workshops held at
Subtask 2.2:
a frequency defined by the stakeholders and the Project Team. The meetings will be open to the public;
invited stakeholders will include, but are not limited to: the Project Partners (see also Task 2.3), the
Clean Rivers Steering Committee, Trinity River Authority, North Central Texas Council of Governments,
TOED, Texas State Soil and Water Conservation Board, local stakeholders, and other state and local
authorities. The meetingshvorkshops will provide an opportunity to transmit study goals, activities, and
results to the .stakeholders in the Planning Area. Final meeting announcements and agendas will he
distributed andlorpublicly posted at least 15 days prior- to the meetings (e.g., written invitations and
announcements, including mail, email, fax, and posts on the project's official website). Meeting
announcements will be provided to the TCEL9 roject rnanagerfor review and approval prior to pasting.
Start Date:
Montle 1
Completion Date: Month 36
CHZA11 U JILL
C112M HILL RESPONSIBILITIES/ACTIONS:
Subtask 2.2:
. CH2M HILL will develop an overall "syllabus" for the meetings consistent with the
Communication Plan to pre-identify topics and objectives aligned with the project needs
and schedule.
. CH2M HILL will help plan and deliver the meetings, including preparing meeting
materials (agenda, handouts); providing facilitation; and recording discussion, key input,
decisions, action items, and next steps.
C112M HILL ASSUMPTIONS:
• There will be between 4 and 6 meetings (some of these may be combined with the project
partner meetings, see Task 2.3).
• The City of Denton will prepare the meeting announcements, provide to TCEQ for review,
and post the announcement on Denton's web site.
CH2M HILL DELIVERABLES:
• Stakeholder meeting "syllabus" (appended to Communication Plan, see Task 2.1)
• Meeting atteztd mce, facilitation, materials, and notes
CH2M_5cope_CityofDentai_319-09 IFinal.doe Page 5 of 15
MASTER
Project Partner Participation - Project Partner participation will be included with the stakeholder
Subtask Z.3:
participation activities described in Task 2.2, but will also include, among other methods, Partner-
specific meetings, workshops, conference calls, and web-based information transfers. Project Partners
include, but care riot limited to, North. Texas Municipal Water District and Upper Trinity Regional Water
District. The meetings/workshops will provide an opportcmity to transfer study goals, general ideas,
Ature plans, existing information, etc. between the project Team and the Project Partners. Additionally,
the Project Partners will be used as senior technical resources during the development of materials to be
distributed and dissemination of information to stakeholders and/or the public (Task 2.2), as well as
BMP implementation and local code modifications.
Start.Date:
Month 1
Completion Date:.
Month 36
CIIZNI HILL:
CH2M HILL RESPONSIBILITIES/ACTIONS:
Subtask 2.3:
, CH2M HILL will develop an overall 'syllabus" for project partner meetings consistent with
the Communication. Plan and with activities in Task 5 to pre-identify topics and objectives
aligned with the project needs and schedule.
• CH2M HILL will help plan and deliver the meetings, including preparing meeting
materials (agenda, handouts); providing facilitation; and recording discussion, key input,
decisions, action items, and next steps.
CH2M HILL ASSUMPTIONS:
There will be between 2 and 3 meetings (one or more of these may be combined with the
stakeholder meetings, see above).
CH21VI HILL DELIVERABLES:
« Project Partner meeting "syllabus" (appended to Communication Plan, see Task 2.1)
• Meeting attendance, facilitation, materials, and notes
MASTER
Public Coordination -Additional activities will be undertaken, consistent with stakeholder- input, to
Subtask 2.4:
disseminate information about the prc ject to the public. Updates will be provided for inclusion on the
City of Denton's web site and the TCEQ web site if applicable. Periodic newspaper articles or other
articles (e.&, newsletters and journals) may be published as well. TI7e Project Tcanr will coordinate with
relevant entities and/or groups to solicit input, participate in public meetings, and provide information
and input on project development.
Start Date:
Month 1
Completion Date:
Month 36
C1I2M IML `
C112M HILL RESPONSIBILITIES/ACTIONS:
Subtask 2.4.
. CH2M HILL will identify potential additional public coordination activities in the
Cnzrmvnication Plan developed under Task 2.1.
CI-12M HILL will help develop materials for this additional coordination.
C112M HILL ASSUMPTIONS:
• Minimal effort will be needed to revise or adapt existing project materials produced under
other tasks to support this coordination.
• The City of Denton will be responsible for making initial postings on its web site, posting
updates, and transmitting to TCEQ any postings for the agency's web site.
CH2M HILL DELIVERABLES:
• Materials predominantly developed under other tasks modified and tailored for this task
MASTED
Program Coordination - The Project Team will coordinate with ongoing outreach programs (e.g., Texas
Subtask 2.5:
Watershed Steward Program and Texas Stream Team) to infonn the public and solicit their input on
BMP development.
Start Date:
:llonth 1
Completion Date:
Month 36
Cll32M &L
CII2M HILL RESPONSIBILITIES/ACTIONS:
Subtask 2.5:
. None
CH2M HILL ASSUMPTIONS:
• None
CI12M HILL DELIVERABLES:
None
CH2M_ScoPe_CityofDcnton_319-04 Pinal.doc Page 6 of 15
TASK 3:
IMPLEMENTING THE HICKORY CREEK WATERSHED PROTECTION PLAN, PART 1
BEST MANAGEMENT PRACTICE DEVELOPMENT
Obj ec hve:
To implement targeted managementpractices that are optimized toproduce the greatest amount of load
reduction for the least cost within the Hickory Creek watershed using the processes and procedures
described in the Hickory Creek WPP.
PVTASTMt
Completion of implementation of four to six BMPs that are optimized to produce the greatest amount of
Success
load reduction for the least cost, demonstrated load reductions through modeling, and construction
1VCeastares '
certification documents. Ongoing state and local monitoring, stream assessment activities, and other
indicators may veri improved water quality in the hickory Creek arm of Lake Lewisville.
I WASTER '
• Prioritized list of B114P type and location presented to stakeholders
Deliverables
. Draft B112P design drawings with attached standard details
• BMP Construction Documents and BMP Construction Certifications
Load Reduction Estimates (included in the Final Report)
Re art surmmarizing activities for° this Objective
AJAS ER'
BMP Implementation Sites - The Project Team twill use the research, evaluation tools, and
Subtask 3.1:
recommendations of the Hickory Creek WPP, as well as input from Project Partners and stakeholders to
develop a list ofBMP implementation sites. This list of sites and alternative BMI'(s) feasible within those
sites will be developed and prioritized using the modeling and optimization approaches outlined in the
Hickory Creek WPP, which is based on optimizing costs versus load reductions. Preference will be given
to sites identif ed far Nonpoint Source controls in the Hickory Creek WPP and with minimal
requirements for acquisition ofproperty, rights-of-way, or easements. Candidate sites, including both
new development areas and retrofits, will be presented to the Stakeholder Group and Project Partners
for consideration and input during one to two public meeting(s) to narrow the candidate list to 4 to 6
final BIWP/intplernentation site combinations depending on the size, ,costs, and specific site conditions of
each proposed BMP. The BNfPs will consist of a combination of graded grass waterways filter strips,
detention/retention, and infiltration basins for urban land. The BM-Ps will be located within the Denton
City limits or extraterritorial jurisdiction. The BMPs will be targeted to areas with the highestpollutant
loads.
The yearly pollutant load [reduction] estimates from. BMP implementation are as follows:
+ Sediment =120 tons
Nitrogen= 54 pounds
• Phosphorous = 173 pounds
Start Date:
Month 1
Completion Date;
Month 4
CH2N1_Scope_CityofDenton 319-Q9_Final.doe Page 7 of 15
012M HILL
C112M HILL RESPONSIBILITIES/ACTIONS:
6uht }sk 3.1:
Beginning with the list of candidate sites already submitted to TCEQ, CH2M HILL will
annotate and augment this list as appropriate with information from the BMP optimization
tool developed under the previous project, and produce a draft prioritized listing for
consideration by stakeholders and project partners (see Tasks 2.2 and 2.3). The annotations
will identify the types of BMPs that are potentially applicable to each site.
Based on stakeholder and project partner input, as well as limited evaluations of selected
sites, CH2M HILL will recommend the 4 to 6 BMP/site combinations that should be
submitted to the design please under Task 3.2.
CH2M HILL ASSUMPTIONS:
Sufficient information exists in the BMP site evaluation and optimization tool developed for
the previous 379 project to generally locate priority sites.
The City of Denton will provide additional information necessary to refine the tool's site
attributes (for example, the sites currently defined in the tool can be up to 100 acres and are
not assigned attributes that account for property ownership, access, etc.) or such
information will be readily available from public sources, GIS databases, etc_
Site-specific research and/or additional water quality modeling will not be conducted by
CH2M HILL for this task
It is noted that Texas A&M University may or may not adjust its previous modeling to
support this effort. If so, it is assumed minimal effort will be required to update the BMP
optimization tool with the new loading data.
CH2M HILL DELIVERABLES:
Draft prioritized list of BMP type and location presented to stakeholders and project
partners
• Final prioritized list of 4-6 BMPs for design
Report sw=arizing activities for Task 3.1. Deliverables for Tasks 3.2 and 3.3 will be
appended to or integrated with the description of the process and results of the site
selection (Task 3.4 will be documented under Task 6).
MASTER
BMP Resign - Site survi v and geotechnical data will be collected to a level of detail necessary to
Suibtask 3.2:
support design within professional engineering standards. The construction documents will inake use of
standard state and local design specifications and details, and will consist of design drawings with
attached standard details.
Start Date:
IvIonth 4
Cortpletion Date:
Month 10
CH21VI HILL
C112M HILL RESPONSIBILITIES/ACTIONS:
Subtask 3.2:
, CH2M HILL will design each BMF/site combination using hydrology data and design
standards local to the area.
• Construction documents for each BMP will be prepared and will consist of design drawings
with attached standard details.
CH2M HILL ASSUMPTIONS:
. Construction will be performed by the City of Denton.
Construction documents will make use of standard state and lucal design specifications and
details.
No specific technical specifications will be needed for the construction of the BMPs.
• The construction projects will not be publicly bid.
C112M HILL DELIVERABLES:
• Draft BMP Design Documents
Final BMP Design Documents
CH2M 5cope_CityofDenton_319,09 Final.doe Page 8 of 15
NI ASTER
BMP Coy:siruction and Certification - This task includes the construction ofB1VIPs through the City of
S~,t,t~sl
Denton's existing programs, applying state andfederalP' jocurement requirements t needed. BMP
constr'i.iction certifications will be provided to ensure the BMPs were constructed as intended. It should
he noted that the City of Denton will utilize City stafffor construction. These construction activities will
-
full municipal oversight, including ensaa^in safety and minimizing construction impacts.
involve
_z` "
-
~tartDate: Month 12 C oinplet on Ddte Month 21
C112Nt H LL
CH2M HILL RESPONSIBILITIES/ACTIONS:
Subtask 33
. CH2M HILL will provide BMP construction certifications to ensure the BMPs are
constructed as intended in the design drawings (Subtask 3.2).
CH2M HILL ASSUMPTIONS:
+ The City of Denton will utilize City staff for construction.
Construction activities will involve full municipal oversight, including ensuring safety and
minimizing construction impacts
CH2M HILL DELIVERABLES:
• Construction Certifications
MASTER`
Load Reduction Verification -Load reductions and/or vvater quality benefits resulting from the
Subtask 3.d:
implemented BMPs will be estimated using simple spreadsheet models (site specific), the previously
developed SWAT1QUAL-TX model, or a similar defensible modeling approach. This information will be
provided in the Final Report Task 6).
Starl:Date:
Month 18
Cootfdelion Date:
Month 33
CH2M RILL
CH2M HILL RESPONSIBILITIES/ACTIONS:
Subtask 3A:
, CH2M HILL will estimate load reductions and/or water quality benefits resulting from the
implemented BMPs using a simple spreadsheet model (site specific).
C112M HILL ASSUMPTIONS:
Should it be desired, employing the previously developed SWAT/QT_7AL-TX model, or a
similar defensible modeling approach would be performed by Texas A&M University.
CH2M HILL DELIVERABLES:
+ if CH2M HILL performs verification, this information will be written by CH2M HILL for
inclusion in the final report.
TASK 4:
IMPLEMENTING THE HICKORY CREEK WATERSHED PROTECTION PLAN, PART 2
LOCAL CODE MODIFICATIONS
Objective:
To research and make recommendations for local code requirements to fiGrther enhance nonpoint source
pollution reduction, to include potential additions to local codes so that these codes more adequately
address nonpoint source pollution _from urban development..
MASTER
Completion of local code modification that may be adopted to reduce nonpoint source pollution.
Success
4~ieasures
17ASTFR
r Technical Report outlining local code language recommendations
Deliverables
MASTER
Research and Recontinendations for Code Language - The Project Team will use the regulcatoty
Subt:ask 4.1:
assessment performed for the Hickory Creek WPP and resulting recommendations contained in the WPP
as a basis to develop proposed language, for Denton's municipal code. The Project Team will seek
additional input-from the Project Partners and the Hickory Creek Stakeholder Group to further develop
and refine the concepts anal develop implementation language. The intent of the proposed language ivill
be to evaluate establishing water quality targets and incentive-basecl programs in order to increase the
level of nonpoint source management by public anti private entities and ensure the resulting BMPs are as
cost-effective as possible.
StanDate:
i'vionth 1
Completion Date:
r>lottth 33
CLUMScope CityODenton 319-09_Einal.doc Page 9 of 15
CH2M HILL < C112M HILL RESPONSIBILITIES/ACTIONS:
Suutask a.1 . CI-12M HILL will use Chapter 8 of the Hickory Creek WPP, and technical memoranda that
provided the basis for this chapter, as well as selected sections of Chapter 10 as a starting
point for this task.
A framework for additional/revised code language will first be developed in consultation
with the City of Denton.. This framework will then be shared with Project Partners and
stakeholders, through the activities under Task 2, to solicit their input.
Based on additional input from Denton, the framework will be finalized in a form for
practical consideration by the City.
C112M HILL ASSUMPTIONS:
Denton's project manager will identify other City staff that should be included in this task
and will facilitate conference calls and meetings as needed to develop and vett the
recommendations.
CH2M HILL DELIVERABLES:
Draft and final report outlining local code language recommendations as related to market-
based incentives for sediment and nutrient control in the Hickory Creels watershed
TASK 5:'
TECHNOLOGY TRANSFER FROM HICKORY CREEK WATERSHED TO LEWISVILLE
LAKE WATERSHED
Objective:
To leverage the analysis and recommendations of the Hickory Creek WPP into a larger geographic area
of the Lake Lewisville watershed for the purpose of evaluating and developing implementation
fraine-works for~ opthnizing BMI selection and installation and introducing incentive-based mechanisms
to support pollutant reduction targets in selected suh-tivatersheds for the benefit of the entire watershed.
The result will be an identification of the ways in which the cost-effectiveness of meeting overall pollutant
control and reduction goals could be improved with greater reliance on BM-Ps than currently forecasted,
MASTER
Successful development ofpartnerships in the Lake Lewisville Rlatershed that facilitate the transfer of
Success
technology and methodology used to develop the Hickory Creek WTP resulting in cost effective broader
Measures
scale BNIP implementation and fiazire improved writer giiality in Lake Lewi.vville.
MASTER
. Technical Report documenting the methods, analysis, results, and recommendations produced by the
Deliverables
activities described under Tasks 5.1-5.5. Technical reports for one or more of the individual task
results may be combined as seerns appropriate to the content and audience.
MASTER.
Data Gathering and Analysis - Concurrent with the Hickory Creek focused efforts, the Project Team
Subtasic 5.1:
and Project Partners (N.TMGVD and UTRTYD) will gather and evaluate pertinent infonnation from the
research conducted by the Project Partners and will integrate this information with the infonnation
available through the Hickory Creek WPP and related efforts. The Project Team will evah.iate these
JYlairces Of irforni ation itl conjunction 1vith the existing ilnplemenlation strategies outlined in the Hielcory
Creek PYPP to determine the products needed to facilitate an optimized BMP implementation strategy for
areas under the jurisdiction of the Project Paiiners and the City of Denton.
Start Date:
Month 1
Compledon.Date;•
Month 33
CH M_Scope_CityofDenton_319-09_Final.doe Page 10 of 15
c 12NI H&,1
C112M HILL RESPONSIBILITIES/ACTIONS.
ti,~bt:i.tilc S. ►
CH2M HILL will lead the effort to identify the relevant data and documents that should be
collected and evaluated, relying in part on the activities under Task 2 (e.g., Partner
Meetings), augmented by additional meetings and conference calls. This will be a bottom-
up and top-down effort, meaning CH2M HILL will solicit project partners to
submit/ identify data, and will also provide benchmark examples of the types of data and
documents that were used to develop the Hickory Creek WPP.
This will include gathering documents and other information that describe existing
sediment and nutrient control strategies in place and under consideration by project
partners.
C112M HILL ASSUMPTIONS:
» Project partners will provide documents and data in a form that is readily readable,
viewable, and/or manipulateable.by CH2M HILL (i.e., CH2M HILL will not perform
extensive data conversions or scrubbing under this task.)
C112M HILL DELIVERABLES:
Documentation of this task in a stand alone report, or combined with another/ other Task 5
documentation--to be determined in consultation with Denton,
MASTER:
Identification of Technology Transfer Opportunities - Upon review of existing information (Task 5, 1),
Subtask 5.2:.
the Project Team will determine how this information can be used to leverage the analyses, methods, and
results of the Hickury Creek YYTP into u set of transferable irnplerrncntatiotc methodologies. To support
this evaluation, the Project Team will conduct a Strengths, Weaknesses, Opportunities, and Barriers
(SWOB) analysis of the current programs relating to BMP implementation in other areas of the Lake
Lewisville watershed to enhance current approaches for more cost-effective pollutant reductions. 19 key
focus will be on iclenting how leveraging the Hickory Creek YYPP can help capture opportunities and
eliminate or mitigate barriers through implementation tools, market-based incentives programs,
technical su port for BAP o timixation, and similar approaches set Tasks 5.3-5.5).
Start Date:
Month 1
Completion Date:
Month 33
CH2 4 Ftfx,
CH2M HILL RESPONSIBILITIESIACTIONS:
Subtask 5.2:
« CIUM HILL. will perform the analyses and evaluation described in Master Subtask 5.2.
» The preliminary findings will be documented in such a way and format to share with
Project Partners and stakeholders for their review and input, including presentations
during the meetings scheduled under Task 2.
C112M HILL ASSUMPTIONS:
The materials collected under Task 5.1 and related discussions with Project Partners will
provide sufficient information to conduct these evaluations.
C112M HILL DELIVERABLES:
Documentation of this task in a stand alone report, or combined with another/ other Task 5
documentation-to be determined in consultation with Denton.
MASTER
Cost Effectiveness Analyses - The Project Team will update to the extent necessary and possible the
Subtask 5.3:
pollutant reduction, implementation cost, and re5111ting cost-effectiveness €stinzates for the set of BIl1P-
land use combinations evaluated for the Hickory Creek JTTP so that the estimates are applicable to the
larger Lalce Lewisville watershed, A set of "default" pnllutar-it. control options not involving these RUN
will be identified as being planned or under consideration for implementation within the watershed,
including, for example, additional treatment at drinking tiilater facilities and upgrading wastewater
treatment plants. For each such option, a cost-effectiveness "profile" will be prepared that provides an
estimate ofpollutant reduction capabilities (mass-based over appropriate temporal periods),
implementation costs, and resulting cost-effectiveness (on a unit cost as well as total cost basis). the
analysis will then compare the control capabilities of the BMPs to the other options. The result will be
an assessment olrthe ways in kvhich the cost-effectiveness of meeting overall pollutant control and
reduction goals could be improved with greater reliance on BtlklPs than currently forecasted.
Start Date:
Month 1
CompletionDcite: Month 33
CH21M_5cope_CityofDenton_319-09 F nal.doc Page 11 of 15
c r2m~ t IJ''
CH2M HILL RESPONSIBILITIES/ACTIONS:
5ubtask 5,3i
. CH2M HILL will update the cost assumptions and estimates in the existing BMP
optimization tool as discussed in Master Subtask 53.
If sufficient data are available, the loading assumptions in the tool currently specific to
Hickory Creek will be replaced with data applicable to the larger watershed.
CH2M HILL will define "default" control strategies and develop cost estimates for them
based on input and data contributions from Project Partners..
The cost-effectiveness comparison of pollutant control options described under the Master
Subtask will then be performed similar to that performed for the Hickory Creek WPP,
tailored for the data and options provided for this analysis.
CH2M HILL ASSUMPTIONS:
It is assumed the same land use categories and BMPs will be retained as currently exist in
the tool for any update, or that substitutions can be made in such a way as to not involve
significant effort to revise or add categories or BMPs.
CH2M HILL DELIVERABLES:
Documentation of this task in a stand alone report, or combined with another /other Task 5
documentation-to be determined in consultation with Denton.
MASTER
Market Based Pollutant Credit Trading Based on the results of the cost--effectiveness analysis, the
SnfJtask 5.4:
project Teams will conduce a pr°eliminary analysis o the viability of a market for water quality credit
trading (e.g., sediment and/or nutrient credits) in the Lake Lewisville watershed in areas larger than, but
including, Hickory Creek. The opportunity for trading will exist to the extent that more cost-effective
alternatives than the default control scheme (see Task 63) exist, Cruder this task, the Project Team 14411
perform the research needed to create pro forma trading scenarios that illustrate the trades that are
potentially feasible based on technical (i.e., relative supply and demand among potential trading
partners) and economic considerations (i. e., relative cost-effectiveness among control options). Any
discussions or coordination with stakeholders to seek in ut and resent results will be included in Task 2.
StartDzte.
110nth I
Completion Date:
- -
Month 33
CH2M HILL
CH2M HILL RESPONSIBILITIES/ACTION S:
Subtask 5.4
CH2M HILL will perform the work described under Master Subtask 5.4 above in a similar
fashion to that performed for the Hickory Creek WPP, and the two previous water quality
credit trading analyses performed by CH2M HILL involving Lake Lewisville.
C112M HILL ASSUMPTIONS:
A sufficient data, regulatory, cast-effectiveness, and policy basis exists to perform this task,
considering the results and findings of Task 5.2 and 5.3.
CH2M HILL DELIVERABLES:
Documentation of this task in a stand alone report, or combined with another /other Task 5
documentation-to be determined in consultation with Denton.
MASTE, R
Regional Noiipoint Source Management Pi-ogram - Based on the results of Tasks 5.1 through 5.4, the
Subtask 5.5:
Project Team will evaluate the need and opportunity for a mechanisrn(.s•) to help coordinate nonpoint
source management programs, including optimized BMP.s and BJWPS that may be iniplemented to
generate trnchthlel~nll~rtrrRtcredit.c. 7-7ds evaluation ii,-ill likely examine ivavs to coordinate technical and
planning activities, and, based on the results of Tasks 5.3 and 5.4, will include evaluations of the
regulatory and administrative f •ameworks that could s•ttpport pollutant credit trading including; cis
applicable, a regional credit exchange on it watershed scale.
StartDate:
rl1lonth I
Completion Irate:
11onth 36
C1-12M_Scope_CityofDenton_319-09 Final.doc Page 12 of 15
r_.N24r Hilt, CH2M HILL RESPONSIBILITIES/.ACTIONS:
CH2M HILL will perform the work described under Master Subtask 5.5 above in a similar
fashion to that performed for the Hickory Creek WPP, and the two previous water quality
credit trading analyses performed by CH2M HILL involving; Lake Lewisville-
CH2M HILL ASSUMP'T'IONS:
A sufficient data, regulatory, cost-effectiveness, and policy basis exists to perform this task,
considering the results and findings of Task 5.2, 5.3, and 5.4.
CI-12M HILL DELIVFRA►BLES:
• Documentation of this task in a stand alone report, or combined with another/other Task 5
documentation-to be determined in.consultation with Denton.
TASK 6:
FINAL REPORT
Objective:;
To provide the TCEQ and the EPA with a comprehensive report on the activities performed as apart oj'
and successes of the above described project. The City of Denton will also conduct an assessment of the
data for this report. The fina l report will inclucle final versions of all Technical Merrroranda specified
for each task.
MASTER
. Draft Report
Detiverables
, Final Report
MASTER
Draft Report - The final report will summarize and synthesize all project activities, findings, and the
Subtask-6J:
contents of all previous deliverables, referencing and/or attaching them as web links or appendices. This
will be a comprehensive, technical report designed to make the analysis of all activities and deliverables
under this scope of work accessible to a wider audience than the technical deliverables alone. The report
will include standard sections, such as title, tables of contents and exhibits, executive summary,
introduction, summary conclusion, references, and appendices. The main body will be organized into a
chapter structure that best presents the information, and will include descriptions of processes,
methodologies, analyses, results, and observations within the selected structure, The report will be
provided to TCE in electronic format.
Star•t,Dcrte:
Month 29
Completion Date:
Month 30
C112M RRI.
C112M HILL RESPONSIBILITIES/ACTIONS:
Sulbtask 6.1:
+ CH2M HILL will prepare a draft report for this project consistent with Master Subtask 6.1.
CI12M BILL ASSUMPTIONS:
CH2M HILL will develop an annotated outline for the report for approval by Denton ea-td
TCEQ prior to beginning drafting the report. In addition to the Hickory Creek WPP,
CH2M HILL will provide examples of reports similar to that represented by the annotated
outline for this project.
CH2M BILL DELIVERABLES:
Report outline for approval
• Draft project report
MASTER
Final Report - The draft report will be modified to address comments provided by the TCEQ Project
Subtask 6.2:
Manager, resulting in a Final Report, to be provided to TCE in electronic orrrcat.
Start Date:
Month 32
Cornpletion Date:
Month 33
CH2M_Scope-CityofDenton_319-09 Final.doc Page 13 of 15
C42M IDIL CH2M HILL RESPONSIBILITIESIACTIONS: o
Suhtask 6.2 CH2M HILL will receive and process comments on the draft report.
• CH2M HILL will recommend revisions to the City of Denton for consideration and
approval
CH2M HILL will prepare a final report for this project consistent with Master Subtask 6.1
described above.
CR2M HILL ASSUMPTIONS:
• Through the process of prior approval of the report outline, and the expectation (which
should be confirmed and facilitated) that TCEQ, Project Partners, and other stakeholders
that would be in a position to comment on the draft report will have reviewed project
materials and task deliverables as they are provided, CH2M HILL assumes that comments
on the draft report will not rewire additional substantive analyses.
CIUM HILL DELIVERABLES:
Final project report
CH2M_Scope_CityotDentort_319-09-Final.doc Pabae 14 of 15
SCHEDULE
PRELIMINARY ESTIMATE OF DUE DATES FOR DELIVERABLES
Task No,
Deliverable
Due Date
1.1
Project Oversight
Months 1-36
1.2
Quarterly Progress Reports
the 15th of the month
following each state fiscal
quarter
1.3
Quarterly Reimbursement Requests
the end of the month
following each state fiscal
quarter
1.4
Post Award Meeting
Within 60 days of contract
execution
1.4
Quarterly conference call with TCEQ
The second month of each
state fiscal quarter
1.5
Contractor Self-Evaluation
15 days following the end
the state fiscal year
1.6
Initial Project Fact Sheet
Within 60 days of contract
execution
1.6
Project Fact Sheet Update
15 days following the end
the state fiscal year
1.6
Final Project Fact Sheet Update
8131/12
1.7
Annual Report Article - upon request by TCEQ
15 days following the end
the state fiscal year
21
Communication Plan
Month 3
2.2
All Items Provided to Stakeholders, e.g., meeting
agendas, presentations, etc.
Throughout Project
2.4
Web Site Updates, newspaper articles
Throughout Project
3.1
BMP Implementation Sites
Month 4
3.1 -3.3
Objective 4 Technical Memorandum
Month 7
3.3
Draft BMP Design Documents
Month 10
3.3
Final BMP Design Documents
Month 10
3.4
Construction Certifications
Month 21
4.1
Technical Memorandum Presenting Code Language
Recommendations
Month 33
5.1-5.5
Technical Mernorandum(s) Outlining Partnership Activities
Month 33-36
6.1
Draft Final Report
Month 30
6.2
Final Report
Month 33
CH2M_Scope_Cityotlaenlon_319-09_Final.doc Page 15 of 15
Exhibit B
ATTACHMENT B -COMPENSATION
Compensation by OWNER to ENGINEER will be as follows: allowable to the same extent as if such costs had been
A. COST REIMBURSABLE-MULTIPLIER (TIME AND incurred after the approved increase.
EXPENSE) C. DIRECT SALARIES
For services enumerated in ARTICLE 1, ENGINEER's
(Direct Salaries) multiplied by a factor
of 3.1 , plus Direct Expenses,
plus a service charge of 0% percent Direct Expenses and
0% percent of subcontracts and outside services, plus
applicable sales, use, value added, business transfer,
gross receipts, or other similar taxes,
B. BUDGET
A budgetary amount of Two Hundred Twenty-Seven
Thousand Two Hundred Dollars ($227,200.00LISD),
excluding taxes, is hereby established for services in
ARTICLE 1. ENGINEER will make reasonable efforts to
complete the work within the budget and will keep OWNER
informed of progress toward that end so that the budget or
work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the
Indicated budgets, as may be adjusted, nor is OWNER
obligated to pay ENGINEER beyond these limits.
When any budget has been increased, ENGINEER's
excess costs expended prior to such increase will be
Direct Salaries are the amount of wages or salaries paid
ENGINEER's employees for work directly performed on
the PROJECT, exclusive of all payroll-related taxes,
payments, premiums, and benefits.
D. SALARY COSTS
Salary Costs are the amount of wages or salaries paid
ENGINEER's employees for work directly performed on
the PROJECT plus a percentage applied to all such wages
or salaries to cover all payroll-related taxes, payment,
premiums, and benefits.
E. DIRECT EXPENSES
Direct Expenses are those necessary costs and charges
incurred for the PROJECT including, but not limited to: (1)
the direct costs of transportation, meals and lodging,
special OWNER approved PROJECT specific insurance,
letters of credit, bonds, and equipment and supplies; (2)
ENGINEER's current standard rate charges for direct use
of ENGINEER's vehicles, laboratory test and analysis, and
certain field equipment; and (3) ENGINEER's standard
project charges for computing systems, and special health
and safety requirements of OSHA.