2009-187FILE REFERENCE FORM 2009-187
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE S Date Initials
First Amendment — Ordinance No. 2010-202 09/07/10 ) R
Second Amendment — Ordinance No. 2011-085 OS/17/11 ) R
Third Amendment — Ordinance No. 2016-006 Ol/OS/16 ) R
ORDINANCE NO.2009-_
AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECT OR ENGINEER BY AND BETWEEN THE CITY OF DENTON, TEXAS AND
MALCOM PIRNIE, INC. TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF
THE LAKE LEWISVILLE WATER TREATMENT PLANT REHABILITATION AND
PROCESS UPGRADE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Malcom Pirnie, Inc., a professional engineering firm ("Pirnie") is being
selected as the most highly qualified firm on the basis of its demonstrated competence and
qualifications to perform the proposed professional engineering services; and
WHEREAS, the fees under the Agreement are fair and reasonable and are consistent with
and not higher than the recommended practices and fees published by the professional
associations applicable to the Pirnie's profession and such fees do not exceed any maximum
provided by law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The "Professional Services Agreement for Architect or Engineer" entered
into by and between the City of Denton, Texas and the firm of Malcom Pirnie, in an amount not
to exceed $2,600,000 is hereby approved; said Agreement is attached as Exhibit "A" hereto and
is incorporated herewith by reference.
SECTION 2. The City Manager is hereby designated to execute the Agreement.
SECTION 3. The City Manager is hereby authorized to expend funds as provided for by
the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. A
Y
ANI S, CIT T
By:
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the z- day of
2009, by and between the City of Denton, Texas, a Texas municipal corporation,
with is principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201,
hereinafter called "Owner" and Malcolm Pirnie, Inc, with its corporate office at 104 Corporate Park
Drive, White Plains, New York 10602 and an office at 12400 Coit Road, Suite 1200, Dallas, Texas
75251 hereinafter called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
Lake Lewisville Water Treatment Plant Upgrade
See Attachment A - Scope of Services
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $2,600,000.
2.1.2 Progress payments for Basic Services shall be paid monthly according to the project progress
and in the following percentages for of the total compensation for the Basic Services satisfactorily
completed at the end of the following phases of the Project:
Schematic Design Phase 15%
Design and Development Phase 55%
Construction Documents Phase 8%
Bidding Phase 3%
Construction Phase 19%
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principals
$220 per hour
Senior Associates
$210 per hour
Associates
$200 per hour
Senior Project Engineer
$155 per hour
Project Engineer
$130 per hour
Staff Engineer
$100 per hour
Technical Staff
$80 per hour
Clerical Staff
$70 per hour
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of 1.1 times the amounts billed
to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1 times the
expenses incurred by the Design Professional, the Design Professional's employees and consultants in the
interest of the Project as defined in the General Conditions but not to exceed a total of N/A without the
prior written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. Attachment A - Scope of Services.
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
CITY OF DENTON
BY
GEORGE C. CAMPBELL
CITY MANAGER
BY:
Malcolm Pirnie, Inc
BY: V" '
Randall G. McIntire, P.E.
WITNESS:
BY: `
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both patties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without fimitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.23 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.25 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
23 DESIGN DEVELOPMENT PHASE
23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.43 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.51 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.65 The Design Professional shall observe the construction site at least monthly, while construction is in progress, and as reasonably necessary while construction is
not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the
work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit.
On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of
Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The
Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct
any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or
any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights here-
under.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or ornissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and recommend payments for the amounts due the Contractor.
2.6.10 The Design Professional's recommendation for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the
site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that
the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
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of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owners
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owners failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3A.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3A.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3AA Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3A.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.49 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services requited for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3A.16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as apart of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement and when Design Professional receives payment for such documents. The Design
Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other
projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or
for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project
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61 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authori zed in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.33 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
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8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Deleted
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
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11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and 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 Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
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.
1 Name of person who has a business relationship with local governmental entity.
NONE
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.
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
0 N
o
Yes
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?
Yes Q 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?
Q N
o
Yes
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
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I. INTRODUCTION
The City of Denton (OWNER) intends to upgrade its Lake Lewisville Water Treatment Plant (WTP) to comply
with applicable codes and future regulatory standards and to meet customer water quality goals. Malcolm
Pirnie, Inc. (ENGINEER) will perform professional engineering services to conduct preselection of
equipment, design, bid and construction phase services (PROJECT).
II. BID PACKAGES
The scope of work and fee is based on the preparation and bidding of one construction contract.
III. DETAILED TASK DESCRIPTIONS
The ENGINEER will conduct the project in the following phases:
e Design Phase - Preparation of Pre-selection Documents and Construction Plans and Specifications
N Bid Phase - Advertisement and Bidding Services
■ Construction Phase - Office Administration Services During Construction
A. Design Phase - Preparation of Plans and Specifications
ENGINEER will prepare plans and specifications suitable for bidding the PROJECT as detailed in the
following tasks. The elements of the design are as recommended in Chapter 7 of the "Preliminary Design
of Lake Lewisville Water Treatment Plant Upgrade - Technical Design Memorandum" (PER) dated March
2007, including and as modified below:
Raw water pump station upgrades - design one variable frequency drive (VFD) to function with
either one or two of the pumps; evaluate the merits of a magnetic variable speed drive as an
option to the VFD approach. No work is anticipated for the potassium permanganate system.
New raw water ozone facility - design ozone system including liquid oxygen (LOX) storage,
vaporizers (ambient or water bath), ozone generators, nitrogen boost system, cooling water
system, generator building, concrete contactors and ozone destruct units. Prior to detailed
design, conduct an evaluated approach for ozone equipment pre-selection. ENGINEER will assist
OWNER in the selection of ozone system supplier (OSS) through a competitive bid process. The
design will be around the selected manufacturer. The pre-selection process will include site visits
(OWNER and ENGINEER) to an existing operating water treatment plant with ozone by each OSS
to be included in the evaluation. The OWNER and ENGINEER will also visit the
manufacturing/testing facility of each OSS to be evaluated in the pre-selection process. Provide
provisions for acid feed, chlorine / ammonia feed, and citric acid / hydrogen peroxide at the ozone
contactor for bromate formation control and quenching of ozone, if needed in the future.
Rapid mix facility - design a three chambered, concrete basin at the end of the ozone contactors
with mechanical mixers in reactor tubes to mix coagulant and other chemicals into the ozonated
water.
■ Flocculation basin upgrades - design improvements to retrofit the existing flocculation basins with
hydraulic baffles with a mechanical mixer for trimming to achieve 2:1 turndown (per basin) in
performance; provide new handrail and repair and coat degraded concrete.
■ Sedimentation basin upgrades - conduct evaluation then design improvements to retrofit the two
zones of each sedimentation basin with either circular collectors both zones or a horizontal track
driven, vacuum sludge removal system in both; remove old mechanisms and control panels;
design a new floor and sludge removal piping to discharge sludge to the existing sludge piping
system; replace railing and grating and repair degraded concrete. ENGINEER will assist OWNER in
the selection of sludge collectors through a negotiated / sole source selection process. The
design will be around the selected manufacturer.
■ Filters upgrades - design improvements to retrofit all sixteen filters with new air / water
underdrains, air scour piping and blower in a separate building (serves all filters), gravel support
bed (if necessary), granular activated carbon media, FRP troughs, concrete repairs of interior
filter box surfaces with new coating, retrofit effluent piping with filter-to-waste capability, handrail
around the filter box and new filter control panel. ENGINEER will assist OWNER in the selection of
underdrains through a negotiated / sole source selection process. The design will be around the
selected manufacturer. Replacing existing filter control valves and actuators and associated
piping is not anticipated.
■ Backwash system upgrade - design a new 0.4 MG elevated tank and associated supply pumps for
unchloraminated backwashing of filters; modify the existing backwash pump / piping for standby
service; repair the backwash piping and provide capability to feed chlorine to backwash tank
piping for periodic maintenance of tank water quality and periodic disinfection of the filters to
control biological growth as necessary.
■ Chlorine and ammonia system upgrades - conduct an evaluation of costs of liquid systems to
replace existing gaseous systems on a life cycle cost basis. ENGINEER will assist OWNER in the
selection of chlorine equipment (for on-site generation option) through a negotiation / sole
source process. The design will be around the selected manufacturer. The level of effort for
design assumes new liquid ammonia storage and feed system and, based on an evaluation, design
of either on-site generation of sodium hypochlorite or liquid, bulk sodium hypochlorite storage
and feed system. The selected systems would be housed in a new single story building.
■ Caustic mix structure - design a new caustic mix structure with two mix chambers and associated
mixers and piping changes; convert the caustic feed to flow pace control with pH trim.
■ Fluoride system upgrades - design a new foundation and containment to install the existing
fluoride system building, controls and storage tank; relocate the fluoride feed downstream of the
filters.
■ Miscellaneous chemical system upgrades - design a new divider wall between the caustic and
ferric sulfate storage tanks; specify a new ferric sulfate storage tank for the cracked tank; and
remove unused chemical piping within the filter gallery (caustic, chlorine and ammonia).
■ Solids handling and recycle basin upgrades - design improvements to the control for the sludge
draining and install a concrete lined detention basin to manage flow volume to the sanitary sewer.
In addition, evaluate and design a retrofit to the existing washwater detention basin with sludge
thickening capability similar to Gravity Systems lateral thickening concept.
■ Sitework upgrades - design new concrete paving around the ozone contactor and ozone
generator and chemical buildings and new fencing along the east side of the property. Drainage
will be managed within existing drain courseways.
■ Site piping upgrades - design a new washwater recycle line to discharge ahead of the new ozone
contactors; new raw water piping to integrate the ozone contactors and new 30-inch pipe to
improve flow split to the basin complex; new chemical feed piping to new chemical injection
locations for ferric sulfate, polymer, chlorine, ammonia, caustic and fluoride; piping modifications
to incorporate the new backwash tank.
s Electrical upgrades - design electrical for the new facilities and upgrades for priority 1 and 2 items
identified in the PER.
■ Instrumentation and control - modify the existing control system to incorporate the new process
components (e.g. VFD at raw water pump station, ozone system, rapid mix, flocculators, sludge
mechanisms, filter to waste, air scour and unchloraminated backwash, chemical systems (flow
paced), caustic mix structure, solids handling control, security, fire monitoring, etc). Replace the
old filter consoles with new consoles. Replace all plant turbidimeters. It is anticipated that
ENGINEER will prepare P&IDs and control strategies but configuration will be conducted by the
Construction Contractor instrumentation / SCADA subcontractor.
■ Miscellaneous plant upgrades - for the operations building, design a chilled water system, fire
sprinkler system, replace the ceiling tile and light fixtures and lower the ceiling on the second
floor. In the filter control building, clean and repaint the ceiling and encapsulate the floor tile.
Install lightning protection and replace all doors and windows (installed prior to the 1987 upgrade)
at the Operations, Maintenance and Filter Buildings.
The OWNER's budget for the project is approximately $26.4 million. At the outset of the project, ENGINEER
will work with OWNER to prioritize select items from the previously mentioned design components and
identify three or more alternatives that OWNER may elect to delete from the PROJECT should the bids
exceed the OWNER's budget.
Task 1 - Project Administration
ENGINEER will conduct project management of the work including project planning; preparation and
submittal of monthly activity reports, invoices, schedule updates and decision needs to the OWNER;
management and coordination of subcontractors; and monitoring and control of schedule. Communication
with the OWNER will generally be weekly through phone calls or email, as appropriate with written
communication for substantive items.
Deliverables:
0 Monthly activity reports, schedule updates and invoices
Task 2 - Coordination and Milestone Review Meetings
ENGINEER will coordinate and attend deliverable review workshops to obtain and discuss OWNER review
comments on design document submittals. These workshops are anticipated to occur at approximately the
project startup, 50, and 90 percent design milestones. It is further anticipated that ENGINEER will meet
with OWNER two additional times to review equipment / system control philosophies of facilities and the
maintenance of plant operations plan.
At the startup conference at the OWNER's offices, ENGINEER will discuss the PROJECT including
introduction of the project team, identification of deliverables, schedule, discussion of additional data
requirements, and project goals and objectives. The milestone review meetings will be held to obtain
OWNER comments on milestone deliverables.
Deliverables:
■ Meeting agenda
■ Meeting summary within 5 days to document key decisions, agreed action items and comments
Task 3 - Technical Design Basis Summary and Equipment Selection
ENGINEER will prepare a draft design basis table by facility that will articulate the characteristics of the
PROJECT features including preliminary equipment selections. The intent of this task is to obtain OWNER
consensus on the preliminary sizing, footprints, and equipment choices for each item of work.
ENGINEER will prepare pre-selection documents for the ozone equipment to sufficient detail (technical
specification with City front end document and schematic level figures) to obtain competitive quotations
from qualified bidders. Upon receiving quotations, ENGINEER will conduct an evaluation then make a
recommendation of award to the OWNER. The design basis summary will be updated to reflect the selected
manufacturer.
The final summary will be submitted to the OWNER for lock-in of the design. The memorandum will serve as
the basis of design for the PROJECT.
Deliverables:
■ PDF electronic file of the equipment bid documents to prospective bidders
■ PDF of the design basis summary memorandum
Task 4 - Perform Geotechnical Investigation
A subconsultant specialized in geotechnical work will be selected to perform a geotechnical investigation of
the new structure locations. The purpose of the investigation will be to evaluate the near surface
geological conditions and to provide geotechnical conclusions and recommendations regarding:
■ General subsurface conditions
■ Soil and geologic conditions at the structures.
■ Depth to groundwater or seepage
■ Excavation considerations
■ Recommendations for trenching and shoring, foundation design to address bearing pressure,
anticipated settlements, groundwater, swell potential, shear, compaction requirements, piling, and
select fill requirements for structures construction
■ Soil corrosivity
Up to 15 borings at about 40 feet deep each are anticipated. After completing the field exploratory work
and laboratory testing, an engineering analysis and report will be prepared summarizing findings and
recommendations of the geotechnical investigation. This task also includes ENGINEER'S labor effort to
coordinate with the geotechnical engineer.
Deliverables:
■ PDF electronic file will be submitted to the OWNER for record purposes
Task 5 - Conduct Field Topographic Surveys
Provide field surveys, through a subcontract, of site features in areas of work including elevations of weirs
and interconnecting surface features, corners of buildings in areas of proposed work, and vertical surface
features. Topographic and buried pipe information will be prepared in electronic format (AutoCAD).
Available records of utilities furnished by OWNER (electric, water, sewer, gas, cable, petroleum, and cable)
will be reviewed and appropriate information included on the mapping to document subsurface and
otherwise non-visible conditions. The OWNER's forces will conduct physical excavation of existing utilities,
if required.
Deliverables:
■ PDF electronic file of the site topographic features
Task 6 - Prepare Drawings and Specifications
Prepare detailed drawings for the construction contract. Drawings will be prepared in electronic format in
ENGINEER's AutoCAD software. The design will incorporate applicable Malcolm Pirnie and OWNER'S
standards.
Prepare project specifications using the sixteen-division, modified three-part format of the Construction
Specifications Institute. Front-end documents (Division 0) will be OWNER'S standard documents as
modified by Malcolm Pirnie in the Special Conditions. The remaining technical specifications will be
prepared by the ENGINEER using Malcolm Pirnie documents and the OWNER's standard requirements as
applicable.
It is anticipated that the OWNER will review and provide written comments on the deliverables within three
weeks after receipt for the 50 and 90 percent sets. The ENGINEER will provide detailed written
confirmation of the changes resulting from the OWNER's review of the documents.
Deliverables:
■ At the 50 and 90 percent milestones, submit five 22 x 34 inch or 11 x 17 copies (OWNER
preference) of the drawings and/or electronic version (PDF) of documents to the OWNER for
review.
■ At the 50 and 90 percent milestones, five copies of the complete specifications and/or one
electronic copy (PDF) will be submitted.
Task 7 - Opinion of Probable Construction Costs
Prepare an opinion of probable construction cost of the PROJECT, which includes summaries of bid items
and quantities as appropriate. The level of contingency will be dependent on the milestone status and will
start at 15% at the 50 percent milestone and decrease to 10% at the 90 percent milestone and 5% for the
bid ready set.
Deliverables:
■ PDF electronic file at the 50 and 90 percent design points and a final cost opinion of the
anticipated construction cost prior to bid.
Task 8 - Ouality Assurance and Control
All work products will receive an in-house quality control review by at least one of Malcolm Pirnie's
technical director designates. This includes technical memoranda and drawing and specifications at the 50
and 90 percent design point. The 50 percent review will include a constructability and operability review by
experienced Malcolm Pirnie specialists.
Deliverables:
■ None
Task 9 - Regulatory Approval
Coordinate the review of drawings and specifications with TCEQ and Texas Department of Licensing and
Regulation (TDLR) personnel. This includes transmitting the previously completed PER, specifications and
drawings and technical memoranda, answering questions via telephone which may arise during the review
process, and providing supplemental information to support the design.
Deliverables:
■ One set of technical design basis summary, specifications and 22 x 34 inch set of the drawings to
TCEQ
■ One set of specifications and 22 x 34 set of drawings to TDLR
B. Bid Phase - Advertisement and Bidding Services
ENGINEER will perform Bid Phase Services as detailed in the following tasks following completion of design
services.
Task 1 - Furnish Reproducible Contract Documents
Furnish reproducible bid packages, drawings, specifications and geotechnical reports for reproduction and
distribution by the ENGINEER. ENGINEER will charge the Contractor and Suppliers for the documents but
provide them at no charge to five Plan Houses.
Deliverables:
■ Specifications and 22 x 34 inch set of the drawings to Bidders and Plan Houses
Task 2 - Bidding Assistance
Assist the OWNER in bidding the construction contract including:
® Furnishing the necessary project description for the advertisement of the project by the OWNER.
The OWNER will pay the cost of advertisement in newspapers and periodicals.
■ Document inquiries from prospective bidders. The necessary responses to the prospective
bidders will be provided in the form of addenda. Prepare addenda and distribute to drawing
holders. A total of two addenda are anticipated.
■ Preside at a pre-bid meeting at the OWNER'S facilities and subsequent tour of the PROJECT site.
Deliverables:
■ Project description for advertisement
■ Addenda
Task 3 - Bid Opening and Evaluation
Attend bid opening for construction contract at the OWNER'S facilities. Evaluate bids and prepare letter of
recommendation of award to the OWNER. One member of the ENGINEER'S team will attend the bid
opening.
Deliverables:
■ Letter for recommendation of award
Task 4 - Prepare Formal Contract Documents
Assist the OWNER in the preparation of conforming Contract Documents for execution by the successful
bidder of each construction contract. This includes preparing conformed set of drawings and assembling
the specification with the bid proposal and other executed forms.
Deliverables:
■ Posted drawings and assembled specifications with Contract Documents
C. Construction Phase - Office Administration Services during Construction
ENGINEER will perform construction contract administration services as detailed in the following tasks.
Task 1 - Notice to Proceed
Subsequent to execution of the Construction Contract Documents by the OWNER and the Construction
Contractor, the OWNER will issue the Notice to Proceed to the Construction Contractor.
Task 2 - Preconstruction Submittals
Upon issuance of the Notice to Proceed, the ENGINEER shall receive and review Construction Contractor's
preconstruction submittals including, but not limited to, lists of subcontractors, critical path schedules,
schedule of values, progress and cash flow schedules, and submittal schedule. The ENGINEER will notify
the Construction Contractor of any incomplete items or omissions and work with the Construction
Contractor until a complete and correct set of preconstruction submittals has been accomplished.
Deliverables:
■ Review letters for the preconstruction submittals
Task 3 - Preconstruction Conference
The ENGINEER shall schedule and convene, in conjunction with the OWNER, the preconstruction conference
for at the OWNER'S facilities to discuss general and specific requirements for fulfilling the Construction
Contract. The ENGINEER will explain the contract requirements related to site access, operational
interfaces, reporting, and schedule and cost management, lines of communication, quality control and other
administrative requirements. The ENGINEER will prepare an agenda at least one week in advance of the
meeting, summary of the conference, and distribute that summary to all attendees.
Deliverables:
■ Meeting agenda
a Meeting summary
Task 4 - Review Submittals and Shop Drawings
Submittals from the Construction Contractor will be received, logged, distributed to the OWNER, and
reviewed by the ENGINEER. Applicable OWNER review comments, which are received in a timely fashion,
will be combined with the ENGINEER'S review comments. These submittals will then be distributed back to
the Construction Contractor and other recipients via an Internet Project Website within twenty-one
calendar days of ENGINEER'S receipt. These submittals shall include shop drawings and material and
equipment samples. The ENGINEER will maintain a submittal log describing the current status of all the
Construction Contractor's submittals. The ENGINEER will maintain a submittal file that will contain a copy
of all interim and final submittals by the Construction Contractor. Should Construction Contractor's
submittal require more than two reviews by the ENGINEER, further review by the ENGINEER of that
submittal shall be compensated by the Construction Contractor for City to reimburse the ENGINEER for
these additional services. A total of 180 submittals (average 1-1/2 reviews each) are anticipated.
In addition to the review, ENGINEER anticipates meeting separately with the ozone supplier and I&C
supplier in a pre-submittal workshop to facilitate review of the submittal.
Deliverables:
■ Submittal review comments posted to Project Website
■ Submittal log
s Workshop notes to attendees
Task 5 - Interpretations and Clarifications
The ENGINEER shall issue all instructions of the OWNER to the Construction Contractor pertaining to the
ENGINEER'S design; issue necessary interpretations and clarifications of the Construction Contract
Documents; have authority as the OWNER'S representative, to require special inspection or testing of the
work; act as initial interpreter of the requirements of the Construction Contract Documents and judge the
acceptability of the work thereunder, and make decisions on all questions of the OWNER and Construction
Contractor relating to the acceptability of the work or the interpretation of the requirements of the
Construction Contract Documents pertaining to the execution and progress of the work. Requests for
Information, Requests for Field Alteration, and Field Alterations will be received, logged, and reviewed.
Responses will be distributed to the Construction Contractor via the Project Website and copied to the
OWNER within seven days of ENGINEER'S receipt. ENGINEER will issue responses to RFI's and RFA's on
average no more than 5 days. A total number of 180 RFI's are anticipated.
Deliverables:
■ RFI, RFA, FA review comments / responses posted to Project Website
Task 6 - Periodic Visits to the Construction Site
The ENGINEER'S Design Staff shall make an average of one visit to the PROJECT site each month
concurrent with the construction progress meetings to observe as an experienced and qualified design
professional, the progress and quality of the executed work of the Construction Contractor and to
determine, in general, if such work is proceeding in general accordance with the Construction Contract
Documents. The ENGINEER'S efforts will be directed toward providing a greater degree of confidence for
the OWNER that the completed work of the Construction Contractor will conform to the Construction
Contract Documents, but the ENGINEER'S obligation shall not relieve the Construction Contractor of
responsibility for performing the work in accordance with the Construction Contract Documents. A total of
24-one day site visits are anticipated.
Deliverables:
■ Project notes as appropriate
Task 7 - Off-Site Equipment Witness and Functionality Testing
ENGINEER anticipates attending one factory witness test for ozone at their manufacturing facility to
observe the state of the equipment prior to shipment and to conduct testing of equipment functionality.
The costs for travel, lodging and on-site expenses for re-testing will be covered by the Construction
Contractor. In addition, ENGINEER will visit the PROJECT site and conduct instrumentation loop checks for
the ozone equipment prior to startup.
Deliverables:
■ Punch list articulating corrections
Task 8 - Review Construction Contractor's Schedule and Payment Requests
8-1. The ENGINEER shall receive and review Construction Contractor's monthly Application for Progress
Payment and progress schedules in accordance with this Agreement. The Contractor's payment
schedule will be schedule constrained.
8-2. By recommending any payment, the ENGINEER will not thereby be deemed to have represented
that continuous or exhaustive examinations have been made by the ENGINEER to check the quality
or quantity of the work or to review the means, methods, sequences, techniques, or procedures of
construction or safety precautions or programs incident thereto, or that the ENGINEER has made
an examination to ascertain how or for what purposes the Construction Contractor has used the
monies paid on account of the contract price, or that title to any of the work, materials, or
equipment has passed to the OWNER free and clear of any lien, claims, security interests or
encumbrances, or that the Construction Contractor has completed his work exactly in accordance
with the Construction Contract Documents. The recommendations of payment will constitute a
representation to the OWNER that no substantial departure from the Construction Contract
Documents or requirements exists.
8-3. The ENGINEER will review the Construction Contractor's progress schedule and payment schedule
in accordance with the requirements of the Construction Contract Documents and request that the
Construction Contractor makes any necessary adjustments.
Deliverables:
■ Recommendations for payment to OWNER
■ Comments on the Construction Contractor's progress schedule
Task 9 - Change Orders and Time Extensions
9-1. The ENGINEER shall develop, and provide to the OWNER and Construction Contractor, all the
change orders required for the Project. The ENGINEER will provide the design engineering
necessary to support the change orders. The ENGINEER will develop the necessary Construction
Contract Documents required to support the change orders including construction drawings and
specifications.
9-2. The ENGINEER shall assist in negotiations, on behalf of the OWNER, of any adjustments in the
contract price that may result from the change orders. The OWNER will make the final
determination as to the acceptability of the contract price adjustment.
9-3. The ENGINEER shall receive, from Construction Contractor, and review all the Construction
Contractor's request for time extensions as required for the project. The ENGINEER will notify
Construction Contractor of any inconsistencies or incomplete items in the request and work with
the Construction Contractor until a satisfactory request has been developed. The ENGINEER will
transmit the request to the OWNER, with a recommendation for action, for the OWNER'S
acceptance and approval.
Deliverables:
■ Change orders and supporting documentation
Task 10 - Soils and Materials Testing
The ENGINEER will review Construction Contractor's independent laboratory test results in accordance with
Construction Contract requirements and report non-conforming results to the OWNER and Construction
Contractor. The ENGINEER will provide recommendations for remedial action. The ENGINEER'S
participation in this program does not relieve the Construction Contractor from providing his own quality
control program to ensure delivered and installed materials meet the requirement of the Specifications.
Deliverables:
s Recommendation letter for remedial action as needed
Task 11 - Record Drawings
The ENGINEER shall prepare for the OWNER one set of full size (22 x 34 inch) Mylar record drawings for
construction contract showing the changes made during construction. The ENGINEER shall also provide the
OWNER with two sets of half-size black-line prints and an electronic file copy of the record drawings on a
CD-ROM disc in AutoCAD. The changes made by the ENGINEER on the drawings will be based on the
marked-up prints, drawings, and other data furnished by the Construction Contractor to the ENGINEER.
Deliverables:
■ One full size mylar; two half-sized black-lines; and CD-ROM of record drawings (AutoCAD and PDF)
Task 12 - Warranties and Guarantees
The ENGINEER shall receive, from the Construction Contractor, and review all warranties, certifications,
and affidavits required by the Construction Contract Documents. The ENGINEER will notify the
Construction Contractor of any incomplete items or omissions and work with the Construction Contractor
until a complete and correct set of warranties and guarantees has been assembled. The ENGINEER will
transmit these documents to the OWNER.
Deliverables:
s Letter with comments on the warranties and guarantees
Task 13 - O&M Manual Reviews
The ENGINEER shall receive, from the Construction Contractor, and review the operation and maintenance
manuals on each equipment item as required by the Contract between the OWNER and the Construction
Contractor. The ENGINEER will notify the Construction Contractor of any incomplete items or omissions
and work with the Construction Contractor until a complete and correct set of operation and maintenance
manuals have been assembled. The ENGINEER will transmit completed manuals, provided by the
Construction Contractor, to the OWNER at the conclusion of the review process. A total of 75 O&M reviews
(preliminary and final) are anticipated.
Deliverables:
■ 0&M review comments on preliminary manuals posted on the Project Website
Task 14 - Substantial Completion and Final Inspection
14-1. The ENGINEER shall participate in an inspection with the OWNER and the Construction Contract to
determine if the project is substantially complete and to determine if the work has been completed
in general accordance with the Construction Contract Documents. The ENGINEER will issue a
Certificate of Substantial Completion should the inspection determine that such an issuance is
warranted. The ENGINEER will notify the Construction Contractor and the OWNER should the
inspection discover that a Certificate of Substantial Completion is not warranted at the time of the
inspection.
14-2. The ENGINEER shall develop and provide to the OWNER for the Construction Contract a formal pre-
final punch list developed from the observations made at the inspection for Substantial Completion.
14-3. The ENGINEER will participate in a final inspection with the OWNER and the Construction
Contractor to determine whether the project is complete. ENGINEER will prepare a final punch-list
of items to be completed or corrected by the Construction Contractor and conduct one follow-up
inspection of the site.
14-4. The ENGINEER shall receive, from the Construction Contractor, and review the Construction
Contractor's Final Application for Payment. The ENGINEER will notify the Construction Contractor
of any incomplete items or omissions and work with the Construction Contractor until the
Construction Contractor has fulfilled all the requirements of the Construction Contract Documents.
Upon completion of the project by the Construction Contractor in general accordance with the
Construction Contract Documents, the ENGINEER will recommend final payment by the OWNER to
the Construction Contractor. The OWNER will make the final determination as to the acceptability
of the Construction Contractor's Final Application for Payment.
Deliverables:
■ Tentative substantial completion punch list and final punch list
■ Certificate of substantial completion
■ Recommendation for final payment
Task 15 - Progress Meetings
ENGINEER will conduct monthly progress meetings on an as needed basis to discuss the project progress
and direction and specific technical aspects of the project. All meetings under this task will be conducted at
the OWNER'S Office. Topics of discussion will generally include:
■ Progress accomplished the preceding month
■ Review construction schedule
■ Identify problems with means, methods, techniques or sequences
■ Discuss plans for next month
ENGINEER will prepare and distribute a meeting agenda to the OWNER and to ENGINEER'S project team at
least five working days prior to each of these meetings. Within five working days after each meeting,
ENGINEER will prepare and distribute meeting summary to the OWNER, the Construction Contractor, and to
ENGINEER'S project team. A total of 24 meetings are anticipated.
Deliverables:
■ Meeting agenda
■ Meeting summary
IV. PROJECT SCHEDULE
The project schedule for completing each phase after notice to proceed is as follows:
■ Design Phase -11 months
■ Bid Phase - 3 months
■ Construction Phase - 24 months
V. ADDITIONAL SERVICES
All services requested of the ENGINEER by the OWNER during the PROJECT that are not specifically
described in the scope of work shall be provided by the ENGINEER as Additional Services. These could
include:
■ Attendance at additional design meetings than described
■ Design of additional components not described in the PER as modified herein
■ Asbestos surveys
■ Updates to the existing chemical building or operations building to comply with ADA
requirements.
■ Extension of the Construction Contract time by more than 10% than that assumed herein
■ Attendance at additional construction progress meetings than described
■ Additional reviews of shop drawings as described above
■ Preparation of a plant Operations Manual
• Control system configuration
■ Update to the monthly operating reports
■ Resident Services During Construction
e Startup and Post-Startup Services (Assistance with Equipment Startup and Performance
Assessment)
■ Preparation and attendance at City Boards or Council Meetings
■ Other items not contained in this scope of services