2002-359AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
CAMP, DRESSER & MCKEE, INC. FOR PROFESSIONAL ENGINEERING
SERVICES RELATED TO THE DESIGN OF THE CLEAR CREEK WATER
RECLAMATION PLANT PROJECT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage
Camp, Dresser & McKee, Inc., a Corporation, of Dallas, Texas ("CD&M"), to provide
professional engineering services pertaining to the design of the City of Denton Clear
Creek Water Reclamation Plant Project; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above-referenced professional engineering services, and that
limited City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with Camp, Dresser & McKee, Inc., a Corporation, of
Dallas, Texas, for professional engineering services pertaining to the design of the City of
Denton Clear Creek Water Reclamation Plant, in an amount not to exceed $499,347; in
substantially the form of the Professional Services Agreement attached hereto and
incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of CD&M and the demonstrated
ability of CD&M to perform the services needed by the City for a fair and reasonable
price.
SECTION3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the ~--Lz~ day of ~/~ff'/ff/,~/'/,,j , 2002.
ATTEST:
JENNI~ER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\02\Camp Dresser & McKee, Inc.-Clear Creek Water Reclam Plant Ord,doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
~.~t,THIS AGREEMENT is made and entered into as of the ~ ~%day of
,2002, by and between the City of Danton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Camp Dresser & McKee Inc., with
its regional office at One Glen Lakes, 8140 Walnut Hill Lane, Suite 1000, Dallas, Texas
75231 and its corporate office at One Cambridge Place, 50 Hampshire Slxeet, Cambridge,
Massachusetts 02139 hereinafter called "Design Professional," acting herein, by and
through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
engineering firm, as an independent contractor. The Design Professional hereby agrees
to perform the services as described herein and in the Scope of Work, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation, the design of
the Clear Creek Water Reclamation Plant (CCWRP). The Clear Creek Basin is located
north of Loop 288, extends west of IH 35, and discharges into the Elm Fork of the Trinity
River. Within the Wastewater Service Area of the City of Denton, the Clear Creek Basin
along with Culp Branch encompasses 28,750 acres. The proposed treatment facility will
eventually serve this entire basin within the Service Area of the City of Denton, Texas
and may provide wholesale wastewater treatment service to other entities beyond the
Service Area of the City of Denton. Time is of the essence in completing the design of
the facility. The plant is needed on line, providing treatment service in June 2004.
The effort of the Design Professional will include the following:
Prepare an engineering report evaluating various treatment alternatives and
recommend a cost effective and practical solution. In the evaluation process
account for future expansion of the treatment facility in terms of ease of
expansion, future regulatory requirements, and cost of construction.
· Perform design and produce contract documents suitable for competitive bidding
under municipal laws.
Page 1
· Provide assistance during bidding of the Project.
SECTION 2
COMPENSATION
The Owner shah compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shah be $499,347.00.
2.1.2 Progress payments for Basic Services shall be billed by the Design Professional
fi.om time sheets, on a once-monthly basis, in minimum ~ hour or smaller time
increments, at the hourly Billing Rates not to exceed those shown in the Engineering
Fee Summary attached. For and in consideration of the professional services to be
performed by the Design Professional herein, the Owner agrees to pay, at the listed
hourly Billing Rates, a total fee, including reimbursement for direct non-labor
expenses and for its sub-consultant expense, an amount not to exceed that listed for
each task as shown below, all of which shall not exceed the total as listed under
Item 2.1.1.
Phase I - Study $91,939
Phase II - Design
30% Plans and Specifications
80% Plans and Specifications
100% Plans and Specifications
$72,569
$165,822
$145,498
Bidding Phase $23,519
2.2. ADDITIONAL SERVICES
2.2.1 For Additional Services authorized in writing by the Owner, the Design
Professional shall be paid based on a to-be-agreed-upon Schedule of Charges. Payments for
additional services shall be due and payable upon submission by the Design Professional,
and shall be in accordance with Item 2.1.2 hereinabove. Statements for Basic Services and
any Additional Services shall be submitted to the Owner no more frequently than once
monthly.
2.2.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a multiple of
1.10 times the amounts billed to the Design Professional for such additional services.
Page 2
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1
times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions,
but not to exceed the totals as shown in the Engineering Fee Summary, without the prior
written approval of the Owner.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Arehiteetural or
Engineering Services.
2. The Design Professional's Scope of Work and Engineering Fee Summary.
This Agreement is signed by the parties hereto effective as of the date first above written.
"OWNER"
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
~/~gff Page 3
t//~I:IQ/~EL A. CONDUFF /J
~' CIT~MANAGER
ATTEST:
"DESIGN PROFESSIONAL"
CAMP DRESSER & MCKEE I~C.
S:\Our Documents\Contracts\02\Camp Dresser McKee-Design PSA WW 2002.doc
Page 4
CITY OF DENTON, TEXAS
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCmT~:CT OR ENGINEERtS 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 A~iclas 2 and 3 ofthase General Conditions as modified by the Agreement and Proposal
(the "Services").
1.2 The Design Professional will parform all Services as an independent contractor to the prevailing professional standards consistent with the level of care
and skill ercframily exercised by members of the same profession currently practicing in the saran locality under similar conditions, including reasonable,
informed jndgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of
Caxe necessary for the orderly progi~ss of thc Project. Upon request of the Owner, the Design Professional shall submit for the Own~s approval a
schedule for the performance of the Sarvicas which raay be adjusted as the Project proceeds, and shall include allowances for periods of time required for
the Owners review and for approval of submissions by antherides 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 beth parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Sen, ices consist of those described in Sections 2.2 through 2.6 of thase General
Conditions and include without limitation normal structami, civil, mechanical and electrical engineering services and any other engineering services
necessary to produce a complete and aecurate set of Construction Documents, as daseribed by and reclfftred 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 lo 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 Ownar's program, conslxucfion schedule and construction budget
requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner altamative approaches to design and construction of the Project.
2.2.4 Based on the mutually agraed-upen program, schedule and construction budget requirements, the Design Professional shall prepare, for
approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project
components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 Thc Design Professional shall submit to the Owngr a prelimina~ detailed csthnate of Cons~xuc~ion Cost based on current mrea, 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 fi.om the commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjnstments authorized by the Owner in the program, schedule or constmedon
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 elee~cal systems, materials and
such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, cedes and regulations.
Notwithstanding Owners approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and
adequate to fulfill the purposes of the Project.
2.3.2 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, Constrection Documents
consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all
applicable Jaws, statates, ordinances, codes and regulations.
Page 1 of 9
2.4.2 The Dasign Professional shall assist thg Owner in the preparation of lhe necessary bidding or procurement information, bidding or
procurement forms, the Conditions of the contract, end the form nfAgrecment between the Owner end contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminavd estimates of ConstsucimnCost indicated by
changes in requirements or general market conditions.
2.4.4 The Design Professional shell assist the Owner in connection with the Owner's responsibility for filing documents required for the approval
of governmental authorities having jm'isdictien over the Project.
2,5 CONSTucTIoN CONTRACT PROCURE31ENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Docmnents end of the latest praliminavj detailed estimate of
Consl~uctien Cost, shell assist tho Owner in procuring a construction contract for the Project through eny procurement method that is legally
applicable to tho Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the
Design Professional, tho awant of the constmc6on con~act is in the sole discretion of the Owner.
2,5.2 If the construction contract amount for the Project exceeds the total consmm6on 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 end
exponen, will revise the Constnmtion 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 constmctlon cost set forth in the approved Detailed Statement of Probable
Construction Costs.
2.6 CONSTRUCTION PHASE - AD1HINISTRATION OF TI~ CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the ComWacfon Phase under this Agrosment commences with the
award of the Contract f~r Construction and terminates at the issuance to the Owller of the final Certificate for Payment, unless extended under the
terms of Subsecgon 8.3.2.
2.6.2 The Design Professional shall provide detailed administm6en of the Contract for Consttoction as set forth below. For design professienalss
the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Constmctinn, current as of the
date of tho Agrexment 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 Cenh-al Texas Council
of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement
2.6.3 Construction Phase duties, mspenaibilitias end limitations of authority of the Design Professional shall not be restricted, modified or extended
without written agreement of the Owner and Design Pmfesaional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during consttucfion, and (2) at the
Owner's direction fi'om time to time during the correction, or warranty period described in the Con~act for Constmedon. The Design Professional
shall have authority to act on behalf of the Owner oaly to the extent provided in the Agreement and these General Conditions, unless otherwise
modified by written instrument
2.6.5. The Design Professional shall observe the constn~cfion site at least one time a week, while construction is in progress, end 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 Cam 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 Own~s approval, aeeaptsnee, 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 heretmder.
2.6.6 The Design Professional shall not have central 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 cant out the work in accordance with the Contract Documents except insofar as such failure may result
from Design Professional's negligent acts or omissions. The Design Professional shall not have cogn'ol over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communicatiom 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 end cettify the amounts due the Contractor.
Page 2 of 9
2.6,10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's obser-
valinns at the site as provided in Subsection 2.6.5 and on the date 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 representefions are
subject to minor deviations from the Cunhact Documents correcteble 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 paymcet in the
amount celfified. However, the issuance ofa Celtificate for Payment shall not be a representetion that the Design Professional has (1) reviewed
construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Cun~acter 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 docs not conform to the Contract Documents.
Whenever the Design Professional considers it necessary or advisable for implamentetion 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, instelled or completed. However, neither this authority of the Design Professional nor a
decision made in good faith either lo exemise or not exercise such authority shall give rise to a duty or responsibility of the Design Pwfessional to
the CunWactor, Subeon~'actors, 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 Con,actor's submittals such as Shop Drawings,
Product Data and Samples for the purpose of(l) determining compliance with applicable laws, stetutes, 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 prompteass to cause no delay in the work or in the construction of the Owner or of separate contractom, while allowing
sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the
propose of determining the accuracy and completeness of other dateils such as dimensions and quantifies or for substantiating instructions for
instellalinn or performance of equipment or systems designed by the Con,actor, 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 steted 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 nfperformance characteristics of materials, systems or equipment is requinxt by the Contract Documents, the Design Professional shall
be entitled to rely upon such certification to esteblish 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 Conslruction Change Directives, with supporting documentetion 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 Substentiul 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 ha made with reasonable prompmess and within any time limits agreed upon.
2.6.16 Intel'pretetions and decisiom of the Design Professional shall be consistent with the intent of and reasonably infe2able bom the Contract
Documents and shall be in writing or in the form of drawings. When making such interpretetions 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 negligunce.
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 Contrector relating te the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Dasign Professional (1) shall render services under the Ag~..ement in accordance with the Degree of Cam; (2) will reimburse the Owner
for all damages caused by the defective designs the Design Professional prepares; and (3) by ecknowiedging 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, based upon information provided by the consh'uction contractor.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
Page 3 of 9
3.1,1 Tha services described in this Article 3 ar~ not included in Basic Services unless so identified in the Agrenm~nt or Proposal, and they shall be
paid for by ~he Owunr as provided in the Agsenment, in addition to the compensation for Basic Services. The services described under Sections 3.2
and 3.4 shall only be provided if enthorized or confu-med in writing by the Owner. If services described under Contingent Additional Servicen in
Section 33 are required due to circumstances beyond tho Design Pmfessiunal's control, the Design Professional shall notify the Owner in writing
and shall not commence such additional services until it receives written approval from die Owner to proceed, ffthe Owner indicates in w~ting
that all or past of such Contingent Additional Sauces are not requital, die Design Professional shall have no obligation to provide those se~wices.
Owner will be responsible for compensating the Design Professional for Contingent Additional Sauces only if they are not required due to die
negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more ex~ensive representation at the site than is described in Subasedon 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 Repre~entatlves shall be selected, employed and dirented by the Design Professional, and die Design Professional shall be com-
pensated therefor es agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making reatedal revisions in Drawings, Speuifications or other documents when such revisions are:
1. inconsistent widi approvals or instroctions previonsly given by the Owner, including revisions made necessmb, by adjnstments
in the Owner's program or Project budget;
2. required by the enactment or revision of codes, laws or regnlations subsequent to the preparation of such document, or
3. duc to changes required as a result of the Owner's failure to ~ender decisiun 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.
3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in cormection with Change
Orders and Construction Change Directives.
33A Providing consultation concerning replacement of work damag~ by fire or other cause during constmedon, and furnishing sen, ices required
in connection with the replacement of such work`
3.3.5 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 Contraetur under the Contract for Construction.
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, arbiWafion proceeding or legal proceeding except where the Design Pmfessienal is
party thereto.
3.3.g Providing services in addition to those required by Article 2 for preparing documents for aitemate, 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
Antiele 3 that are caused or necessitated in whole or in part due to the negligent act or omission of die Design Professional shall be performed by
the Design Professional as apart of the Basic Services under die Agreement with no additional compensation above and beyond the eompensa6on
due the Design Professional for the Basic Services. The interwning or concurrent negligence of the Owner shall not limit the Design
Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having
jurisdiction over the Project.
3.4.4 Providing services relative to future facilities, systems end equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereo£
Page4of9
3.4.6 Providing services to verify the acc~asy 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.
3.4.9 Providing analyses ofoperedng and maintenance costs.
3.4.10 Making investigatiom, invantories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in tho utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture,
furnishings and related equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Ce'aificate for Payment and expiration of
tho Warranty pehod of the Contract for Construction.
3.4.15 Providing services of conaultants for other than architectural, civil, sm~ctural, mechanical and electrical enginec~g potions of the Project
provided as a pa~ of Besic Services.
3.4.16 Providing any other services not othenvise included in this Ag~ement or not customarily furnished in accordance with generally accepted
architectural practice.
3.4.17 Preparing a set of repmducthle gecord drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work
mede during construction based on marked-up prints, dmwinga and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreemant, Proposal or these Ganeral 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 shah be performed by
the Design Professional as a part of the Basic Servicas under the Agreement with no additional compensation above and beyond the compemation
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. i 8.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional n~garding 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 specifically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Conslraction Cost, the Owner's other costs and reasonable
contingencies related to all of tbase 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.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. Tho 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 shah include, as applicable, grades and lines of streets, alleys,
pavements and adjoining proper0/ and structures; adjacent drainage; rights-of-wey, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site; locations, dimensions and necessaiy 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 applicabIe, the Owner shall furnish the services of geotechn/cal engineers when such services are requested by the Design Professional.
Such services may include but art: not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of
hazardous materials, ground corrosion and resistivity tests, including neceesmy operations for anticipating sub-soil conditions, with reports and
appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are
requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
Page 5 of 9
4.? When not a part of the Additional Services, the Owner shall furnish stmctoral, mechanical, chemical, air end water pollution tests, tests of
hazardous materials, end other laboratovj end environmental tests, inspections and reports mgnired by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting end insurenes counseling services as may be necessapj at any time for the Project, including
auditing services the Owner may require to varify 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, smweys end repo~s reqalmd 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 end 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 Projeet or
nonconformance with the Con~act 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 DEFI~ED
5.1.1 The Construction Cost shall be the total cost or es~nated cost to the Owner of all elements of the Pmjset designed or specified by the Design
Professional.
5.1.2 The Construction Cost shall include the cost at current market rotes of labor and materials furnished by the Owner and equipment designed,
specified, selected or specially provided for by the Design Professional, phm a r~asonabfa allowance for the Contractor's ove~ead and profit. In
addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during
construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consuItants, the costs oftbe land,
rights-of-way, financing or other costs which are the responsibility of the Ovmer as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluallons of the Owner's Project budget, preliminavj estimates of Cons~uction Cost and det/ded estimates of Construction Cost prepared
by the Design Professional represent the Design Professional's best judgment as a design professional fmnlliar with the construction industvj. It is
recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Cun-
tractor's methods o£datermining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and
does not warcant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Cons~'oction 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 finuishing, proposal or esiablishment of a
Project budgei, unless such fixed limit has been ag~ed upon in writing and signed by the parties thereto. If such a fixed limit has been established,
the Design Prnfessional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equip-
ment, component systems and types ofconstmcimn are to be included in the Contract Documents, to make ~easonable adjustments in the scope of
the Project and to include in the Contract Decumsuts alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount ofen increase in the Contract Sum occun-lng af~ execution of the Contract for Constructien.
5.2.3 If the Procu~rnsut Phase has not commenced within 90 days after the Design Professional submits the Consm~cimn Documents to the
Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general leval of prices in the cons~roction
industry between the date of submissinn 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 pmperty of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies
of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at
Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or
for other purposes than are specified in the Agreement, the Design Professional is released fi.om any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regalatory requirements or for similar pu~oses in connection with the Project is not to be
cons~ued as publication in derogation of the Design Professional's reserved rights.
Page 6 of 9
ARTICLE 7 TERM]NATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agre~nent upon not less than thirty days written notice should the Owner fall substantially to perform in
accordance with the ~rms 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
irmnedlately 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 Projact shall become property oftbe Owno' upon termination of thc 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 ff the Project is su.spended by the Owner for more than 30 consecutive days, the Design Professional shall be compensatad for services satisfactorily
performed prior to notice of such suspension. When the Project is ~med, the Design Professional's compensation shall be equitably adjusted to provide
for exp~nses incurred in the interruption and resumption of the Design Professional's services.
7.3 The Agrenment 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
permane~fly abandoned. If tbe Projent is abandoned by the Owner for more than 90 consecutive days, the Design Professinnal or the Owner may temgna~e
the Agreement by giving whtten 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 substa.ndal nonperformance and cause for t~mination.
7.5 If the Owner falls to mal~ payment to Design Professional witl~n thi~j (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 tbe event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and
satisfactorily performed pr/or to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as thc direct salaries of the Design Professional's personnel engaged on the Project and the posen of the
cost of their mandatory and cnstomary contributions and benefits related thereto, such es employment taxes and other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions and similar con~butinns and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incmred 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; longMistsnce
communications; and fees paid for securing approval of authorities having jurisdiction over the Project.
8;2.1.2 Expense of repreductions (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 authorized in advance by the Owner, expense of overtime work requiring higher than regular rotes.
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.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and. where applicable, shall ha in proper;ion to services performed within each phase of
service, on the basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional,
compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the
Agreement.
8.3.3 When compensation is based on a percentage of Constracfion Cost and any portions oftha 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
Page 7 of 9
schedule set foC~h 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 deteiled estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDmONAL SERVICES
SA.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days
after the presentetion to the Owner of the Design Professional's statement of services rendered or expenses incurred.
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 con,actors, or on account of the cost of changes in the wonk other than those for which the Design Professional is
responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Pmfesalonul shall make available to Owner or Owner's authorized
representative ~cords of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis ora multiple of Direct
Personnel Expense for inspection and copying during regular business hours for three years al~er the date of the final Certificate of Payment, or until any
Htigafion related to the Project is final, whichever date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Pmfnssional 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 properW damage, resulting from the negiignnt 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 paY~y 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 gnvernmental 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.I Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than
$2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the
aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident,
and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than
$100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this
Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as
an additional insured, the Workers' Compensation policy shall contain a waiver of subrogntion in favor of the Owner, and each policy shell contain a
provision that such insurance shall not be canceled or restricted in limits or scope of coveregu, 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
IL1 The Agreement shall be gnvemed by the laws ofthe State ofTexas. Venue ofanysuit orcauseofactionunder 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 pa~tty 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, thc 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 vnitten instrament signed by both Owner
and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments
Page 8 of 9
referanced in Seehon 3 of the Agreement shall to the extant that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions of these deeumants be in conflict so thai th~ can not be reasonably harmonized, such documants shall be givan priority in the following order:.
1. The executed Agreement
2. Attacinnents referenand in Seetion 3 of the Agreernant otber than ths Proposal
3. These GeneralProvisinas
4. ThePropns~
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 thc exterior and interior, among the Design Professional's promotional and profassional materials. Thc Design Professional's
materials shall not include the Owners confidantial or pmprietmy information if the Owner has previously advised the Design Professional in writing of the
specific information considered by the Owne~ to be confidential or proprlelmy. The Owner shall provide professional credit for the Design Professional on
thc construction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees,
associates, agents, subcon/u'actors, and sub-consultants for the accuracy and competency of their designs or other work; nor shall such approval be
deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its
employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective
parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt
requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within
three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered
severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform the Agreement to replace such s~cken provision with a valid and anforceable 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.
S:\Our Documents\Contracts\02\General Conditions PSA - CD&M - 9 pt.doc
Page9of9
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
Background
The Clear Creek Water Reclamation Plant (CCWRP) is a new treatment facility that
will be used to serve the northern and northeastern parts of the City. The facility will
be initially designed to handle an average daily flow (ADF) of about 0.5 to 0.95 MGD
with anticipated discharge limits as follows:
Carbonaceous Biochemical Oxygen Demand (CBOD):
Total Suspended Solids CESS):
Ammonia Nitrogen (NH3-N):
Dissolved Oxygen (D.O.):
pH
Fecal Coliform
5 to 10 mg/L
10 to 15 mg/L
2to 3mg/L
5to 6mg/L
6to 9mg/L
25/75 CFU/100mL
The associated maximum monthly, maximum daily and peak hourly flows are 120%,
250% and 400% of the average daily flow, respectively.
Description of Possible Improvements
The study phase of the project will evaluate various process alternatives and
recommend the most economical and practical solutions. A design report will be
prepared to outline the recommended improvements. To budget engineering effort
for design, construction and post-consl~uction phases, it is anticipated that the
following major process components will be engaged:
A. Raw Wastewater Pump Station with Screening
The new pump station will be designed to handle peak plant flows with provisions to
expand for future design conditions. Mechanical Bar Screen (fine or coarse) will be
provided to protect pumps from clogging.
B. Influent Metering
A flow meter will be installed in the force main from this pump station to the grit
chambers.
C. Grit Removal
Grit removal system will be considered to protect equipment downstream. Both
aerated and vortex type of grit chambers will be evaluated. Consideration will be
given to install the grit removal system before the raw wastewater pump station to
further reduce pump maintenance.
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
D. Anoxic Biological Selector
This will be considered to improve the settle-ability of biological solids. The selector
will consist of three cells operating in series. One train is considered with additional
trains in future. Consider constructing the bioselector as an integral part of the
aeration basins if practical.
E. Activated Sludge System
A number of alternatives will be evaluated to select one that is reliable, flexible, and
easily expandable for future needs. These units will be sized such that the same units
will be suitable for and can be easily incorporated into future treatment scheme.
The secondary clarifiers will be sized to meet the current needs. Provisions will be
made to possibly convert these clarffiers to gravity thickeners, if they are no longer
suitable serving as secondary clarifiers.
Both multiple and single stage air blowers will be compared for efficiency, reliability
and maintenance requirement to facilitate an unmanned operation.
Consideration will be given to combine Return Activated Sludge (PAS) and Waste
Activated Sludge (WAS) into one systerrr No separate pumps are required for WAS
system to minimize the number of pumps.
F. Disinfection
Consider a UV irradiation system for disinfection. The UV system would normally
require less operator attention than a chemical feed system for the same purpose. Due
to wide variation in UV system design, it is prudent to pre-select an UV manufacturer
using an evaluated bid approach. The selection would be based on life cycle cost,
which consists of capital cost as well as operation and maintenance cost on present-
worth basis.
G. Outfall
Consider an outfall that is adequately sized for future flow.
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
H. Non-potable and Potable Water Systems
Evaluate the economics of two separate systems versus one potable water system that
would satisfy also non-potable water needs.
I. Sludge Handling
Sludge produced at this facility will be transported to the Pecan Creek WRP
for further processing.
J. Reuse of Reclaimed Water
Consider various applications for reuse of reclaimed water, including irrigation of
crops, pasture land, golf courses, etc. If there are sufficient demands, CCWRP may be
able to achieve zero discharge.
K. SCADA System
Evaluate alternatives to monitor and control the operations of the CCWRP from a
remote location, i.e., Pecan Creek WRP.
L. Power Sources
Evaluate electric power supply sources. Redundant power source may be required.
Options include a second power supply from a different substation or on-site
emergency generator.
M. Yard Piping and Miscellaneous Facilities
Evaluate piping size for all process units to accommodate current and future design
flows. The raw wastewater sewer will be terminated at the property line and be
connected to the interceptor sewer that will be constructed under a separate contract
to deliver raw wastewater to the treatment plant. The reuse water line will also be
terminated at the property line to connect to the extension of the reuse force main to
be provided under a separate contract.
Consider a security surveillance system that provides monitoring capability of this
facility from a remote site. The security system may be incorporated as a part of the
plant SCADA system.
Scope of Services
The project will consist of three project phases and the major tasks under each phase
are as follows:
Phase I - Evaluation of Alternatives
· Establish/Confirm Project Goals and O~ectives
· Formulate improvement alternatives and conduct review of these alternatives with
the City
3
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
· Alternatives evaluation and recommendations
· Develop recommended plan and conduct review workshop
· Prepare and finalize Design Report
· Coordinate with City's Engineering Department and Corps of Engineers (COE) to
address flood protection issues, if applicable
· Coordinate with TCEQ
· Perform topographic survey and subsurface investigations
Phase II - Design
· Prepare preliminary design and produce 30% complete Plans and Specifications
and conduct preliminary design review workshop
· Prepare 80% complete Plans and Speciiications and conduct 80% design review
workshop
· Finalize design documents (100% complete)
· Coordinate with COE, and TCEQ for approval
· Refine and finalize construction cost estimate at 100% complete
· Conduct progress review meelfings at 30% and 80% design completion stages
· Perform in-house QA/QC reviews
Phase III - Bidding
· Provide services during Bidding
The scope of services and tasks for construction, resident project representative and
post-construction services will be prepared at a later date.
A narrative description of major tasks and subtasks is provided in the subsequent
paragraphs.
Phase I - Evaluation of Alternatives
A. Task 1.1 - Establish/Confirm Project Goals and Objectives
Task Objectives: To ascertain City stakeholders' expectations of project success.
Sub,asks:
1.
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
Upon receipt of notice-to-proceed, the CDM Team will plan, schedule and
convene a project kick-off meeting/workshop. The purpose of the workshop and
its planning is to:
· Establish project stakeholder/dst
· Establish communication protocol
· Discuss QA/QC procedures
· Establish project critical success factors in the minds of all stakeholders
· Establish stakeholder expectation as to what the project is about
(contracted scope or otherwise)
· Establish design flows and loading
· Coordinate hydraulic gradient for incoming sewer to the raw
wastewater pump station and reuse force main termination and
routing with pipeline consultant to be selected by the City
· Develop action plans to meet established expectations.
2. Prior to the Workshop, the CDM project management team will confer with the
City to plan the agenda of the Workshop and develop the initial list of project
stakeholders that should probably attend the Workshop.
3. CDM will prepare minutes of the Workshop and distribute such to all
participants.
4. The CDM Team will document the above work in a Technical Memorandum
(TM) entitled, Project Goals and Objectives. First draft of this TM will be
produced under this task.
Task 1.1 - Deliverables
· Workshop Minutes containing City stakeholder expectations of project success and
action plans that will assist the team in meeting these expectations.
· Technical Memorandum ~ Project Goals and Objectives (5 copies)
· Work Plan (5 copies)
B. Task 1.2 - Formulate Alternatives and Conduct Review of Viable Alternatives
Task Objectives: To develop viable alternatives to provide reliable and dependable
treatment.
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
Subtasks:
1. The CDM Team will perform the necessary engineering calculations and
investigations to identify and develop viable alternatives using information from
project goals and objectives established under Task 1.1.
The initial feasible alternatives will be developed for the following at a minimum:
· Site development
· Screening
Raw wastewater pumping
Grit removal system
Biological treatment systems
· Aeration blowers
Disinfection including, UV irradiation, chlorination/dechlorination,
etc.
Effluent piping/outfall
Potable and non-potable water systems
Evaluation of SCADA systems
· Power sources
Yard piping, reuse piping, security system, etc.
Other issues may be added during the course of the Improvement Project as they
develop.
o
The project team will conduct with City staff, a workshop to review the initiaI
improvement alternatives and to perform screening of these alternatives. It is
intended to provide the forum in which all stakeholders can participate and
comment on alternative development. It will focus on consensus building among
the attendees on the critical elements such as process selection, equipment
reliability, system flexibility, operations and maintenance concerns, cost impact,
etc. Through creative thinking and evaluation process, a list of the most viable
alternatives will be developed for further development.
Upon completion of the above subtasks, the project team will document the work
of this task as a TM entitled, Feasible Alternative Identification and Screening.
First draft of this TM will be produced under this task.
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
Task 1.2 - Deliverables
· Workshop minutes containing comments from project stakeholders and advisors
· Technical Memorandum- Feasible Alternative Identification and Screening (5
copies)
C. Task 1.3 Alternatives Evaluation and Recommendations
Task Objectives: To determine "best~' value alternative for the City based on
established goals and objectives and performance criteria.
Subtasks:
1. The improvement alternatives developed under Task 1.2 will be further refined.
Refinement efforts will take into account:
· Reliability and flexibility enhancements
· Ease of operations and maintenance
· Cost to benefit ratio
· Project goal and objective compliance
· Project Team's confidence level that a particular improvement is capable of
tmmanned operation, buildable, operable, implementable and expandable
within the constraints for which the project is subject.
· Ability to be upgraded to meet anticipated future regulatory requirements
A decision matrix will be produced that addresses the non-economic and
economic factors associated with making decisions as to which alternative best
fits the City-defined needs. The advantages and disadvantages of each
alternative will be discussed and the recommended improvement alternative(s)
will be selected based on technical merits and cost considerations.
The project team will document the above work as a TM entitled, Alternatives
Evaluation and Recommendations. First draft of this TM will be produced under
this task.
Task 1.3 Deliverable
· Technical Memorandum - Alternatives Evaluation and Recommendations (5
copies)
D. Task 1.4 Develop Recommended Plan and Conduct Review Workshop
Task Objectives: To prepare prehminary design documents to show schematic design
of the recommended improvements; refine the estimate of probable construction
costs; and develop an implementation plan based on the preliminary design.
7
Subtasks:
1.
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
The project team will prepare preliminary design documents to include:
· Design criteria
· Process unit sizing
· Description of major equipment, electrical loads, control scheme, etc.
· Process diagrams
2. The project team will prepare a refined budgetary construction cost using the
preliminary design documents. The estimate will be based on in-house data,
rough material take-off and vendor input.
3. 'An implementation schedule will also be developed based on the proposed
improvements and City's time constraints.
4. The project team will document the above work in a TM entitled, Recommended
Plan. First draft of this TM will be produced under this task.
5. The project team will conduct with City staff, a workshop to review the
recommended plan and solicit comments to finalize the improvement
recommendations.
Task 1.4 - Deliverables
· Revised Budgetary Construction Costs
· Implementation Schedule
· Technical Memorandum - Recommended Plan (5 copies)
E. Task 1.5 - Prepare and Finalize Design Report
Task Objective: To document the above Work and to obtain the consensus of project
team members as to the project's overall direction and expected outcome.
Subtasks:
1. The project team will compile the Work performed under Tasks 1.1, 1.2,1.3, and
1.4 into a Preliminary Design Report. Ten copies of the Preliminary Design
Report will be submitted to the City's project team for review and comment.
2. SImultaneous to the City submission, the project team will distribute copies of
the Preliminary Design Report to its technical review team for quality
assurance/quality conl~ol purposes.
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
The review comments from both City's project team members and CDM's
technical review committee members will be shared and discussed, and
appropriate revisions to the report that were agreed to with the City.
The project team will submit the Preliminary Design Report to COE and TCEQ
for review and comment. The prOject team will also assist in present~g rationale
to these agencies and revising the document as required and agreed to by the
City to obtain thei~ consensus of action.
The results of all review comments will then be incorporated into a Final Design
Report. Ten copies of this Final Design Report will then be submitted to the
City's project team for approval.
Task 1.5 - Deliverables
· Preliminary Design Report (10 copies)
· Design Report review comments in a Comment, Response, and Action format
· Materials for presentation to governmental agencies
· Minutes of all meetings with regulatory authorities
· Documents to address review comments by governmental agencies
· Final Design Report (10 copies)
F. Task1.6- Coordinate with Governmental Agencies
Task Objectives: To obtain approval from COE and TCEQ regarding the proposed
improvement alternative(s).
Subtasks:
1. The project team will submit to COE and TCEQ the final design report for their
approval.
2. Coordinate with the City to arrange meetings as necessary with these regulatory
agencies.
Task 1.6 Deliverables
· Final Design Report (3 copies)
G. Taskl.7PerformTopographicSurveyandSubsutfaceInvestigation
Task Objectives: To obtain irfformation and data necessary for design of the
improvements.
1. The project team will perform topographic surveys in the areas that will be used
for the proposed improvements to provide information required. The areas to be
Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
used for the proposed improvements will be outlined on the site drawings
provided by the City. Clearing of trees and brushes in these areas will be
performed by the City prior to topographical surveys.
2. The project team will also perform a boundary surveys to establish City's
property lines.
3. The project team will conduct subsurface exploration work to gather information
to aid in foundation design for the improvements.
Task 1.7 Deliverables
· Survey Drawings to show property boundaries and topography of the areas for
improvements (1 set)
· Geotechnical Investigation Reports (2 copies)
Phase II - Design
The design phase will develop the conceptual design into bidding documents suitable
for public sector, competitive, low bid general construction delivery. This
development will occur in three steps, 30%, 80% and 100% complete docarnents to
assure forward design progress, ffmely incorporation of value-added comments, and
update of probable construction cost during the design of proposed improvements.
A. Task 2.1 - Prepare 30% Complete Plans and Specifications:
Task Objective: To develop conceptual design into preliminary design documents to
set the framework for further development into bidding documents.
Subtasks:
1. Efforts will be concentrated during this step, on establishing general
requirements and developing preliminary and final layout for process,
mechanical, civil and site work. In reaching this milestone, the project team will:
· Mock-up and submit for approval samples of proposed drawing formats
· Identify all permits and licenses required to execute the work of the completed
contract documents and begin the pursuit of obtaining such permits and
· Determine remaining design criteria necessary to complete the detailed design
effort
· All design plans will be prepared on AutoCAD 2000
2. The project team will prepare 30% complete plans as a part of this task which will
generally include:
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Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
· Cover/rifle sheet with location plan
· Civil/Site legend and abbreviation sheets
· Site plan sheets
· General details of civil/site construction sheets
· Process/mecharfical legend and abbreviation sheets
· Hydraulic profile sheet
· Process & instrumentation diagram sheets
· Process/mechanical plan sheets
· Process/mechanical sectional sheets
· General details of process/mechanical construction
3. The project team will prepare 30% complete specifications as a part of this task
which will generally include:
· Draft general terms and conditions of contract. Coordinate with City
Purchasing Department to incorporate legal/purchasing requirements.
· Draft general requirements of contract (Division 1)
· Draft applicable specification sections in Divisions 9, 11 and 15
4. Upon completing the above subtasks, the project team will plan, schedule, and
convene a workshop to review and discuss the 30% complete design efforL
Design review packages will be distributed approximately one week ahead of the
: scheduled workshop to the City. Concerns and issues raised by all reviewing
parties will be discussed and resolved during the workshop and the minutes of
the workshop will be documented in "comment," "response," and "action"
format. Appropriate comments and concerns will be incorporated into design
efforts leading to the 80% complete design milestone.
Task 2.1 Deliverables
· 30% Complete Design Review Package (5 copies)
· Workshop Minutes
· Permit needs list
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Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
B. Task 2.2 Prepare 80% Complete Plans and Specifications
Task Objective: To develop the previously prepared 30% complete design effort into
80% complete design milestone. To assure forward design progress and timely
incorporation of value-added comments during the design development phase of the
project.
Subtasks:
1. Incorporate the recommended modifications that have been approved by City staff to
produce a f'mal draft of front-end documents.
2. Modify the design as appropriate to reflect the changes resulting from agreed
review comments of 30% complete documents.
3. Expand the previously prepared 30% complete documents to include:
· Cover/title sheet with location plan
· Revised plan index sheet
· Civil/Site legend and abbreviation sheets
· Revised site plan sheets
· Revised yard piping plan sheets
· General details of dvil/site construction sheets
· Structural legend and abbreviation sheets
· All structural plan sheets for major process units
· All structural sectional sheets for major process units
· General details of structural construction sheets
· Architectural treatment sheets (if required)
· Process/mechanical legend and abbreviation sheets
· Hydraulic profile sheet
· Process diagram sheets
· All process/mechanical plan sheets
· All process/mechanical sectional sheets
· General details of process/mechardcal construction
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Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
· Electrical/instrumentation legend and abbreviation sheets
· Electrical one-line diagram sheets
· Control schematics
· Instnnnentation control system architecture sheets
· Electrical plan sheets
· Electrical sectional sheets
· General details of electrical/instrumentation construction sheets
· Control loop diagrams
3. The project team will also prepare additional specifications as a part of this task,
which will generally include;
· Revised table of contents
· Revised general terms and conditions of contract with City input
· Final draft general requirements of contract (Division 1)
· Final specifications of critical components such as concrete mix, major
equipment, painting/coaling, piping, etc. in Divisions 3, 9, 11, 13, 14,
15 and 16 technical specifications
· Final draft of all other specification sections in Division 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 15 and 16 technical specifications
4. A workshop will be convened upon completing the above subtasks. The 80%
design review package will be distributed to the City and to designated project
quality assurance/quality control individuals approximately one week ahead of
the scheduled workshop. An overview of design progress to date will be
prepared at the workshop by discipline and concerns and issues will be solicited
from both City and CDM reviewers. Minutes of the workshop will be taken in
"Comment," "Response," and "Action" format.
Task 2.2 Deliverables
· 80% Complete Design Documents (Plans & Specifications) (5 copies) along with
City's markups on the 30% complete documents.
· Workshop Minutes
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Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
C. Task 2.3 - Prepare 100% Complete Plans and Specifications
Task O~ective: To develop the previously prepared 80% complete design effort into
100% construction plans and specifications for bidding purpose. To assure forward
design progress and timely incorporation of value-added comments during the
design development phase of the project.
Subtasks:
1. Prepare 100% Complete Plans. Produce a draft final design plans that will
generally consist of adding specific details of construction sheets for all design
disciplines, adding instrumentation control loop diagram sheets, and adding
elementary wiring diagram sheets to the electrical discipline design package.
Additionally, comments received, as a result of previous Document Review
Workshop will be incorporated into the plan sheets as appropriate.
2. Prepare 100% Specifications. Final draft design specifications and general terms
and conditions of contract will also be produced under this task.
Perform Inter- and Cross-Discipline checking of both plans and specifications
will take place under this task. The purpose is to capture omissions in and
conflicts between various design disciplines. Additionally, perform
constructabllity, operability and maintainability review.
4. Incorporate changes resulting from review of 80% complete documents and
intra- and cross-discipline checking.
5. Finalize design specifications and general terms and conditions of contract.
Remaining work to be completed includes:
· Tailoring Division 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 16 technical specifications
· Tailoring the general terms and conditions of contract for the specific
requirements of the project.
o
Perform cost estimate refinement based on the 100% complete documents.
Abrupt deviations from previous estimates will be rationalized and discussed for
validity.
o
With City's approval, the project team will schedule and convene a meeting with
the TCEQ as well as COE to overview the planned improvements and solicit
comments as to concerns and issues using the 100% design documents.
The TCEQ comments and the revision actions agreed to during the workshop
will be incorporated into the 100% complete plans and specifications to finalize
documents. The final documents will be delivered to the City, COE and TCEQ
for approval.
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Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
10.
Adjustments to the cost estimate will be made based on the revisions
incorporated and the final cost estimate will be transmitted to the City prior to
project advertisement.
Our technical review committee will perform quality control and assurance
review following the established QA/QC procedures. This review will include
constructabRity, operability and maintainability of the designed improvements.
Their comments will be shared with City staff for additional input at the
document review workshop and be incorporated into the design documents as
appropriate.
11. Prepare reproducible plans and final specification for production of bid
documents.
Task 2.3 Deliverables
· 100% complete design documents along with City's 80% review set with markups
(5 copies)
· TCEQ and COE Review Comments
· 100% complete plan in reproducible mylar and CD-Rom (1 set)
· 100% complete specifications in Word format (1 set)
D. Task 2.4 Prepare "Request for Proposals" to pre-select or pre-purchase
UV Disinfection System:
Task Objective: To select the most cost effective UV system for the plant and to tailor
the design for the pre-selected UV manufacturer.
Subtasks:
1. Prepare a "Request for Proposals" document and assist City's Ptrrchasing
Department in soliciting proposals from qualified and reputable UV system
manufacturers.
2. Respond to proposers' request for information, answer questions, and issue
clarifications.
Evaluate proposals to determine the most cost effective system using life cycle
costs. The life cycle cost consists of capital expense, and operating and
maintenance cost on present worth basis associated with power consumption,
lamps, ballasts and quartz sleeves replacement, maintenance labor, chemical, etc.
4. Recommend to the City the most desirable system for implementation.
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Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
Task 2.4 Deliverables
· Request for proposals (10 copies)
· Recommendation for selection of UV system
Phase III - Bidding
The services during bidding consist of the following tasks:
Produce 50 sets of bidding documents of which 10 set would be with full size
drawings (22"x34') and 40 sets with half size drawings (ll'x17"). Distribute
bidding documents and maintain a record of prospective bidders to whom
Bidding Documents have been issued. Receive and process fees for bidding
documents.
2. Assist the City in advertising for and obtaining bids for construction, materials,
equipment and services and conduct pre-bid conference.
3. Respond to all inquiries concerning this bid and issue addenda as appropriate to
interpret, clarify or expand the Bidding Documents.
Attend bid operffng, prepare bid tabulation sheets and assist the City in
evaluating bids or proposals, recommend contract award, and assemble contract
documents for execution.
Consult with and advise the City as to the acceptability of subcontractors,
suppliers and other persons and organizations proposed by the Contractor for
those portions of the work to which such acceptability is required by the Bidding
Documents.
Consult with the City concerning and determine the acceptability of substitute
materials and equipment proposed by Contractor when substitution prior to the
award of contract is allowed by the Bidding Documents.
7. Provide five (5) sets of Contract Documents (with full size drawings, 22"x34") for
the Contractor's use during construction.
8. Provide two (2) set of full size Documents for the City and one (1) set for the
resident project representative's use at project site.
Bidding Phase Deliverables:
· Contract addenda (57 copies)
· Pre-bid Meeting Minutes
· Bid tabulation
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Scope of Work
Clear Creek Water Reclamation Plant
City of Denton, Texas
· Contract award recommendation letter
(END OF SECTION)
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