1999-158 ORDINANCE NO qq-/.5-t
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAMP
DRESSER & MCKEE, INC, DALLAS, TEXAS, FOR ENGINEERING SERVICES
PERTAINING TO THE DESIGN AND CONSTRUCTION OF EXPANSION AND
IMPROVEMENTS TO EXISTING FACILITIES AT THE PECAN CREEK WATER
RECLAMATION PLANT, IN THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty Council deems that it ~s ~n the pubhc interest to engage Camp
Dresser & MeKee, Inc, a Corporatmn ("CDM"), to prowde professional enganeerlng servaees to
the C~ty respecting the design and construction of expansion and ~mprovements to exast~ng
facilities at the Pecan Creek Water Reclamation Plant, ~n the C~ty of Denton, Texas, and
WHEREAS, the C~ty staff has reported to the C~ty Cotmcfl that there ~s a substantaal need
for the above-described professional engmeenng services, and that hm~ted C~ty staff cannot
adequately perform the services and tasks w~th ~ts own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Servaces Procurement Act", generally prowdes that a City may not select a prowder of
professlorlal services on the basra of competitive Nds, but must select the prowder on the bas~s of
demonstrated competence, knowledge, and quahficat~ons, and for a fair and reasonable prate,
NOW TI-1EREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the C~ty Manager ~s hereby authorized to execute a Professional
Services Agreement w~th Camp Dresser & McKee, Inc, a Corporation, of Dallas, Texas, for
professional engmeermg serwces pertaimng to the design and construction of expansion and
~mproventents to exastmg famhtses at the Pecan Creek Water Reclamation Plant, m the Caty of
Denton, Texas, m substantxally the form of the Professional Services Agreement attached hereto
and incorporated herewith by reference
SECTION II That the award of tNs Agreement by the C~ty ~s on the bas~s of the
demonstrated competence, knowledge, and quahficataons of CDM and the abthty of CDM to
perform the services needed by the Cxty for a fair and reasonable price
S]~CTION III That the expenditure of funds as prowded m the attached Professional
Services Agreement ~s hereby authorized
SECTION IV That th~s ordinance shall become effective ~mmed~ately upon ~ts passage
and approval
PASSED AND APPROVED thls the ///'~/~ dayof L~//~/~.~. , 1999
JACIC~4~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmanccs\99\CampDmsser PSA doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION
OF EXPANSION AND IMPROVEMENTS TO EXISTING FACILITIES AT THE PECAN
CREEK WATER RECLAMATION PLANT IN THE CITY OF DENTON, TEXAS
THIS AGREEMENT is made and entered into as of the ///~-Lq day of
~"fft~F./_d~ ,1999, by and between the City of Denton, Texas, a Texas Municipal
Corpomt~n,~vlth its principal offices at 215 E McKlnney Street, Denton, texas 76201 (hereinafter
"OWNER") and Camp Dresser & McKee, Inca Corporation, with its offices at 8140 Walnut Hill
Lane, State 1000, Dallas, Texas 75231 (hereinafter "CONSULTANT"), the parties acting herein,
by and through their duly-authorized representatives and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the ProJect as
stated in the Amcles to follow, w~th diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas The professional services set forth
herein are in connection with the following described project (the "ProJect")
Englneenng services pertmmng to the design and construction of improvements to expand the
Pecan Creek Water Reclamation Plant (the "Plant") to 21-MGD capacity and to upgrade the Plant
to meet its new discharge permit to be issued by Texas Natural Resource Conservatmn
Commission
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner
A To perform all those services and tasks as set forth in CONSULTANT's"Scope of Services",
which is a nine (9) page document consisting of Basic Services and Special Services and is
attached hereto and lncorporatedherevath by reference as Exlnblt"A'
B If there is any conflict between the terms of this Agreement and the Exhibits attached to this
Agreement, the terms and conditions of this Agreement shall govern and shall control over
the terms and conditions of the Exh~bns
ARTICLE llI
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above-described Scope of Services, set forth in Article II A above,
are as follows
A Perform final design and provide services during bidding and construction, resident
engIneenng services, and start-up, traimng and operation assistance The tasks for these
additional services will be developed based on the recommendations of the prehmlnary
engineenng and design report
B Assist OWNER or contractor an the defense or prosecution of htigation ~n connection with or
~n addition to those services contemplated by th~s Agreement Such services, if any, shall be
furmshed by CONSULTANT on a fee bas~s negotmted by the respective part~es outside of
and an addition to th~s Agreement
C Samphng, testing, or analysis beyond that specifically included In the Scope of Services
referenced heremabove
D Prepare appheations and supporting documents for government grants, loans, or planning
advances, and prowdmg data for detailed apphcations
E Appear before regulatory agencies or courts as an expert w~tness in any htlgat~on with third
parties arising from the development or construction of the Project, ~nclud~ng the preparation
of englneenng data and reports for assistance to the OWNER
F Prowde easement or right-of-way acquisition services
G Provide additional presentation(s)to the Denton Public Utility Board and/or the C~ty Council
H Prowde add~tionalprlntmg for bidding document distribution
I Obtain right of entry for easement survey
J Additional meetings dunng construction
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a not,ce to proceed by the OWNER, and shall remain ~n
force for the period which may reasonably be required for the completion of the Project, Including
Additional Services, if any, and any required extensions approved by the OWNER This
Agreement may be sooner terminated in accordance w~th the provisions hereof Tame is of the
essence ~n th~s Agreement The CONSULTANT shall make all reasonable efforts to complete the
serwces set forth m Exhibit "A" hereto, as expedmously as possible, in accordance with the
following schedule
s~~ ~-,,~^~, Page 2 of 11
A Complete preliminary enganeenng and design report in four (4) months from notice to
proceed
B Complete final design documents for review by OWNER, in five (5) months upon approval
of the design report and authonzattonto proceed with the final design
C Upon approval of final design documents, complete bid solicitation, review of bids, and
recommendation of award an ten (10) weeks
D Allow twenty (20) months for the construction of improvements
E Allow twelve (12) months for post-construction servmes
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as expenses ~ncurred by CONSULTANT in the
employment of others in outside firms, for services in the nature of professional
engineering, surveying, or related services Any subcontract or subconsultant billing
reasonably incurred by the CONSULTANT in connection with the Project shall be
invoiced to OWNER at the actual cost plus ten (10%) percent
2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
assignment or expense reasonably incurred by the CONSULTANT in the performance
of flus Agreement for supplies, transportation and eqmpment, travel, commumcations,
subsistence, and lodging away from home, and similar ~nmdental expenses in
connection w~th that assignment, expressly including, without limitation, telephone
charges, telecopy charges, pnntmg and reproduction costs, and other incidental
expenses recurred m connection w~th the Project Direct Non-Labor Expenses shall be
invoiced to OWNER at CONSULTANT' s actual cost, wath the exception of photocopy
charges, wbach shall be billed at a rate not to exceed ten cents per copy, and telecopy
charges, which shall be billed at a rate not to exceed fifty cents per copy for outgoing
telecoptes from CONSULTANT There shall be no charge by CONSULTANT for
incoming telecoples To the extent that the provisions of Article V of this Agreement
conflict with the rate in Exhibit "B" attached hereto and described hereafter, the
provlsionsofArticle V oftlus Agreement shall govern
B BILLING AND PAYMENT
For and in conslderatlonof the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the Tasks set forth in the Scope of Services as shown in Exhibit "A" attached hereto, as
follows
1 For Basic Services under Phase I - Prehmlnary Engineenng and Design Report, Tasks
BS-1 through BS-6, inclusive, lump sum fees an the aggregate amount of $293,375
2 For Special Services under Phase I - Preliminary Engineenng and Design Report, Tasks
SS-1 through SS-3 inclusive, fees not to exceed, in the aggregate, $66,945 The Special
Services wall be provided by the CONSULTANT on an as-needed and as-requested basis
The hourly rates set forth in Exhibit "B", entitled "Compensation--- Pecan Creek Water
Reclamation Plant, City of Denton, Texas", which Exhibit "B" is attached hereto and
made a part of flus Agreement, and sets forth the hourly rates and the basis and method of
determination of billing for CONSULTANT in performing the tasks provided for under
this Agreement This bllhng will also include reimbursement for Subcontract Expense
and Direct Non-Labor Expense
Partial payments to the CONSULTANT will be made monthly based on the percent of actual
completion of Basic Services and detmled billing statements for Special Services, rendered to
and approved by the OWNER through its Assistant City Manager for Utilities or his
designees, however, under no circumstances shall any monthly statement for services exceed
the value of the work performed at the time a statement is rendered The OWNER may
withhold the final five (5%) percent of the contract amount until satisfactory completion of
the Project
Nothing contmned in this Article shall require the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his
designee, or which is not submitted to the OWNER in compliance with the terms of this
Agreement The OWNER shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under this Agreement
It IS specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to flus Agreement wlueh would require additional payments by
the OWNER for any charge, expense or reimbursement above the lump sum fees and the
maximum not to exceed fees as stated heremabove, without first having obtained the prior
written authorization from the OWNER CONSULTANT shall not proceed to perform the
services listed in Article III "Additional Services" wathout obtaining prior written
authorization from OWNER
C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER
in Article III heremabove, CONSULTANT shall be paid based on the Schedule of Charges
at the hourly rates and charges as set forth in Exhlbat "B" attached hereto Payments for
additional services shall be due and payable upon submission by the CONSULTANT, and
shall be in accordance with Article V B herelnabove Statements shall not be submitted to
OWNER more frequently than monthly
D PAYMENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the
amounts due the CONSULTANT wall be increased by the rate of one percent (1%) per month
s~,~,~,~c~ Page 4 of 11
from the said sixtieth (60th) day, and in addition, the CONSULTANT may, after giving ten
(10) days' written notice to the OWNER, suspend services under this Agreement until the
CONSULTANT has been paid in full for all amounts then due and owing, and not disputed
by OWNER, for services, expenses and charges Provided, however, nothing herein shall
reqmre the OWNER to pay the late charge of one pement (1%) per month as set forth herein,
if the OWNER reasonably determines that the work is unsatisfactory, in accordance xanth
ArtmleV B ofthisAgreement
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovenng and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documenls prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are lnsmunents of service and shall
become the property of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retmn copies of all such documents The documents prepared and
furmshed by the CONSULTANT are intended only to be applicable to this project and OWNER's
use of these documents m other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or claim any right arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall mdenmlfy and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and agmnst any and all haNhty, clmms,
demands, damages, losses and expenses, including but not hmated to court costs and reasonable
attorney fees incurred by the OWNER, and including without lumtatlon damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees m the execution,
operation, or performance of tins Agreement
NotNng in this Agreement shall be construed to creme a liability to any person who Is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
s~,~.~-~,~,,..-~,~ Page 5 of 11
eqmty, to any clmm, cause of action or htlgat~on filed by anyone not a party to this Agreement,
including the defense of governmental lmmumty, which defenses are hereby expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the Services under th~s Agreement, CONSULTANT shall
ma~ntmn the following ~nsurance with an insurance company licensed to do bus~ness ~n the State of
Texas by the State Insurance Commission or any successor agency, that has a rating with A M
Best Rate Carners of at least an "A-" or above
A Comprehensive General L~ablhty Insurance with bodily ~nlury hmlts of not less than
$500,000 for each occurrence and not less than $500,000 ~n the aggregate, and with property
damage hm~ts of not less than $100,000 for each occurrence and not less than $100,000 m the
aggregate
B Automobile L~ab~hty Insurance with bodily injury hmlts of not less than $500,000 for each
person and not less than $500,000 for each accident and w~th property damage hm~ts for not
less than $100,000 for each accident
C Worker's Compensation Insurance m accordance with statutory reqmrements and Employer's
L~ab~hty Insurance with hm~ts of not less than $100,000 for each accident
D Prnfess~onal Lmb~llty Insurance w~th hmlts of not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certificates or insurance poheles at the OWNER's
request to evidence such coverages The ~nsurance pohc~es shall name the OWNER as an
additional insured on all such pohc~es to the extent legally possible, and shall contain a
provision that such insurance shall not be cancelled or modified w~thout tlurty (30) days prior
written not,ce to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, dehver cop~es of any
such substatute pohcles furnishing at least the same pohcy hmlts and coverage to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part~es may agree to settle any d~sputes under th~s Agreement by submitting the d~spute
to arbitration or other means of alternate d~spute resolution such as medmt~on No arbitration or
alternate thspute resolution arising out of or relating to, this Agreement lnvolwng one party's
d~sagreement may include the other party to the d~sagreement without the other's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notw~thstandrng any other prows~on of tlus Agreement, e~ther party may terminate this
Agreement by providing thirty- (30) days advance written not~ce to the other party
B Th~s Agreement may be terminated m whole or in part m the event of e~ther party
s~.~,,~,~..~^*~ Page 6 of 11
substantially falhng to fulfill ~ts obhgatlons under this Agreement No such tenmnataon wall
be effected unless the other party as given (1) written notice (delivered by certified mall,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure, and (2) an oppomm~ty for consultation with the terminating party prior to
termination
C If the Agreement as terminated prior to completion of the servmes to be prowded hereunder,
CONSULTANT shall lmmedlataly cease all services and shall render a final bill for services
to the OWNER wtthm tturty (30) days after the date of termination The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance w~th Article V of this Agreement Should the OWNER subsequently contract
with a new consultant for the contanuat~on of services on the Project, CONSULTANT shall
cooperate ~n providing information to the OWNER and the new consultant If applicable,
OWNER shall allow CONSULTANT reasonable time to transition and to turn over the
Project to a new Consultant CONSULTANT shall turn over all documents prepared or
furmshed by CONSULTANT pursuant to this Agreement to the OWNER on or before the
date of termination but may maintain copies of such documents for its files
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and habflity of the CONSULTANT, ~ts officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to ttus Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsultants
ARTICLE XIV
NOTICES
All notices, communications, and reports reqmred or permitted under flus Agreement shall be
personally delivered or mmled to the respective part,es by depositing same in the United States mall
at the addresses shown below, by means of U S Mall, postage prepaid, certified mall, return
receipt requested, unless otherwise spemfied herein
To CONSULTANT To OWNER
Camp Dresser & McKee, Ine City of Demon, Texas
Randy Rogers, Vice President Howard Mart~n, ACM/Utilities
8140 Walnut Hill Lane, State 1000 215 East McKlnney
Dallas, Texas 75231 Denton, Texas 76201
All notmes under this Agreement shall be effective upon their actual receipt by the party to
whom such notme is given, or three (3) days after mailing of the notice, whichever event shall first
OCCUr
s~.~c~..~ Page 7 of 11
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of eleven (11) pages and two (2) Exhibits constitutes the complete
and final expression of the Agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotlatwns, dlscUSSWnS, communications, understandmgs, and
agreements which may have been made in couneetlon with the subject matter of this Agreement
ARTICLE XVI
SEVERABILITY
If any provision of ttus Agreement is found or deemed by a court of competent junsdmtlonto
be mvahd or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision wath a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not d~scnmlnate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap
ARTICLE XIX
PERSONNEL
A CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall promptly inform the OWNER of any conflict of interest or potential
conflict of interest that may arise dunng the term of this Agreement
B All serwces reqmred hereunder will be performed by CONSULTANT or under ~ts direct
supervision All personnel engaged in performing the work provided for m this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any ~nterest ~n th~s Agreement and shall not transfer
any ~nterest m th~s Agreement (whether by assignment, novation or otherwise) w~thout the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of
tts name as well as of any s~gmficant change in its corporate structure or ~ts operatmns
ARTICLE XXI
MODIFICATION
No waiver or modfficat~on of this Agreement or of any covenant, condition, l~m~tat~on herein
contmned shall be vahd unless ~n writing and duly executed by the party to be charged therewith
No ewdence of any waiver or modffieatmn shall be offered or received ~n evidence m any
proceeding ansmg between the parties hereto out of or affecting th~s Agreement, or the rights or
obhgataons of the parties hereunder, unless such waiver or modfficatlon is ~n writing, duly
executed The part,es further agree that the prowsxons of this Artmle w~ll not be waived unless as
herexn set forth
ARTICLE XXII
MISCELLANEOUS
A The following Exhxbtts are attached to and made a part ofthts Agreement
1 Exhibit "A" - "Scope of Servmes" [consisting of rune (9) pages]
2 Exh~bxt "B" - "Compensation" [consxstlng of thirteen (13) pages]
B CONSULTANT agrees that OWNER shall, until the expxrat~on of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertment books, documents, papers and records of the CONSULTANT
xnvolving transactions relatmg to thxs Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facdit~es and
shall be provided adequate and appropriate working space ~n order to conduct exarmnations
or and~ts ~n comphance wath tlus Article OWNER shall g~ve CONSULTANT reasonable
advance notice of all ~ntended examinations or audits
C Venue of any suit or cause of action under th~s Agreement shall lie exclusively ~n Denton
County, Texas This Agreement shall be governed by and construed m accordance with the
laws of the State of Texas
D For purposes of this Agreement, the part~es agree that Jyh-We~ (Al) Sun shall serve as the
Projeat Manager for CONSULTANT This Agreement has been entered ~nto wtth the
understanding that Jyh-We~ (Al) Sun and Randy Rogers shall serve as the key persons
serving the OWNER on the ProJect Any proposed changes requested by CONSULTANT,
respecting e~ther or both of the key persons named ~n this paragraph, shall be subject to the
approval of the OWNER, which approval OWNER shall not unreasonably w~thhold
Nothing herein shall hmtt CONSULTANT from using other quahfied and competent
members of thetr finn to perform the servmes reqmred here~n under ~ts supervision or control
s~.~,~,c.~..,*~ Page 9 of 11
E CONSULTANT shall commence, carry on, and complete its work on the Project with all
appheable d~spateh, and ~n a sound, econommal, efficient manner, and m accordance w~th the
prov~smnshereof In ac¢omphstungthe Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work revolved ns properly coordinated w~th related work being
earned on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all avmlable mformatmn pertinent to the Project, mclu&ng previous reports, any other data
relative to the Project and arranging for the access to, and make all provmmns for the
CONSULTANT to enter ~n or upon, pubhc and private property as reqmred for the
CONSULTANT to perform professional services under this Agreemem
G The captions of th~s Agreement are for mfonnat~onal purposes only and shall not ~n any way
affect the substantive terms or conditions of th~s Agreement
IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed tins Agreement m four
(4) original counterparts, by and through ~ts duly-authorized City Manager, and CONSULTANT
has executed tins Agreement by and through ~ts duly-authorized undersigned officer, on this the
//~-~ dayof ~O~ ,1999
"CITY"
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By~~ ~
"CONSULTANT"
CAMP DRESSER & McKEE, INC,
A Corporation
ATTEST
Exhibit A
ScopeofWork
Pecan Creek WRP Improvements Project
City of Denton, Texas
I. Project Overview
This projcct consists of enimeenns senqces rcqmred for thc prelLrmnary design, final
d~lgl3, blddll~ alid coDstrncAlon, a~d s*~rl-up aad operatlopA[ assistallce of
improvements to the Pecan Creek Water Reclamation Plant
II. Project Object, yes
The project goals and objectives to bc accomplished include
· Expansion of treatment capacity to 21 MiSD (annual avcra§e dady flow) and 24
MiSD (maxunum monthly flow)
· Upgrading to meet TNRCC effluent lurers
· Increase of compostmg capabilities to handle all btosohds produced at PCWRP
· Repair or replacement of aging and unreliable equipment
· Integrated reuse of reclam~ed water of 6 MGD ~(10 to 12 MGD ulth-nate)
III Scope of Services
The project will consist of five project phases and the major task~ under each phase are
as follows
PHase I - Preliminary £ngmeenng and Design Report
· Estabhsh/Confirm Project Goals and Objectives
· Perform Field Reconnaissance, Stress Testing and Computer Modehng
· Formulate Alternatives
· Alternative Evaluation and Recommendations
· Develop Recommended Plan
· Prepare and Finalize Project Design Report
· Assist in CoordinatIon with TNRCC on Permit Issues
· Perform Topographic Survey and Subsurface Investigation
· Conduct Plant Vis,is
Phase II. Final Destgn
· Prepare 60'~ Complete Plans and Spec~fications
· Prepare 90% and 100% Complete Plans and Specifications
CDM Camp Dresser & McKee
Exhibit A Prehm~nary ,Scope of Work
Pecan Creel( WRP Improvements F~j~f
Phase III. B~ddmg and Constt~ctton
mProvtde Servzces During B~ddlng,
aaProvlde Services During Construction
· Provide Record Drawing Services
Phase IV. Ras~dent Englneenng Servlces
· Provide Resident ProJect Representative and Specialty Inspection Services
Phase V- Start. up, Training, and Oporat~ons As,~stance
· Provide Operauons & Maintenance Manuals
· Provide Start-up Services
IConduct Performance Evaluation Services
A narrauve descnpuon only for the tasks and subtasks m Phase I - Prelunmary
Engmeenng and Design Report ts provided m the subsequent paragraphs Tasks and
subtasks for the other project phases will be developed at the conclusion of the
Prelunmary Engineering Phase where the required unprovements will be clef'reed
Phase I - Preliminary Eng~noonng and Design Report
A Basic Setwces
Tesk BS-1 Establlsh/Confin'n Project Goals and Objectives
?'ask Ob, lectures To ascertain Clt~ stakcholdcr's exp?~ctatlons of projcc[ success
Subtasks
Upon receipt of notme-to-proceed the CDM Team will plan schedule and
convene a project "kick-ofF' meeting/workshop (~ e Workshop No 1) The
purpose of the workshop and its planning is to
· Establish project stakeholder hst
· Sohcit stakeholder pamc~pat~on ~n the project
· Establish project outcomes that will assist the project m becoming a success in
the m~nds of all stakeholders
· Estabhsh stalteholder expectation as to what the project ~s about (contracted
scope or othei w~se)
· Develop action plans to meet established expectations
2 Prior to the Workshop the CDM project management team '.~lll meet w~th ~ts
counterparts v,~thm the C~t~ to plan the agenda of Workshop No I and de~elop
the m~ttal hst of project stakeholders that should probabl~ attend the Workshop
3 It ~s aanc~pated that Workshop No I can be convened on-site as ~t could be
coupled v,~th an m~nal s~te o~erx~ew tour that v, HI acquaint project team members
v,~th the physical specifics o~ the project
CDM Camp Dresser & McKee
Pecan C~k WRP Improvements Pro.~:~
4 CDM wtll prepare minutes of Workshop No 1 and dtstnbute such to all
parttc~pants
5 The CDM Team wall document the above work of thts Task m a Technical
Memorandum (TM) entttled, "Project Goals and Objecuves" The first draft of
th~s TM wtll be produced under tlus subtask
Task BS-1 De/~era~/es
· Workshop Minutes contauung Ctty stakeholder expectations of project success and
action plans that wtll asstst the team m meeting these expectations
· Techracal Memorandum - "Project Goals and Objecttve$" (5 coptes)
Task BS-2 Perform Fn~d Reconnatssame, Stn~ Tosmg and Computer
Task Obsect~ve$ To gather background tnformatton and data necessary to make
reformed unprovement dectstons
Subtmks
1 The CDM Team wtll review all relevant background mformatton relating to the
pecan Creek Water Reclamatton Plant (PCWRP) including previous destgu
reports, master plans, performance data, regulatory reports, maintenance h~story
reports and the hke
2 The CDM Team wtll physically respect the ex[sting facilities pamcularly the
areas where tmprovements are planned
3 The CDM Team wtll mtervtew operattons and maintenance personnel at the
PCWRP to estabhsh concerns and tssues which effect proposed design
unprovements Espectally tmportant will be the capturing of lessons learned
related to performance and maintenance intensity
4 The CDM Team wtll develop a protocol for stress testing and asstst PCWRP staff
m coordmatmg these tests The test results wtll be used tn the cahbratlon of the
mathemattcal process model that is to be uuhzed ~n determtnmg the treaU~ent
capabthttes of the ex~stmg facthttes
5 The CDM team will review with C~ty staff venous dynamic mathematical process
models that can be emplo~ ed to determine the treatment capactty and the
optumzed performance of extstmg process units Select the process modehng
package that ts considered most appropriate for the PCWRP ConstrUct a
computer model and perform model rUns
6 The CDM Team wtll also perform hydraulic calculauons to MenU~ hydrauhc
bottlenecks and hmhauons of extsung facdtUes
7 The CDM Team wdl coordinate wtth the surve)or performing topographtc and
uttht) surveys regarding the areas to be surve)ed and the mformauon to be
provided by the survevor for the tmprovement project
CDM Camp Dresser & McKee
Pecan C,t~eJ( WRP Improverne~ts
8 The CDM Team will review the subsurface conditions associated with the work of
this project through appropriate review of previous geotechmcal efforts The
CDM Team will coordinate with the geotechmcal subconsultant regarding
additional soil boring locations and data required for design of the improvements
9 The CDM Team will document the above work of this task m a TM entitled,
"Existing Condmons" The first draft of th~s TM will be produced under t_Ms
subtask
Task BS-2 De/~verab/es
· Techmcal Memorandtun - "Exmmg Condluons" (5 copies)
Task BS-3 Fom~ulate Altematnes
Task Ob. lee, aves To develop alternatives for expansion of the ~ under various
TNRCC pemut scenarios The ex~stmg facilities will be opttmized ~ serve as the
base for the expansion
1 The CDM Team will perform the necessary engineering calculations and
investlgation$ to identify and develop imtlal feasible alternatives using
reconnaissance reformation and project goals and objectives established under
previous Tasks BS-2 and BS-I, respectively
The mmal feasible alternatives will be devetope~ for the following at a mmimum
· Expansion of treatment capacity to 21 MGD
· Disinfection and hazardous chemical management
· Integrated Water reuse
· Compostmg of biosohds
· Peak flow managemem including hydrauhc bottleneck elimination
· Odor control (for sludge compostmg)
· Energy and labor management, mcludmg digester gas, process automation,
· Repair/replacement of existing equipment
Other issues may be added during the course of the Improvement Project as they
develop
The UV irrathatlon s)stem will be one of the dismfect~on alternat~ es to be
evaluated The evaluation v,~ll Include bench/prior scale testing to determine the
transmlssivlt3 of the treated effluent at PCWRP This mformauon v, lll be used to
aid in the preparation of sx stem cost
2 The CDM Team will conduct w~th City staff a pre-design workshop {Workshop
No 2) to review the lmtial improvement alternatives and to perform screening of
these alternatives The aorkshop is intended to provide the forum m which ail
CDM Camp Dresser & McKee
Pecan Creek W~P Irnptovemen~s Proje~
stakeholders can pameipate and comment on alternative development It will
focus on consensus budding among the attendees on the critical elements such as
process selection, equipment reliability, system flexibility, operations and
maintenance concerns, cost ~mpact, etc Through creative thinking and evaluation
process, a list of the most viable alternatives will be developed for further
analysts
3 The CDM Team will then utd~ze the mathematical process model selected under
Ta~k BS-2 to validate and fine-rune these most viable alternatives Any changes or
modifications will be documented and dtsmbuted for further review and comment
4 Upon completion of the above subtasks, thc CDM Team will document the work
of th~s task as a TM entitled, "Feasible Alternative Idcntlficanon and Screening"
The first draft of tins TM will be produced under tins subtask
r~k BS.3 De#verables
· Imttal dynanuc mathematical model runs
· Workshop mmutes containing comments from project stakeholders and advisors
· Techmcal Memorandum - "Feasible Alternative Idenuficatlon and Screemng" (5
copies)
T~$k 85-4 Altomat~v~s Evaluation ~nd Recoct)mondat~ns
Task Ob. lec~ves To surface 'best value" alternative for the City based on established
goals and objectives and optmalzed performance criteria
Subtasks
The improvement alternatives developed under Task SB-3 will be further refined
Refinement efforts will take into account
· Reliability and flexibility enhancement
· Ease of operations and maintenance
· Reduction of cost to benefit ratio
· Project goal and objective compliance
· Project Team's confidence level that a particular improvement is bufldable,
operable, and maplementable within the constraints for which the project is
subject
2 A decision matrix wdl be produced that addresses the non-economic and economic
factors associated with making decisions as to which alternatixe best fits the Clt) s
defined needs The disadvantages and ad% antages of each alternat~ e will be
discussed and the recommended improvement alternati% e(s) v, dl be selected based
on techmcal merits and cost considerations
3 The CDM Team will document the above work of this task as a TM entitled
' Alternatives Evaluation and Recommendations" The first draft of th~s TM v, dl
be produced under this subtask
CDM Camp Dresser & McKee
~xlllDi! A Preliminary ~o~ al
Pecan Creel( WRP improvements Project
T~k 8S-4 Doltverable
Technical Memorandum - "Altemauves Evaluation and Recommendations" (5
copies)
Task 88-5 Develop the Recommended Plan
Task Obsecttves To prepare prelu'nm~try design documents to show schematm design of
the recommended unprovements, refine the esttmate of probable construction costs, and
develop an uuplementauon plan based on the prelumnary design
Subtasks
1 The CDM Team wtll prepare prelunmary design documents to include
· Design cntena
· S~zmg of major eqmpment, electrical loads, control scheme, etc
· Drawings to show plans and sections of ma3or process unprovements
· Process diagrams
2 The CDM Team will prepare a refined budgetary cost using the prehmmary
design documents The esttmate will be based on recent bids of sumlar facthues,
m-house data, rough material take-off and vendor input
3 An tmplementation schedule will also be developed based on the proposed
trnprovements and City's tn'ne constraints
4 The CDM Team w~l! document the above work 0f this task in a TM entitled,
"Recommended Plan' The first draft of this TM wall be produced under this
subtask
Task BS-5 Dehverablas
· Revised Budgetary Cost
· Implementation Schedule
· Technical Memorandum - "Recommended Plan" (5 copies)
CDM Camp Dresser & McKee
Exhibit A F'ml~mlnaty Scope o! Work
Pecan Creek WRP Improvements Prole~
Task BS-6 Prepare and Ftnahze Project Design Report
Task Objective To document the above Work and to obtain thc consensus of project
team members as to the project's overall direction and expected outcome
Subtasks
1 The CDM Team wall compile the Work performed under Tasks BS-1, BS-2, BS-3,
BS-4 and BS-5 into a prelunmary Design Report Ten copies of the prelunmary
Design Report will be submitted to the City's project team for review and
comment
2 Sunultaneous to the City submission, the CDM Team ~ (hsmbute copies of the
prelunma.~ Design Report to tis tectuucal review team for quality
assur, mce/quahty conu'ol purposes
3 Workshop No 3 will be schedule and convened after both the City project team
and CDM's internal techmcal review team have had adequate tune to review the
prelunmav/Design Repot The results of all reviews will be shared and d~scussed
during Workshop No 3 and appropriate revtslons to the report agreed to
4 The CDM Team sill also submit the prelunmary Destgn Report to all apphcable
regulato~ author~ties for review and comment and will interface with such as
required to obtain their consensus of action
$ The results of all review comments will then be incorporated into a final Design
Report Ten coptes of this final Design Report {viii then be submltlcd to the City's
project team for approval
Task B$-§ Dollvorebl~
· Prelunmary Design Report (10 copies)
· Workshop No 3 Minutes compiling the results of all review comments m
"Comment," "Response. and "Action" format
· Minutes of all meetings with regulatory authorities
· Final Destgn Report (10 copies)
Special Services
Task SS 1 - Assist In Coord~na~ on wrth TNRCC on Perrn~ Issues
Task Ob. leCtUres To negotiate a fair discharge limit for PCWRP reflective of thc
assimi]atl', e capabiht~ of the Pecan Creek under design condit~ons
Subtasks
The CDM Team w~ll peHorm reconnaissance on regulator) issues to determine
TNRCC s concerns The CDM Team will assist the City in assessing the
assimilative capabdlt~, of Pecan creek and in formulating sar~ous effluent hmlt
scenarios based on the stream modeling results (by UmversiCv of North Texas~
The CDM Team will also determine the impact of the best the worst and the
CDM Camp Dresser & McKee
~xmbt! I ~fel~m~nan/ ~ o! Won(
Pecan Creel( ~,~, ,P Improvements Pm]ecl
hkely permit scenarios on potential unprovement cost based on the treatment
capability of the existing facilities
2 The CDM Team will assist m preparing waste load allocation rationale and
TNRCC presentation strategies
3 The CDM Team will assist m presenting rationale to TN'RCC and revtsmg the
document as required to obtain regulatory concurrence The CDM Team will
assist m negotiating a discharge condmon with TNRCC and obtatmng a new
d~scharge perrmt for PCWRP
Task SS-1 Deln, erable
None
Task SS-2 Perform Topographic Survey and Subsurlace Invasbgabon
Task Ob. lectzves To obtain m.formation and data necessary for design of thc
unprovements
1 The CDM Team will obtain a subconsultant to perform topographic and utility
surveys to provide udormatlon required for the unproveme~,t project
2 The CDM Team will obtain a geotechnical subconsultant to perform additional
subsurface exploration work to ascertain foundanon capabilities for the
unprovements
Task SS.2 Dehverablas
· Surve) Drawings (l set)
· Geotechmcal Repons (2 copies)
Task SS 3 Conduct Plant Visits
Task ObJectives To capture lessons learned by others related to operations and
maintenance concerns of equipment or systems under conslderanon
Subtask
Conduct three visits to other wastewater facilities that have operational equipment
or systems which are being considered for PCWRP The equipment or systems to
visit include but are not lumted to Iow pressure/medium intensity UV systems
medium pressure/high intensity UV systems membrane mmrofiltr~t,nn system
and aerated static pile compostmg
Task SS 3 Deflverable
· Photos of equipment and systems taken dunng plant s ~s~ts
Phase II. F~nal Design
CDM Camp Dresser & McKee
Exhibit A Preliminary Scope of Work
Pecan Creel( WRP Imptovemenf$
(Tasks to be developed)
Phase III - Biddtng and Construction
(Tasks [o be developed)
Phase IV. Resident Englneenng SeMces
(Tasks to be developed)
Phase V- Start-up, Tmntng, and Operation Assistance
(Tasks to be developed)
CDM Camp Dresser & McKee
Exhibit B
Compensation
Pecan Creek WRP Improvements Project
City of Denton, Texas
A Attachment 1 - Summary of Fee for Basic Services
B Attachment 2 - Level of Effort and Fee Calculation for Task BS-1
C Attachment 3 - Level of Effort and Fee Calculation for Task BS-2
D Attachment 4 - Level of Effort and Fee Calculation for Task BS-3
E Attachment 5 - Level of Effort and Fee Calculation for Task BS-4
F Attachment 6 - Level of Effort and Fee Calculation for Task BS-5
G Attachment 7 - Level of Effort and Fee Calculation for Task BS-6
H Attachment 8 - Summary of Fee for Special Services
I Attachment 9 - Level of Effort and Fee Calculation for Task SS-I
J Attachment 10 - Level of Effort and Fee Calculation for Task SS-2
K Attachment 11 - Level of Effort and Fee Calculation for Task SS-3
L Attachment 12 - Schedule of Charges
t
Attachment 12
Schedule of Charges
Hourly Bdhn~ Rates - Year
L0~b0r Category 1999 2000 2001 2002
ProJect Advisor $180 $190 $ 200 $ 210
Project Manager/Pnnclpal $170 $178 $187 $197
Lead D~smphne Engineer $120 $126 $133 $139
O&M Spemahst $110 $116 $122 $128
ProJect Engineer $ 90 $ 95 $100 $105
Staff Engineer $ 70 $ 75 $ 80 $ 85
Res~dentProjectRepresentat~ve $ 45 $ 48 $ 52 $ 56
SemorDesigner $ 65 $ 69 $ 73 $ 77
GraphmTechmemn $ 55 $ 58 $ 62 $ 66
ClencalFC/ordProcessmg $ 45 $ 48 $ 51 $ 54