HomeMy WebLinkAboutResolution No. 2014-008CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014 - 00 $
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF THE COLONY AND CAROLLO ENGINEERS, INC. FOR
DESIGN AND ENGINEERING SERVICES FOR PHASE I OF THE
WASTEWATER TREATMENT PLANT EXPANSION, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into an agreement such that the
Consultant is to provide the following services: DESIGN AND ENGINEERING SERVICES
FOR PHASE I OF THE WASTEWATER TREATMENT PLANT EXPANSION; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Carollo Engineers, Inc., which is attached hereto and incorporated herein by
reference as Exhibit "A," under the terms and conditions provided therein.
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to
exceed $1,436,000.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Professional Services Agreement which is attached and incorporated hereto
as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and
found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby,
in all things approved in the amount not to exceed $1,436,000.00, and the City Manager is hereby
authorized to execute the Contract on behalf of the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 4th day of February,
2014.
A
Christie Wilson, City Secretary
City Attorney
Xe McCoufry, Mayor
City of The Colony, T
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TEXAS
STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services ("Agreement") is made by and between the City
of The Colony, Texas, a municipal corporation located in Denton County, Texas ("City"), and
Carollo Engineers, Inc. ("Professional") (individually, each a "Party" and collectively, "Parties"),
acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for The City o
The Colony Stewart Creek Wastewater Treatment Plant Expansion Project — Phase 1 ("Project") in
accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional's profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing that it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 1
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled "Scope of Services". In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project ("Project Documents") are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights, in
and to all such Project Documents, whether in draft form or final form, which are produced at
City's request and in furtherance of this Agreement or for the Project. City shall have full authority
to authorize contractor(s), subcontractors, sub -subcontractors, City consultants, and material or
equipment suppliers to reproduce applicable portions of the Project Documents to and for use in
their execution of the work or for any other purpose. All materials and reports prepared by
Professional in connection with this Agreement are "works for hire" and shall be the property of
City. Professional shall, upon completion of the services provided under this Agreement, or upon
earlier termination of this Agreement, provide City with reproductions of all materials, reports, and
exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic
format if requested by City. Any re -use of the Project Documents by the City on any other project
not contemplated or included under this Agreement shall be at the City's sole risk, without liability
to Professional. Professional's instruments of service hereunder are the printed hard copy drawings
and specifications issued for the Project, whereas electronic media, including CAD files, are tools
for their preparation. As a convenience to City, Professional shall furnish to City both printed hard
copies and electronic media. In the event of a conflict in their content, the printed hard copies shall
take precedence over the electronic media. Because data stored in electronic media form can be
altered, inadvertently, it is agreed that City shall hold Professional harmless from liability arising
out of changes or modifications to Professional's data in electronic media form in City's possession
or released to others by City.
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 2
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the "Work Schedule"), which is attached hereto and incorporated as Exhibit B.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within
a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the basic services specifically as set forth in Exhibit
"A" by payment of a fee not to exceed $ 1,436,000.00 .
5.1 A City shall pay Professional for specific special services on an individual basis as
approved by City, not to exceed the item budgeted amount as set forth in Exhibit "A".
5.2 Professional shall submit to City an invoice supporting the amount for which
payment is sought. Each invoice shall also state the percentage of work completed on the Project
through the end of the then submitted billing period, the total of the current invoice amount, and a
running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
payments in the amount shown by Professional's approved invoice and other documentation
submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 3
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, and
within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior to
Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
6.5 City shall furnish Professional available studies, reports and other data pertinent to
Professional's services; obtain or authorize Professional to obtain or provide additional reports and
data as required; furnish to Professional services of others required for the performance of
Professional's services hereunder, and Professional shall be entitled to use and rely upon all such
information and services provided by City or others in performing Professional's services under this
Agreement.
6.6 City shall arrange for access to and make all provisions for Professional to enter
upon public and private property as required for Professional to perfonn services hereunder.
6.7 The parties agree that Professional shall be indemnified to the fullest extent
permitted by law for all claims, damages, losses and expense including attorney's fees arising out of
or resulting from the construction contractor's performance of work including injury to any worker
on the job site. Additionally, Professional shall be named as additional primary insured(s) by the
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 4
construction contractor's General Liability and Builders All Risk insurance policies without offset
and all Construction Documents and insurance certificates shall include wording acceptable to the
parties herein with reference to such provisions.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent contractor,
and City assumes no responsibility or liability to any third party in connection with the services
provided by Professional under this Agreement. All services to be performed by Professional
pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an
agent, servant, representative, or employee of City. Professional shall supervise the performance of
its services and shall be entitled to control the manner, means and methods by which Professional's
services are to be performed, subject to the terms of this Agreement. As such, City shall not train
Professional, require Professional to complete regular oral or written reports, require Professional
to devote his full-time services to City, or dictate Professional's sequence of work or location at
which Professional performs Professional's work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City's review, approval, nor acceptance of, nor payment for any of, the
services provided under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement, and Professional shall be and remain liable to City in accordance with
applicable law for all damages to City to the extent caused by Professional's negligent performance
of any of the services furnished under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: City Manager
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 5
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non -
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE: If the insurance is written on a claims -made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insured on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non -renewal, termination, or reduction in
coverage of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Rizht to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during non -nal working
CITY of THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 6
I
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas, The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 7
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City Manager
City of The Colony
6800 Main Street
The Colony, Texas 75056
If intended for P1 rofessional:
S7 i 0 - F T --
With Cop_�to:
Tod Maurina, Asst. City Mgr./Dev. Project Mgr.
City of The Colony
6800 Main Street
The Colony, Texas 75056
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10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub -consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY'S
FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 8
EXTENT CAUSED BY PROFESSIONAL'S PERFORMANCE OF SERVICES UNDER
THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF
PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE
ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH
ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
CITY. IN THE EVENT THE SUBJECT ACTION ALLEGES NEGLIGENCE ON THE
PART OF PROFESSIONAL AND/OR CITY, OR ANY THIRD PARTIES NOT UNDER
CONTRACT WITH PROFESSIONAL, PROFESSIONAL'S OBLIGATIONS REGARDING
CITY'S DEFENSE UNDER THIS PARAGRAPH INCLUDE ONLY THE
REIMBURSEMENT OF CITY'S REASONABLE DEFENSE COSTS INCURRED TO THE
EXTENT OF PROFESSIONAL'S NEGLIGENCE AS EXPRESSLY DETERMINED BY A
FINAL JUDGMENT, ARBITRATION, AWARD, ORDER, SETTLEMENT, OR OTHER
FINAL RESOLUTION. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION
SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE
MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER
THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING
OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO
BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN §
271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS
SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. PROFESSIONAL
SHALL NOT BE RESPONSIBLE FOR WARRANTIES, GUARANTEES, FITNESS FOR A
PARTICULAR PURPOSE, BREACH OF FIDUCIARY DUTY, LOSS OF ANTICIPATED
PROFITS OR FOR ECONOMIC, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO
CITY OR ANY THIRD PARTY ARISING OUT OF BREACH OF CONTRACT,
TERMINATION, OR FOR ANY OTHER REASON WHATSOEVER. ADDITIONALLY,
PROFESSIONAL SHALL NOT BE RESPONSIBLE FOR ACTS AND DECISIONS OF
THIRD PARTIES, INCLUDING GOVERNMENTAL AGENCIES, OTHER THAN
PROFESSIONAL'S SUBCONSULTANTS, THAT IMPACT PROJECT COMPLETION
AND/OR SUCCESS.
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 9
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information" means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities, that
is of a non-public, proprietary or confidential nature including, without limitation, information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses, compilations, studies or other documents, whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall not
include such information that is or becomes generally available to the public other than as a result
of disclosure to Professional, or is required to be disclosed by a governmental authority under
applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be perfonned pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1)
this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both; and (2) the terms of this Agreement are not intended to release, either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
EXECUTED this day of SCJ
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page 10
City of The Colony, Texas
By:
anager
Att st
jlo�' n
W"
City Secretary �"L-L
EXECUTED this Sf day of F�-C, 520 .
Professional
By: 5� "
Name: '�;" -r-7
Title: 5e A/(,-;- i, -
Name:
Title: lJfVC" VY4 C19
Attest:
- 4 a r=F
Corporate Secretary o
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT — Page I I
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Exhibit A
Scope of Services
SCOPE OF WORK
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
TABLE OF CONTENTS
BACKGROUND.....................................................................................................................1
GENERALDESCRIPTION....................................................................................................1
IA. PHASE I (UPGRADE TO 4.5 MGD) - DESIGN PHASE: PREPARATION OF
CONSTRUCTION PLANS AND SPECIFICATIONS....................................................2
TASK IA.1.0 Project ManagEment...........................................................................2
IA. 1.1 Project Management ............................................. I............................
2
IA. 1.2 Project Setup.......................................................................................
2
IA.1.3 Meetings.............................................................................................
2
IA. 1.2 Design Review Workshops................................................................. 3
Task IA.2.0 hydraulic profile and process modeling.................................................4
IA.2.1 Data Collection....................................................................................
4
IA.2.2 Hydraulic Profile..................................................................................
4
IA.2.3 Process Model....................................................................................
4
Task IA.3.0 BASIS OF DESIGN MEMORANDUM...................................................4
Task IA.4.0 preparation of contract documents (plans and specifications) ..............6
IA.4.1 Design Elements.................................................................................
6
Task IA.5.0 Quality Control Description....................................................................9
TaskIA.6.0 deliverables.........................................................................................10
IA.6.1 Preliminary Engineering Review Submittal .......................................
10
IA.6.2 Intermediate Design Review Submittal ............................................
11
IA.6.3 Final Review Submittal.....................................................................
11
IA.6.4 Final Bid -Issue Contract Documents ................................................
11
IA.6.5 TCEQ Review...................................................................................
11
TaskIA.7.0 Specifications.....................................................................................12
Task IA.8.0 Construction cost estimate.................................................................12
IB. SERVICES DURING BIDDING PHASE.........................................................................13
TASK 113.1.0 Project Managment............................................................................13
16.1.1 Project Management.........................................................................
13
TASK IB.2.0 Bidding assistance.............................................................................13
16.2.1 Printing and mailing of plans, specifications, and addenda ...............
13
IB.2.2 Pre -Bid Conference...........................................................................
13
IB.2.3 Contractor's Questions.....................................................................
13
18.2.4 Addenda............................................................................................14
16.2.5 Evaluation of Bids............................................................................
14
STANDARDOF CARE........................................................................................................14
THIRDPARTIES..................................................................................................................14
PHASE SS - SPECIAL SERVICES........................................................................................1
TASK SS.1.0 Special Engineering Services............................................................1
SS.1.1 Electrical System Studies....................................................................
1
SS.1.2 Additional Electrical Upgrades............................................................
1
SS.1.3 SCADA Programming............................................................................
1
SSAA Land Surveying................................................................................
1
SS.1.5 Additional Geotechnical Investigation ..............................................
1
SS.1.6 Odor Dispersion Model....................................................................
2
Carollo Professional Agreement — v4 Final
Page
SCOPE OF WORK
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
SS.1.7 Odor Control Design........................................................................ 2
SS.1.8 ADA Review Submittal.................................................................... 2
ADDITIONAL ENGINEERING SERVICES............................................................................3
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
BACKGROUND
The Stewart Creek Wastewater Treatment Plant (WWTP) is in need of process
improvements to meet new and stricter regulations and a capacity expansion to
accommodate accelerated residential and commercial growth occurring at the City of The
Colony. The capacity expansion will be phased into two construction projects as follows:
1. Phase 1 — Expansion to 4.5 mgd
2. Phase 2 — Expansion from 4.5 to 6.1 mgd
GENERAL DESCRIPTION
The following Scope of Services describes the professional services associated with the
Expansion Design at the Stewart Creek WWTP. The Project will be organized as follows:
IA. Phase 1 Design Phase.
IB. Phase 1 Services during bidding phase.
The Scope of Services addresses the additions and modifications of components generally
associated with the following facilities:
New Facilities to be Constructed
1. Aeration basin influent splitter structure
2. Secondary treatment Train C
3. Aeration blower building
4. Chemical feed system for phosphorus removal
5. Filtration facility
6. Post -aeration
7. Effluent flow measurement
8. Sludge thickening
9. Electrical, Instrumentation, and Control (EI&C) systems
Existing Facilities to be Modified
1. Influent pump station (IPS) modifications
2. Grit handling system modifications
3. Secondary treatment trains modifications
4. Chemical feed system for chemical phosphorus removal
5. Disinfection system modifications
6. Sludge holding tank modifications
7. Dewatering modifications
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
IA. PHASE I (UPGRADE TO 4.5 MGD) - DESIGN PHASE:
PREPARATION OF CONSTRUCTION PLANS AND
SPECIFICATIONS
ENGINEER will perform the following tasks under the Phase 1 Design Phase. It is assumed
that only one contract package without any pre -purchased equipment will be included in the
final design. However, equipment identified will have a maximum pre -negotiated price with
the supplier. The following section details the scope of services for this phase.
TASK IA.1.0 PROJECT MANAGEMENT
IA.1.1 Project Management
Description: ENGINEER will manage and control professional services to provide efficient
completion of the project. Under this task, we will provide the following documents:
1. Monthly Project Invoices
2. Monthly Decisions Logs / Action Item List Updates
Assumptions: A 9 -month design period has been estimated.
IA.1.2 Project Setup
Description: ENGINEER will prepare a project management plan, including quality
management plan, staffing plan, schedule, decision log, and project delivery plan. Include
project schedule and deliverables. Identify information needed to complete the work and
establish the contact information and procedures for the Project.
Deliverables: Project Management Plan
IA.1.3 Meetings
Description: ENGINEER will conduct a project kickoff meeting and up to five (5) bimonthly
coordination calls to obtain decisions and input from CITY. ENGINEER will develop meeting
agendas and materials. ENGINEER will prepare meeting notes. Meeting minutes will
include update of the action item log, decision and change logs that will be distributed to the
project team.
IA.1.3.1 Project Kickoff Meeting
The Project Team will conduct a Project kick-off meeting with the CITY and its
representatives and any other project stakeholders that the CITY elects to include in the
meeting. The purpose of this meeting will be as follows:
1. Introduce the Project Team.
2. Review the Project Scope of Work.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
3. Review the Project Schedule.
4. Identify CITY Contacts.
5. Establish Communication Protocol and Project Procedures.
6. Discuss Existing Plant utilization and new plant equipment selection.
7. Develop a Project Meeting Schedule.
IA.1.3.261monthly Coordination Calls
The Project Team will conduct bimonthly coordination calls with the CITY and its
representatives and any other project stakeholders that the CITY elects to include in the
meeting.
Assumption: Five (5) coordination calls.
IA.1.3.3TCEQ Coordination Meeting
ENGINEER will meet with the Texas Commission on Environmental Quality (TCEQ) to
discuss 30 TAC Chapter 217 requirements, potential variances (peak flow, setback, and
odor control requirements) and the development of a Nuisance Odor Prevention Plan.
Assumption: One (1) meeting.
IA.1.2 Design Review Workshops
Description: ENGINEER will conduct up to thee (3) design review workshops at respective
junctures in project. Each workshop will be planned to review specific aspects of the design.
ENGINEER will provide the applicable drawings and specifications at least a week prior to
the workshop.
IA.1.2.1Preliminary Engineering Review Workshop
1. All drawings at approximately 30% complete
2. Presentation of renderings of new facilities.
3. Updated preliminary cost estimate.
4. Seven (7) sets and one electronic set of preliminary plans will be provided.
IA.1.2.2intermediate Design Submittal Workshop
1. All drawings and specifications at approximately 60% complete
2. Seven (7) sets and one electronic set of preliminary plans and specifications will be
provided.
IA.1.2.3Final Design Submittal Review Workshop
1. All drawings and specifications at approximately 90% complete
2. Seven (7) sets and one electronic set of plans and specifications in half-size format
will be provided.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
TASK IA.2.0 HYDRAULIC PROFILE AND PROCESS MODELING
IA.2.1 Data Collection
Description: ENGINEER will obtain recent data from CITY to update ENGINEER's record.
Copy and evaluate the necessary information from historical records, ongoing projects,
reports and evaluations to update and develop the necessary information for the design of
the Project elements and facility components.
IA.2.2 Hydraulic Profile
Description: ENGINEER will complete an excel based hydraulic profile for the new plant to
size new and odified hydraulic conveyances.
IA.2.3 Process Model
Description: ENGINEER will update and modify the BioWin process model of the new plant
facilities to size the new facilities.
TASK IA.3.0 BASIS OF DESIGN MEMORANDUM
Description: ENGINEER will prepare a Basis of Design Memorandum (BDM) that includes
the following facilities:
1. IPS Modifications
(a) The existing IPS will be modified to provide redundancy and handle the
design flows.
2. Headworks
(a) The existing grit handling system will be modified to prevent clogging.
3. Aeration Basin Influent Splitter Structure:
(a) A new aeration basin influent splitter structure will be constructed to provide
adequate flow split between the existing, new, and future secondary
treatment trains.
4. Aeration Basins:
(a) The existing secondary treatment trains will be modified to provide biological
phosphorus removal and alkalinity recovery.
(b) A new secondary treatment train will be provided as part of the expansion.
5. Blower Building:
(a) A new Blower Building will be provided for the expansion.
(b) Dissolved oxygen (DO) control will be provided for the existing and new
portion of the plant.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
6. Secondary Clarifiers
(a) Existing clarifiers will not be modified except for the RAS underflow piping.
(b) A new secondary clarifier will be provided for the expansion.
(c) A new RAS/WAS Pumping System will be provided.
7. Chemical Precipitation
(a) A new chemical precipitation system will be constructed to provide secondary
effluent polishing.
(b) The new chemical precipitation will also provide a backup to for the biological
phosphorus removal process.
8. Filters
(a) Existing filters will not be modified.
9. UV Disinfection
(a) The existing UV disinfection system will be modified to meet the design plant
capacity.
(b) Two new UV modules will be added to the existing channels.
10. Solids Handling
(a) A diffused air system will be added to the sludge holding tank.
(b) A new sludge thickening system will be provided.
11. Sitework / Drainage:
(a) The conceptual site civil design for grading, drainage, roadways, sidewalks,
fencing, landscaping, etc. will be completed.
12. EI&C
(a) Data Collection and Analysis: Includes the work required to gather and
compile the data from previous reports and studies, plant operational records,
previous construction projects, and additional information as required to
complete the BDM.
(b) Site Investigation and EAC Equipment Condition Assessment
(c) Electrical Load Study: Develop an updated electrical load study, including:
(i) Existing loads
(ii) New loads
(ii) Future loads
(d) Electrical Utility Coordination Study: Coordinate with the Electric Utility with
respect electric service load requirements due to the W`WTP's expansion.
Typical topics and issues that are considered and coordinated include:
(i) Service voltage.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
(ii) Number of services.
(iii) Metering.
(iv) Voltage flicker.
(v) Harmonics.
(vi) Power factor.
(vii) Electric load data analysis (existing, new, and future).
(viii) Motor starting.
(ix) Standby generation requirements.
(x) Temporary power requirements.
(xi) Construction schedule and critical path analysis for power available
on site.
(e) Code and Agency Review and Analysis
(i) Regulatory Requirements.
(ii) Identify Applicable Codes:
— NFPA 70 — National Electric Code.
— NEC 708 — Critical Operations Power Systems.
— NFPA 820 — Fire Protection in Wastewater Treatment and
Collection Systems.
— NFPA 70E — Electrical Safety in the Workplace.
— SCADA System: Incorporation of new plant facilities into
existing SCADA system.
TASK IA.4.0 PREPARATION OF CONTRACT DOCUMENTS (PLANS AND
SPECIFICATIONS)
Description: Develop design features for each of the Basic Services project elements as
defined in the BDM. Preparation of the plans and specifications is based upon preparing
one package of bid documents for construction of the project elements. The bid package
will include some predetermined equipment as identified below that will be pre -negotiated
during the design process. It is anticipated the Basic Design Facilities project elements
identified on Page 1 will require plans and specifications.
IA.4.1 Design Elements
The final design will include the following design elements:
IA.4.1.1Existing Facility Modifications
1. Expand IPS for peak flow of 18 MGD.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
(a) Install variable frequency drive (VFD) on one existing pump.
(b) Provide one new pump with VFD to match existing.
(c) Provide two new 50 hp pumps with VFDs to better match influent flows.
(d) Structural and piping modifications to create redundant wet well.
(e) Rehabilitate existing coating.
2. Modify grit pumping system.
(a) Modify piping to decrease clogging potential.
3. Modify the existing aeration basins to provide efficient biological phosphorus
removal and alkalinity recovery.
(a) Install mechanical mixers in non-aerated zones.
(b) Construct an anoxic zone and install an internal mixed liquor recirculation
pump with VFD in each basin.
(c) Modify existing non-aerated zones to prevent air entrainment due to weirs
between zones.
(d) Install spray bars over the oxic zones and clarifier diversion boxes for foam
control.
(e) Install diffusers inside clarifier diversion structures to prevent secondary
phosphorus release and matting.
4. Modify the aeration blower system.
(a) Connect existing blower discharge piping.
(b) Install DO control system for existing trains.
5. Modify the existing RAS/WAS pumping system.
(a) Modify RAS underflow pipe to decrease clogging potential.
(b) Install new pumps with VFDs to convey RAS from the existing clarifier
underflow boxes to the associated aeration basin.
(c) Install new WAS pumps.
(d) Decommission the existing RAS/WAS wet well (repurposed to split IPS wet
well).
6. Expand UV disinfection capacity.
(a) Install two new UV modules in existing disinfection channels.
(b) Assumption: the electrical system is setup for the two new modules.
7. Decommission the existing effluent meter.
8. Install diffused air system in the existing sludge holding tank to prevent secondary
phosphorus release.
(a) Relocate two 75 hp blowers from Train B to the solids handling facility.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
(b) Assumption: the blowers are in good condition and the existing IFAS system
is provided with dedicated new air supply system.
9. Improvements and/or replacement of the existing electrical assets based on findings
of condition assessment
IA.4.1.2Aeration Basin Influent Splitter Structure
1. Provide a new splitter structure to provide adequate flow split between the existing,
new, and future aeration basins.
2. Level sensors will be provided for flow measurement between trains.
IA.4.1.3Aeration Basins
1. Provide one (1) new concrete aeration basin for a 1.7 mgd capacity.
2. Provide pre -anoxic, anaerobic, anoxic, and oxic zones.
3. Provide mechanical mixers in non-aerated zones.
4. Provide membrane fine -bubble diffusers in aerated zones.
5. Provide internal mixed liquor recirculation.
6. Provide automated DO control system.
IA.4.1.4 Blower Building
1. Provide new blower building (slab on grade with canopy).
2. Relocate two 250 hp existing blowers from Train A to the new blower building.
3. Provide new electrical room as part of blower building.
4. Assumption: the blowers are in good condition and the existing IFAS system is
provided with dedicated new air supply system.
IA.4.1.5Secondary Clarifier and RAS/WAS Pumping System.
1. Provide one (1) 85 -foot secondary clarifier.
2. Provide RASIWAS pump station on slab on grade (no building).
IA.4.1.6Chemical Feed System
1. Install chemical feed system (storage tank and feed pumps) for polishing and to
serve as a backup for the biological phosphorus removal process.
2. Injection points will be provided at the existing secondary clarifiers as well as at the
new process facilities.
IA.4.1.7Effluent Meter
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
1. Provide a new effluent meter vault with a magnetic flow meter for a peak flow
capacity of 24.4 mgd.
IA.4.1.8 Solids Handling
1. Provide a new sludge thickening system.
IA.4.1.9Site Improvements
1. Provide site grading for plant drainage.
2. Surveying and geotechnical investigation is included in Special Services.
3. Provide piping to convey water between structures.
4. Road/pavement, finish grading and restoration of topsoil and seeding limited to the
immediate area near the new facilities.
5. Provide lighting on new structures.
IA.4.1.10 Electrical Improvements
1. Provide new electrical equipment for the new facilities and equipment for the
previously detailed design elements.
It is assumed that the stand-by generator and plant feed are adequate for the
project. The design of a new generator and plant electrical feed are included in
Attachment B — Special Services and can be authorized by the CITY as required.
IA.4.1.11 I&C Improvements
1. Provide new or expand existing Plant Control System for new plant.
2. Integrate existing plant into new Plant Control System (existing alarms and
monitoring).
3. SCADA programming is not included as part of basic services. See Attachment B —
Special Services for SCADA programming Services and can be authorized by the
CITY as required
TASK IA.5.0 QUALITY CONTROL DESCRIPTION
Description: ENGINEER will administer quality control procedures to provide plans and
specifications that meet the standard of care for public works construction. All documents
will be subject to ENGINEER's standard quality management procedures for planning,
coordination, checking, reviewing, and scheduling the work. Specific quality management
tasks will include:
1. Detailed review of project submittals by project design team,
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. 11
ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
2. Identification of a project review team employed by the ENGINEER, consisting of
qualified individuals not directly involved in the design or supervision of the work.
(a) Internal peer review at 30% and 60% completion.
(b) Internal constructability and operability review at 60% completion.
3. Discipline checks on all design calculations, drawings specifications, cost estimates
and reports.
4. A multidiscipline design review (check), by the project review team, before final
submittal, to provide coordination and avoid conflicts.
TASK IA.6.0 DELIVERABLES
IA.6.1 Preliminary Engineering Review Submittal
1. Draft process and instrumentation drawings.
2. Equipment location drawings.
3. Hydraulic profile.
4. Electrical single line.
5. Preliminary site plans.
6. Preliminary cost estimate.
7. Preliminary renderings of new facilities.
8. No specifications are included in this submittal.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
IA.6.2 Intermediate Design Review Submittal
1. Design drawings and specifications at approximately 60% complete
2. Process and instrumentation drawings
3. Equipment location drawings and all piping larger than 24"
4. Updated hydraulic profile
5. Site plans showing all piping larger than 24" and preliminary electrical duct bank
locations
6. Electrical single line
7. Preliminary schematic diagrams
8. Updated cost estimate
IA.6.3 Final Review Submittal
1. Design drawings and specifications at approximately 90% complete
2. Previous review comments will have been incorporated
3. Provide with a list of sole -source equipment including a written price quote for each
item on the list that will be included in the Bid Form
4. Final cost estimate
IA.6.4 Final Bid -Issue Contract Documents
1. Design drawings and specifications at 100% complete
2. Previous review comments will have been incorporated
IA.6.5 TCEQ Review
1. Submit one (1) copy of Bid -Issue documents to TCEQ for review including the
application form. CITY will pay the cost of application fee, if required by TCEQ.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
TASK IA.7.0 SPECIFICATIONS
Preparation of instructions to bidders, bid form, general and supplementary conditions and
technical specifications required for the Project. All front-end General/Special Conditions
will be prepared using the CITY's standard format. Technical S
TASK IA.8.0 CONSTRUCTION COST ESTIMATE
Update the Preliminary Cost Estimate at the preliminary engineering, intermediate design,
and final design stages. Immediately inform the CITY regarding these changes. Provide a
final project cost estimate prior to the Bid Date.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
IB. SERVICES DURING BIDDING PHASE
Services under Phase 1 B are performed during the bidding phase. The following section
details the scope of services for this phase.
TASK I13.1.0 PROJECT MANAGMENT
16.1.1 Project Management
1B.1.1.1Monthly Management
Description: ENGINEER will manage and control professional services to provide efficient
completion of the project. Under this task we will provide the following documents:
1. Monthly Project Invoices
2. Monthly Decisions Logs / Action Item List Updates
TASK I13.2.0 BIDDING ASSISTANCE
16.2.1 Printing and mailing of plans, specifications, and addenda
1. Seven (7) sets of bid documents will be furnished to the CITY under this task along
with two (2) full-sized bid -issue drawing sets and seven (7) CDs containing the Bid
Documents. In addition, two (2) complete sets of bid documents will be furnished to
the CITY. The Bid Document set format will be specifications and half -sized (11 x
17) drawings. Both the Bid Documents and full-sized drawing sets will be made
available by ENGINEER to the Contractor's and Suppliers. A CD with digital PDF
copies of the Bid Documents (specifications and Half -sized drawings) will be
included with each Bid Document set purchased by the Contractors or Suppliers.
2. ENGINEER will determine the sale price of the Bid Documents and full-sized
drawings to recover the cost of printing and mailing and shall receive the revenue
from their sale as reimbursement for printing, mailing, and handling costs.
16.2.2 Pre -Bid Conference
1. Assist with meeting and provide minutes of the meeting to the CITY.
I13.2.3 Contractor's Questions
1. Interpretation of intent of plans and specifications, and provide clarifications to
bidders.
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ATTACHMENT A
SCOPE OF WORK — BASIC SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
16.2.4 Addenda
1. Preparation of addenda to plans and specifications, and mailing of the same during
bid period.
16.2.5 Evaluation of Bids
1. Assist the CITY in evaluating and tabulating the bids. Provide consultation on the
acceptability of the general contractors and proposed subcontractors. Provide a
written evaluation and recommendation for award.
STANDARD OF CARE
ENGINEER shall be responsible to the level of competency and standard of care presently
maintained by other practicing Professional Engineers performing the same or similar type
of work at the time notice to proceed is issued. ENGINEER and the CITY mutually agree
that standard of care, as applied to design professionals, shall be defined as the ordinary
and reasonable care required and established by expert testimony of what a reasonable
and prudent professional would have done under the same or similar circumstances.
ENGINEER shall not be responsible for the means, methods, techniques, sequences, or
procedures of construction selected by contractors or the safety precautions and programs
incidental to the work of contractors, and will not be responsible for Contractor's failure to
carry out work in accordance with the Contract Documents.
ENGINEER has no control over the cost of labor, materials, equipment, or services
furnished by others, or over Contractor's methods of determining prices, or other
competitive bidding or market conditions, practices, or bidding strategies. Cost estimates
are based on the ENGINEER's opinion based on experience and judgment. ENGINEER
cannot and does not guarantee that proposals, bids, or actual project construction costs will
not vary from cost estimates prepared by ENGINEER.
THIRD PARTIES
The services to be performed by ENGINEER are intended solely for the benefit of the
OWNER. No person or entity not a signatory to this Agreement shall be entitled to rely on
the ENGINEER's performance of its services hereunder, and no right to assert a claim
against the ENGINEER by assignment of indemnity rights or otherwise shall accrue to a
third party as a result of this Agreement or the performance of the ENGINEER's services
hereunder."
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ATTACHMENT B
SCOPE OF WORK — SPECIAL SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
PHASE SS - SPECIAL SERVICES
TASK SS.1.0 SPECIAL ENGINEERING SERVICES
Description: Special Services are those services known to be required for completion of the
project that the CITY agrees are to be furnished by ENGINEER or by a subconsultant. The
services are not included in the scope of work of Basic Services or the amount of
compensation for Basic Services. Special Services require separate authorization by the
CITY prior to commencement. The Special Services for this assignment are described as
follows:
SS.1.1 Electrical System Studies
1. Electrical system studies will be performed by Mbroh Engineering, Inc.
2. No deliverable report will be generated from the preliminary study conducted during
the design phase.
3. The report submitted from the final detailed study conducted during the construction
phase will not include any alternatives not incorporated into the design.
4. ENGINEER will provide and install the Arc Flash Warning Labels.
5. $65,000 is budgeted for this task.
SS.1.2 Additional Electrical Upgrades
1. Additional electrical upgrades will be designed by Mbroh Engineering, Inc.
2. Includes design for new stand-by generator and new plant service if required.
3. $90,000 is budgeted for this task.
SS.1.3 SCADA Programming
1. SCADA programming will be performed by Mbroh Engineering, Inc.
2. Includes the programming of HMI and PLCs associated with this project.
3. A not to exceed of $475,000 is budgeted for this task.
SSA A Land Surveying
1. Land surveying will be performed by Brattain and Crawford, LLC.
2. On-site land surveys required for plant expansion.
3. $30,000 is budgeted for this task.
SS.1.5 Additional Geotechnical Investigation
1. Additional geotechnical investigation will be performed by LandTec Engineers, LLC.
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J
ATTACHMENT B
SCOPE OF WORK — SPECIAL SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
2. Additional geotechnical investigation is required for plant expansion.
3. $20,000 is budgeted for this task.
SS.1.6 Odor Dispersion Model
1. The odor dispersion model will be performed by Perkins Engineering Consultants,
Inc.
2. Preparation of sample plan
3. Preparation of sample containers, field test equipment
4. Emissions testing: 2 consecutive days
5. Summarize sample results
6. Set up dispersion model including base map, terrain, met data, odor sources and
receptors
7. Run variations of model to assess affect of odor containment and treatment
alternatives on neighborhood impacts
8. Evaluate treatment alternative based on model results
9. Meeting to discuss Model Results, Conclusions & Recommendations
10. Prepare Technical Memorandum summarizing model results
11. A budget of $26,000 has been provided for this task.
SS.1.7 Odor Control Design
1. Odor control will be designed by Perkins Engineering Consultants, Inc.
2. Design and construction phase services associated with odor control required
pending results of TCEQ Coordination Meeting.
3. A budget of $73,000 has been provided for this task.
SS.1.8 ADA Review Submittal
1. Submittal of Drawings and Specifications to authorized ADA review agency.
2. Modification of drawings and response to accommodate ADA review agency
comments.
3. Coordination of ADA review agency inspection and comments near end of
construction.
4. $15,000 is budgeted for this task.
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ATTACHMENT B
SCOPE OF WORK — SPECIAL SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
ADDITIONAL ENGINEERING SERVICES
Definition: Additional Engineering Services are defined as those not included in the base
services defined in Exhibit A, Basic Services, but that may be provided during the Project
duration. If requested by CITY's, Additional Engineering Services shall be provided by
ENGINEER for additional compensation as agreed to by ENGINEER and the CITY. Special
Engineering Services may include, but are not necessarily limited to, the following:
1. Plotting, computing, and/or filing descriptions of easements and rights-of-way.
2. Assistance to the CITY in obtaining rights-of-way, easements, and property.
3. Assistance to the CITY in obtaining grants, loans, or other means of financing.
4. Additional copies of contract drawings, specifications, and other documents above
the number specified to be furnished in Exhibit A.
5. Assistance to the CITY as expert witness in arbitration or litigation arising from
development or construction of Project.
6. Model tests of equipment such as pumps, valves, and hydraulic structures.
7. Revision of contract drawings after a definite plan has been approved by the Owner.
8. Permit work resulting in added scope work or changes created by conflicting agency
requirements, changes in agency position during permitting process, or agency
submittal requirements above and beyond those identified in permits or pre -
application meetings.
9. Preparation for and participation in hearings resulting from changed conditions
before the TCEQ; the U.S. Environmental Protection Agency (EPA); and/or other
regulatory, permitting or funding agencies.
10. Preparation for and attendance at meetings, at the request of the CITY to present
information regarding the Project, in addition to those provided in the planned
engineering services included in Exhibit A, Basic Services and Exhibit A -1, Special
Services.
11. Preparation of construction cost estimate(s) and/or schedule(s) not otherwise
provided in the planned engineering services included in Exhibit A.
12. Special drainage studies necessary to define the flood plain and/or alterations of the
flood plain. Design of on-site flood protection structures, drainage structures, or
drainage site plans.
13. Process pilot testing, if required.
14. Consultation or other services not otherwise provided in this Agreement.
15. Witnessing of equipment factory testing.
Carollo Professional Agreement - v4 Final
Page B-3
' * {
ATTACHMENT B
SCOPE OF WORK — SPECIAL SERVICES
STEWART CREEK WWTP EXPANSION PROJECT
CITY OF THE COLONY
16. Specialty inspections required for electrical, instrumentation, structural or
mechanical items.
17. Submittal reviews beyond those included in Phase 1 B.
Carollo Professional Agreement - v4 Final
Page B-4
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Exhibit B
Schedule of Work
City of The Colony
Stewart Creek WWTP Expansion, Q•
Phase I Expansion (4.5 mgd) Preliminary Design Schedule
2015 2016
month: 0 1 2 s j S 6-i" Q-17 ;8— .14-2>—
TASKNAME
jan Feb V,;r Ap, may jun JUI-De:. anlun Jul-De( Jan-.' ill
Approval of Selection at Council Meeting
Project Kickoff and Delivery of Project Management Plan
Phase 1: Site investigations
Surveying
Addihonal Geot-chnical Inveitigation
Phase II: Design and Bid Documents Preparation
6TOesign
��
6M, DeliveTablefriternalom
■
60% Deliverable to The Colony
60bRevjevjbyThe&Vny
W, Workshop
9n Design
Deiiverable Internal OM
90% Deliverable to The Colony
90°?S Revjevv byThe Colony
903o Workshop----
IncotporateThe Colony's Comments
Final Deliverable to The Colony
Phase Ill: Bid Phase Services
Adve,1;,,c FxNds
Issuance of Addenda
Pre-Bid Meeting
Bid Opening
--T
Evaluanor, and Reccf-nmeridation of Bids
Phase Ill; Engineering Services During Construction (ESDO
Contract Awdr):tfi-p
Submittai Review
RFIs
a
Final inspections