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Ordinance No. 15,885ORDINANCE NO. 15,885
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
APPROVING A PROGRESSIVE DESIGN -BUILD AGREEMENT (PHASE 1 SCOPE
OF WORK ONLY) BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND
BAYTOWN WATERWORKS PARTNERS, MCCARTHY BUILDING COMPANIES,
INC. AND CAROLLO ENGINEERING, INC. JOINT VENTURE, FOR THE
BAYTOWN AREA WATER AUTHORITY EAST SURFACE WATER PLANT
PHASE 2 PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City
Council approve a contract before Baytown Area Water ("BAWA") enters into the same; and
WHEREAS, on August 21, 2024, the Board of Directors of BAWA met and voted to approve a
Progressive Design -Build Agreement with Baytown Waterworks Partners, McCarthy Building
Companies, Inc. and Carollo Engineering, Inc. Joint Venture ("BWP"), for the Baytown Area Water
Authority East Surface Water Plant Phase 2 Project, subject to the approval of the City of Baytown; and
WHEREAS, the City of Baytown desires to approve the Progressive Design -Build Agreement
(Phase I Scope of Work only) between BAWA and BWP for the Baytown Area Water Authority East
Surface Water Plant Phase 2 Project; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby approves a Progressive
Design -Build Agreement between BAWA and BWP for the Baytown Area Water Authority East Surface
Water Plant Phase 2 Project, which is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes payment in an
amount not to exceed FIVE -MILLION, TWENTY-THREE THOUSAND, ONE -HUNDRED, THIRTY-
ONE AND NO.:100 DOLLARS ($5,023,131.00) to BWP.
Section 3: This Ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 22"d day of August, 2024.
RANDON CAPET[LLO, Mayor
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ANGELA ] CKSON, City C1er
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APPROVED AS T FORM: \{}. y.,=e.. °.�.
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SCOTT LEMOND, City Attorney
R: Ordinances and Resolutions Ordinance Dralis-$?2 2024'.Scott'.Dcsign• Build -Baytown Waterworks Partners. doe
Progressive Design -Build Agreement
for Water and Wastewater Projects
This document has important legal consequences. Consultation with
an attorney is recommended with respect to its completion or modification.
This AGREEMENT is made as of the twenty-second day of August in
the year of 2024 by and between the following parties, for services in connection with the Project
identified below:
OWNER:
BAYTOWNAREA WATER AUTHORITY(BAWA)
7425 Thompson Rd. Baytown, TX 77521
DESIGN -BUILDER:
Baytown Waterworks Partners
15415 Market Street
Channelview. Texas 77530
PROJECT:
BA WA East Surface Water Treatment Plant Phase II Expansion
5359 Grand Parkway, Baytown, TX 77523-5119
In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set
forth herein.
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Article 1
Design -Builder's Services and Responsibilities
1.1 General Services.
1.1.1 Owner shall provide Design -Builder with Owner's Project Criteria describing Owner's
program requirements and objectives for the Project as set forth in Exhibit A. Owner's Project
Criteria shall include Owner's use, space, price, time, site, performance and expandability
requirements. Owner's Project Criteria may include conceptual documents, design specifications,
design performance specifications and other technical materials and requirements prepared by or
for Owner.
1.1.2 if Owner's Project Criteria have not been developed prior to the execution of this
Agreement, Design -Builder will assist Owner in developing Owner's Project Criteria, with such
service deemed to be an additional service for which additional compensation shall be paid by
Owner to Design -Builder. If Owner has developed Owner's Project Criteria prior to executing this
Agreement, Design -Builder shall review and prepare a written evaluation of such criteria, including
recommendations to Owner for different and innovative approaches to the design and construction
of the Project. The parties shall meet to discuss Design -Builder's written evaluation of Owner's
Project Criteria and agree upon what revisions, if any, should be made to such criteria.
1.2 Phased Services.
1.2.1 Phase 1 Services. Design -Builder shall perform the services of design, pricing and other
services for the Project based on Owner's Project Criteria, as may be revised in accordance with
Section 1.1 hereof, as set forth in Exhibit B, Scope of Services. Design -Builder shall perform such
services to the level of completion required for Design -Builder and Owner to establish the Contract
Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be
developed during Phase 1 on an -open-book" basis. Design -Builder's Compensation for Phase 1
Services is set forth in Section 6.0 herein. The level of completion required for Phase 1 Services is
defined in Exhibit B, Scope of Services (either as a percentage of design completion or by defined
deliverables).
1.2.2 Phase 2 Services. Design -Builder's Phase 2 services shall consist of the completion of
design services for the Project, the procurement of all materials and equipment for the Project, the
performance of construction services for the Project, the start-up, testing and commissioning of the
Project, and the provision of warranty services, all as further described in the Contract Price
Amendment. Upon receipt of Design -Builder's proposed Contract Price for Phase 2, Owner may
proceed as set forth in Article 1.3.
1.3 Proposal. Upon completion of the Phase 1 Services and any other Basis of Design Documents
upon which the parties may agree, Design -Builder shall submit a proposal to Owner (the "Proposal") for the
completion of the design and construction for the Project for the Contract Price, which may be based on
Lump Sum or Design -Builder's Fee and Cost of the Work with an option for a Guaranteed Maximum Price
(GMP).
1.3.1 The Proposal shall include the following unless the parties mutually agree otherwise:
1.3.1.1 The Contract Price that maybe based on a Lump Sum or Design -Builder's Fee
and Cost of the Work, with an option for a GMP, which shall be the sum of:
P Design -Builder's Fee as defined in Section 6.4.1 hereof;
0 The estimated Cost of the Work as defined in Section 6.5 hereof, inclusive of
any Design -Builder's Contingency as defined in Section 6.6.2 hereof; and
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0 2022 Design -Build institute at America
iii If applicable, any prices established under Section 6.1.3 hereof;
1.3.1.2 The Basis of Design Documents, which may include, byway of example, Owner's
Project Criteria, which are set forth in detail and are attached to the Proposal;
1.3.1.3 A list of the assumptions and clarifications made by Design -Builder in the
preparation of the Proposal, which list is intended to supplement the information contained
in the drawings and specifications and is specifically included as part of the Basis of Design
Documents;
1.3.1.4 The Scheduled Substantial Completion Date upon which the Proposal is based,
to the extent said date has not already been established under Section 5.2.1 hereof, and
a schedule upon which the Scheduled Substantial Completion Date is based and a Project
Schedule for the Work;
1.3.1.5 If applicable, a list of Allowance Items, Allowance Values, and a statement of
their basis;
1.3.1.6 If applicable, a schedule of alternate prices;
1.3.1.7 If applicable, a schedule of unit prices;
1.3.1.8 If applicable, a statement of Additional Services which may be performed but
which are not included in the Proposal, and which, if performed, shall be the basis for an
increase in the Contract Price and/or Contract Time(s);
1.3.1.9 If applicable, a Savings provision;
1.3.1.10 If applicable, Performance Incentives;
1.3.1.11 The time limit for acceptance of the Proposal; and
1.3.1.12 An Owner's permit list, a list detailing the permits and governmental approvals
that Owner will bear responsibility to obtain,
1.3.2 Review and Adjustment to Proposal.
1.3.2.1 After submission of the Proposal, Design -Builder and Owner shall meet to
discuss and review the Proposal. If Owner has any comments regarding the Proposal, or
finds any inconsistencies or inaccuracies in the information presented, it shall promptly
give written notice to Design -Builder of such comments or findings. If appropriate, Design -
Builder shall: upon receipt of Owner's notice, make appropriate adjustments to the
Proposal.
1 3.2.2 Acceptance of Proposal. If Owner accepts the Proposal, as maybe amended by
Design -Builder, the Contract Price and its basis shall be set forth in an amendment to this
Agreement, when mutually agreed between the parties (Contract Price Amendment). Once
the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed
with Phase 2, Design -Builder shall perform the Phase 2 Services, all as further described
in the Contract Price Amendment, as it may be revised.
1.3.2.3 Failure to Accept the Proposal. If Owner rejects the Proposal, or fails to notify
Design -Builder in writing on or before the date specified in the Proposal that it accepts the
Proposal, the Proposal shall be deemed withdrawn and of no effect. In such event, Owner
and Design -Builder shall meet and confer as to how the Project will proceed, with Owner
having the following options:
DBIA Document No. 545 Modified Page 3
Progressive Design -Build Agreement for Water and Wastewater Projects
:') 2022 Design -Build Institute of America
i Owner may suggest modifications to the Proposal, whereupon, if such
modifications are accepted in writing by Design -Builder, the Proposal shall be
deemed accepted and the parties shall proceed in accordance with Section
1.3.2.3 above;
ii Owner may authorize Design -Builder to continue to proceed with the Work on
the basis of reimbursement as provided in Section 6.1.2 hereof without a
Contract Price, in which case all references in this Agreement to the Contract
Price shall not be applicable; or
iii Owner may terminate this Agreement for convenience in accordance with
Article 8 hereof; provided, however, in this event, Design -Builder shall not be
entitled to the payment provided for in Section 8.2 hereof.
If Owner fails to exercise any of the above options, Design -Builder shall have the right to
(a) continue with the Work as if Owner had elected to proceed in accordance with Section
1.3.2.4 ii. above, and be paid by Owner accordingly, unless and until Owner notifies it in
writing to stop the Work; (b) suspend performance of Work in accordance with Section
11.3.1 of the General Conditions of Contract, provided, however, that in such event Design -
Builder shall not be entitled to the payment provided for in Section 8.2 hereof; or (c) may
give written notice to Owner that it considers this Agreement completed. If Owner fails to
exercise any of the options under Section 1.3.2.4 within ten (10) days of receipt of Design -
Builder's notice, then this Agreement shall be deemed completed. If Owner terminates the
relationship with Design -Builder under Section 1.3.2.4(iii), or if this Agreement is deemed
completed under this paragraph, then Design -Builder shall have no further liability or
obligations to Owner under this Agreement.
Article 2
Contract Documents
2.1 The Contract Documents are comprised of the following:
2.1.1 All written modifications, amendments, minor changes and Change Orders to this
Agreement issued in accordance with DBIA Document No. 535, Standard Form of General
Conditions of Contract Agreement Between Owner and Design -Builder (2022 Edition) Modified
("General Conditions of Contract");
2.1.2 The Contract Price Amendment referenced in Section 1.3.2.3 herein or the Proposal
accepted by Owner in accordance with Section 1.3 herein;
2.1.3 This Agreement, including all exhibits
requirements, performance incentive arrangements,
exhibit detailing offsite reimbursable personnel) but
Amendment;
2.1.4 The General Conditions of Contract;
(list for example, performance standard
markup exhibits, allowances, unit prices or
excluding, if applicable, the Contract Price
2.1.5 Construc0on Documents prepared and approved in accordance with Section 1.2.3 of the
General Conditions of Contract;
2.1.6 Exhibit B, Scope of Services; and
2.1.7 The following other documents, if any,
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=% 2022 Design -Build Institute of America
Article 3
Interpretation and Intent
3.1 Design -Builder and Owner, at the time of acceptance of the Proposal by Owner in accordance with
Section 1.3 hereof, shall carefully review all the Contract Documents, including the various documents
comprising the Basis of Design Documents for any conflicts or ambiguities. Design -Builder and Owner will
discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement, or if
applicable, prior to Owner's acceptance of the Proposal.
3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations
required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract
Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with
words and phrases interpreted in a manner consistent with construction and design industry standards. In
the event inconsistencies, conflicts or ambiguities between or among the Contract Documents are
discovered after Owner's acceptance of the Proposal, Design -Builder and Owner shall attempt to resolve
any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take
precedence in the order in which they are listed in Section 2.1 hereof. (Note, the parties are strongly
encouraged to establish in the Contract Price Amendment or Proposal (as applicable) the priority of the
various documents comprising such exhibit or proposal.)
3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have
the meanings given them in the General Conditions of Contract.
3.4 If Owner's Project Criteria contain design specifications: (a) Design -Builder is entitled to reasonably
rely on the accuracy of the information represented in the design specifications and their compatibility with
other information set forth in Owner's Project Criteria, including any design performance specifications; and
(b) Design -Builder shall be entitled to an adjustment in its Contract Price and/or Contract Time(s) to the
extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate
design specification.
3.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by
incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or
other agreements have been made by the parties except as specifically stated in the Contract Documents.
Article 4
Ownership of Work Product
4.1 Work Product. All drawings, specifications and other documents and electronic data, including such
documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under
this Agreement ("Work Product"') are deemed to be instruments of service and Design -Builder shall retain
the ownership and property interests therein, including but not limited to any intellectual property rights,
copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below.
4.2 All documents, including all reports, drawings, specifications, computer software or other items
prepared or furnished by Design Builder pursuant to this Agreement shall be and remain the property of
Owner, provided that the Design Builder has received full compensation due, and the Owner agrees that it
will not use the same in connection with any project other than the Project, including the modification or
expansion of the Project at the Project site, without the prior written consent of Design Builder. The Design
Builder may retain reproducible copies of such documents. Any reuse without written verification or
adaptation by the Design Builder for the specific purpose intended will be at OWNER's sole risk and without
liability or legal exposure to the Design Builder. Any such verification or adaptation by the Design Builder
will entitle the Design Builder to further compensation at rates to be agreed upon by OWNER and Design
Builder.
DBIA Document No 545 Modified Page 5
Progressive Design -Build Agreement for Water and Wastewater Projects
0 2022 Design -Budd Instrtute of America
4.3 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to
Design -Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design -
Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently
occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section
4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design -Builder was
not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design -
Builder shall be entitled to the rights and remedies set forth in Section 4.3 above.
4.4 Owner's Indemnification for Use of Work Product. Owner recognizes that in the event of an early
termination of the Work, whether for convenience or for cause, Design -Builder will not have the opportunity
to finish or to finalize its Work Product. Therefore, if Owner uses the Work Product, in whole or in part
Owner agrees that such use will be at Owner's sole rick and without liability or legal exposure to the Design
Builder.
Article 5
Contract Time
5.1 Date of Commencement. The Phase 1 Services shall commence within five (5) days of Design -
Builder's receipt of Owner's Notice to Proceed unless the parties mutually agree otherwise in writing. The
Work shall commence within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed for
Phase 2 Services ("Date of Commencement") if the Proposal is accepted and the Contract Price
Amendment is amended to this Agreement unless the parties mutually agree otherwise in writing.
5.2 Phase 1 Duration. The Phase 1 Duration is 12 months from receipt of Owner's Notice to Proceed.
5.3 Substantial Completion and Final Completion.
5.3.1 Substantial Completion of the entire Work shall be achieved no later than
(_) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date").
(This section will be amended and added in the Contract Price Amendment for Phase 2.)
5.3.2 Final Completion of the Work or identified portions of the Work shall be achieved as
expeditiously as reasonably practicable. Final Completion is the date when all Work is complete
pursuant to the definition of Final Completion set forth in Section 1.2.8 of the General Conditions
of Contract.
5.3.3 All of the dates set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment
in accordance with the General Conditions of Contract.
5.4 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with
respect to the dates and times set forth in the Contract Documents.
5.5 Liquidated Damages. Design -Builder understands that if Substantial Completion is not attained by
the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and
accurately specify. Design -Builder agrees that if Substantial Completion is not attained by (14) days after
the Scheduled Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner Dollars
($2.400 ) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. (if
a GMP is not established upon execution of this Agreement, the parties should consider setting liquidated damages after GMP
negotiations.)
5.6 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any
and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or
consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in
achieving Substantial Completion, Interim Milestone Dates (if any) or Final Completion.
[The Parties may also desire to cap the liquidated damages payable under this Agreement, in which case
the following language should be included at the end of Section 5.5.]
DBIA Document No. 545 Modified Page 6
Progressive Design -Build Agreement for Water and Wastewater Projects
0 2022 Design -Build Institute of America
® Owner and Design -Builder agree that the maximum aggregate liability Design -Builder has for any
liquidated damages that may be assessed under this Agreement shall be Dollars ($ ). (This
section will be amended and added in the Contract Price Amendment for Phase 2.)
® In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1
of the General Conditions of Contract, Design -Builder shall also be entitled to an appropriate adjustment of
the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided,
however, for Force Majeure Events, Design -Builder shall be entitled to an increase in the Contract Price
providing that: (i) said events must exceed 5 cumulative days before Design -Builder is entitled to additional
compensation; and (ii) said additional compensation shall be limited to the direct costs and expenses
Design -Builder can demonstrate it has reasonably actually incurred as a result of such event.
5.7 Owner's Review Time. The parties have established the following maximum and minimum amount
of time for Owner to review Design Submissions and the Project Schedule or any updates thereto unless
the parties agree in writing otherwise.
5.7.1 Owner shall have a minimum of 30 days of receipt by Owner to review all Design
Submissions, the Project Schedule, and any updates thereto.
5.7.2 Owner shall review and (if applicable) provide a response to Design -Builder on all Design
Submissions, the Project Schedule and any updates thereto within 45 days of receipt by Owner.
Article 6
Contract Price
6.1 Contract Price.
6.1.1 Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of
Contract the sum of Five Million twenty-three thousand one hundred thirty one Dollars
($5,023,131.00) for the Phase 1 Services, subject to adjustments made in accordance with the
General Conditions of Contract. Unless otherwise provided in the Contract Documents, the Phase
1 Services compensation is deemed to include all sales, use, consumer and other taxes mandated
by applicable Legal Requirements.
6.1.2 For Phase 2 Services, Owner shall pay Design -Builder in accordance with Article 6 of the
General Conditions of Contract a contract price ("Contract Price") equal to the Lump Sum amount
set forth in Section 6.2 hereof or in the Contract Price Amendment, or equal to Design -Builder's
Fee (as defined in Section 6.4 hereof) plus the Cost of the Work (as defined in Section 6.5 hereof),
subject to any GMP established in Section 6.6 hereof or as set forth in the Contract Price
Amendment and any adjustments made in accordance with the General Conditions of Contract.
6.1.3 For the specific Work set forth below. Owner agrees to pay Design -Builder, as part of the
Contract Price, on the following basis: frhis ;s an optional section intended to provide the parties with flexibility to
identify and price limited services.)
6.2 Lump Sum. Owner shall pay Design -Budder in accordance with Article 6 of the General Conditions
of Contract the sum of Dollars ($ }
("Contract Price") for the Work for Phase 2 Services, subject to adjustments made in accordance with the
General Conditions of Contract. Unless otherwise provided In the Contract Documents, the Contract Price
is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements.
(This section will be amended and added in the Contract Price Amendment for Phase 2.)
6.3 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work,
and the cost of such changes is determined under Sections 9.4.1.3 or 9.4.1.4 of the General Conditions of
Contract, the following markups shall be allowed on such changes:
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0 2022 Design -Build Institute of America
6.3.1 For additive Change Orders, including additive Change Orders arising from both additive
and deductive items, it is agreed that Design -Builder shall receive a Fee of Nine and a Quarter
percent (9.25%) of the additional costs incurred for that Change Order.
6.3.2 For deductive Change Orders, including deductive Change Orders arising from both
additive and deductive items, the deductive amounts shall include no additional reduction to
account for Design -Builder's Fee or any other markup.
6.4 Design -Builder's Fee.
6.4.1 Design -Builder's Fee shall be:
® Nine and a quarter percent (9.25%) of the Cost of the Work, as adjusted
in accordance with Section 6.4.2 below.
6.4.2 Design -Builder's Fee will be adjusted as follows for any changes in the Work:
6.4.2.1 or additive Change Orders, including additive Change Orders arising from both
additive and deductive items, it is agreed that Design -Builder shall receive a Fee equal to
the percent (9.25 %) set in 6.4.1 of the additional Costs of the Work incurred for that
Change Order.
6.4.2.2 For deductive Change Orders, including deductive Change Orders arising from
both additive and deductive items, the deductive amounts shall include no additional
reduction to account for Design -Builder's Fee or any other markup.
6.5 Cost of the Work.
6.5.1 The term Cost of the Work shall mean costs reasonably incurred by Design -Builder in the
proper performance of the Work. The Cost of the Work shall include only the following:
6.5.1.1 Wages of direct employees of Design -Builder performing the Work at the Site or,
with Owner's agreement, at locations off the Site, provided, however, that the costs for
those employees of Design -Builder performing design services shall be calculated on the
basis of prevailing market rates for design professionals performing such services or, if
applicable, those rates set forth in an exhibit to this Agreement.
6.5.1.2 Wages or salaries of Design -Builder's supervisory and administrative personnel
engaged in the performance of the Work and who are located at the Site or working off -
Site to assist in the production or transportation of material and equipment necessary for
the Work,
6.5.1.3 The reimbursable costs of personnel stationed at Design -Builder's principal or
branch offices shall include a three percent (3 %) markup to compensate Design -
Builder for the Project -related overhead associated with such personnel.
6.5.1.4 Costs incurred by Design -Builder for employee benefits, premiums, taxes,
insurance, contributions and assessments required by law, collective bargaining
agreements or which are customarily paid by Design -Builder, to the extent such costs are
based on wages and salaries paid to employees of Design -Builder covered under Sections
6.5.1.1 through 6.5.1.3 hereof.
6.5 1.5 The reasonable portion of the cost of travel, accommodations and meals for
Design -Builders personnel necessarily and directly incurred in connection with the
performance of the Work.
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Progressive Design -Build Agreement for Water and Wastewater Projects
�. 2022 Design -Build institute of Amenca
6.5.1.6 Payments properly made by Design -Builder to Subcontractors and Design
Consultants for performance of portions of the Work, including any insurance and bond
premiums incurred by Subcontractors and Design Consultants.
6.5.1.7 Costs incurred by Design -Builder in repairing or correcting defective, damaged
or nonconforming Work (including any warranty or corrective Work performed after
Substantial Completion), provided that such Work was beyond the reasonable control of
Design -Builder, or caused by the ordinary mistakes or inadvertence, and not the
negligence, of Design -Builder or those working by or through Design -Builder. If the costs
associated with such Work are recoverable from insurance, Subcontractors or Design
Consultants, Design -Builder shall exercise best efforts to obtain recovery from the
appropriate source and provide a credit to Owner if recovery is obtained.
6.5.1.8 Costs, including transportation, inspection, testing, storage and handling of
materials, equipment and supplies incorporated or reasonably used in completing the
Work.
6.5.1.9 Costs less salvage value of materials, supplies, temporary facilities, machinery,
equipment and hand tools not customarily owned by the workers that are not fully
consumed in the performance of the Work and which remain the property of Design -
Builder, including the costs of transporting, inspecting, testing, handling, installing,
maintaining, dismantling and removing such items.
6.5.1.10 Costs of removal of debris and waste from the Site.
6.5.1.11 The reasonable costs and expenses incurred in establishing, operating and
demobilizing the Site office, including the cost of facsimile transmissions, long-distance
telephone calls, postage and express delivery charges, telephone service, photocopying
and reasonable petty cash expenses.
6.5.1.12 Rental charges and the costs of transportation, installation, minor repairs and
replacements, dismantling and removal of temporary facilities, machinery, equipment and
hand tools not customarily owned by the workers, which are provided by Design -Builder at
the Site, whether rented from Design -Builder or others, and incurred in the performance of
the Work.
6.5.1.13 Premiums for insurance and bonds required by this Agreement or the
performance of the Work.
6,5.1.14 All fuel and utility costs incurred in the performance of the Work.
6.5.1.15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the
Work, if any, owed by the Owner, a tax-exempt entity. The Owner will provide Design
Builder with information sufficient for Design Builder to issue tax exempt certificate.
6.5-1.16 Costs for permits, royalties, licenses, tests and inspections incurred by Design -
Builder as a requirement of the Contract Documents.
6.5 1.17 The cost of defending suits or claims for infringement of patent rights arising from
the use of a particular design, process or product required by Owner, paying legal
judgments against Design -Builder resulting from such suits or claims, and paying
settlements made with Owner's consent.
6.5.1.18 Deposits which are lost due to the action or inaction of Owner.
6.5.1.19 Costs incurred in preventing damage, injury or loss in case of an emergency
affecting the safety of persons and property.
DBIA Document No. 545 Modified Page 9
Progressive Design -Build Agreement for Water and Wastewater Projects
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6.5.1.20 Accounting and data processing costs related to the Work.
6.5.1.21 Other costs reasonably and properly incurred in the performance of the Work to
the extent approved in writing by Owner.
6.5.1.22 Costs associated with default insurance and performance and payment bonds
for subcontractors and suppliers as recommended in the Contract Price Amendment for
Phase 2 and approved by the Owner.
6.5.2 Non -Reimbursable Costs. The following shall be excluded from the Cost of the Work:
6.5.2.1 Compensation for Design -Builder's personnel stationed at Design -Builder's
principal or branch offices, except as provided for in Sections 6.5.1.1, 6.5.1.2 and 6.5.1.3
hereof.
6.5.2.2 Overhead and general expenses, except as provided for in Section 6.5.1 hereof,
or which may be recoverable for changes to the Work.
6.5.2.3 The cost of Design -Builder's capital used in the performance of the Work.
6.5.2.4 If the parties have agreed on a GMP, costs that would cause the GMP, as
adjusted in accordance with the Contract Documents, to be exceeded.
6.5.2.5 The Design Builder shall not pass through claims of its lower tier subcontractors
or suppliers against the Owner before evaluating such claims for validity, completeness,
and consistency with the Contract Documents. Time extensions will not be provided for
claims from Design Builder's lower tier Subcontractors or suppliers except to the extent
they are permitted under the Contract Documents.
6.5.2.6 Bonuses, profit sharing, incentive compensation, or any other discretionary
payments: paid to anyone hired by Design Builder or paid to any Subcontractor or vendor,
unless the Owner has provided prior approval_
6.5.2.7 Any subcontractor payment or performance bond cost as part of the GMP without
Owners prior approval.
[The parties shall comply with the following Section 6.6 based upon whether the GMP is
agreed upon before the execution of this Agreement or will be developed and agreed upon
after execution of this Agreement If the parties do not use a GMP, this Section 6.5 shall be
deemed inapplicable and compensation to Design -Builder shall be based on those fees
and costs identified in the balance of this Article 6.]
6.6 The Guaranteed Maximum Price. (This section will be amended and added in the Contract Price
Amendment for Phase 2)
6.6.1 Design -Builder guarantees will be incorporated as part of the Contract Price Amendment.
[in lieu of Section 6.6.1, Owner and Design -Builder may want to include the
following language.]
❑ Design -Builder guarantees that it shall not exceed the GMP of
Dollars ($ ). Documents used as basis for the GMP shall be identified as the
Contract Price Amendment to this Agreement. Design -Builder does not guarantee any specific line
item provided as part of the GMP, provided, however, that it does guarantee the line item for its
general project management and general conditions costs, in the amount of
Dollars ($ ), and as set forth in the Contract Price Amendment ("General
Conditions Cap"). Design -Builder agrees that it will be responsible for paying the applicable general
DBIA Document No 545 Modified Page 10
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conditions costs in excess of the General Conditions Cap, as well as be responsible for all costs of
completing the Work which exceed the GMP, as said general conditions line item and the GMP
may be adjusted in accordance with the Contract Documents, including but not limited to the
markups for Change Orders set forth in Section 6.3 herein.
6.6.2 The GMP includes a Contingency in the amount of
Dollars ($ ) which is available for Design -Builder's exclusive use for unanticipated
costs it has incurred that are not the basis for a Change Order under the Contract Documents. By
way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b)
overtime or acceleration; (c) escalation of materials; (d) correction of defective, damaged or
nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults; or
(f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension
of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not
available to Ownerfor any reason, including changes in scope or any other item which would enable
Design -Builder to increase the GMP under the Contract Documents. Design -Builder shall provide
Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part
of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an
accounting of the Contingency, including all reasonably foreseen uses or potential uses of the
Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any
expenditure from the Contingency relating to a Subcontractor default or an event for which
insurance or bond may provide reimbursement, Design -Builder will in good faith exercise
reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety
or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed
for said costs, then said recovery will be credited back to the Contingency.
6.6.3 Savings.
6.6.3.1 If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if
applicable, any prices established under Section 6.1.3 hereof) is less than the GMP, as
such GMP may have been adjusted over the course of the Project, the difference
("Savings") shall be shared as follows:
® Fifty percent ( 50 %) to Design -Builder and
F. fty percent ( 50 %) to Owner.
6.6.3.2 Savings shall be calculated and paid as part of Final Payment under Section 7.4
hereof, with the understanding that to the extent Design -Builder incurs costs after Final
Completion which would have been payable to Design -Builder as a Cost of the Work, the
parties shall recalculate the Savings in light of the costs so incurred, and Design -Builder
shall be paid by Owner accordingly.
6.7 Allowance Items and Allowance Values.
6.7.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth
In the Contract Price Amendment or the Proposal.
6.7.2 Design -Builder and Owner have worked together to review the Allowance Items and
Allowance Values based on design information then available to determine that the Allowance
Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will
continue working closely together during the preparation of the design to develop Construction
Documents consistent with the Allowance Values. Nothing herein is intended in any way to
constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for
the Allowance Value.
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6.7.3 No work shall be performed on any Allowance Item without Design -Builder first obtaining
in writing advance authorization to proceed from Owner. Owner agrees that if Design -Builder is not
provided written authorization to proceed by the date set forth in the Project schedule, due to no
fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s)
and Contract Price.
6.7.4 The Allowance Value includes the direct cost of labor, materials, equipment, transportation,
taxes and insurance associated with the applicable Allowance Item. All other costs, including
design fees, Design -Builder's overall project management and general conditions costs, overhead
and Fee, are deemed to be included in the original Contract Price, and are not subject to adjustment
notwithstanding the actual amount of the Allowance Item.
6.7.5 Whenever the actual costs for an Allowance Item is more than or less than the stated
Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to
Section 6.7.4. The amount of the Change Order shall reflect the difference between actual costs
incurred by Design -Builder for the particular Allowance Item and the Allowance Value.
Article 7
Procedure for Payment
7.1 Payment for Preliminary Services. Design -Builder and Owner agree upon the following method for
partial and final payment to Design -Builder for the services hereunder: (insert terms.)
7.2 Contract Price Progress Payments.
7.2.1 Design -Builder shall submit to Owner on the 10th day of each month, beginning with the
first month after the Date of Commencement, Design -Builder's Application for Payment in
accordance with Article 6 of the General Conditions of Contract-
7.2.2 Owner shall make payment within forty-five (45) days after Owner's receipt of each properly
submitted and accurate Application for Payment in accordance with Article 6 of the General
Conditions of Contract, but in each case less the total of payments previously made, and less
amounts properly withheld under Section 6.3 of the General Conditions of Contract.
7.23 If Design -Builder's Fee under Section 6 4 hereof is a fixed amount, the amount of Design -
Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by
Owner shall be proportional to the percentage of the Work completed, less payments previously
made on account of Design -Builder's Fee
7.2.4 No withstanding any provision to the contrary, the Owner's obligation to make payments to
the Design Builder, and the Design Builder's obligation to make payments to its Subcontractors
and suppliers, and the Design Builder's remedies for failure of payment under this Agreement shall
be governed by the provisions of Chapter 2251 of the Texas Government Code (the Prompt
Payment Act) and Chapter 271 of the Texas Local Government Code, Subchapter I (Adjudication
of Claims Arising under Written Contracts with Local Government Entities).
7.3 Retainage on Progress Payments.
7.3.1 Owner will retain ten percent (1d%) of each Application for Payment provided beginning in
Phase 2, however, that when fifty percent (50%) of the Work has been satisfactorily completed by
Design -Builder and Design -Builder is otherwise in compliance with its contractual obligations,
Owner will not retain any additional retention amounts from Design -Builder's subsequent
Applications for Payment. Owner will also reasonably consider reducing retainage for Work
completed early in the Project.
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7.3.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable,
any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall
release to Design -Builder all retained amounts relating, as applicable, to the entire Work or
completed portion of the Work, less an amount equal to: (a) the reasonable value of all remaining
or incomplete items of Work as noted in the Certificate of Substantial Completion; and (b) all other
amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of
Contract.
7.4 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in
accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design -
Builder's properly submitted and accurate Final Application for Payment (less any amount the parties may
have agreed to set aside for warranty work) within ten (10) days after Owner's receipt of the Final
Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set
forth in Section 6.7.2 of the General Conditions of Contract.
7.5 Record Keeping and Finance Controls. Design -Builder acknowledges that this Agreement is to be
administered on an "open book" arrangement relative to Costs of the Work. Design -Builder shall keep full
and detailed accounts and exercise such controls as may be necessary for proper financial management,
using accounting and control systems in accordance with generally accepted accounting principles and as
may be provided in the Contract Documents. During the performance of the Work and for a period of three
(3) years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right
to audit from time to time, upon reasonable notice, Design -Builder's records, books, correspondence,
receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of
which Design -Builder shall preserve for a period of three (3) years after Final Payment. Such inspection
shall take place at Design -Builder's offices during normal business hours unless another location and time
is agreed to by the parties. Any multipliers or markups agreed to by Owner and Design -Builder as part of
this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in
accordance with this Agreement, but the composition of such multiplier or markup is not subject to audit.
Any lump sum agreed to by Owner and Design -Builder as part of this Agreement is not subject to audit.
The Owner is a Governmental Body for purposes of Texas Government Code Ch. 552 (the Public
Information Act or the "Act"). Design Builder agrees that it has clearly and conspicuously marked any
information that it considers to be confidential, proprietary, andlor trade secret in its bid or proposal. Owner
agrees to provide notice to Design Builder in accordance with the Act in the event the Owner receives a
request for information under the Act for information that the Design Builder has marked as confidential,
proprietary, an&or trade secret. THE REQUIREMENTS OF SUBCHAPTER J (CERTAIN ENTITIES
REQUIRED TO PROVIDE CONTRACTING INFORMATION TO GOVERNMENTAL BODY IN
CONNECTION WITH REQUEST), CHAPTER 552, GOVERNMENT CODE, MAY APPLY TO THIS BID OR
CONTRACT AND THE CONTRACTOR OR VENDOR AGREES THAT THE CONTRACT CAN BE
TERMINATED IF THE CONTRACTOR OR VENDOR KNOWINGLY OR INTENTIONALLY FAILS TO
COMPLY WITH A REQUIREMENT OF THAT SUBCHAPTER."
Article 8
Termination for Convenience
8.1 If Design -Builder is terminated for convenience pursuant to Section 11.6 of the General Conditions,
and the parties have agreed to a payment to Design -Builder in the case of such termination of convenience,
Owner shall pay Design -Builder for the following in addition to the amount set forth in Section 11.6.1 of the
General Conditions:
DBIA Document No. 545 Modified Page 13
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® The fair and reasonable sums for overhead and profit on the sum of items set forth in Section
11.6.1 of the General Conditions,
Article 9
Representatives of the Parties
9.1 Owner's Representatives.
9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior
Representative"), which individual has the authority and responsibility for avoiding and resolving
disputes under Section 10.2.3 of the General Conditions of Contract: Frank Simoneaux, Jr. P.E.,
Director, frank.simoneaux@baytown.org, 281-420-5312
9.1.2 Owner designates the individual listed below as its Owner's Representative, which
individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of
Contract: Frank Simoneaux, Jr. P.E., Director, frank.simoneaux@baytown.org, 281-420-5312.
9.2 Design -Builder's Representatives.
9.2.1 Design -Builder designates the individual listed below as its Senior Representative
("Design -Builder's Senior Representative"), which individual has the authority and responsibility for
avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: Jake
Stones, Vice President Operations, istones,a-mccarthy,com, 832-694-6100.
9.2.2 Design -Builder designates the individual listed below as its Design -Builder's
Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of
the General Conditions of Contract: Jake Stones, Vice President Operations,
Istones(omccarthy.com, 832-694-6100.
Article 10
Bonds and Insurance
10.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth in the
Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract.
10.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance
bond and labor and material payment bond or other performance security in the amount of Contract Price
Amendment or for identified early work packages or additional GMPs:
Performance Bond.
Payment Bond.
Article 11
Other Provisions
11.1 Other provisions, if any, are as follows: (Insert any additional provisions.)
11.2 Listing of Exhibits and documents incorporated herein:
Exhibit A — Owner's Project Criteria
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Exhibit B — Scope of Services
Exhibit C — DBIA Document No. 535, Standard Form of General Conditions of Contract Between
Owner and Design -Builder Modified (2022 Edition) ("General Conditions of Contract")
Contract Price Amendment, if any.
11.3 Notwithstanding Section 2.3.1 of the General Conditions of Contract, if the parties agree upon
specific performance standards in the Basis of Design Documents, the Design -Builder shall be responsible
to achieve such standards. In such an event, the specific performance standards shall be clearly identified
in the Contract Amendment for Phase 2 as "Contractual Performance Standards."
® Any claims, disputes or controversies between the parties arising out of or related to the
Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set
forth in Section 10.2 of the General Conditions of Contract shall be resolved in a court of competent
jurisdiction in the state in which the Project is located.
® The parties have agreed to limit the time frame that Owner can make a claim pursuant to Section
2.9.1 of the General Conditions. Owner must make all claims pursuant to Section 2.9.1 of the General
Conditions within —2 years of the date of Final Completion of the Project.
11.4 By signing this agreement, the Design -Builder represents and warrants that the Design -Builder, nor
any wholly owned subsidiary, majority -owned subsidiary, part company of affiliate of Design Builder; (i)
engages in business with Iran, Sudan or any foreign terrorist organization as described in Subchapter F of
Chapter 2252 of the Texas Government Code; or (ii) is a company listed by the Texas Comptroller pursuant
to Sections 806.051, 807.051, or 2252.13 of Texas Government Code. The term "foreign terrorist
organization" has the meaning assigned to such term in Section 2252.151 of the Texas Government Code.
The Contractor hereby certifies that it and its parent company, wholly -owned or majority -owned
subsidiaries, and other affiliates comply with and agree to abide by the requirements of Texas Government
Code Chapter 2252 (foreign terrorist organizations prohibited), Chapter 2264 (undocumented workers),
Chapter 2270 (boycott -Israel), and Chapter 2274, Texas Government Code (boycotts -energy company;
discrimination - firearms entity or trade association).
11.5 The Design Builder and the Design Builder's Subcontractors shall not discriminate against any
employee or applicant for employment because of race, religion, age, disability, sex, national origin, or any
class otherwise protected by Owner policy or law. The Design Builder agrees to post in conspicuous places,
available to employees and applicants, notices setting forth the Design Builder's nondiscrimination policies.
The Design Builder and the Design Builder's Subcontractors shall, in all solicitations or advertisements for
employees placed by them or on their behalf, state that all qualified applicants will receive consideration for
employment without regard to race, religion, age, disability, sex, national origin, or any class otherwise
protected by Owner policy or law.
11.6 As required by Section 2252.908, Texas Government Code, if this Contract requires an action or
vote by the Baytown Water Authority or the City Council of the City of Baytown before the contract may be
signed, or has a value of at least $1 million, then the Owner may not enter into such Contract unless the
Design Builder submits a disclosure of interested parties to the Authority/City at the time the Design Builder
submits the signed Contract to the Owner. The Design Builder agrees to submit such disclosure as required
by Section 2252.908 of the Texas Government Code on the form 1295, prescribed by the Texas Ethics
Commission, unless the Design Builder is a publicly traded entity or a wholly owned subsidiary of same, in
which case no disclosure is required. The Design Builder agrees to access the Texas Ethics Commission
website and complete the form 1295, receive a confirmation number and a PDF version of the completed
form 1295, execute and notarize a hard copy version of the completed form 1295, and submit it, along with
the confirmation number, to the Owner.
DBIA Document No. 545 Modified Page 15
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0 2022 Design -Build Institute of Amenca
Article 12
Limitation of Liability
12.1 Limitation. To the fullest extent permitted by law, and notwithstanding any other provision of this
Agreement, the total liability, in the aggregate, of Design -Builder, its Design Consultants, and
Subcontractors, surety (if any) and their respective officers, directors, employees and agents, and any of
them, to Owner and anyone claiming by, through or under Owner, for any and all claims, losses, liabilities,
costs or damages whatsoever arising out of, resulting from or in any way related to the Project or this
Agreement from any cause, including but not limited to the negligence, indemnity, professional errors or
omissions, strict liability, breach of contract or warranty (express or implied), shall not exceed one hundred
percent (100%) of the Contract Price. The parties agree that specific consideration has been given by
Design -Builder for this limitation and that it is deemed adequate.
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In executing this Agreement, Owner and Design -Builder each individually represents that it has the
necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary
corporate approvals to execute this Agreement, and perform the services described herein.
OWNER:
Le 00010% rjeoL 44 er A7 k or d'i
(N me of Owner)
(Signature)
&M ry--'a in
(Printed Name)
/a„ a�la
(Title)
Date:
DESIGN -BUILDER:
Baytown Waterworks Partner, a Joint Venture
(N �f Design -Builder)
e
Chris Anvik
(Printed Name)
Executive Vice President
(Title)
Date: July 29, 2024
DBIA Document No 545 Modified Page 17
Progressive Design -Build Agreement for Water and Wastewater Projects
�) 2022 Design. -Build Inklute of America
Exhibit A
Owner's Criteria
Insurance Requirements
Basis of Design Report
DBI Document No. W Modified f Page 1$
Progressive Design -Build Agreement for Water and Wastewater Projects
C� 2022 Design -Build Institute of America
_CITY OF BAYTOWN
Insurance Exhibit
Design Builder shall procure and maintain at its sole cost and expense for the duration
of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work
hereunder by Design Builder, its agents, representatives, volunteers, employees or
subconsultants.
a. Design Builder's General and Automobile insurance coverage shall be primary
insurance with respect to BAWA, its officials, employees, and agents. Any
insurance or self-insurance maintained by BAWA, its official's employees or
agents shall be considered in excess of Design Builder's insurance and shall not
contribute to it. Further, Design Builder shall include all subconsultants, agents
and assigns as additional insureds under its umbrella policy or shall furnish
separate certificates and endorsements for each such person or entity. All
coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list if standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
1. Commercial General Liability
• General Aggregate: $2,00,000
• Products & Completed Operations Aggregate: $2,000,000
• Personal & Advertising Injury: $1,000,000
• Per Occurrence: $1,000,000
• Fire Damage: $500,000
• Waiver of Subrogation required
• Coverage shall be broad form
• No Coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance
2. Business Automobile Policy
• Combined Single Limits: $1,000,000
• Coverage for "Any Auto"
• Waiver of Subrogation required.
3. Errors and Omissions
• Limit: $1,000,000 for this project
• For all architects, engineers, and /or design companies
• Claims -made form is acceptable
• Coverage will be in force for one (1) year after completion of the Project
CITY OF BAYTOWN
Insurance Exhibit
• Waiver of Subrogation required
4. Workers' Compensation
• Statutory Limits
• Employer's Liability $500,000
Waiver of Subrogation required
5. Builder's Risk
• Builder's Risk will be evaluated and determined at the time of the Price
Amendment for Phase 2.
b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier for all liability policies must have an A.M. Best Rating of A(-
): VII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can be
on claims -maid form
4. Each insurance policy shall be endorsed to state that coverage shall not be
cancelled in coverage or in limits except after thirty (30) days prior written
notice by mail, return receipt requested, has been given to BAWA.
5. BAWA, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
6. Upon request and without cost to BAWA, copies of all insurance policies
and/or certificates of insurance shall be furnished to BAWA, provided
redactions may be made for confidential or proprietary information.
7. All insurance required herein shall be secured and maintained in a company
of companies satisfactory to BAWA and shall be carried in the name of
Design Builder. Design Builder shall provide copies of insurance policies and
endorsements required hereunder to BAWA on or before the effective date of
this Agreement.
CITY OF BAYTOWN
Insurance Exhibit
B. DESIGN -BUILDER is responsible for the cost of any and all insurance
deductibles and self -insured retentions, and all uninsured losses and costs
due to the failure of DESIGN -BUILDER or any Subcontractor to procure and
maintain insurance as and to the extent required by the Contract Documents.
The inclusion of Builder's Risk Insurance and appropriate responsibility of
deductibles will be evaluated and determined at the time of the Price
Amendment for Phase 2.
WORKERS' COMPENSATION INSURANCE COVERAGE
A. DEFINITIONS:
Certificate of coverage ("certificate") - A copy of a certificate of
insurance, a certificate of authority to self -insure issued by the
commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83
or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a
project for the duration of the Project.
Duration of the Project - includes the time from the beginning of the Work
on the Project until the Design Builder'slperson's work on the Project
has been completed and the Project warranty period has expired.
Persons providing services on the project includes persons or entities
performing all or part of the services the Design Builder has undertaken
to perform on the project, regardless of whether that person contracted
directly with due Design Builder and regardless of whether that person
has employees. This includes, without limitation, independent
contractors, subcontractors, motor carriers and owner- operators, (as
defined at Section 406.121 of the Texas Labor Code), leasing
companies, and employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other
service related to a project. "Services" does not include activities
unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The DESIGN BUILDER shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
which meets the statutory requirements of Texas Labor Code, Title 5 Workers'
Compensation, Subtitle A Texas Workers' Compensation Act, for employees of
the Design Builder providing services on the project, for the duration of the
project.
CITY OF BAYTOWN Insurance Exhibit
C. The DESIGN BUILDER must provide a certificate of coverage to the OWNER
prior to being awarded the Contract.
D. If the coverage period shown on the DESIGN BUILDER's current certificate of
coverage ends during the duration of the project, the DESIGN BUILDER must,
prior to the end of the coverage period, file a new certificate of coverage with the
OWNER showing that coverage has been extended.
E. The DESIGN BUILDER shall obtain from each subcontractor or other person
providing services on a project, and provide to the OWNER:
(1) a certificate of coverage, prior to that person beginning work on the
Project, so the OWNER will have on file certificates of coverage showing
coverage for all persons providing services on the Project; and
(2) no later than seven days after receipt by the DESIGN BUILDER and prior
to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the Project.
F. The DESIGN BUILDER shall retain all required certificates of coverage for the
duration of the Project and for one year thereafter.
G. The DESIGN BUILDER shall notify the OWNER in writing by certified mail or
personal delivery, within 10 days after the DESIGN BUILDER knew or should
have known, of any changes that materially affect the provision of coverage of
any person providing services on the Project.
H. The DESIGN BUILDER shall post on each Project site a notice, in the text, form
and manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the Project that they are required to
be covered, and stating how a person may verify coverage and report lack of
coverage.
NOTICE
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or
providing services related to this construction project must
be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering
equipment or materials, or providing labor or transportation
or other service related to the project, regardless of the
identity of their employer or status as an employee."
CITY OF BAYTOWN
Insurance Exhibit
"Call the Texas Workers' Compensation Commission at
(512) 440- 3789 to receive information on the legal
requirements for coverage, to verify whether your employer
has provided the required coverage, or to report an
employer's failure to provide coverage."
I. The DESIGN BUILDER shall contractually require each person with whom it
contracts to provide services on a project, too:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Title 5 Workers'
Compensation, Subtitle A Texas Workers' Compensation Act, for all of its
employees providing services on the Project, for the duration of the
Project;
(2) provide to the DESIGN BUILDER, prior to that person beginning work
on the Project, a certificate of coverage showing that coverage is
being provided for all employees of the person providing services on
the project, for the duration of the Project:
(3) provide the DESIGN BUILDER, prior to the end of the coverage
period, a new certificate of coverage, showing extension of
coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the Project;
(4) obtain from each other person with whom it contracts, and
provide to the DESIGN BUILDER:
(a) a certificate of coverage, prior to the other person beginning
work on the Project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the Project;
(5) retain all required certificates of coverage on file for the duration of
the Project and for one year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person providing
services on the Project; and
(n contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
CITY OF BAYTOWN Insurance Exhibit
provided to the person for whom they are providing services.
J. By signing this Contract or providing or causing to be provided a certificate of
coverage, the DESIGN BUILDER is representing to the OWNER that all
employees of the DESIGN BUILDER who will provide services on the Project
will be covered by workers' compensation coverage for the duration of the
Project, that the coverage agreements will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or
misleading information may subject the DESIGN BUILDER to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
The DESIGN BUILDER's failure to comply with any of these provisions is a breach of
contract by the DESIGN BUILDER, which entitles the OWNER to pursue all rights and
remedies available to it under the Contract, at law or in equity, if the DESIGN BUILDER
does not remedy the breach within ten days after receipt of notice of breach from the
OWNER.
BAIL1OWN
BAINA East Surface Water
Treatment Plant Phase 2
Expansion from 6 MGD to
12 MGD
Basis of Design Report
October 2023
Contents
Executive Summary...................................................................................................................................... Vi
Project Design Criteria................................................................................................................................
vil
I. Systems/Processes............................................................................................................................I
A. Intake.................................................................................................................................................1
AltemativeAnalysis-Intake....................................................................................................................2
Design Re commendation ........................................................ ... .......... . .. .......... . ......................2
8, Fore bay & Low Lift............................................................ ... . .......... ............ ................2
Alternative Analysis-FDrebay.................................................................................................................A
Design Rerornmendation......................................................................................................................5
C. Sludge Processing..............................................................................................................................6
Design Recommendation......................................................................................................................7
D. Chernical5ystems..............................................................................................................................7
Ferric chloride & Cationic polymers.....................................................................................................8
ChlorineDioxide....................................................................................................................................9
Sodium Hypoehlorite & LAS....................................................... ....... „ ..,,..., ....,, ..... ,......10
Water Stabilization, Corrosion Control and Fluoridation....................................................................12
Alternat€ve Analysis -Chemical System...............................................................................................13
Design Recommendation ...... ............................................................................................... ..............
is
E. Super Pulsator. ...............................................................................................................................15
DesignRecommendation....................................................................................................................16
F. Disinfection Basin............................................................................................................................16
DesignRecommendation..................................................... .. . , .... ........ ......................... ...17
G. Filters. .... ............................ ................. ... ........... ................., ......17
Alternative Ana Wis-FiRer..................................................................................................................18
Design Recommendation....................................................................................................................18
H. Transfer Pump Station............................................................................. ........ ...19
Altemative Analysis -Transfer Pumps..................................................................................................19
DesignRecommendation ....................................................................................................................
70
I. High Service Pump Station..............................................................................................................20
Alternative Analysis- "igh Service pumps...........................................................................................21
DesignRecommendation....................................................................................................................22
!. Ground Storage Tanks.....................................................................................................................22
Alternative Analysis- Ground Storage .................................. ---................24
Design Recommendation....................................................................................................................24
K. Electrical System.............................................................................................................................24
Design Recommendation........................................................................... ............ .....29
L. Yard Piping .................................................... „ ...................,.,................,............................... 29
Design RecommendlAon .................................................................................................................... 32
M, Operations Building.....................................................................................................................32
Alternative Analysis -Operations Building............................................................................................33
DesignRecommendation...................................................................................................................59
N. MaintenancejEquipment Storage...................................................................................................33
Alternative Analysis-Mlaintenance/Equipment Storage......................................................................33
DesignRecommendation ... ................ .............................................. .................................. ...... ..... .... ..34
D. Site Improvements.... .......................... ................. ............................ .... - ................ ..... 34
Alternative Analysts- Site Improvements .............................. .. ......... ..................... ......35
Design Recommendation ........................................ .. ,...,................................... ........ ..35
RSafety System Imp rove merits..........................................................................................................36
Design Recommendation-....-....- ........................................... ..........................................
II. Budget ...... ..................................................................................................................................37
A- Budget/Engineer's Opinion of Probable Cost.................................................................................37
Ill. Schedule/Construction Constraints................................................................................................37
APPENDIXA... ....................... ................. ....................... .. •--38
APPENDIX8............................................................ .......... ..... ............................................ ..... ... . .39
APPENDIXC.................................................................................................................................................40
LIST OF TABLES
Table 1-1 Summary of required Intake system improvements for plant expansion from 6 MGD to 12
MGD..............................................................................................................................................................1
Table 1-2 Summary of required Forebay & UPS improvements for plant expansion from 6 MGD to 12
MGD..............................................................................................................................................................3
Table 1-3 Summary of required Sludge processing system improvements for plant expansion from 6 MGD
to12 MGD.....................................................................................................................................................7
Table 1-4 Summary of required Coagulant/Flocculant injection system improvements for plant expansion
from6 MGD to 12 MGD................................................................................................................................9
Table 1-5 Summary of required Chlorine Dioxide system improvements for plant expansion from 6 MGD
to12 MGD...................................................................................................................................................10
Table 1-6: Summary of required Sodium Hypochlorite and lAS system improvements for plant expansion
from6 MGD to 12 MGD..............................................................................................................................11
Table 1-8: Summary of required Water polishing system improvements for plant expansion from 6 MGD
to12 MGD...................................................................................................................................................13
Table 1-9 Summary of required pulse bed clarifier improvements for plant expansion from 6 MGD to 12
MGD............................................................................................................................................................16
Table 1-10 Summary of required disinfection basin improvements for plant expansion from 6 MGD to 12
MGD............................................................................................................................................................17
Table 1-11 Summary of required filters improvements for plant expansion from 6 MGD to 12 MGD ........ 18
Table 1-12 Summary of required Transfer pump station improvements for plant expansion from 6 MGD to
12 MGD......................................................................................................................... .....19
.........................
Table 1-13 Summary of required high service pump station improvements for plant expansion from 6
MGDto 12 MGD..........................................................................................................................................21
Table 1-14 Summary of Required Ground Storage Tank Capacity for Plant Expansion from 6 MGD to 12
MGD.............................................................................................................. .... 23
..........................................
Table 1-15 Summary of Primary Electrical Building Equipment for Plant Expansion from 6 MGD to 12
MGD............................................................................................................................................................ 25
Table 1-16 Summary of High Service Pump Station Electrical Building Equipment for Plant Expansion from
6 MGD to 12 MGD.......................................................................................................................................26
Table 1-17 Summary of Low Lift Pump Station Electrical Building Equipment for Plant Expansion from 6
MGDto 12 MGD..........................................................................................................................................28
Table 1-16 Summary of Existing Yard Piping................................................................................................29
Table 1-17 Summary of Proposed Yard Piping for Plant Expansion from 6 MGD to 12 MGD...................... 31
IV
LIST OF ABBREVIATIONS
AWWA American Water Works Association
ANSI American National Standard institute
BAWA Baytown Area Water Authority
BGE
Brown and Gay Engineers
CCPP
Calcium Carbonate precipitation Potential
COH
City of Houston
CT
Concentration -Time
CWA
Coastal Water Authority
DS
Dissolved Solids
DB
Design -Build
East SWTP
East Surface Water Treatment Plant
GAC
Granular Activated carbon
gph
Gallons per hour
gpm
Gallons per minute
GST
Ground Storage Tank
HAAs
Haloacetic Acids
HP
Horsepower
HSPS
High Service Pump Station
IT
Intensity -Time
LAS
Liquid Ammonium Sulfate
LLPS
Low Lift Pump Station
LLP
Low Lift Pump
MCL
Maximum Contaminant Level
MG
Million Gallons
MGD
Million Gallons per Day
MWSE
Maximum Water Surface Elevation
NOM
Natural Organic Matter
NTU
Nephelometric Turbidity unit
OCCT
Optimal Corrosion Control Treatment
OSHA
Occupational Safety and Health Administration
TAC
Texas Administrative Code
TCEQ
Texas Commission on Environmental Quality
TOC
Total Organic Carbon
TPS
Transfer Pump Station
v
Executive Summary
The Baytown Area Water Authority (BAWA) has decided to expand its East Surface Water
Treatment Plant (East SWTP) from a production capacity of 6 MGD to 12 MGD. This Basis of
Design report identifies the major components of the East SWTP that need to be added, expanded,
or upgraded as part of this expansion project. The components proposed for the part of plant
expansion are illustrated in various exhibits in Appendix A and alternatives for Design -Builder
consideration are discussed in this report.
The major components and design alternatives to be considered include the following:
• Copper sulfate storage and injection system at forebay for algae control
• New ten (10) MG forebay
• Increased low lift pump station pumping capacity
• Expanded sludge processing, including two (2) new sludge lagoons
• Expansion of chemical systems and increased chemical bulk storage and pumping capacity
• Addition of one (1) rapid mix unit, one (1) vacuum chamber and two (2) SuperPulsator
clarifier systems
• Additional disinfection basin and new CT study
• Evaluation of existing filters, design and construction of new 6 MGD filters, and possible
replacement of existing 6 MGD filters
• Increase pumping capacity of transfer pump station
• Increase pumping capacity of high service pump station
• New 2.5 MG ground storage tank
• Electrical Improvements
• New 3,200-sf Maintenance Building with 1,600-sf Canopy for covered storage
• Site and safety improvements
vi
Project Design Criteria
The BAWA East Water Treatment Plant is a 6 MGD plant that is to be expanded to 12 MGD in this
project. The plant was originally designed to be expanded to 24 MGD in the future. While the
plant has only been in service for a few years, BAWA has experienced operational and maintenance
challenges that will be used as part of the analysis for determination of project components to be
included in this project.
The Design -Builder (DB) will need to consider the substance of this report in its entirety for the
scope of work to be included in this project. This report will serve as the starting point and the
basis of design for this project. Upon completion of this project, the BAWA East SWTP will need
to have a minimum firmireliable throughput capacity of 12 MGD. When considering possible
design alternatives, reliable operation of the plant is paramount.
Following are criteria to be included in the design of this project:
• Existing Plant 6 MGD
• This project Expand plant by 6 MGD (from 6 MGD to 12 MGD)
• Pumps: firm capacity all pumps with largest pump out of service
• Chemical pumps: meet capacity with 1 duty and 1 standby pump
• Meet all TCEQ requirements for water treatment plants
• Some alternatives have been narrowed for further DB consideration
:-) DB to develop and evaluate alternatives identified in this report
l Some alternatives have already been eliminated for consideration by BAWA
• Existing 6 MGD plant must remain operational during all phases of this project
• DB will need to work with BAWA to determine timing and durations of any shutdowns to
the existing plant to allow for tie-in work with existing plant
VI
Systems/Processes
A. Intake
The intake system serves to redirect and convey water from a source like a river, lake, or reservoir
to a water treatment facility. Its primary objective is to consistently provide a sufficient volume of
water, maintaining the highest achievable quality. The Baytown Area Water Authority (BAWA)
East Water Treatment Plant (EAST SWTP) utilizes an exposed -type single canal wet intake
system, located at latitude -longitude of 29' 44' 46", -940 53' S" to extract water from Coastal Water
Authority's (CWA) canal. The existing water treatment facility conforms to the Texas State
Regulation to meet with TAC §290.41(e) and TAC §290.42. The intake structure comprises two
distinct cells with parallel flow streams, with the intent of enhancing intake reliability, flexibility,
and the efficiency of maintenance operations. This system incorporates multiple components
including a coarse screen, stop logs, and two axial flow centrifugal pumps, each with a capacity of
8,400 gallons per minute (gpm) for a firm capacity of 12.1 million gallons per day (MGD), creating
a head of 7.00 feet facilitating discharge of raw water from the intake to the forebay. This discharge
is a facilitated by 24" diameter pipe that conveys water through City of Houston (COH) meter
station. The meter station includes a magnetic flow meter and telemetry to the COH. The existing
equipment and intake components satisfactorily meet the current demand of 6 MGD for the BAWA
East water plant. However, the primary challenge for reliable use of the intake system for both
existing and future expansion lies in its inability to effectively manage and control organic
materials and algal blooms.
To increase the water treatment plant's capacity from 6 MGD to 12 MGD, following design
modifications are proposed to enhance the reliability of the water intake system:
i.) Improve the intake system to accommodate chemical addition for organics such as
Total organic carbons (TOC), Natural organic matters (NOMs) and algal bloom control.
Table 1-1 Summary of required Intake system improvements for plant expansion from 6 MGD to 12 MGD.
Intake
Existing 6 MGD Capacity
Proposed 12 MGD Plant Capacity
Components
Two (2) 8,400gpm
Pumps
Existing
axial flow
No Upgrade required
centrifugal
1
Pumps (Propeller
Pumps)
Algae
Treatment of organics and
Control
Not available
NA
Proposed
algae
system
*Refer Alternative AI-A2
Alternative Ana:ys s-Intake
This section summarizes alternatives considered for intake system upgra&modification enhance
the reliability of intake system.
Alternative Al: Addition of copper sulfate injection system, including chemical piping run
injecting chemical to intake system discharge piping to control algal bloom.
Alternative A2: Ultrasonic wave based floatable algal control system to be installed in forebays.
Design Recommendation
After evaluation of Alternatives Al and A2, considering the decision matrix (APPPNDIX B), and
BAWA's operation team's preference it is recommended Design -Build (DB) team to consider
design of Alternative A I, the copper sulfate injection system for algae control in the forebay.
Alternative A2 has been excluded fi-om further consideration.
B. Forebay & Low Lift
The primary role of the forebay in BAWA's EAST SWTP is to maintain a consistent flow of water
into the treatment plant, ensuring that the treatment processes receive a steady flow, even when
there are variations in the water level and quality within the source water canal. The raw water,
pumped by the intake pumps, enters a forebay of 10 million gallons (MG) capacity. This forebay
serves as a source of supply to the treatment units through a low lift pumping system. The existing
forebay adheres to the regulations outlined in TAC §290.42(d)(4), which pertain to reservoir
pretreatment or the implementation of selective quality control measures. The existing forebay is
characterized by a maximum water surface elevation (MWSE) of 35.5 feet. The stored water is
directed towards the well of the low lift pump station (LLPS), passing through a 30-inch intake
screen and subsequently through a 30-inch submerged orifice. Pumps within the LLPS draw water
and deliver it to the rapid mix unit through a 24" pipeline, which runs via the meter station. Within
the LLPS, there are three (3) pumps, each with a capacity of 2,292 gallons per minute (gpm). The
FA
pumps are adequately sized for a plant capacity of 6 MGD; however, BAWA's operation team
indicated frequent servicing of the pump motors due to a recurring electrical issue(s), which require
motors to be periodically removed, repaired and/or replaced. Further discussion on this issue can
be found in the Electrical System section. A situation of this nature places excessive strain on
operational pumps and undermines the reliability. The existing design and operational
configuration of the BAWA East water plant involves a single intake structure that directs the flow
of raw water to the forebay, thence to the treatment processes via a (LLPS). High levels of organic
matter in the raw water can lead to problems in the forebay, such as the accumulation of debris and
the growth of algal blooms present a challenge to the intake system's reliability. To minimize
buildup of organics in the forebay, one effective approach is implementing chemical treatments on
the raw water. This helps control the development of algal blooms and subsequently reduces the
chances of debris accumulation.
To increase operability a bypass line should be installed on the meter station to avoid the need to
shut down the raw water supply to the plant when the meter requires removal for maintenance or
repair. For the plant expansion from 6 MGD to 12 MGD following design modifications and
upgrades recommended are required to ensure the reliability of the water treatment plant.
Table 1-2 Summary of required Forebay & LLPS improvements for plant expansion from 6 MGD to 12 MGD.
Forebay/LLPS
Components
Existing 6 MGD Capacity
Proposed 12 MGD Plant Capacity
One (1) 10 MG Forebay
Forebay i
Existing
One (1) 10 MG
Proposed
*Refer Alternatives B1-B5
Addition of LLPS with
LLPS
Existing
One (1) with 3 pumps
Proposed
addition of Forebay
2292 gpm
Three (3) Ca)Proposed
Install"Upgrade Pumps
Pumps
Existing
each
*Refer Alternatives B6-B8
Addition of mag meter
Meter Run
Not
N. A
Proposed
bypass line to existing meter
Bypass
available
run
Online Raw
Manual sampling and
Addition of online raw water
Existing
Proposed
water
analysis
monitoring system including
3
monitoring
System
particle counter to have more
control in chemical injection
Protective
Existing
Existing coating on
Proposed
Pumps and pipes are to be
coatings
pump and piping is
coated with appropriate
polyurethane coating.
blasting and coating
Pumps and pipes are
procedure.
showing signs of
coating failure.
Electrical
Existing
Existing electrical
Proposed
Upgrade in electrical
systems
system caters the
components to meet the
existing plant
plant expansion capacity
capacity
** Increasing the pump capacity may eliminate the necessity for constructing a new LLPS.
Alternative Analysts-Forebay
This section presents options for forebay expansion and modification to enhance the reliability of
intake system, including potential alternatives.
Forebay Expansion Alternatives
Alternative B I : No forebay addition. Use existing forebay. Addition of one (1) 30" stainless steel
screen at existing LLPS intake orifice.
Alternative 132: Addition of one (1) 1 OMG capacity forebay with equalization piping to existing
forebay and employing existing LLPS to meet the 12MGD demand. Addition of one (1) 30"
stainless steel screen at existing LLPS intake.
Alternative 133: Addition of one (1) 10 MG capacity forebay with intake flow splitting between
existing and proposed forebay. Proposed forebay outlet pipe to have one (1) 30" stainless steel
screen and be connected to existing LLPS wet well to control flow and provide redundancy for the
forebay system.
Alternative B4: Addition of one (1) 1 OMG forebay with one (1) LLPS structure (no pumps) and
wet well equalizing existing LLPS wet well to meet demand of 12 MGD.
4
Alternative B5: Addition of one (1) 1 OMG forebay with one (1) LLPS of same capacity for forebay
and LLPS redundancy and meet demand of 12 MGD.
Pumps AddidonlCapacity upgrade Alternatives
The alternative design for pumps at LLPS assumes that pump station needs to consistently deliver
a firm capacity of 12 MGD even if the largest pump within the system is out of service.
Alternative 136: (For consideration with Alternatives 131, B2 and B3.) Install one (1) 4,400 gpm
(6.3 MGD) pump and replace one (1) existing 2,292 gpm (3.3 MGD) pump with 4,400 gpm (6.3
MGD) pump to have total four (4) pumps with two (2) 2,292 gpm (3.3 MGD) each and two (2)
4,400 gpm (6.3 MGD) each in existing low lift: pump station to meet 12 MGD firm capacity. With
this addition, the total pumping capacity of all operational pumps will be 19.3 MGD, while the
firm capacity of the LLPS will be 13 MGD.
Alternative 137: (For consideration with Alternatives B l , B2 and B3.) Increase the capacity of
LLPS by replacement of all three (3) existing 2,292 gpm (3.3 MGD) pumps with 3000 gpm (4.3
MGD) pumps and addition of one (1) 3000 gpm (4.3 MGD) pump in LLPS for redundancy and to
meet 12MGD capacity. With this addition, the total pumping capacity of all operational pumps
will be 17.3 MGD, while the firm capacity of the LLPS will be 13 MGD.
Alternative 138: (For consideration with Alternative B4.) Install three (3) 2,292 gpm (3.3 MGD)
pumps in new low lift pump station to match existing pump station. With this addition, each LLPS
will have a pumping capacity 9.9 MGD, while the firm capacity of each LLPS will be 6.6 MGD.
The two LLPS will have a combined total capacity of 19.8 MGD and a firm capacity of 13.2 MGD,
Design Recommendation
After evaluation of alternatives Bl to B5. considering the decision matrix (APPENDIX B), and
BAWA's operation team's preference, it is recommended that DB consider design of either
Alternative B3 and B5 for forebay expansion. Alternative BI, B?. and B4 have been excluded
from consideration following discussions with BAWA's operation and management team. With the
selection of forebay expansion alternative, DB team is recommended to design pumps based on
Alternative B6 and B7 if alternative B3 is considered. For the selection of alternative B5 for
forebay expansion, DB team is advised to consider designing the pump system in accordance with
Alternative B8. The DB team is also advised to consider the design of LLPS meter station bypass
k
to keep plant in operation in case of maintenance or temporary shutdown of existing LLPS meter
run.
C. Sludge Processing
Solids, or sludge, are primarily produced within the rapid mix chamber near the head of the plant
where coagulants and flocculants are injected, namely ferric chloride and cationic polymer. The
raw water has an average Turbidity of 26 NTU. Once the reactions are completed, substantial
flocs are created and subsequently separated using a pulsed bed clarifier. According to TAC
§290.42(d)(1), a properly sized coagulation and flocculation system is required for surface water
treatment system. The sludge accumulated in the pulsed bed clarifier has a high-water content,
leading to the creation of buoyant sludge scum. A dual pumping setup is utilized to convey denser
sludge to the sludge lagoons through 4" piping, while less dense sludge with higher water content
is reintroduced into the forebay. Dewatering is currently accomplished with sludge lagoons with
no significant capabilities for thickening, conditioning, and efficient sludge drying. This reliance
on a single lagoon -based sludge drying system presents challenges in effectively drying and
removing the sludge without the need to temporarily shutting down the sludge lagoon. For the
expansion of plant from 6 to 12 MGD, all the components required to generate the sludge from
raw water needs to be upgraded. Moreover, the self-backwashing filters, through intermittent
backwashing, also play a role in producing sludge, which is subsequently directed to the sludge
lagoons. To accommodate the increased solids production resulting from the 12 MGD plant
operation, an expansion of the sludge lagoons and the incorporation of supplementary sludge
handling mechanisms will be essential. To facilitate the plant expansion From 6 to 12 MGD, it's
necessary to upgrade all the essential components involved in the production of sludge from raw
water such as:
i.) Duplication of exiting Rapid mix basin and mixers
ii.) Upgrade coagulant and 17occulant injection system.
iii.) Duplication of Flocculation chamber
iv.) Addition Expansion of pulsed bed clarifier
V.) Upgrade &udge pump capacity
vi.) Addition Fxpansion of Sludge lagoons
6
Table 1-3 Summary of required Sludge processing system improvements for plant expansion from 6 MGD to
12 MGD.
Sludge
Generating/handling units
Existing 6 MGD Capacity
Proposed 12 MGD Capacity
Expansion/Duplication of
One (1) rapid mix
Rapid -Mixing equipment
Existing
Proposed
rapid mix basin,
basin
backwash clarifier
Addition of two (2) Super
Two (2) units
Super pulsator/ Pulsed
pulsator system to
Existing
followed by
Proposed
bed Clarifier
accommodate additional
disinfection
6 MGD capacity
One (1) pump
Design Builder Team to
station, two {2}
evaluate the sludge
Sludge pumps
Existing
pumps @ 120 gpm
Proposed
production and resize the
and one pump (1) @
1000 gpm
pumps as necessary
Addition of two (2)
Sludge lagoons
Existing
One (1) lagoon
Proposed
lagoons
Design Builder Team to
Backwash Equalization
One (1) Backwash
reevaluate the existing
Existing
Proposed
Basin
Equalization basin
backwash equalization
basin's capacity
Design Recommendation
The DB team to evaluate the existing sludge production and sludge production from proposed
expansion of rapid mix, pulsed bed clarifier and filter backwash. The design of sludge pumps is to
be determined based on findings of sludge production evaluation. The DB team is also responsible
for reevaluating the existing backwash equalization basin to accommodate proposed expansion,
Furthermore. it is recommended that the DB team consider the design of two (2) sludge lagoons
for effective residual management and future expansion_
D. Chemical5y•:tems
The existing BAWNs EAST SWTP incorporates a chemical process system necessary for
coagulation, flocculation, disinfection, and water stabilization and pH adjustments. Ferric chloride
7
and cationic polymers are employed to achieve coagulation and flocculation, while Sodium
Hypochlorite and Liquid Ammonium Sulfate (LAS) are utilized for effective disinfection.
Additionally, Caustic Soda is used for pH adjustment purposes. Zinc polyphosphate serves as a
corrosion inhibitor, safeguarding distribution lines against corrosion and the release of heavy
metals through leaching.
Ferric Chlor'de & Cation;c polymers
Ferric Chloride, along with a cationic polymer, serves as the coagulant and flocculant to eliminate
dissolved solids (DS) and Natural Organic Matters (NOMs) within the rapid mix unit. These
chemicals are also employed to capture suspended particles in the backwash clarifiers. They are
stored in large bulk storage tanks and then transferred to day tanks before being introduced into
the treatment unit. According to TAC §290.42(f)(1)(b), a day tank is mandated within water
treatment systems where limited process control and optimization are in place and generally
considered good practice for management of chemicals, as it is intended to prevent excessive
chemical dosing to safeguard the water system. The injection of ferric chloride and polymers is
contingent upon water quality, and the determination of appropriate dosages relies on conducting
jar tests. Due to the variability and intricacy of this chemical system, the reliability of process
control and automation is notably low. The existing setup is designed to introduce ferric chloride
and cationic polymer into the rapid mix system, at maximum concentrations of 60 mg/L and 1.2
mg/L, respectively. This was achieved by administering the chemicals at feed rates of 11.6 gallons
per hour (gph) and 1.6 gph, respectively. At the backwash clarifier system, Ferric chloride and
cationic polymer were fed at maximum rate of 0.5 gph and 0.014 gph respectively. 'z HP variable
speed peristaltic pumps are used to inject chemicals to rapid mix basin and backwash clarification
basin.
For expansion of Water treatment plant fi-om 6 to 12 MGD following upgrades are required
i.) Increase in chemical bulk storage capacity.
ii.) Addition of chemical pumps for redundancy and reliability of system
8
Table 1-4 Summary of required Coagulant/Flocculant injection system improvements for plant expansion
from 6 MGD to 12 MGD.
Existing 6Proposed
Coagulant/Floccuiant
Injection/ Location
12 MGD Capacity
MGD Capacity
Rapid Mix/Backwash
Existing max
Upgrade: addition of pumps,
Ferric Chloride (40%)
Clarifier
1 I.6 gpd system
bulk storage for redundancy
Cationic Polymer
Rapid Mix. Backwash
Existing max
Upgrade.'addition of pumps,
(20%)
Clarifier
1.6 gpd system
bulk storage for redundancy
Chlorine Dioxide
Chlorine dioxide stands out as an appealing choice for water treatment due to its role as a
compelling oxidant, biocide, and disinfectant. It offers a relatively safer alternative compared to
other disinfection methods, notably in terms of minimizing the potential for producing
Trihalomethanes (THMs) and Haloacetic acids (HAAs), whose levels are regulated as harmful
disinfection byproducts. The existing BAWNs EAST SWTP incorporates an on -site chlorine
dioxide generation and injection system as primary disinfection. This system is configured to
introduce chlorine dioxide during the rapid mixing and disinfection stages, achieving peak
concentrations of 2.5 mg/L. This is achieved by administering the chemical at a maximum feed
rate of 125 gallons per hour (gph). However, owing to the complexity of the chlorine dioxide
generating system and the sensitive nature of the chlorine dioxide compound, the injection of
chlorine dioxide into the rapid mix and disinfection basin have consistently fallen short of
achieving the desired disinfection outcomes. Consequently, operations were compelled to
discontinue the utilization of the chlorine dioxide system and applied sodium hypochlorite for
disinfection purposes. For expansion from 6 to 12 MGD the following changes are recommended:
i.) Abandon/Demolish or RepairAJpgrade the Chlorine dioxide generation system.
ii.) Addition.,Expansion of Sodium Hypochlorite system for primary disinfection of water
in rapid mix and disinfection basin to achieve at least 2-log removal of
Cryptosporidium, 3-log removal, or inactivation of Giardia cysts, 4-log removal or
inactivation of viruses as stated in TAC §290.42(c).
iii.) Addition., -'Expansion of Sodium Hypochlorite system for primary disinfection of water
in rapid mix and disinfection basin to maintain minimum free chlorine residual of 0.5
A
mg/L in finished water conveyed to the distribution system as stated in TAC
§290.44(i)(2)(K).
iv.) Process control and online analyzer system to be upgraded to comply with TAC
§290.42(e)(7)(E).
Table I-5 Summary of required Chlorine Dioxide system improvements for plant expansion from 6 MGD to
12 MGD.
Chemical
Injection/location
Existing 6 MGD
Proposed 12 MGD
Capacity
Capacity
Chlorine dioxide
Rapid mix.'
Existing chlorine
*Refer to
Disinfection basin
dioxide generators,
Alternative 131-133
feed pumps of
& D8-D9
capacity 124.6 gpd
Sodium Hypochlorite
Rapid mix:'
Upon failure of
Upgrade bulk storage
Disinfection basin
designed chlorine
tank, pumps, and
dioxide system,
process control
Sodium Hypochlorite
capabilities
system is in place
Hydrochloric acid
Chlorine Dioxide
Existing system, but
*Refer to
generator
not in operation
Alternative DIM
Sodium Chlorite
Chlorine Dioxide
Existing system, but
*Refer to
Generator
not in operation
Alternative D1/D2
Sod um Hypoch orilte & LAS
Sodium Hypochlorite and Liquid Ammonium Sulfate (LAS) are combined in water treatment to
produce monochloramine. This compound is employed to reduce the potential generation of
disinfection byproducts and ensure extended disinfection effectiveness. Following the
unsuccessful application of the chlorine dioxide process, the BAWA East Water Plant has shifted
to employment of sodium hypochlorite and LAS for disinfection purposes across various stages of
the treatment process which includes the LLPS, rapid mix basin, clarifier, disinfection chamber,
Transfer pump station (TPS) and High Service Pump Station (HSPS). The existing infrastructure
includes a bulk storage capacity of 6100 gallons and a day tank capacity of 400 gallons for sodium
10
hypochlorite. Additionally, there is a bulk storage capacity of 3000 gallons and a day tank capacity
of 100 gallons for LAS. The existing disinfection system is designed to inject sodium hypochlorite
and LAS into the process at a rate of 9.5 gph and 2.6 gph, respectively, within the low lift pump
station. In the transfer pump station, the sodium hypochlorite injection rates are set at 2.1 gph for
sodium hypochlorite and 0.6 gph for LAS. As a part of plant expansion from 6 MGD to 12 MGD,
sodium hypochlorite system is to be upgraded effectively to use it as primary disinfectant and
chloramines as secondary disinfectant. The LAS system also requires expansion to meet the
treatment demand at low lift pump station and transfer pump station. The expansion of the
chemical feed system must meet following regulatory criteria:
i.) Expansion of Sodium Hypochlorite and LAS system must be able to feed chemicals to
low lift pump station, disinfection basin, transfer pump station and high service pump
station to properly form monochloramine as stated in TAC §290.42(e)(7).
ii.) Feed System and Bulk storage system for expansion of sodium hypochlorite and LAS
system to comply with TAC §290.42(e)(7)(D).
iii.) Sodium hypochlorite and LAS injection system to be designed to maintain at least 0.2
mg/L of free chlorine residual or 0.5 mg/L of chloramine residual in distribution water
to comply with §290.110(b)(2).
iv.) Process control and online analyzer system to be upgraded to comply with TAC
§290.42(e)(7)(E).
Table 1-6: Summary of required Sodium Hypochlorite and LAS system improvements for plant expansion
from 6 MGD to 12 MGD.
Chemical
Injection
Location
Existing 6 MGD
Capacity
Proposed 12 MGD Capacity
Sodium
Rapid
Existing Sodium
Upgrade bulk storage tank,
Hypochlorite
Mix/Disinfection
Hypochlorite bulk
pumps, and process control
Basin TPS/HSPS
tanks, day tanks,
capabilities
and four (4) feed
*Refer to Alternative D2-
pumps of capacity
D3, D6-D7 & D8-D9
9.5 gpd
11
Liquid
LLPS discharger'
Existing LAS bulk
Upgrade bulk storage tank,
Ammonium
Rapid Mix:`
tanks, day tanks,
pumps, and process control
Sulfate (LAS)
Disinfection
and four (4) feed
capabilities
Basin
pumps of capacity
*Refer to Alternative D2-
2.6 gpd
D3, D6-D7 & D8-D9
Water Stabi ization, Corros on Control and Fluoridation
The BAWA EAST SWTP employs caustic soda to achieve pH adjustment, zinc phosphate is used
as corrosion inhibitors, to the finished water before it is distributed to reduce the risk of corrosion
in tanks, pipes, and other components of the water system. The corrosion control is achieved
through pH adjustment and the application of corrosion inhibitors. Hydrofluorosilicic acid is used
for fluoridation of water prior to distribution. The expansion of plant from 6 MGD to 12 MGD
also requires following expansion of water polishing, and mineralization system:
i.) Upgrade of raw water monitoring system, Caustic soda storage and injection system,
and strategize to maintain Langelier Saturation index (LSI) to (-0.10 to +0.30),
Calcium Carbonate Precipitation Potential (CCPP) between 4-9 mg/L by adjusting pH
and alkalinity as recommended in USEPXs Optimal Corrosion Treatment
Recommendation (OCCT).
ii.) Upgrade Zinc phosphate system to meet the 12 MGD water supply demand to form
anodic film by not exceeding zinc concentration of 0.25 mg/L and Phosphate
concentration of 2 mg/L as recommended by USEPNs Optimal Corrosion Treatment
Recommendation (OCCT).
iii.) Upgrade Fluoride injection system to meet 12 MGD supply demand to maintain
fluoride concentration below maximum contaminant level (MCL) of 4 mg/L as stated
in TAC §290.104 and USEPA Fluoride Rule.
iv.) Process control and online analyzer system to be upgraded to comply with TAC
§290.42(e)(7)(E).
12
Table 1-7: Summary of required Water polishing system improvements for plant expansion from 6 MGD to 12
MGD.
Chemical
Injection/Location
Existing 6 MGD
Proposed 12 MGD
Capacity
Capacity
Caustic Soda
Transfer Pumps
Existing tote
Upgrade bulk Storage,
storage, and two
feed pumps addition and
(2) feed pumps of
process control
capacity 1.6 gpd.
capabilities
*Refer to Alternative
D4-D5, D6-D7 & D8-D9
Zinc Phosphate
Transfer Pumps
Existing tote
Upgrade bulk Storage,
storage, and two
feed pumps addition and
(2) feed pumps of
process control
capacity 1.6 gpd.
capabilities
*Refer to Alternative
D6-D7 & D8-D9
Hydrofluorosilic Acid
Transfer Pumps
Existing tote
Upgrade bulk Storage,
storage, and two
feed pumps addition and
(2) feed pumps of
process control
capacity 4.84 gpd.
capabilities
*Refer to Alternative
D6-D7 & D8-D9
Alternative Analys s.Chem ca System
This section provides an overview of the various alternatives evaluated for the chemical injection
system, as well as the adjustments that are to be implemented to optimize the overall plant
performance. The objective is to enhance the chemical system, ensuring effective process control,
adherence to diverse regulatory prerequisites, and the protection of public water distribution.
Chlorine Based Disinfection Alternatives
Alternative D1: The DB Team to address design fallacies and conduct inspection and thorough
maintenance on the existing chlorine dioxide generators and establish a budgetary framework for
13
quarterly monitoring, diagnostics, and servicing of the chlorine dioxide generators and process
instrumentation, and expand capacity (including substrate tanks, product chlorine dioxide storage,
pumping skids, and process control capabilities) to meet 12 MGD demand.
Alternative D2: Demolish the existing chlorine dioxide generation setup and facilitate the
transition to a chloramine disinfection system for phase 2 and ultimate expansion across the entire
facility.
Alternative D3: (For consideration with Alternative DI) Expansion of Sodium Hypochlorite and
LAS system inclusive of bulk storage tanks, feeding pump skids, analyzer system and process
control instrumentation to inject chemicals to only LLPS, TPS and HSPS.
Water Stabilization Alternatives
Alternative D4: Upgrade caustic storage bulk storage tank to use 50QO caustic soda. Utilizing a
50%' caustic solution has a smaller footprint but may not be reliable in freezing conditions due to
its higher freezing point at 58°F.
Alternative D5: Upgrade existing caustic storage bulk storage tank with high -capacity double
walled chemical storage tank to use 25% caustic soda. Utilizing a 25% caustic solution has a larger
footprint, however, turns out reliable in freezing conditions due to its lower freezing point at 0"F.
Chemical Pump Improvement Alternatives
Alternative D6: Upgrade all chemical feed pumps size to use duplex (1 duty, 1 Standby) skid.
Alternative D7: Addition and upgrade of chemical pumps to use triplex (2 duty, 1 Standby) skid.
Chemical Process Improvement Alternatives
Alternative D8: Use of existing flow signal based chemical pump control to adjust chemical
feedings.
AIternative D9: Modification of existing process control and instrumentation system by
transitioning from pump control based on flow signals to a more advanced approach driven by
signals from online analyzers for precise chemical pump control.
14
Design Recommendation
Following the evaluation of Alternatives D I to D3 for chlorine -based disinfection, considering the
decision matrix in APPENDIX B and the preference of BAWA's operations team, it is
recommended that the DB team consider the design of both Alternatives DI and D3. This entails
repairing the existing chlorine dioxide system and expanding the existing hypochlorite system for
disinfection. Alternative D2 also underwent an evaluation for chlorine -based disinfection system,
however, was subsequently excluded following discussion with BAWA's operation team.
Following a thorough evaluation of Alternatives D4 and D5. Alternatives D6 and D7, and
Alternative D8 and D9 for water stabilization, chemical pumps, and chemical process
improvement alternatives respectively, The DB team is recommended to consider Alternative D5
for water stabilization system upgrades to use 2510 caustic soda. Additionally. for the chemical
pump improvement, Alternative D6 is advised, which involves adding chemical pump skids. The
DB team is recommended to consider Alternative D8 to expand existing process control system to
accommodate plant expansion to 12 MGD,
E. Super Pulsator
The BAWA EAST SWTP utilizes pulsed bed (SuperPulsator) clarifiers via patented technology of
SuezNeolia Treatment Solutions. The SuperPulsator clarifier system integrates the stages of
flocculation, sedimentation, and clarification into either a singular unit or multiple parallel units
minimizing the footprint and O&M cost. There are currently two (2) pulsating clarifier units in
operation, each intended to handle an influent flow of 2,292 gallons per minute (gpm) and a
hydraulic loading rate of 2.08 gpmr:ft2. For expansion of the Water treatment plant from 6 to 12
MGD following changes are required:
i.) Addition of one Pulsed bed clarifier (SuperPulsator) system including concrete basin
ii.) Addition of one vacuum chamber and equipment
iii.) Upgrade/Expansion of sludge pumping and residual handling system
15
Table 1-8 Summary of required pulse bed clarifier improvements for plant expansion from 6 MGD to 12
MGD.
Pulse Bed
Clarifier
Existing 6 MGD Capacity
Proposed 12 MGD Capacity
SuperPulsator by
Existing
Two (2)
Proposed
Addition of one (1) vacuum
VEOLIA
SuperPulsator units
chamber and two (2)
with capacity of
SuperPulsator system
2,292 gpm (3.3
capable of handling flow of
MGD) and loading
2,292 (3.3 MGD) gpm at
rate of 2.08 gpm/ft2
hydraulic loading rate of
per unit
2.08 gpm/ ftz per unit
*Technology solution
provider to provide more
flexibility in operations of
the system to BAWA
*Possible Non -Disclosure Agreement to be made between BAWA and technology solution provider.
Design Recommendation
The DB team is recommended to consider design of one (I) rapid mix unit, one (1) vacuum
chamber and two (2) SuperPulsator system to cater the expansion of water treatment plant to 12
MGD,
F_ Disinfection Basin
The disinfection process at the BAWA EAST SWTP comprises several steps, primarily utilizing
pipeline contractor and disinfection basins. These pipeline contractors are crucial for disinfection
along the water conveyance routes, which extend from the low lift pump station to the rapid mix
chamber, from the transfer pump station to the ground storage tank (GST), and from the high
service pump station to the distribution lines. Additionally, disinfection also takes place within
process units like the rapid mix chamber and the disinfection basin. As part of the expansion of the
water treatment plant from 6 to 12 MGD, the design -builder team will undertake a concentration -
time (CT) study to ensure plant design is meeting the log -removals of Giardia, Crypto and viruses
16
as required by TCEQ. This study aims to determine the appropriate size of the disinfection basin
and, if necessary, specify the type of baffles to be employed.
Table 1-9 Summary of required disinfection basin improvements for plant expansion from 6 MGD to 12
MGD.
Disinfection
Existing 6 MGD Capacity
Proposed 12 MGD Capacity
Basin
Disinfection
Existing
One (1) serpentine
Proposed
*Addition of one (1) serpentine
basin
basin chlorine
basin chemical treatment -based
dioxide contractor
disinfection basin.
Design Recommendation
The DB team is recommended to consider design of one (1) serpentine basin chemical treatment -
based disinfection basin. The DB team is also advised to undertake CT study for the proposed
changes in BAWA's East water plant for plant expansion from 6 to 12 MGD.
G. Filters
The treated effluent from the disinfection basin is conveyed to a granular media filtration basin for
additional elimination of particulate matter. At the BAWA EAST SWTP, this process employs
SuezNeolia Treatment Solution's proprietary'Greenleaf self-backwashing granular media filters.
The existing filtration system consists of a single basin comprising four (4) filter cells, providing
a combined filter area of 1,255 square feet. The existing filter system is multi -media filter system
using torpedo sand, filter sand, anthracite, and granular activated carbon (GAC). This system is
designed to accommodate a flow capacity of 4,853 gpm. For expansion of the Water treatment
plant from 6 to 12 MGD following changes are required:
i.) Addition of multi -media filters.
ii.) Upgrade in backwashing and residual management systems.
iii.) Filtration system technology to be non-proprietary.
17
Table I-10 Summary of required filters improvements for plant expansion from 6 MGD to 12 MGD.
Granular
Media Filter
Existing 6 MGD Capacity
Proposed 12 MGD Capacity
Granular
Existing
one (1) Greenleaf
Proposed
Dual media self-backwashing
media filters
multimedia filter
filters of capacity 4,583 gpm (6.6
unit with capacity
MGD)
of 4,583 gpm (6.6
*Refer to Alternatives Gl-G2
MGD)
*Technology solution provider to
provide more flexibility in
operations of the system to
BAWA
*Possible Non -Disclosure Agreement to be made between BAWA and technology solution provider,
Alternative Analysis -Filters
This section provides an overview of the alternatives evaluated for the addition of filtration unit.
Alternative G I: Installation of one (1) 4,538 gpm (6 MGD) capacity multi -media Greenleaf filters
with filter media consisting of GAC, anthracite and sand providing filtration rate of 3-5 gpm ft'
and self- backwashing capacity at rate of 13-20 gpmi'ft2.
Alternative G2: Install one (1) new filter of 4,538 gpm (6 MGD) capacity and replace existing
Greenleaf filter system with non-proprietary filtration system to meet overall filtration rate of 3-5
gpm :ft2 and self- backwashing capacity at rate of 13-20 gpmifit2.
Alternative G3: Installation of one (1) 4,538 gpm (6 MGD) capacity multi -media with filter media
filter consisting of GAC, anthracite and sand providing filtration rate of 3-5 gpmift' and self-
backwashing capacity at rate of 13-20 gpm?'ft2 in addition to existing Greenleaf filter System.
Design Recommendation
After evaluation of alternatives G 1. G2 and G3, considering the decision matrix (APPENDIX B),
and BAWA's operation team's preference it is recommended that DB team consider design of either
Alternative G 1. G2 or G3 for filter expansion to accommodate plant expansion to 12 MGD.
18
H. Transfer Pump Station
The processed water from the filtration unit flows by gravity to a clearwell and where it is pumped
to the ground storage tank using transfer pumps, while also undergoing chemical injection. The
existing water transfer system comprises a single clearwell and three (3) transfer pumps, each with
a pumping capacity of 2083 gpm, providing firm capacity of 6 MGD. For expansion of the Water
treatment plant from 6 to 12 MGD following changes are required:
i.) Addition., -capacity upgrade of transfer pumps
Table I-11 Summary of required Transfer pump station improvements for plant expansion from 6 MGD to 12
MGD.
Transfer Pump
Station
Existing 6 MGD Capacity
Proposed 12 MGD Capacity
Transfer Pumps
Existing
Three (3) vertical
Proposed
Addition/ Capacity
turbine transfer pumps
upgrade of transfer
of pumping capacity of
pumps
2083 gpm each
*Refer to Alternatives
H 1-H3
Protective
Existing
Existing coating on
Proposed
Pumps and pipes are to
coatings
pump and piping is
be coated with
polyurethane coating.
appropriate blasting
Pumps are showing
and coating procedure.
signs of coating failure.
A ternative Ana ys s-Transfer Pumps
The alternative design for pumps at TPS assumes that pump station needs to consistently deliver a
firm capacity of 12 MGD even if the largest pump within the system is out of service.
Alternative HI: Increase the capacity of TPS by replacement of two (2) existing 2,083 gpm (3
MGD) pumps with 3,200 gpm (4.6 MGD) pumps and addition of one (1) 3,200 gpm (4.6 MGD)
pump in TPS to meet 12 MGD capacity. With this addition, the total pumping capacity of all
operational pumps will be 16.8 MGD, while the reliable capacity of the transfer pump station will
be 12.2 MGD.
19
Alternative H2: Increase the capacity of TPS by replacement of one (1) existing 2,083 gpm (3
MGD) pump with one (1) 4,160 gpm (6 MGD) pump and addition of one (1) 4160 gpm (6 MGD)
pump to meet demand and redundancy requirements. With this addition, the total pumping capacity
of all operational pumps will be 18 MGD, while the reliable capacity of the transfer pump station
will be 12 MGD.
Alternative H3: Increase the capacity of TPS by replacement of all three (3) existing 2,083 gpm (3
MGD) pumps with 3,000 gpm (4.3 MGD) pumps and addition of one (1) 3,000 gpm (4.3 MGD)
pump in TPS to meet demand and redundancy requirements. With this addition/upgrade, the total
pumping capacity of all operational pumps will be 17.3 MGD, while the reliable capacity of the
transfer pump station will be 12.9 MGD.
Desn Recommendation
After evaluation of alternatives H I to H3, considering the decision matrix (APPENDIX B), and
BAWA's operation team's preference it is advised that DB team consider design of either
Alternative H 1, H2 or H3 for Transfer Pumps expansion to accommodate 'for plant expansion to
12 MGD. The alternatives for Transfer pump station upgrades include a possible interim phase,
considering the current system demand from the Fast Water Treatment Plant with future upgrades
needed to reach 12 MGD plant capacity. The DB team is advised to evaluate design alternatives to
ensure that the plant expansion can ultimately accommodate the 12 MGD flow.
I. High Service Pump Station
At the BAWA7s EAST SWTP, water that has undergone processing and is stored in ground storage
tanks is distributed to the public through high -service pumps. The current water supply pump
system comprises three (3) pumps, each with a capacity of 2,083 gpm (3 MGD), providing total
pumping capacity to meet peak hourly demand of 9 MGD and firm capacity of 6 MGD. To
accommodate the plant expansion from 6 MGD to 12 MGD and meet the peak hourly demand for
distribution, the following modifications are necessary:
i.) Addition/capacity upgrade of high service pumps.
ii.) Maintenance of existing pumping system
iii.) Winterization of pumping system, associated piping, and appurtenances.
20
Table I-12 Summary of required high service pump station improvements for plant expansion from 6 MGD to
12 MGD.
High Service
Pump Station
Existing 6 MGD Capacity
Proposed 12 MGD Capacity
High Service
Existing
Three (3) vertical turbine
Proposed
Additions Capacity
Pumps
transfer pumps of
upgrade of transfer
pumping capacity of
pumps
2,083 gpm (3 MGD)
*Refer to Alternatives
each
I1-13 and 114
Protective
Existing
Existing coating on
Proposed
Pumps and pipes are to
coatings
pump and piping is
be coated with
polyurethane coating.
appropriate blasting
Pumps are showing
and coating procedure.
signs of coating failure.
Alternative Analysis- High Service Pumps
The alternative design for pumps at HSPS assumes that pump station needs to consistently deliver
a firm capacity at peak hourly flow of 18 MGD even if the largest pump within the system is out
of service.
Alternative II : Increase capacity of HSPS by replacement of all three (3) existing 2,083 gpm (3
MGD) pumps with 4,166 gpm (6 MGD) pumps and the addition of one (1) 4,166 gpm (6 MGD)
pump to meet the demand and redundancy requirements. With this change, the total pumping
capacity of all operational pumps will be 24 MGD, while the firm capacity at peak hourly flow
will be 18 MGD.
Alternative I2: Increase the capacity of HSPS by replacing one (1) existing 2,083 gpm (3 MGD)
pump with 6,250 gpm (9 MGD) pump and addition of one (1) 6,250 gpm pump (9 MGD) to meet
the demand and redundancy requirements. With this change, the total pumping capacity of all
operational pumps will be 24 MGD, while the firm capacity at peak hourly flow will be 15 MGD.
Alternative 13: Increase the capacity of HSPS by replacing two (2) existing 2,083 gpm (3 MGD)
pump with 5,200 gpm (7.5 MGD) pumps and addition of one (1) 5,200 gpm (7.5 MGD) pump to
21
meet the demand and redundancy requirements. With this change, the total pumping capacity of
all operational pumps will be 25.5 MGD, while the firm capacity at peak hourly flow will be 18
MGD.
Alternative 14: Increase the capacity of HSPS by replacing one (1) existing 2,083 gpm (3 MGD)
pump with 8,400 gpm (12 MGD) pump and addition of one (1) 8,400 gpm pump (12 MGD) to
meet the demand and redundancy requirements. With this change, the total pumping capacity of
all operational pumps will be 30 MGD, while the firm capacity at peak hourly flow will be 18
MGD.
Design Recommendation
After evaluation of alternatives 11 to 14, considering the decision matrix (APPENDIX B), and
BAWA's operation team's preference it is advised that DB team consider design of either
Alternative 11, 12,13 or 14 for High Service pump expansion to accommodate for plant expansion
to 12 MGD. The alternatives for high service pump station upgrades include a possible interim
phase, considering the current system demand from the East Water Treatment Plant with future
upgrades needed to reach 12 MGD plant capacity. The DB team is advised to evaluate design
alternatives to ensure that the plant expansion can ultimately accommodate the future peak hourly
demand of at least IS MGD.
J. Ground Storage Tanks
The primary role of the Ground Storage Tank (GST) is to store treated water prior to distribution,
while also providing a capacity cushion, or a flow equalization buffer, between a facility's
production and distribution system demand. Based on projected future connections the total
estimated BAWNs demand will be 31.92 MGD by 2025. The current maximum production
capacity of the Fritz Lanham SWTP is 25.878 MGD and the current maximum capacity of the
BAWA East SWTP is 6 MGD for a total maximum BAWA production capacity of 31.9 MGD.
System demand is forecasted to exceed capacity by 2026.
The American Water Works Association (AWWA) design guidance recommends providing a
minimum storage capacity equivalent to 20-percent of plant production capacity. Based on this
guidance the minimum recommended storage capacity for a 12 MGD plant is 2.4 MG of storage.
Providing a second, equal sized GST with 1.5 MG of storage would provide 3.0 MG of total storage
to slightly exceed the minimum recommended storage capacity required.
22
The first phase of construction of the existing plant included one (1) 1.50 MG precast, prestressed
concrete AWWA Dl 10 Type III ground storage tank (GST) with a 92'-3" diameter and 30' side
water depth. For expansion of the Water treatment plant from 6 to 12 MGD following changes are
required:
i.) Installation of 1.50 MG (minimum) concrete GST No. 2.
ii.) Determine if an early work package that includes GST No. 2 is necessary.
iii.)Replace level transmitter in GST No. 1 with radar level transmitter.
iv.) Address erosion around existing GST
Table I-13 Summary of Required Ground Storage Tank Capacity for Plant Expansion from 6 MGD to 12
MGD.
Ground Storage
Existing 6 MGD Plant
Ca aci
Proposed 12 MGD
Plant Ca aci
Capacity (MG)
1.50
1.50 (minimum)
Diameter (ft)
92.25
92.25 (minimum)
Side Water Depth (SWD) (ft)
30
30
Inlet Pipe Diameter (in)
24
24
Outlet Pipe Diameter (in)
24
24
Overflow Pipe Diameter (in)
24
24
Drain (in)
18
18
Equalization (in)
36
36
In addition, the Operations staff have identified a few issues whose solutions need to be
incorporated into the Expansion. Site grading around the existing GST No. 1 has begun to erode
and expose the GST foundation. If left unchecked the exposure could undermine the tank
foundation and damage the tank. The erosion should be addressed during the expansion and
incorporated in the geotechnical recommendations for the proposed GST No. 2. Additionally,
during the last winter storm, the level measurement device in the GST failed. The plant was unable
to read the water level in the GST and it caused the plant to go oflline during critical demand time.
The plant lacked redundancy and the additional capacity that a second GST could have provided.
For these reasons, Operations recommends changing the level measurement device in the GST to
a HydroRanger model radar level transmitter to provide a more reliable level measurement device.
Operations also wanted to explore the options for adding additional storage capacity in the form
of GST with capacity greater than 1.5 MG. This would provide the plant with more storage
23
capacity in the event of extreme weather. Construction of a new GST and tie-ins will require
coordination with Operations to limit the plant's down time, Due to the critical need for additional
storage an early work construction package that includes GST No.2 may be justified.
A.ternative Analys's Ground Storage
This section summarizes alternatives considered for ground storage expansion.
Alternative J1: Installation of equal capacity 1.50 MG, 92'-3" dia. x 30' SWD, concrete GST
Alternative J2: Installation of larger capacity 2.0 MG, 106'-8" dia. x 30' SWD, concrete GST
Alternative J3: Installation of larger capacity 2.5 MG, 119-3" dia. x 30' SWD, concrete GST
Design Recommendation
After evaluation of alternatives J 1 to J3, considering the decision matrix (APPENDIX B), and
BAWA's operation team's preference it is advised that DB team consider design of Alternative J3
for installation of 2.5 MG concrete GST. Alternatives J I and J2 also underwent an evaluation but
%vere subsequently eXCILided following discussion with BAWA's management team.
K. Electrical System
The BAWA's EAST SWTP receives utility power from CenterPoint Energy in the Northeast
quadrant of the facility from a 5 MVA, 34.5'4.16KV CenterPoint Energy Transformer adjacent to
the Primary Electrical Building. Three (3) sets of 350 KCMIL conductors run from the
CenterPoint Energy transformer to 1,200A, 4.16KV, Paralleling Switchgear-A. 1.5MW Generator
No. 1 connects to the Switchgear. Conduits are installed for future sections of the Switchgear to be
installed for three (3) future generators.
Paralleling Switchgear-A feeds 1,200A, 4.16KV, Paralleling Switchgear-B. From Switchgear-B,
4.16KV feeders branch out to the significant areas of the facility to 4.16KV:480 `277V transformers
located at the High Service Pump Station (XFMR No. 1 A), Low Lift Pump Station (XFMR No.
2A), Operations Building (XFMR No. 3A), and Primary Electrical Building (XFMR No. 4A).
Primary Electrical Building
The Primary Electrical Building is in the facility's Northeast quadrant. The building
distributes power to the entire facility. To accommodate the plant expansion from 6 MGD
24
to 12 MGD and meet the peak hourly demand for distribution, the following modifications
are necessary at the Primary Electrical Building:
0 Addition of a 1,500KW Generator.
ii.) Addition of 200A, 480.:277V, 4-Wire Feeder to Proposed Maintenance
Building in MCC 22-MCC-001.
Table I-14 Summary of Primary Electrical Building Equipment for Plant Expansion from 6 MGD to 12
MGD.
Equipment
Existing 6 MGD
Capacity
Proposed 12
MGD Capacity
Medium Voltage
Generator Paralleling
Switch ear
I
Distribution Switch ear
l
15KVA Medium Voltage
UPS
I
4160:480V Distribution
Transformer
I
1500 KW Medium Voltage
Diesel Generator
I
1
Low Voltage
MCC (22-MCC-001)
1
10 Ton Air Handler
2
40 HP Storm Water Pump
2
Maintenance Buildin Feeder
0
1
25 KVA Transformer
1
2. High Service Pump Station Electrical Building
The High Service Pump Station Electrical Building is fed from a 2MVA, 4.16KV:480- 277V
transformer (XFMR No. 1 A) that powers 480,'277V, 2,OOOA, MCC (23-MCC-001) in the
HSPS Electrical Building. The HSPS Electrical building provides power for both the HSPS
Pump Station and for the Transfer Pump Station.
Currently, 150HP VFDs are installed for 150HP High Service Pump Nos. 1 & 2. A 300HP
VFD is installed for 150HP High Service Pump No. 3. There is a spare bucket in 23-MCC-
001 for a feeder breaker and spare conduits installed for a future 300HP High Service Pump
No. 4.
25
100HP VFDs are installed for 50HP Transfer Pump Nos. 1-3. There is a spare bucket in
23-MCC-001 for a feeder breaker and spare conduits installed for a future 1 OOHP Transfer
Pump No. 3. To accommodate the plant expansion from 6 MGD to 12 MGD and meet the
peak hourly demand for distribution, the following modifications are necessary at the High
Service Pump Station Electrical Building:
i.) Upgrades and. or additions to the existing High Service Pumps.
i1.) Upgrades and or additions to the existing Transfer Pumps.
iii.) Connection of the proposed High Service Pump and Transfer Pump VFDs
to the existing PLC located in the High Service Pump Station Electrical
Building.
iv.) Replace existing Ground Storage Tank No. I level tran,rnitter with a radar
level transmitter.
V.) Connection of proposed Ground Storage Tank No. 2 level transmitter to
exi.,tin!! PLC' located in the High Service Pump Station Electrical Building.
Table 1-15 Summary of High Service Pump Station Electrical Building Equipment for Plant Expansion from
6 MGD to 12 MGD.
High Service
Pump Station
Electrical
Building
Existing 6 MGD Capacity
i
Proposed 12 MGD Capacity
High Service
Existing
Three (3) 150HP Vertical
Proposed
Upgrade of one (1)
Pumps
High Service Pumps
150HP Pump to 300HP
and Addition of one (1)
300HP
Transfer Pumps
Existing
Three (3) 50HP Vertical
Proposed
Upgrade of one (1)
Turbine Transfer Pumps
50HP Pump to 100HP
and Addition of one (1)
100HP Pump
26
Ground Storage
Existing
Existing 1.50 MG Tank
Proposed
Proposed 2.50 MG
Tanks
w/Pressure Transmitter
Tank w/Radar
Transmitter
3. Low Lift Pump Station Electrical Building
The Low Lift Pump Station Electrical Building is fed from a 750KVA, 4.16KV:48Oi277V
transformer (XFMR No. 2A) that powers 480i277V, 2,OOOA, MCC (24-MCC-001) in the
Low Lift Pump Station Electrical Building.
*Note: 24-MCC-001 is a 2,500A MCC with a 2,000A main breaker. However, XFMR No.
2A is a 750KVA transformer with a full -load current rating of 903A.
Currently, three (3) 60HP VFDs are installed for 30HP Low Lift Pump Nos. 1-3. There are
five (5) spare buckets in 24-MCC-001 for a feeder breaker and spare conduits installed for
a future 60HP Low Lift Pump Nos. 4-8.
In addition, two (2) 7.5HP Recycle Pumps, two (2) 40HP Raw Water Pumps, and a 10HP
Intake Screen Air Compressor is installed in the building. To accommodate the plant
expansion from 6 MGD to 12 v1GD and meet the peak hourly demand for distribution, the
following modifications are necessary at the Low Lift Pump Station Flectrical Building:
i.) Upgrades and. or additions to the existing Low Lift Pumps.
ii.) Connection of the proposed Low Lift Pump VFDs and proposed forebay
instrumentation to the existing PLC located in the Low Lift Pump Station
Electrical Building.
27
Table 1-16 Summary of Low Lift Pump Station Electrical Building Equipment for Plant Expansion from 6
MGD to 12 MGD.
Low Lift Pump
Existing 6 MGD Capacity
Proposed 12 MGD Capacity
Station
Electrical
Building
Low Lift Pumps
Existing
Three (3) 30HP Vertical
Proposed
Addition of Pumps
Turbine Low Lift Pumps
with an ultimate HP of
60HP
Recycle Pumps
Existing
Two (2) 7.5HP Recycle
No upgrades required
Pumps
Intake Screen
Existing
One(]) 1 OHP
No upgrades required
Air Compressor
Compressor
Forebay
Existing
10 MG Forebay No. 1
Proposed
10 MG Forebay No. 2
Level Sensors
Level Sensors
4. Operations Building
The Operations Building is fed from a 2MVA, 4.16KV:480`277V transformer (XFMR No.
3A) that powers 4801277V, 2,000A, MCC (20-MCC-001) in the Operations Building
Electrical Room. To accommodate the plant expansion from 6 MGD to 12 MGD and meet
the peak hourly demand for distribution, the following modifications are necessary to the
Operations Building electrical and instrumentation system:
i.) Upgrades and additions to the existing disinfection system to the existing
electrical system,
ii.) Connection of the proposed disinfection equipment to the existing PLC
located in the Operations Building Electrical Room.
iii.) Expansion. Duplication of rapid mix basin and backwash clarifier.
2
iv.) Addition of two (2) Super PLIkator systems to the existing electrical service
and PLC.
V.) Upgrades to the existing Sludge Pump Station to the existing electrical
service and PLC.
vi.) Connection of proposed Sludge Lagoon level sensors to the existing PLC
located in the Operations Building Electrical Room.
vii.) Connection of proposed Backwash Equalization Basin sensors to the
existing PLC located in the Operations Building Electrical Room.
Design Recommendation
After evaluation of existing electrical components, the DB team is advised considering design of
proposed electrical upgrades and components addition for primary electrical building, high service
PUMP station electrical building, low lift pump station electrical building, and operation building.
L. Yard Piping
The proposed 6 MGD expansion will consist of extending existing yard piping to the proposed
treatment units. The existing yard piping ranges in size from 2-inch to 36-inch. The allowable
velocity in piping shall be between 3 and 8 feet per second. The Raw Water Intake lines and
Distribution lines are adequately sized to meet the velocity requirements. Allowable pipe materials
for process piping are polyvinyl chloride (PVC) and ductile iron (DI). All ductile iron piping
interior lining shall be cement mortar lined. The buried ductile iron pipe exterior shall be asphaltic
coated, and polyethylene wrapped. Above grade ductile iron pipe exterior shall be painted.
Chemical lines sized 2-inch through 1 '.•4-inch are polypropylene tubing, and chemical lines sized
2-inch are PVC. All chemical lines are buried and routed in PVC chemical carrier pipes ranging in
size from 8-inch through 24-inch. Allowable pipe material for chemical carrier pipe is Schedule
80 PVC. Above grade chemical lines shall be painted and insulated. All existing and proposed
piping shall adhere to color code the requirements of TCEQ §290.42(d)(l 3)(A).
Table I-17 Summary of Existing Yard Piping
Location
PipeSizePipe
Material
Marker
Notes
Raw Water Intake
24
Ductile Iron
RW
To Forebay No. 1
24
Ductile Iron
RW
To Forebay No. 2 (Capped)
PILO]
Low Lift Pump Station
No. l
24
Ductile Iron
RW
To Rapid Mix
Sludge Lagoon No. 1
2
PVC
PW
Potable Water
4
PVC
SL
From Sludge Pump Station
4
PVC
BW
From Backwash Pump
Station
8
PVC
SN
To Recycle Pump Station
8
PVC
PW
Potable Water
Recycle Pump Station
4
PVC
SN
To Forebay No. 1
Transfer Pump Station
20
Ductile Iron
FW
From Backwash Filters No. 1
24
Ductile Iron
TW
To GST No. 1
GST No. 1
36
Ductile Iron
TW
Equalization
24
Ductile Iron
TW
Suction to HSPS
30
Ductile Iron
TW
HSPS Header
24
Ductile Iron
TW
Fill from TPS
Sludge Pump Station
4
Ductile Iron
SL
To Sludge Lagoon
8
Ductile Iron
DR
To Sludge Pump Station
10
Ductile Iron
SL
To Forebay No. 1
12
Ductile Iron
DL
To Sludge Pump Station
12
Ductile Iron
DL
To Sludge Pump Station
Backwash Equalization
Basin No. 1
6
Ductile Iron
BW
Backwash Pump Station to
Sludge Lagoon No. 1
Backwash Equalization
Basin
8
Ductile Iron
FTW
From Filter -to -Waste Drop
Box
12
Ductile Iron
BW
To Backwash Pump Station
24
Ductile Iron
BW
From Backwash Filters
Storm Water Pump
Station
16
PVC
STM FM
FM
24
Ductile Iron
STM
Suction
Distribution
20
PVC
PW
To Distribution
24
Ductile Iron
PW
To Distribution
24
PVC
PW
To Distribution
30
PVC
PW
To Distribution
Plant Potable Water
6
PVC
PW
Plant Potable Water
30
8
Ductile Iron
PW
Plant Potable Water
12
Ductile Iron
PW
Plant Potable Water
Plant Drain Line
4
Ductile Iron
DR/DL
Plant Drain
6
Ductile Iron
DR/DL
Plant Drain
12
Ductile Iron
DR/DL
Plant Drain
Lift Station
6
PVC
FM
Force Main
6
Ductile Iron
SS
Sanitary Sewer
12
Ductile Iron
SS
Sanitary Sewer
Chemical Piping
8
PVC
CCP
Chemical Carrier Pipe
10
PVC
CCP
Chemical Carrier Pipe
12
PVC
CCP
Chemical Carrier Pipe
18
PVC
CCP
Chemical Carrier Pipe
24
PVC
CCP
Chemical Carrier Pipe
Table I-18 Summary of Proposed Yard Piping for Plant Expansion from 6 MGD to 12 MGD
t Location
Pipe Size
in
Pipe Material
Marker
Notes
Raw Water Intake
24
Ductile iron
RW
Remove Cap and Continue to
Forebav No. 2
I.ow Lift Pump Station
No. 2
24
Ductile Iron
RW
To LLPS No. 1 Header
Sludge Lagoon No. 2
2
PVC
PW
Potable Water
4
PVC
SL
From Sludge Pump Station
4
PVC
BW
From Backwash Pump
Station
8
PVC
SN
To Recycle Pump Station
8
PVC
PW
Potable Water
Rapid Mix Basin
18
Ductile Iron
RW
From Splitter Box to Pulsed
Bed Clarifier No. 2
Transfer Pump Station
20
Ductile Iron
FW
4 From Backwash Filters No. 2
24
Ductile Iron
TW
To GST No. 2
GST No. 2
36
Ductile Iron
TW Equalization
24
Ductile Iron
I TW j Suction to HSPS
31
30
Ductile Iron
TW
HSPS Header
24
Ductile Iron
TW
Fill from TPS
Backwash Equalization
Basin No. 2
6
Ductile Iron
BW
Backwash Pump Station to
Sludge Lagoon No. 2
8
Ductile Iron
FTW
From kilter -to -Waste Drop
Box
12
Ductile Iron
BW
To Backwash Pump Station
24
Ductile Iron
BW
From Backwash Filters
Plant Potable Water
6
PVC
PW
Plant Potable Water
8
Ductile Iron
PW
Plant Potable Water
12
Ductile Iron
PW
Plant Potable Water
Plant Drain Line
4
Ductile Iron
DRIDL
Plant Drain
6
Ductile Iron
DRIDL
Plant Drain
12
Ductile Iron
DRIDL
Plant Drain
Chemical Piping
8
PVC
CCP
Chemical Carrier Pipe
10
PVC
CCP
Chemical Carrier Pipe
12
PVC
CCP
Chemical Carrier Pipe
18
PVC
CCP
Chemical Carrier Pipe
24
PVC
CCP
Chemical Carrier Pipe
Design Recommendation
After evaluation of existing yard piping facilities and components, the DB team is advised
considering de,,ign of proposed yard piping facilities to accommodate the plant expansion fi•om 6
MGD to 12 MGD.
M. Operations Building
Facility administration and operations are housed in the two-story Operations Building, The first
floor of the Operations Building houses chemical bulk tanks, chemical day tanks, chemical feed
equipment, storage space, instrument room, electrical room, and a mechanical room. The second
floor houses the control room, admin space, four (4) offices including a superintendent office,
meeting room, kitchen, one (1) men and one (1) women lavatory, lab, utilitylstorage room, file
room, mechanical room, date server room, and space for a future SCADA control room. As the
facility and staff continue to expand, the operators have identified the needs for additional
lavatories and office space. To accommodate this need either an existing space in the Operations
32
Building would need to be renovated, or lavatories and office space can be included in the proposed
Maintenance Building (Section N). For expansion of the Water treatment plant from 6 to 12 MGD
following changes are required:
i.) Provide additional men's and women's lavatory
A,ternative Analysis -Operations Bui ding
This section summarizes alternative considered for Operations Building
Alternative M 1: Renovate existing men's lavatory to mirror the women's lavatory.
Alternative M2: Install additional lavatories and office space in the proposed
Maintenance/Equipment Storage Building (See Section N).
Design Recommendation
After evaluation of Alternatives M I and M2. considering BAWA's operation team's preference it
is recommended Design -Build (DB) team consider both design alternatives of Alternative Ml and
M2 for upgrade of existing operations building.
N. Maintenance/Equipment Storage
To provide storage for large equipment and on -hand materials, the BAWA East Water Plant is
utilizing a 1,600-sq. ft area of crushed concrete on the northeast side of the plant. The storage area
does not have any cover and leaves the equipment and materials unprotected from the environment
and expedites corrosion and degradation. To prolong the service life of the equipment and materials
it is recommended to provide covered storage. Additionally, as the on -site personnel continue to
increase, the need for an additional men's and women's lavatory and additional office space has
become a priority. Incorporating these needs into the proposed Maintenance Building would be
preferable. For expansion of the Water treatment plant from 6 to 12 MGD following changes are
required:
i.) Construct covered storage for heavy equipment and on -hand materials.
ii.) Provide pipe racks for storage of on -hand piping.
iii.) Provide additional lavatories for personnel
iv.) Provide additional office space.
A ternative Analysis-Ma.ntenance/Equ'pment Storage
This section summarizes alternative considered for Maintenance/Equipment Storage
33
Alternative N1: No Maintenance Building. Continue utilizing existing crushed concrete area with
no covered storage.
Alternative N2: Construct a new 3,200-sq. ft Maintenance Building with 1,600-sq. ft Canopy for
covered storage. Reinforced Concrete Parking, Additional men's and women's lavatories and
office space to be included.
Alternative N3: Expand existing crushed concrete storage area and install 1,600-sq. ft Canopy
for covered storage.
Design Recommendation
After evaluation of alternatives NI to N3, considering the decision matrix (APPENDIX B), and
BAWA's operation team's preference it is advised that DB team consider design of Alternative N2
for construction of new 3200-sq. ft Maintenance building with 1600-sq.ft canopy for covered
storage. Alternative N1 and N3 also underwent an evaluation but was subsequently excluded
following discussion with BAWA's management team.
0. Site Improvements
The BAWA East Water Plant was built on a greenfield site that was master planned so that the
existing facilities could be expanded to increase the capacity in 6 MGD increments to an ultimate
capacity of 24 MGD. For the proposed Phase 2 expansion to 12 MGD the following site
improvements will be required: yard piping will need to be extended to proposed treatment units,
site grading and drainage improvements around the treatment units, extension of internal roadways
to proposed treatment units, and extension of the chemical piping to proposed treatment units. The
existing chemical lines are buried and routed in PVC chemical carrier pipes ranging in size from
8-inch through 24-inch. The carrier pipes are routed to ten (10) 4-ft x 4-ft and five (5) 6-ft x 6-ft
chemical vaults located throughout the site. These vaults have been observed to hold standing
water that inhibits operations and maintenance practices. In addition, the chemical vaults have
limited personnel access and are considered a confined space further inhibiting operations and
maintenance practices. Operations staff would like to explore options to address this issue as part
of the expansion. To address these improvements following changes are required:
i.) Extend Kingfisher Drive and install a second northern access gate for access from FM
1405.
ii.) Extend Pelican Place between Spoonbill Way and Egret Street.
34
iii.)Provide site grading and drainage around proposed treatment units.
iv.) Extend yard and chemical piping to proposed treatment units.
v.) Modify chemical vaults for ease of operations and better access.
Alternative Analysis- Site Improvements
This section summarizes alternatives considered for Site Improvements
Alternative 01: Extend Pelican Place and Extend Kingfisher Drive with crushed concrete paving
and install a second northern access gate for access from FM 1405.
Alternative 02: Extend Pelican Place and Extend Kingfisher Drive with reinforced concrete
paving and install a second northern access gate for access from FM 1405.
Alternative 03: Replace crushed concrete paving with reinforced concrete paving at the following
locations: Pipit Place (Forebay), Sandpiper Way (LLPS), Spoonbill Way (At the existing northern
entrance gate), and at Kingfisher Drive (At the Stormwater Pump Station).
Alternative 04: No change to existing crushed concrete paving throughout the site.
Alternative 05: Replace the top slabs of the fifteen (15) chemical vaults for ease of operations
and provide better personnel access.
Alternative 06: No modifications to the top slabs of the fifteen (15) chemical vaults.
Alternative 07: Perform earthwork at the future Phase structures.
Alternative 08: No earthwork at the future structures.
Alternative 09: Install Pilot Channel in the Stormwater Detention Pond
Alternative 010: No modifications to Stormwater Detention Pond
Des gn Recommendation
After e%-aluation of Alternatives 01 to 04 for roadway upgrades, considering the decision matrix
(APPENDIX B), and BAWA's operation team's preference it is recommended DB team further
evaluate Alternatives OI 02. and Alternatives 03 04 for roadway upgrades. The DB team shall
include Alternative 05 for chemical vault upgrades. Alternatives 07 and 09 were also assessed
and deemed not to be required, Alternatives 08 and 010 were selected_
W
P. Safety System Improvement~
Safety is paramount in water treatment plants to protect workers, the environment, and the public
from potential hazards. The BAWA East water plant currently incorporates safety measures, yet
continuous improvement of the safety system is essential to proactively mitigate potential hazards.
This standard serves as a comprehensive guideline to ensure worker protection and preparedness
against chemical exposure incidents. For the expansion of water treatment plant from 6 MGD to
12 MGD, following safety related upgrades are necessary:
i.) As water treatment and chemical injection capabilities are expanded, it is essential to
add/install strategically positioned safety shower and eyewash stations.
ii.) Worker's protection at treatment plant is vital and operators stationed within chemical
handling areas necessitate safeguarding against potential chemical -related risks.
Occupational Safety and Health Administration (OSHA) directs attention to the ANSI
Z358.1 standard as a reference, outlining the utilization of tepid water within the
temperature range of 60°F to 100°F for emergency eyewash and safety shower
installations. The current safety showers and eye wash stations lack water heaters to
provide consistently tepid water for the safety shower system year-round. Installation
of either tankless water heaters or heater tanks for the safety shower and eyewash
stations is required to comply with ANSI Z358.1.
iii.) To adhere to OSHA's 1910.134(c) standards and ensure operator safety in the event of
chemical leaks or unforeseen reactions with corrosive chemicals, it is necessary to
incorporate self-contained breathing apparatuses within the chemical room to protect
operators from breathing toxic gases.,fumes.
iv.) incorporation of gas detectors in confined spaces, as deemed necessary.
v.) Installation of safety nets and railings at elevated platforms, if deemed essential.
vi.) installation of safety signages and warning signs.
vii.) Enhancements to the electrical system and conduits to optimize overall worker safety.
Desrpn Recommendation
The DB team is advised to incorporate all necessary safety system improvements to adhere to
federal and state regulations and standards.
3
11. Budget
A. Budget/Engineer's Opinion of Probable Co. t
The preliminary Engineer's Estimate of Probably Cost is $50,255,000 (see Appendix C).
111. Schedule/Construction Constraints
The BAWA East SWTP is a critical facility for BAWA and its drinking water system. The
existing 6 MGD plant must remain in service and operational during all phases of design and
construction of this project. DB will need to work with BAWA to determine timing and durations
of any shutdowns to the existing plant to allow for tie-in work with existing plant.
For overall project schedule, please refer to Section 2.5 of the Request for Qualifications for this
project.
7
APPENDIX A
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APPENDIX C
40
Baytown Area Water Authority
East Surface Water Treatment Plant Phase 2 Expansion
from
6 MGD to 12
MGD
PRELIMINARY ESTIMATE OF PROBABLE COST
Description
quantity
Unit
Unit Price
Total Cost
1.
General Conditions
1
LS
$
1,849,068.00
$
1,849,100
2
Mobilization, demobilization, bonds, and insurance
1
LS
$
770,445.00
$
1,849,100
3.
Intake System/Algae Control System
1
LS
$
229,225.50
$
229,300
4.
Forebay
1
LS
$
3,285,042.80
$
3,285,100
5.
Low Lift Pump Station
1
LS
$
279,300.00
$
279,300
6.
Rapid Mix Unit
1
LS
$
842,600.00
$
842,600
7.
Super Pulsator Clarifier
1
LS
$
4,049,850.00
$
4,049,900
8.
Disinfection Basin
1
LS
$
2,105,722.50
$
2,105,800
9.
Chemical System Improvements
1
LS
$
1,060,000.00
$
1,060,000
10.
Filtration System
1
LS
$
7,064,960.00
$
7,065,000
11.
Sludge processing
1
LS
$
1,573,224.00
$
1,573,300
12,
Transfer Pump Station
1
LS
S
322,500.00
$
322,500
13.
High Service Pump Station
1
LS
$
668,300.00
$
668,300
14.
Ground Storage Tank
1
LS
$
2,425,000.00
$
2,425,000
15.
Yard Piping
1
LS
$
1,844,700.00
$
1,844,700
16,
Operations Building
1
LS
$
20,000.00
$
20,000
17.
Maintenance/Equipment Storage Area
1
LS
$
1,197,000.00
$
1,197,000
18.
Site Improvements
1
LS
$
636,000,00
$
636,000
19.
Electrical Improvements
1
LS
$
3,014,000.00
$
3,014,000
20, Safety System Improvements
1
LS
$
200,000,00
$
200,000
Subtotal
$
34,516,000
12%
Design Fee
$
4,142,000
30%
Contingency
$
11,597,400
Total
$
50,255,OOt}
Exhibit B
Scope of Services
DBIA Document No. 545 Modified Page 19
Progressive Design -Build Agreement for Water and Wastewater Projects
�') 2022 Design -Build Institute of Amenca
sOT
BAMYN
BAYTOWN AREA WATER
AUTHORITY EAST SURFACE
WATER TREATMENT PLANT
PHASE 2 EXPANSION
PROGRESSIVE DESIGN -
BUILD PROCUREMENT
Scope of PDB Services
CONTENTS
PHASE 1 SERVICES......................................................................................................1
Task1—Project Management......................................................................................1
Task 2—Alternative Analyses and Technical Workshops ............................................ 2
Task 3—Permitting and Approvals............................................................................... 3
Task 4—Survey and Field Investigations..................................................................... 5
Task 5—Engineering Design Development................................................................. 6
Task 6—Preconstruction Services............................................................................... 8
Task 7 - Phase 2 Price Proposal Development..........................................................11
PHASE 2 SERVICES....................................................................................................11
Task 1—Project Management....................................................................................11
Task 2—Design Completion......................................................................................
12
Task3—Construction................................................................................................12
Task 4—Testing, Commissioning, and Startup..........................................................
13
Task 5—Warranty and Closeout................................................................................14
BAWA East Surface WTP PH 11 Expansion
Draft Scope of PDB Services
PHASE 1 SERVICES
Baytown Area Water Authority (BAWA) (Owner) has elected to pursue the progressive
design -build (PDB) delivery method for this Project. The Design Builder will engage in
the Project at the end of the Basis of Design stage. The goal is to create a collaborative
Project Team with the Owner, Owner's Advisor (OA, BGE, Inc.), and Design Builder to
work seamlessly for the successful design and construction of the proposed Project.
The purpose of this coordinated approach is to identify and mitigate risks, increase
efficiency in the Project schedule and sequencing, enhance constructability and cost
estimating, encourage creative solutions, streamline Project execution, maintain
adequate operations during construction, and achieve a high level of quality and cost
control throughout the process.
Phase 1 services include:
Task 1—Project Management
Design Builder will:
1. Participate in a Phase 1 Project kickoff meeting. Participants shall include:
[BAWA PM, OA and DB PM].
2. Participate in a half day partnering workshop with Owner and Design Builder Key
Personnel. Participants shall include: BAWA, OA and DBT Key Personnel.
3. Within 45 days of the Phase 1 Notice to Proceed (NTP), provide a Draft Project
Management Plan (PMP) that describes the PDB approach to Phase 1
services. The PMP must be consistent with the Owner's previously prepared
Project Management and Execution Plan (PMEP). If the Design Builder
wishes to alter the PMEP, this must be made known when the PMP is
submitted for review. The format and level of detail for all documents, tools, and
processes shall be acceptable to the Owner. The plan will specifically address:
• Design Builder organization necessary to deliver Phase 1 services.
• Communication protocols, document management and control, decision
process, and dispute resolution matrix
• Proposed Cost Model format and organization (agreed -upon Cost Model
format and organization will be used as the basis for the Baseline Cost
Model, interim updates, updates at each defined design milestone, and
the Phase 2 Price Proposal)
BAWA East Surface WTP PH 11 Expansion
Phase 1 schedule
• Proposed Project schedule format and structure
• Proposed format and process for risk management (e.g., format of risk
register, process, etc.)
• Proposed format and structure for design, cost, and schedule trend
management process for Owner to provide input during Phase 1
• Table of contents for all plans defined in subsequent tasks (coordinate
with specific requirements)
Procurement Plan
Permitting and Approvals Plan
Quality Management Plan
Field Investigation Plan
- Site Logistics Plan (Phase 2)
Safety Management (Phase 2)
4. Based on Owner review and feedback, submit Final Project Management Plan
within two weeks of receiving Owner comments.
5. Participate in biweekly (minimum) progress meetings to review Project status.
6. Submit monthly invoices; report Phase 1 planned versus actual progress
monthly.
Task 1 Deliverables:
• Draft and Final Project Management Plan
• Progress Meeting Minutes
• Monthly Invoices/Progress Reports
Task 1 Assumptions:
12-month Phase 1 duration
Task 2—Alternative Analyses and Technical Workshops
The Design Builder will perform an analysis of various technical alternatives to allow the
Owner to make decisions necessary to refine the scope of the Project prior to
Engineering Design Development. These alternatives are more thoroughly explored in
the Basis of Design Report.
The Design Builder shall schedule, prepare for, and conduct technical workshops and
meetings with the Owner throughout Phase 1 as necessary. These technical meetings
and workshops are in addition to the progress meetings required under Task 1. The
BAWA East Surface WTP PH 11 Expansion 2
scheduling and discussion topics for these workshops shall be jointly agreed upon
between the Owner and the Design Builder and shall be intended to facilitate and
support Owner decision -making with respect to the Project configuration and design,
permitting, and construction planning progression. It is anticipated that up to 9
workshops will be held, including an electrical workshop. Each workshop will be
targeted for 2-hour duration.
Task 2 Deliverables:
Deliverables for alternatives analysis should be aligned with the Owner review and
decision -making requirements.
• Technical workshop agendas and meeting minutes (including presentation
materials)
• Memorandums summarizing the alternatives and decisions made for the
alternative analysis.
• A decision log shall be developed, maintained, and reviewed through the
workshop process. It is understood that subsequent changes to decision which
are mutually agreed -to could have schedule, scope and/or cost implications.
Task 2 Assumptions:
• Meeting minutes will be reviewed in 1 week.
• Memorandums will be reviewed within 2 weeks.
Task 3—Permitting and Approvals
A preliminary Permitting and Approvals Plan is set forth in Exhibit A. Exhibit A also
identifies all permits and approvals that are required in Phase 1.
Task 3.1—Permitting and Approvals Plan. The Design Builder shall identify, consult
with, and analyze requirements of governmental authorities having jurisdiction to
approve the portions of the Project described by Design Builder, including, but not
limited to, TCEQ, Chambers County and building permits. The Design Builder shall
develop a draft Project Permitting and Approvals Plan consistent with Exhibit A and
including any other permits/approvals identified by the Design Builder. The plan shall
identify/address all permits and approvals including those being obtained by the Owner.
The plan shall include a detailed schedule for obtaining permits and approvals during
Phase 1 and Phase 2 and for providing timely input and deliverables by the Design
Builder for the permits being obtained by the Owner, and for the Owner for permits
being obtained by the Design Builder. For each identified permit/approval, the plan shall
BAWA East Surface WTP PH 11 Expansion
include the following information:
• The name of the permit/approval
• Name and contact information for the authority having jurisdiction (AHJ)
responsible for issuing the permit/approval
• Responsibilities (individuals) for developing the permit application and supporting
technical information
• A summary of application and supporting technical requirements for each
permit/approval
• A description of linkages to other permits/approvals and to decisions by the
Owner and/or Design Builder
• Permit/approval tracking procedures and responsibilities
• Protocols for incorporating permit/approval conditions into design and
construction
The Design Builder shall provide the draft plan to the Owner for review and shall submit
it within 45 days of the NTP. Within 14 days following the receipt of Owner comments,
the Design Builder shall revise the plan to address Owner comments.
The Design Builder shall update the plan as Project development activities progress if
such progression results in identifying additional permits or changes to the permitting
requirements and durations. In addition, an updated Permitting and Approvals Plan shall
be provided to the Owner along with the following documents:
• Preliminary Design Package
• 60% Design Package
• Phase 2 Price Proposal(s)
Task 3.2—Secure Permits and Approvals Prior to Contract Price Amendment. The
Design Builder shall obtain, or support the Owner in obtaining, all permits/approvals
required in advance of the Contract Price Amendment to support Project progression.
The Design Builder shall:
• Actively monitor the status of permit/approval processing and respond to
requests for clarification, additional information, and application revisions by the
approving entities.
• Attend meetings with the approving entities to expedite permit processing. Notify
the Owner in advance of such meetings for possible Owner attendance.
BAWA East Surface WTP PH 11 Expansion 4
• Report to the Owner once permits or approvals have been obtained.
Task 3 Deliverables:
• Final Permitting and Approvals Plan
• Permitting Meeting Minutes
Task 3 Assumptions:
• It is assumed that Design Builder will obtain the required approvals from
TCEQ under the 290D regulations. Building & site development permits
shall also be obtained by the Design Builder.
• All environmental permits, including TWDB environmental clearance, shall
be the responsibility of the Owner.
Task 4—Survey and Field Investigations
The Design Builder may rely on the Owner -provided existing site data that will be
provided in a SharePoint link upon request. The Design Builder may not rely on any
prior engineering interpretations, opinions, or recommendations that may be contained
within the existing site information provided. The Design Builder will identify, plan, and
perform additional survey and field investigations needed to support design
development, validate existing site conditions, support permit applications, develop
maintenance of plant operation plans, identify subsurface conditions, and/or assess the
condition of existing facilities. The Design Builder will develop and submit a proposed
Field Investigation Plan, which shall be reviewed and approved by the Owner prior to
execution. The Field Investigation Plan should include survey, geotechnical, as -built
investigations and any other investigations the Design Builder deems necessary for the
Project.
Task 4 Deliverables:
• Proposed Field Investigation Plan
Task 4 Assumptions:
• Field Investigation Plan to include survey, geotechnical and as -built
investigations.
• Design Builder shall be able to rely on the record drawings provided for the
original project.
BAWA East Surface WTP PH 11 Expansion 5
Task 5—Engineering Design Development
Task 5.1—Preliminary Design Report (PDR) Package. The Design Builder shall:
1. Review the Project requirements and consult with the Owner as appropriate to
further clarify requirements for the Project including Owner's budget, review of
Owner's Project criteria, and available Owner -furnished information.
2. Evaluate the Project reference documents, including, but not limited to, the
Owner's Project criteria and, after consultation with Owner, recommend to Owner
any modifications to such documents which in Design Builder's judgment would
benefit the Project.
3. Services are based on designing the facilities included withing the Basis of
Design Report (BODR) provided by Owner. It is recognized that some variation
to these facilities may be developed during Task 2. While some modifications
are possible within the proposed design fee, the dB may need to discuss
adjustments If changes are significant.
4. Prepare and submit a Draft PDR Deliverable Package, which shall include:
• Updated Owner's Project Criteria
• Preliminary Design Report
Reports, memoranda, schematic layouts, sketches, design criteria, and
appropriate exhibits indicating the applicable requirements,
considerations involved, and recommended alternate solutions
Document of meetings and discussion with Owner regarding design
decisions
- Topographic survey of the entire Project site
- Preliminary geotechnical information
• Baseline Design -Build Cost Model
• Baseline Design -Build Schedule
5. For the PDR Deliverable Package, the Design Builder shall: submit the draft for
review; schedule and facilitate a review meeting with Owner to present the
package and an overview of the initial Cost Model and Project schedule; and
respond to Owner review comments.
6. The Design Builder shall maintain and update the PDR as necessary through
60% design. The Design Builder shall submit a final PDR Package with the 60%
Design Package as described in Task 5.2.
Task 5.2-60% Design Package. After completion of the PDR package, the Design
Builder shall proceed with further development and refinement of the design, including
development and submittal of a 60% Design Package to the Owner for review and
BAWA East Surface WTP PH 11 Expansion
comment. The 60% Design Package shall include all documents, drawings, and
specifications required under this task or identified as being submitted along with the
60% design under other tasks. At a minimum, the 60% Design Package shall include:
• Proposed Revisions to Owner's Project Criteria
• Final Adjudicated and Accepted Responses to Owner's Preliminary Design
Review Comments
• 60% Drawings
• 60% Specifications
• Draft Phase 2 Construction Emergency Response Plan and Site Safety Plan
• Draft Phase 2 Quality Management Plan
• Draft Preliminary Commissioning and Startup Plan
• Draft Preliminary Acceptance Test Plan
• Draft Maintenance of Plant Operations Plan
Draft Preliminary Operator and Maintenance Staff Training Plan
• Permit Logs
• 60% Design -Build Cost Model (including drawdown schedule)
• Design Builder Proposed Contingency Justification (based on updated
construction risk register)
• 60% Design -Build Schedule
• 60% Constructability Review Report
• 60% Procurement and Buyout Plan
Task 5.3—Baseline Document Design Package(s). For each Phase 2 Contract Price
Amendment, the Design Builder shall assemble the applicable design drawings,
specifications, and other information necessary to document the basis of the Phase 2
Contract Price Amendment. The Baseline Document Design Package(s) will incorporate
the adjudicated Owner review comments from all prior Design Package submissions.
Task 5 Deliverables:
• Draft PDR Package
• Owner Draft PDR Package Comments and Adjudicated Design Builder
Responses
• 60% Design Package
• Baseline Document Design Package(s)
Task 5 Assumptions:
• Engineering design will be done in a PDR and 60% package.
BAWA East Surface WTP PH 11 Expansion 7
Task 6---Preconstruction Services
Task 6.1—Cost Estimating. Throughout Phase 1, the Design Builder will develop and
maintain the Project Cost Model using industry standard cost -estimating software. As
part of this task, the Design Builder will complete the following:
1. Develop and submit a Baseline Project Cost Model based on the PDR design
documents. The Baseline Project Cost Model shall identify all Project tasks and
include a preliminary work breakdown structure (WBS) needed to complete the
Project and estimate the costs, duration, and sequence of tasks to the Project
Team. The Cost Model shall be based on a detailed labor and material type cost
estimate, consistent with Association for the Advancement of Cost Engineering
(AACE) practices. The Design Builder should include the following with the
Baseline Project Cost Model package:
• Baseline Project Cost Model
• Baseline Schedule
• Draft Site Logistics Plan
• Draft Construction Emergency Response Plan and Site Safety Plan
• Draft Quality Management Plan that ensures conformance to the Contract
Documents
• Draft Environmental Management Plan detailing programs for a
stormwater pollution prevention plan and handling other environmental
issues (dust, on -site chemicals and fuel, etc.) if required to comply with
permits and regulations applicable to the Project
2. Subsequent to submission of the Baseline Cost Model, hold up to two 4-hour
review workshops with Owner to review Design Builder's observations and
recommendations. Attendees include, at a minimum: project manager,
engineering manager, preconstruction manager, lead estimator, and construction
manager, along with any other necessary personnel.
3. In conjunction with the Owner's initial risk register, develop and maintain a
Project risk register during Phase 1. Risk register shall be used to inform and
develop appropriate and Project -specific contingency values throughout Phase 1
development. Design Builder must follow the Risk Management section of the
PMEP.
4. Develop and submit an updated Cost Model at PDR and 60% design milestones
for Owner's formal evaluation and review:
• PDR Design -Build Cost Model —based on PDR design, including
identification of construction phasing concepts that would result in
schedule savings. Identify any material or equipment prepurchase and
BAWA East Surface WTP PH 11 Expansion 8
their cost(s). Identify risks and benefits associated with construction
phasing concepts.
• 60% Design -Build Cost Model
5. Develop and maintain a Design Trend Log and Cost Trend Log. These logs may
be separate or combined with other decision logs based on the needs of the
Project Team. These logs will track all potential cost -saving proposals, value
engineering concepts, risk mitigation concepts, Owner -approved changes
ultimately approved by the Owner, and all major changes from the Baseline Cost
Model that arise as part of the design evolution process. For each item, Design
Builder shall identify options for resolving the change and, in a timely fashion,
estimate the cost and schedule impact associated with adopting the change to
support evaluation of the change. The log will allow for consistent tracking of
deviation from the Project baseline cost and schedule. Items will be reviewed
with the Owner on a Quarterly basis during design. Promptly advise the Owner
through the Cost Trend Log when the Cost Model is trending above the Owner's
available funding limit.
6. Subsequent to each formal Cost Model submission, work with the Owner to
review and reconcile comments and identify and update Project risk allocations
and usage.
Task 6.2—Design-Build Schedule. The Design Builder will:
1. Develop and submit a baseline Design -Build schedule. Incorporate permit
application submittals, issuance, and compliance into baseline schedule. The
baseline design -build schedule shall be a critical path method (CPM) schedule
and will identify all critical path activities, including long -lead equipment
procurement items, if any, and provide recommendations to the Owner to
optimize the schedule and prevent or minimize Project delivery impacts, including
consideration of multiple work packages, early equipment procurement, and
other cost and schedule mitigation approaches, if required by the Project
schedule. The Design Builder shall demonstrate and justify the basis for all work
packages or phased construction price proposals.
2. Submit updated CPM schedule at the following design milestones for formal
evaluation and review by Owner:
• Preliminary
• 60%
• Phase 2 Contract Price Amendment(s)
2. Design Builder must review and comply with the Schedule Management section
of the PMEP.
BAWA East Surface WTP PH 11 Expansion
Task 6.3—Constructability Reviews. The Design Builder shall provide constructability
reviews of the design as it progresses and at the Preliminary and 60% design submittal
milestones. As part of design review meetings, the Design Builder shall highlight
potential constructability issues, cost- and schedule -saving alternatives, Design
Builder's recommendations, and conduct follow-up activities as needed to resolve
issues.
The Design Builder will provide formal value engineering and constructability reviews at
the Preliminary and 60% design milestones. The Design Builder will also compile
comments in a tabular format acceptable to the Owner with supporting documentation
(descriptions, sketches, drawings, Bluebeam markup, PowerPoint presentation, etc.) as
necessary to convey intent.
Task 6.4—Procurement Plan. The Design Builder will:
1. Submit a Draft Procurement and Buyout Plan within 20 days of issuance of the
Preliminary design deliverable, addressing the following:
• Describe approach for packaging the work and identify work that the
Design Builder intends to self -perform. Identify and recommend which
work, if any, should be procured through value -based competitive
selections instead of low -bid selection.
• Describe the criteria (qualifications and price) that will be used to analyze
competitive bids for each element of the work.
• Describe approach for any early work packages or early procurement
packages of long -lead items that are identified and deemed necessary
prior to beginning Phase 2 of the Design -Build contract.
• All procurement procedures shall be in compliance with Owner
procurement rules as defined in the contract.
2. Update with each design deliverable.
3. Develop bid packages that align with the proposed sequence of work for efficient
execution and to encourage market interest.
4. This includes evaluation and consideration of multiple Phase 2 Contract Price
Amendments and early procurement and/or work packages, if required by the
Project schedule.
5. Actively "premarket" the Project with local trade subcontractors, equipment
vendors, and material suppliers to increase awareness and interest in submitting
competitive bids and quotes. Execute prequalification activities where
appropriate.
BAWA East Surface WTP PH 11 Expansion 10
6. Owner shall provide input and feedback on each iteration of Draft Procurement
and Buyout Plans.
Task 6 Deliverables:
• Baseline Project Cost Model Package
• Design and Cost Trend Logs
• Draft Procurement and Buyout Plans
Task 7 - Phase 2 Price Proposal Development
1, Prepare a detailed Phase 2 Price Proposal, meeting the requirements described
in the PDB Contract, with an open -book line -item cost breakdown on
subcontracted and self -performed work, contingency (with its basis), and any
clarifications, assumptions, or qualifiers based on the 60% design milestone(s).
2. Lead collaborative review of Phase 2 Price Proposal. Assume three 4-hour
workshops with the Owner to review details of Proposal, including, but not limited
to, results of procurement activities, differences from previous Cost Models, work
approaches that serve as the basis for production rates and activity durations,
basis for proposed contingency, etc. Assume participation by the Design
Builder's major subcontractors (if part of the Project Team), as appropriate.
Task 7 Deliverables:
• Phase 2 Price Proposal(s)
Task 7 Assumptions:
• Three 4-hour workshops to discuss price proposals.
PHASE 2 SERVICES
Phase 2 services are anticipated to include the following:
Task 'I —Project Management
1. Provide all Key Personnel identified in the RFP and other personnel necessary to
fully meet the Design Builder's obligations for construction services.
2. In conformance with the PDB Contract, obtain the necessary bonds and
insurance.
3. Within 30 days after the Phase 2 NTP, update and implement required plans.
4. Convene and facilitate a Phase 2 kickoff meeting.
BAWA East Surface WTP PH 11 Expansion 11
5. Obtain construction permits and coordinate with various local and state agencies
as necessary.
6. Implement procedures for the tracking, review, and approval of submittals, shop
drawings, pay requests, change orders, and requests for information.
7. Manage shop drawing preparation for permanent equipment and materials to be
incorporated into the Project.
8. Continue development of the CPM Project schedule, adding levels of detail to
properly manage the work and to record actual construction progress. Monitor
and update the construction schedule weekly; prepare look -ahead 90-day work
schedules consistent with overall schedule.
9. Review and process all pay applications from subcontractors.
10. Conduct monthly progress meetings to be attended by Owner, on -site
subcontract trade forepersons, and/or superintendents.
11. Develop and implement approach to managing and tracking contingency and
allowance usage on the Project. This includes regular updates on levels of
contingency and allowances remaining as well as the process and approvals
required for using contingency or allowances.
12. Prepare and submit timely monthly progress reports and invoices with current
cost and schedule information.
Task 2—Design Completion
The Design Builder shall advance the design to 100% completion considering all
comments and revisions required by permitting agencies and as suitable for
construction. The number of packages will depend on the phasing plan accepted by the
Owner. The 100% Design Package(s) shall include:
Final plans and specifications consistent with atypical 100% design milestone,
stamped and signed by the Engineer of Record, registered in the state of Texas.
Task 3—Construction
The Design Builder will:
1. Perform construction in strict accordance with the PDB Contract and design
documents.
2. Set and maintain the site safety standards, policies, and procedures starting in
construction and carrying through commissioning and startup.
3. Provide engineering oversight to affirm construction in accordance with design
documents.
BAWA East Surface WTP PH 11 Expansion 12
4. Maintain the Project site including stormwater runoff, dust control, removal of
refuse, temporary utilities, etc.
5. Establish and implement procedures to track, expedite, and process all
submittals, change orders, and requests for information.
6. Develop, review, and process shop drawings and other documents.
7. Procure material and equipment to support construction activities of the Design
Builder and its trade subcontractors.
8. Coordinate and manage all construction for all required facilities, appurtenances,
site improvements, and other associated work in accordance with the contract
documents within the GMP and the specified contract time.
9. Coordinate regular inspections of all construction work performed by the Design
Builder and its subcontractors to ensure conformance with the contract
documents and Quality Management Plan.
10. Maintain current copies of Project record drawings at the Project site, including
all subcontracted work.
11. Prepare and coordinate maintenance of plant operations plans with the Owner
during construction.
Task 4---Testing, Commissioning, and Startup
The Design Builder will:
1. Expedite and coordinate delivery, storage, security, and installation of Owner -
procured material and equipment, as applicable.
2. Develop, coordinate, and manage a commissioning, startup, and testing plan, as
necessary, for the Owner to accept the Project as completed and ready to use.
3. Lead commissioning and process startup.
4. Gain Regulatory approval needed to operate and provide TCEQ approved
drinking water.
5. Develop operation and maintenance manuals for improvements.
6. Train Owner staff and develop SOPslmaintenance requirements.
7. In collaboration with the Owner, provide the appropriate information to update
and maintain the Owner's asset management system, if required.
8. Complete all Phase 2 work, including testing, commissioning, and acceptance
testing as defined by the PDB Contract.
BAWA East Surface WTP PH 11 Expansion 13
Task 5—Warranty and Closeout
The Design Builder will:
1. Supervise and manage the warranties provided to the Owner for the equipment
and construction work.
2. Gather warranty work items from the subcontractors and vendors and provide
these to the Owner upon final completion of the Project.
3. Close out construction permits issued to the Design Builder.
4. Conduct a walk-through with the Owner to make sure that the Owner and Design
Builder agree that Phase 2 work is substantially complete before the warranty
period defined in the PDB Contract goes into effect.
5. Implement close-out procedures necessary for the Owner to accept the Project
as being finally complete; provide lien waivers from the Design Builder and its
subcontractors and material suppliers.
6. Complete any warranty work during the specified warranty period.
BAWA East Surface WTP PH 11 Expansion 14
Exhibit C
General Conditions of Contract
DBIA Document No. 545 Modified Page 20
Progressive Design -Build Agreement for Water and Wastewater Projects
0 2022 Design -Build Institute of America
Standard Form of
General Conditions of
Contract Between Owner
and Design -Builder
Design -Build Institute of America - Contract Documents
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INSTRUCTIONS
For DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder
(2022 Edition)
General Instructions
No.
Subject
Instruction
Standard form contracts have long served an important function in the United States and
Standard
international construction markets. The common purpose of these forms is to provide an
1.
Forms
economical and convenient way for parties to contract for design and construction services_
As standard forms gain acceptance and are used with increased frequency, parties are able
to enter into contracts with greater certainty as to their rights and responsibilities.
Since its formation in 1993, the Design -Build Institute of America (DBIA) has regularly
evaluated the needs of Owners, Design -Builders, and other parties to the design -build
DBIA Standard
process in preparation for developing its own contract forms. Consistent with DBIA's mission
2.
Form Contract
of promulgating best design -build practices, DBIA believes that the design -build contract
Documents
should reflect a balanced approach to risk that considers the legitimate interests of all parties
to the design -build process. DBIA's Standard Form Contract Documents reflect a modern risk
allocation approach, allocating each risk to the party best equipped to manage and minimize
that risk, with the goal of promoting best design -build practices.
To avoid inconsistencies among documents used for the same project, DBIA's Standard Form
Use of Non-
Contract Documents should not be used in conjunction with non-DBIA documents unless the
3.
DBIA
non-DBIA documents are appropriately modified on the advice of legal counsel. Moreover,
Documents
care should also be taken when using different editions of the DBIA Standard Form Document
on the same project to ensure consistency.
Legal
DBIA Standard Form Contract Documents are legally binding contracts with important legal
4.
Consequences
consequences. Contracting parties are advised and encouraged to seek legal counsel in
completing or modifying these Documents.
DBIA hereby grants to purchasers a limited license to reproduce its Documents consistent
5.
Reproduction
with the License Agreement accompanying these Documents. At least two original versions
of the Agreement should be signed by the parties. Any other reproduction of DBIA Documents
is strictly prohibited.
Effective contracting is accomplished when the parties give specific thought to their
contracting goals and then tailor the contract to meet the unique needs of the project and the
design -build team. For that reason, these Documents may require modification for various
purposes including, for example, to comply with local codes and laws, or to add special terms.
DBIA's latest revisions to its Documents provide the parties an opportunity to customize their
6.
Modifications
contractual relationship by selecting various optional contract clauses that may better reflect
the unique needs and risks associated with the project.
Any modifications to these Documents should be initialed by the parties. At no time should a
document be re -typed in its entirety. Re-creating the document violates copyright laws and
destroys one of the advantages of standard forms — familiarity with the terms.
7.
Execution
It is good practice to execute two original copies of the Agreement. Only persons authorized
to sign for the contracting parties may execute the Agreement.
Instruction Sheet for DBIA Document No. 535 Page 1
0 2022 Design -Build Institute of America
Specific Instructions
Section
Title
Instruction
The General Conditions of Contract provide the terms and conditions under which the work
of the Project will be performed.
General
Purpose of This
Document
This document accompanies DBIA Document No. 525 and DBIA Document No. 530 (each
referred to herein generally as "Agreement"). It may also be incorporated by reference into
other related agreements, as between Design -Builder and Design Consultant, and Design -
Builder and Subcontractor.
The following Sections reference documents that are to be attached to the Agreement:
General
Checklist
Section 3.5.1 Owners Permit List
Article 5 Insurance and Bonds
Section 9.4.2 Unit Prices
2.1.3
Schedule
The parties are encouraged, if possible, to agree to a schedule for the execution of the
Work upon execution of the Agreement or upon establishing the GMP.
Design
The parties should be aware that in addition to requiring compliance with state licensing
2.2.1
Professional
laws for design professionals, some states also require that the design professional have
Services
a corporate professional license.
Design -Builder's obligation is to deliver a design that meets prevailing industry standards.
However, DBIA has provided the parties at Article 11 of the Agreement an optional
Standard of Care
Provision whereby if Owner can identify specific performance standards that can be
for Design
objectively measured, Design -Builder is obligated to design the Project to satisfy these
2.3.1
Professional's
standards if this optional provision is selected. To avoid any confusion and to ensure that
Services
the parties fully understand what their obligations are, the specific performance standards
should be clearly identified and should be able to be objectively measured. Design -Builder
should recognize that this is a heightened standard of care that has insurance ramifications
that should be discussed with Design -Builder's insurance advisor.
Design -Builder is responsible for obtaining all necessary permits, approvals, and licenses,
Government
except to the extent specific permits, approvals, and licenses are set forth in an Owner's
3.5.1
Approvals and
Permit List, which must be attached as an exhibit to the Agreement. The parties, prior to
Permits
execution of the Agreement, should discuss which permits, approvals and licenses need
to be obtained for the Project and which party is in the best position to do so.
Design -Builders
Design-Buiider is obligated to provide insurance coverage from insurance carriers that
5.1.1
insurance
meet the criteria set forth in the Insurance Exhibit attached to Section 10.1 of the
Requirements
Agreement.
Exclusions to
Parties are advised that their standard insurance policies may contain exclusions for the
5.1.2
Design -Build
design -build delivery method. This Section 5.1.2 requires that any such exclusions be
deleted from the policy.
Owner's
Owner, in addition to providing the insurance set forth in this Section and Section 5.3, is
5.2
Insurance
also obligated to procure the insurance coverages for the amounts and consistent with the
Requirements
terms set forth in the Insurance Exhibit made part of the Agreement.
5.4
Bonds and Other
Performance
Design -Builder is only obligated to provide bonds or other forms of performance security
Security
to the extent called for in Section 10.2 of the Agreement.
Instruction Sheet for DBIA Document No. 535 Page 2
0 2022 Design -Build Institute of America
Section
Title
Instruction
8.2.2
Compensability
The parties are provided the option in the Agreement of negotiating whether Design -Builder
for Force Majeure
Events
is entitled to compensation for Force Majeure Events.
9 4 1
Pric
e Contract e
Adjustments ric
Unit prices, if established, shall be attached pursuant to Article 2 of the Agreement.
When Owner disputes Design -Builders entitlement to a change order or disagrees with
Design -Builder regarding the scope of Work, and nevertheless expects Design -Builder to
perform the services, Design -Builder's cash flow and ability to complete the Work will be
Payment/
hampered if Owner fails to pay Design -Builder for the disputed services. This Section
9.4.3
Performance of
provides a balanced approach whereby Design -Builder is required to perform the services,
Disputed
but Owner is required to pay fifty percent (50%) of Design -Builder's reasonable estimated
Services
direct costs of performing such services until the dispute is settled. By so doing, Owner
does not forfeit its right to deny total responsibility for payment, and Design -Builder does
not give up its right to demand full payment. The dispute shall be resolved according to
Article 10.
DBIA endorses the use of partnering, negotiation, mediation and arbitration for the
prevention and resolution of disputes. The General Conditions of Contract provides for the
Article
Contract
parties' Representatives and Senior Representatives to attempt to negotiate the dispute or
10
Adjustments and
disagreement. If this attempt fails, the dispute shall be submitted to mandatory, non -binding
Disputes
mediation. Any dispute that cannot be resolved by mediation shall then be submitted to
binding arbitration, unless the parties elect in the Agreement to submit their dispute to a
court of competent jurisdiction.
The prevailing party in any arbitration shall receive reasonable attorneys' fees from the
10.3.4
Arbitration
other party. DBIA supports this "loser pays" provision to encourage parties to negotiate or
mediate their differences and to minimize the number of frivolous disputes.
Duty to Continue .
Pending the resolution of any dispute or disagreement, both Owner and Design -Builder
10.4
Performance
shall continue to perform their respective duties under the Contract Documents, unless the
parties provide otherwise in the Contract Documents.
DBIA believes that it is inappropriate for either Owner or Design -Builder to be responsible
10.5
Consequential
to the other for consequential damages arising from the Project. This limitation on
Damages
consequential damages in no way restricts, however, the payment of liquidated damages,
if any, under Article 5 of the Agreement.
If Design -Builder properi y terminates the Agreement for cause, it shall recover from Owner
Design -Builders
in the same way as if Owner had terminated the Agreement for convenience under Section
11.4
Right to
11.6 of the General Conditions- Owner shall pay to Design -Builder its costs, reasonable
Terminate for
overhead and profit on the costs, and an additional payment based an a percentage of the
Cause
remaining balance of the Contract Price, all as set forth in Article 8 of the Agreement.
Termination for
Owner should not use the Termination for Convenience clause to obtain Design -Builder's
Convenience-
valuable design concepts and then seek lower bids from another design -builder. If Owner
11.6.2
Owner's Use of
terminates this Agreement for its own convenience, and chooses to proceed with the
Work Product
Project using Design -Builder's Work Product, Owner should pay an additional sum for the
use of Design -Builder's Work Product pursuant to Section 4.3 of the Agreement.
Design,Builder and Owner shall agree on the software and format for the transmission of
Article
Electronic Data. Ownership of Work Product in electronic form is governed by Article 4 of
12
Electronic Data
the Agreement. The transmitting party disclaims all warranties with respect to the media
transmitting the Electronic Data. but nothing in this Article is intended to negate duties with
respect to the standard of care in creating the Electronic Data.
Instruction Sheet for DBIA Document No. 535 Page 3
0 2022 Design -Build Institute of America
TABLE OF CONTENTS
Article Name
Page
Article1 General------------------------------------------------------------------------------------------------------------1
Article 2 Design -Builder's Services and Responsibilities................................................ 2
Article 3 Owner's Services and Responsibilities............................................................. 7
Article 4 Hazardous Conditions and Differing Site Conditions_: ..................................... 9
Article 5 Insurance and Bonds 10
Article 6 Payment ._ ,11
Article 7 Indemnification 14
Article 8 Time 16
Article 9 Changes to the Contract Price and Time 16
Article 10 Contract Ad'ustments and Disputes ............................................................. 18
Article 11 Stop Work and Termination. 19
Article 12 Electronic Data . 22
............................................................................................
Article 13 Miscellaneous. 23
..............................................................................................
Article 1
General
1.1 Mutual Obligations.
1.1.1 Owner and Design -Builder commit at all times to cooperate fully with each other and
proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded
under the Contract Documents.
1.2 Basic Definitions.
1.2.1 Agreement refers to the executed contract between Owner and Design -Builder under the
DBIA Document No. 545, Standard Form of Progressive Design -Build Agreement for Water and
Wastewater Projects (2022 Edition), as amended.
1.2.2 Basis of Design Documents are as follows: the Owner's Project Criteria and the Design -
Builder's Proposal.
1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to
be prepared or assembled by Design -Builder consistent with the Basis of Design Documents unless
a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed
by both Owner and Design -Builder, as part of the design review process contemplated by Section
2.4 of these General Conditions of Contract.
1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract
Documents.
1.2.5 Design -Build Team is comprised of Design -Builder, Design Consultant, and key
Subcontractors identified by Design -Builder.
1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of
Design -Builder, but is retained by Design -Builder: or employed or retained by anyone under
contract with Design -Builder, to furnish design services required under the Contract Documents. A
Design Sub -Consultant is a qualified: licensed design professional who is not an employee of
Design Consultant but is retained by Design Consultant or employed or retained by anyone under
contract to Design Consultant, to furnish design services required under the Contract Documents.
1.2.7 Design Submission means any and all documents, shop drawings, electronic information,
including computer programs and computer generated materials, data, plans, drawings, sketches,
illustrations, specifications, descriptions, models, and other information developed, prepared,
furnished, delivered or required to be delivered by, or for, Design -Builder.
1.2.8 Final Completion is the date on which all Work is complete in accordance with the Contract
Documents, including but not limited to, any items identified In the punch list prepared under
Section 6.6.1 and the submission of all documents set forth in Section 6.7.2.
1.2.9 Force Majeure Events are those events that are beyond the control of both Design -Builder
and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse
weather conditions not reasonably anticipated, and other acts of God.
1.2.10 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of
General Conditions of Contract Between Owner and Design -Builder (2022 Edition), as amended.
1.2.11 GMP Exhibit means that exhibit attached to DBIA Document No. 530, Standard Form of
Agreement Between Owner and Design -Builder- Cost Plus Fee With an Option for a Guaranteed
Maximum Price, which exhibit will have been agreed upon by Owner and Design -Builder prior to
DBIA Document No. 535 Modified Page 1
Standard Forth of General Conditions of Contract Between Owner and Design -Builder
0 2022 Design -Build Institute of America
the execution of the Agreement
1.2.12 GMP Proposal or Proposal means that proposal developed by Design -Builder in
accordance DBIA Document No. 545, Progressive Design -Build Agreement for Water and
Wastewater Projects as amended.
1.2.13 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to
be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or
disposal of which are regulated by applicable Legal Requirements.
1.2.14 Legal Requirements are all applicable federal, state and local laws, codes, ordinances,
rules, regulations, orders and decrees of any government or quasi -government entity having
jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work.
1.2.15 Owner's Project Criteria are developed by or for Owner to describe Owner's program
requirements and objectives for the Project, including use, space, price, time, site and expandability
requirements, as well as submittal requirements and other requirements governing Design -
Builder's performance of the Work. Owner's Project Criteria may include conceptual documents,
design criteria, design performance specifications, design specifications, and LEEDO or other
sustainable design criteria and other Project -specific technical materials and requirements.
1.2.16 Site is the land or premises on which the Project is located.
1.2.17 Subcontractor is any person or entity retained by Design -Builder as an independent
contractor to perform a portion of the Work and shall include materialmen and suppliers.
1.2.18 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent
contractor to perform any portion of a Subcontractor's Work and shall include materialmen and
suppliers.
1.2.19 Substantial Completion or Substantially Complete means the date on which the Work, or
an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract
Documents so that Owner can occupy and use the Project or a portion thereof for its intended
purposes.
1.2.20 Work is comprised of all Design -Builder's design, construction and other services required
by the Contract Documents, including procuring and furnishing all materials, equipment, services
and labor reasonably inferable from the Contract Documents.
Article 2
Design -Builder's Services and Responsibilities
2.1 General Services.
2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the
necessary expertise and experience required to supervise the Work. Design -Builder's
Representative shall communicate regularly with Owner and shall be vested with the authority to
act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the
mutual agreement of Owner and Design -Builder.
2.1.2 Unless the parties agree on a different time period for submission of a status report,
Design -Builder shall provide Owner with a monthly status report detailing the progress of the Work,
including (i) whether the Work is proceeding according to schedule; (ii) whether discrepancies,
DBIA Document No. 535 Modified Page 2
Standard Form of General Conditions of Contract Between Owner and Design -Builder
0 2022 Design -Build Institute of America
conflicts, or ambiguities exist in the Contract Documents that require resolution; (iii) whether health
and safety issues exist in connection with the Work; (iv) status of the contingency account to the
extent provided for in the Standard Form of Agreement Between Owner and Design -Builder— Cost
Plus Fee With an Option for a Guaranteed Maximum Price; and (v) other items that require
resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract
Price and within the Contract Time(s). Status reports shall be submitted with Design -Builder's draft
Payment Applications as a pre -requisite to payment.
2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as
an exhibit at the time the Agreement is executed, Design -Builder shall prepare and submit, at least
three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the
execution of the Work for Owner's review and response. The schedule shall indicate the dates for
the start and completion of the various stages of Work, including the dates when Owner information
and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule
shall be revised as required by conditions and progress of the Work, but such revisions shall not
relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such
dates may be adjusted in accordance with the Contract Documents. Owner's review of, and
response to, the schedule shall not be construed as relieving Design -Builder of its complete and
exclusive control over the means, methods, sequences and techniques for executing the Work.
2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss
issues affecting the administration of the Work and to implement the necessary procedures,
including those relating to submittals and payment, to facilitate the ability of the parties to perform
their obligations under the Contract Documents.
2.2 Design Professional Services.
2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through
qualified, licensed design professionals employed by Design -Builder, or procured from qualified,
independent licensed Design Consultants, the necessary design services, including architectural,
engineering and other design professional services, for the preparation of the required drawings,
specifications and other design submittals to permit Design -Builder to complete the Work consistent
with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create
any legal or contractual relationship between Owner and any Design Consultant.
2.2.2 Design -Builder shall employ only Design Consultants and/or Design Subconsultants who
are duly licensed and qualified to perform the Work consistent with the Contract Documents. Prior
to the date that Design Consultants and/or Design Subconsultants perform Work on the Project,
Design -Builder shall identify in writing to Owner all Design Consultants and Design Subconsultants.
To the extent that Design -Builder has not selected a Design Consultant or Design Subconsultant
prior to performing the Work, Design -Builder shall provide Owner in writing a list of any
subsequently added Design Consultants and/or Design Subconsultants and their scope of Work
prior to their performing Work on the Project. Owner may reasonably object to Design -Builder's
selection of any Design Consultant or Design Subconsultant, provided that the Contract Price
and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -
Builder's cost and/or time of performance. Design -Builder shall not substitute a listed Design
Consultant or Subconsultant without obtaining Owner's prior written consent; such consent shall
not be unreasonably withheld. Nothing in the Contract Documents is intended or deemed to create
any legal or contractual relationship between Owner and any Design Consultant or Design
Subconsultant, including but not limited to any third -party beneficiary rights.
2.3 Standard of Care for Design Professional Services.
2.3.1 The standard of care for all design professional services performed to execute the Work
shall be the care and skill ordinarily used by members of the applicable profession practicing under
similar conditions at the same time and locality of the Project.
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2.4 Design Development Services.
2.4.1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract
Documents, agree upon any interim Design Submissions that Owner may wish to review, which
interim Design Submissions may include design criteria, drawings, diagrams and specifications
setting forth the Project requirements.
2.4.1.1 Design Submissions shall be consistent with the Owner's Project Criteria as well
as the Basis of Design Documents, as the Basis of Design Documents may have been
changed or supplemented through the design process set forth in this Section 2.4.1. By
submitting Design Submissions, Design -Builder represents to the Owner that the Work
depicted and otherwise shown, contained, or reflected in Design Submissions may be
constructed in compliance with the then current Contract Price and Contract Time.
Notwithstanding the above, Design -Builder may propose Design Submissions that may
alter the Basis of Design Documents, the Contract Price and/or Contract Time; however,
Design -Builder must provide notice thereof in accordance with Article 10 of the General
Conditions and obtain a Change Order before such proposed Design Submissions are
incorporated into the Construction Documents.
2.4.1.2 On or about the time of the Design Submissions, Design -Builder and Owner shall
meet and confer about the Design Submissions, with Design -Builder identifying during
such meetings, among other things, the evolution of the design and any changes to the
Basis of Design Documents, or, if applicable, previously submitted Design Submissions.
Changes to the Basis of Design Documents, including those that are deemed minor
changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of
the meetings, including a full listing of all changes, will be maintained by Design -Builder
and provided to all attendees for review. Following the design review meeting, Owner shall
review and approve the interim Design Submissions and meeting minutes in a time that is
consistent with the turnaround times set forth in Design -Builder's schedule.
2.4.1.3 Owner shall review and respond to Design Submissions, providing any comments
and/or concerns about the Design Submissions. Owner shall provide all comments on the
Design Submissions within the time provided by the Contract Documents. Design -Builder
shall revise the Design Submissions (and any other deliverables) in response to Owner's
comments and incorporate said responses into the next submission of Design
Submissions.
2.4.1.4 If incorporation of Owner's comments results in a design that is inconsistent with
or otherwise gives rise to a change in Owner's Project Criteria, the Basis of Design
Documents, the Contract Price and/or the Contract Time, Design -Builder shall provide
notice thereof in accordance with Articles 9 and 10 of the General Conditions. Changes to
the Basis of Design Documents, the Contract Price and/or the Contract Time, including
those that are deemed minor changes, shall be processed in accordance with Article 9 of
the General Conditions.
2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail
drawings and specifications describing the requirements for construction of the Work. The
Construction Documents shall be consistent with the latest set of interim Design Submissions, as
such submissions may have been modified in a design review meeting and recorded in the meeting
minutes. The parties shall have a design review meeting to discuss, and Owner shall review and
approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1
above. Design -Builder shall proceed with construction in accordance with the approved
Construction Documents and shall submit one set of approved Construction Documents to Owner
prior to commencement of construction.
2.4.3 Owner's review and approval of interim Design Submissions, meeting minutes, and the
Construction Documents is for the purpose of mutually establishing a conformed set of Contract
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Documents compatible with the requirements of the Work. Neither Owner's review nor approval of
any interim Design Submissions, meeting minutes, and Construction Documents shall be deemed
to transfer any design liability from Design -Builder to Owner. Design -Builder shall provide Owner
with sufficient time in the Project Schedule to review and approve the Design Submissions.
2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design -
Builder may prepare interim Design Submissions and Construction Documents for a portion of the
Work to permit construction to proceed on that portion of the Work prior to completion of the
Construction Documents for the entire Work.
2.5 Legal Requirements.
2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall
provide all notices applicable to the Work as required by the Legal Requirements.
2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design -
Builder for the effects of any changes in the Legal Requirements enacted after the date of the
Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established
after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price.
Such effects may include, without limitation, revisions Design -Builder is required to make to the
Construction Documents because of changes in Legal Requirements.
2.6 Government Approvals and Permits.
2.6.1 Except as identified in an Owner's Permit List attached as an exhibit to the Agreement,
Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government
charges and inspection fees required for the prosecution of the Work by any government or quasi -
government entity having jurisdiction over the Project.
2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits,
approvals and licenses that are Owner's responsibility.
2.7 Design -Builder's Construction Phase Services.
2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or
a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary
supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities
and other temporary facilities to permit Design -Builder to complete construction of the Project
consistent with the Contract Documents.
2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite
expertise, skill and competence to satisfy the requirements of the Contract Documents. Design -
Builder shall at all times exercise complete and exclusive control over the means, methods,
sequences and techniques of construction.
2.7.3 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to
perform the Work consistent with the Contract Documents. Prior to the date that Subcontractors
perform Work on the Project, Design -Builder shall identify in writing to Owner all Subcontractors.
To the extent that Design -Builder has not selected a Subcontractor prior to performing the Work,
Design -Builder shall provide Owner in writing a list of any subsequently added Subcontractors prior
to their performing Work on the Project. Owner may reasonably object to Design -Builder's selection
of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to
the extent that Owner's decision impacts Design -Builder's cost and/or time of performance.
Design -Builder may not substitute listed Subcontractors without Owner's priorwritten consent; such
consent shall not be unreasonably withheld.
2.7.4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of
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Subcontractors and any acts and omissions in connection with such performance. Nothing in the
Contract Documents is intended or deemed to create any legal or contractual relationship between
Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party
beneficiary rights.
2.7.5 Design -Builder shall coordinate the activities of all Subcontractors. If Owner performs other
work on the Project or at the Site with separate contractors under Owner's control, Design -Builder
agrees to reasonably cooperate and coordinate its activities with those of such separate contractors
so that the Project can be completed in an orderly and coordinated manner without unreasonable
disruption.
2.7.6 Design -Builder shall keep the Site reasonably free from debris, trash and construction
wastes to permit Design -Builder to perform its construction services efficiently, safely and without
interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a
portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials,
equipment, machinery and tools arising from the Work or applicable portions thereof to permit
Owner to occupy the Project or a portion of the Project for its intended use.
2.8 Design -Builder's Responsibility for Project Safety.
2.8.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as
to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting; (ii) the
Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site;
and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for
implementing and monitoring all safety precautions and programs related to the performance of the
Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative
with the necessary qualifications and experience to supervise the implementation and monitoring
of all safety precautions and programs related to the Work. Unless otherwise required by the
Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the
Site who may have responsibilities on the Project in addition to safety. The Safety Representative
shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design -
Builder's personnel, Subcontractors and others as applicable.
2.8.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to
safety, as well as any Owner -specific safety requirements set forth in the Contract Documents,
provided that such Owner -specific requirements do not violate any applicable Legal Requirement.
Design -Builder will immediately report in writing any safety -related injury, loss, damage or accident
arising from the Work to Owner's Representative and, to the extent mandated by Legal
Requirements, to all government or quasi -government authorities having jurisdiction over safety -
related matters involving the Project or the Work.
2.8.3 Design -Builder's responsibility for safety under this Section 2.8 is not intended in any way
to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations
and responsibility for (i) complying with all Legal Requirements, including those related to health
and safety matters; and (ii) taking all necessary measures to implement and monitor all safety
precautions and programs to guard against injuries, losses, damages or accidents resulting from
their performance of the Work.
2.8.4. MATERIAL SAFETY DATA SHEETS Under the "Hazardous Communication Act',
commonly known as the "Texas Right To Know Act", Design Builder must provide to the
Subrecipient with each delivery, material safety data sheets which are applicable to hazardous
substances defined in the Act. Design Builder shall furnish this documentation for any material
proposed within Design Builders' response subject to the Act. Texas Health and Safety Code
Chapter 502.
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2.9 Design -Builder's Warranty.
2.9.1 Design -Builder warrants to Owner that the construction, including all materials and
equipment furnished as part of the construction, shall be new unless otherwise specified in the
Contract Documents, of good quality, in conformance with the Contract Documents and free of
defects in materials and workmanship. If the parties have opted in Section 7 of the Agreement to
establish a limited time frame for the warranty set forth in this Section, the warranty in this section
shall be limited to the time frame set forth in Section 7 of the Agreement. Design -Builder's warranty
obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a
commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer's
warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the
Contract Documents. Design -Builder will provide Owner with all manufacturers' warranties upon
Substantial Completion,
2.10 Correction of Defective Work.
2.10.1 Design -Builder agrees to correct any Work that is found to not be in conformance with the
Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period
of one year from the date of Substantial Completion of the Work or any portion of the Work, or
within such longer period to the extent required by any specific warranty included in the Contract
Documents.
2.10.2 Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the
Work is not in conformance with the Contract Documents, take meaningful steps to commence
correction of such nonconforming Work, including the correction, removal or replacement of the
nonconforming Work and any damage caused to other parts of the Work affected by the
nonconforming Work. If Design -Builder fails to commence the necessary steps within such seven
(7) day period, Owner, in addition to any other remedies provided under the Contract Documents:
may provide Design -Builder with written notice that Owner will commence correction of such
nonconforming Work with its own forces. If Owner does perform such corrective Work, Design -
Builder shall be responsible for all reasonable costs incurred by Owner in performing such
correction. If the nonconforming Work creates an emergency requiring an immediate response, the
seven (7) day period identified herein shall be deemed inapplicable.
2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design -Builder's
obligation to correct nonconforming Work and is not intended to constitute a period of limitations
for any other rights or remedies Owner may have regarding Design -Builder's other obligations
under the Contract Documents.
Article 3
Owner's Services and Responsibilities
3.1 Duty to Cooperate.
3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and
perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's
timely and efficient performance of the Work and so as not to delay or interfere with Design -
Builder's performance of its obligations under the Contract Documents.
3.1.2 Owner shall provide timely reviews and approvals of interim Design Submissions and
Construction Documents consistent with the turnaround times set forth in Design -Builder's
schedule.
3.1.3 Owner shall give Design -Builder timely notice of any Work that Owner notices to be
defective or not in compliance with the Contract Documents.
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3.2 Furnishing of Services and Information.
3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide,
at its own cost and expense, for Design -Builder's information and use the following, all of which
Design -Builder is entitled to rely upon in performing the Work:
3.2.1.1 Surveys describing the property, boundaries, topography and reference points for
use during construction, including existing service and utility lines;
3.2.1.2 Geotechnical studies describing subsurface conditions, and other surveys
describing other latent or concealed physical conditions at the Site;
3.2.1.3 Temporary and permanent easements, zoning and other requirements and
encumbrances affecting land use, or necessary to permit the proper design and
construction of the Project and enable Design -Builder to perform the Work;
3.2.1.4 A legal description of the Site;
3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and
3.2.1.6 To the extent available, environmental studies, reports and impact statements
describing the environmental conditions, including Hazardous Conditions, in existence at
the Site.
3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent
land or property owners that are necessary to enable Design -Builder to perform the Work. Owner
is further responsible for all costs, including attorneys' fees, incurred in securing these necessary
agreements.
3.3 Section Deleted.
3.4 Owner's Representative.
3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and
approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract
Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it
observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any
errors, omissions or defects in the performance of the Work. Owner's Representative shall
communicate regularly with Design -Builder and shall be vested with the authority to act on behalf
of Owner.
3.5 Government Approvals and Permits.
3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government
charges and inspection fees set forth in Owner's Permit List attached as an exhibit to the
Agreement.
3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits,
approvals and licenses that are Design -Builder's responsibility.
3.6 Owner's Separate Contractors.
3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate
contractors under Owner's control. Owner shall contractually require its separate contractors to
cooperate with and coordinate their activities so as not to interfere with Design -Builder in order to
enable Design -Builder to timely complete the Work consistent with the Contract Documents.
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Article 4
Hazardous Conditions and Differing Site Conditions
4.1 Hazardous Conditions.
4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work,
Design -Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon
encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the
affected area and duly notify Owner and, if required by Legal Requirements, all government or
quasi -government entities with jurisdiction over the Project or Site.
4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall
take the necessary measures required to ensure that the Hazardous Conditions are remediated or
rendered harmless. Such necessary measures shall include Owner retaining qualified independent
experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they
have been encountered, (ii) prescribe the remedial measures that Owner must take either to
remove the Hazardous Conditions or render the Hazardous Conditions harmless.
4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only
after Owner's expert provides it with written certification that (i) the Hazardous Conditions have
been removed or rendered harmless; and (ii) all necessary approvals have been obtained from all
government and quasi -government entities raving jurisdiction over the Project or Site.
4.1.4 Design -Builder will be entitled, in accordance with these General Conditions of Contract,
to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost
and/or time of performance have been adversely impacted by the presence of Hazardous
Conditions.
4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless
Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any
of them, and their officers, directors, employees and agents, from and against any and all claims,
losses, damages, liabilities and expenses, including reasonable attorneys' fees and expenses,
arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at
the Site.
4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for
Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for
whose acts they may be liable. To the fullest extent permitted by law, Design -Builder shall
indemnify, defend and hold harmless Owner and Owners officers, directors, employees and agents
from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees
and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site
by Design -Builder, Subcontractors or anyone for whose acts they may be liable.
4.2 Differing Site Conditions.
4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i)
materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual
nature, differing materially from the conditions ordinarily encountered and generally recognized as
inherent in the Work, are collectively referred to herein as "Differing Site Conditions." If Design -
Builder encounters a Differing Site Condition, Design -Builder will be entitled to an adjustment in the
Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of
performance are adversely impacted by the Differing Site Condit+on_
4.2.2 Upon encountering a Differing Site Condition, Design -Builder shall provide prompt written
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notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such
condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide
such notice before the Differing Site Condition has been substantially disturbed or altered.
4.3 Trenching.
4.3.1 The Design Builder shall not excavate, or permit a Subcontractor to excavate, a trench
over five (five) feet in depth unless the bid or Contract Documents include a separate pay time for
trench excavation safety in accordance with Texas Health and Safety Code Chapter 756.
Article 5
Insurance and Bonds
5.1 Design -Builder's Insurance Requirements.
5.1.1 Design -Builder is responsible for procuring and maintaining the insurance for the coverage
amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from
insurance companies authorized to do business in the state in which the Project is located, and
with a minimum rating set forth in the Agreement.
5.1.2 Design -Builder's insurance shall specifically delete any design -build or similar exclusions
that could compromise coverages because of the design -build delivery of the Project.
5.1.3 Prior to commencing any services hereunder, Design -Builder shall provide Owner with
certificates evidencing that (i) all insurance obligations required by the Contract Documents are in
full force and in effect and will remain in effect for the duration required by the Contract Documents;
and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at
least thirty (30) days' prior written notice is given to Owner. If any of the foregoing insurance
coverages are required to remain in force after final payment is reasonably available, an additional
certificate evidencing continuation of such coverage shall be submitted with the Final Application
for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it
shall be furnished by Design -Builder with reasonable promptness according to Design -Builder's
information and belief.
5.2 Owner's Liability Insurance.
5.2.1 Owner shall procure and maintain from insurance companies authorized to do business in
the state in which the Project is located such liability insurance as set forth in the Insurance Exhibit
to the Agreement to protect Owner from claims which may arise from the performance of Owner's
obligations under the Contract Documents or Owner's conduct during the course of the Project.
5.3 Bonds and Other Performance Security.
5.3.1 Prior to commencement of any construction activities. the Design Builder shall execute to
the Owner (1) a Performance Bond as security for their faithful performance of the of the Work in
accordance with the plans, sigecifications, and contract documents-, and 2 a Labor and Material
Payment Bond as security for payment solely for the protection and use of payment bond
beneficiaries who have a direct contractual relationshi with the mime contractor or a subcontractor
to supply ublic work labor or material under the Contract Documents. The amounts of the
Performance Bond and the Payment Bond re uired hereunder shall be one hundred percent
100% of the Contract Price. The Performance Bond and the Labor and Material Payment Bond
shall be in the form and content set forth in the Contract Documents. The failure or refusal of the
Design Builder to furnish either the Performance Bond or the Labor and Material Payment Bond in
strict conformity with Texas Government Code 4 2253.021 may be deemed by the Owner as a
default by the Design Builder of a material obligation hereunder. The Surety on any bond required
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under the Contract Documents shall be on the list of sureties approved by the United States
Department of Treasury, as set forth in the Federal Register and shall be authorized to do business
in the state of Texas. A payment bond required by this section must be executed by a corporate
surety in accordance with Article 7.19-1. Texas Insurance Code. The Performance Bond and the
Payment Bonds required herein must clearly and prominently display on the bond or on an
attachment to the bond 1) the name, mailing address. physical address. and telephone number,
including the area code, of the surety company to which any notice of claim should be sent; or 2)
the toll -free telephone number maintained by the Texas Department of Insurance under Article
1.35D Insurance Code and a statement that the address of the surety company to which an
notice of claim should be sent may be obtained from the Texas Department of Insurance by callin
the toll -free telephone number.
5.3.2 All bonds furnished by Design -Builder shall be in a form satisfactory to Owner. The surety
shall be a company qualified and registered to conduct business in the state in which the Project is
located.
Article 6
Payment
B.1 Schedule of Values.
6.1.1 Unless required by Owner upon execution of this Agreement, within ten (10) days of
execution of the Agreement, Design -Builder shall submit for Owner's review and approval a
schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its
respective parts; (ii) include values for all items comprising the Work; and (iji) serve as the basis
for monthly progress payments made to Design -Builder throughout the Work,
6.1.2 Owner will timely review and approve the schedule of values so as not to delay the
submission of Design -Builder's first application for payment. Owner and Design -Builder shall timely
resolve any differences so as not to delay Design -Builder's submission of its first application for
payment.
6.2 Monthly Progress Payments.
6.2.1 On or before the date established in the Agreement, Design -Builder shall submit for
Owner's review and approval its Application for Payment requesting payment for all Work
performed as of the date of the Application for Payment. The Application for Payment shall be
accompanied by all supporting documentation required by the Contract Documents and/or
established at the meeting required by Section 2.1.4 hereof.
6.2.2 The Application for Payment may request payment for equipment and materials not yet
incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials
are suitably stored at either the Site or another acceptable location; (ii) the equipment and materials
are protected by suitable insurance; and (iii) upon payment, Owner will receive the equipment and
materials free and clear of all liens and encumbrances.
6.2.3 All discounts offered by Subcontractors, Sub -Subcontractors, and suppliers to Design -
Builder for early payment shall accrue one hundred percent to Design -Builder to the extent Design -
Builder advances payment. Unless Owner advances payment to Design -Builder specifically to
receive the discount, Design -Builder may include in its Application for Payment the full
undiscounted cost of the item for which payment is sought.
6.2.4 The Application for Payment shall constitute Design -Builder's representation that the Work
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described therein has been performed consistent with the Contract Documents, has progressed to
the point indicated in the Application for Payment, and that title to all Work will pass to Owner free
and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the
Work into the Project, or upon Design -Builders receipt of payment, whichever occurs earlier.
6.3 Withholding of Payments.
6.3.1 On or before the date established in the Agreement, Owner shall pay Design -Builder all
amounts properly due. If Owner determines that Design -Builder is not entitled to all or part of an
Application for Payment as a result of Design -Builder's failure to meet its obligations hereunder, it
will notify Design -Builder in writing not later than the 21si day after the date the Owner receives the
invoice/ pay application. The notice shall indicate the specific amounts Owner intends to withhold,
the reasons and contractual basis for the withholding, and the specific measures Design -Builder
must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's
concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -
Builder may pursue its rights under the Contract Documents, including those under Article 10
hereof.
6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay
Design -Builder all undisputed amounts in an Application for Payment within the times required by
the Agreement. This Agreement is subject to the provisions of the Texas Government Code
Chapter 2251, the Texas Prompt Payment Act.
6.4 Right to Stop Work and Interest.
6.4.1 If Owner fails to pay timely Design -Builder any undisputed amount that becomes due,
Design -Builder, in addition to all other remedies provided in the Contract Documents, may stop
Work pursuant to Section 11.3 hereof.
6.5 Design -Builder's Payment Obligations.
6.5.1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its
contractual obligations to such parties, all the amounts Design -Builder has received from Owner
on account of their work. Design -Builder will impose similar requirements on Design Consultants
and Subcontractors to pay those parties with whom they have contracted. Design -Builder will
indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in
Section 7.3 hereof. Texas Government Code Ch. 2251,
6.6 Substantial Completion.
6.6.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in
the Contract Documents, a portion of the Work, is Substantially Complete. Within thirty (30) days
of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such
Work to verify that it is Substantially Complete in accordance with the requirements of the Contract
Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of
Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or
portion thereof; (ii) the remaining items of Work that have to be completed before final payment;
(iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's
and Design -Builder's responsibility for the Project's security, maintenance, utilities and insurance
pending final payment; and (iv) an acknowledgment that warranties commence to run on the date
of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial
Completion.
6.6.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work,
Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire
Work or completed portion of the Work, less an amount equal to the reasonable value of all
remaining or incomplete items of Work as noted in the Certificate of Substantial Completion.
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6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be
Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been
issued for the portion of Work addressing the items set forth in Section 6.6.1 above; (ii) Design -
Builder and Owner have obtained the consent of their sureties and insurers, and to the extent
applicable, the appropriate government authorities having jurisdiction over the Project; and (iii)
Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design -
Builder's completion of the remaining Work.
6.7 Final Payment.
6.7.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make
final payment by the time required in the Agreement, provided that Design -Builder has achieved
Final Completion.
6.7.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide
the following information:
6.7.2.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied
for labor, services, material, equipment, taxes or other items performed, furnished or
incurred for or in connection with the Work which will in any way affect Owner's interests;
6.7.2.2 A general release executed by Design -Builder waiving, upon receipt of final
payment by Design -Builder, all claims, except those claims previously made in writing to
Owner and remaining unsettled at the time of final payment;
6.7.2.3 Consent of Design -Builder's surety, if any, to final payment;
6.7.2.4 All operating manuals, warranties and other deliverables required by the Contract
Documents; and
6.7.2.5 Certificates of insurance confirming that required coverages will remain in effect
consistent with the requirements of the Contract Documents.
6.7.3 Upon making final payment, Owner waives all claims against Design -Builder except claims
relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects
Owner's interests; (ii) Design -Builder's failure to complete the Work consistent with the Contract
Documents, including defects appearing after Substantial Completion; and (iii) the terms of any
special warranties required by the Contract Documents.
6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such
deficiencies would have been included on the punch list if discovered earlier, shall be deemed
warranty Work. Such deficiencies shall be corrected by Design -Builder under Sections 2.9 and
2.10 herein and shall not be a reason to withhold final payment from Design -Builder, provided,
however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of
completion of such deficient work until such work is completed.
Article 7
Indemnification
7.1 Patent and Copyright Infringement.
7.1.1 Design -Builder shall defend any action or proceeding brought against Owner based on any
claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof,
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constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner
shall give prompt written notice to Design -Builder of any such action or proceeding and will
reasonably provide authority, information and assistance in the defense of same. Design -Builder
shall indemnify and hold harmless Owner from and against all damages and costs, including but
not limited to attorneys' fees and expenses awarded against Owner or Design -Builder in any such
action or proceeding. Design -Builder agrees to keep Owner informed of all developments in the
defense of such actions.
7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result
of any patent or copyright suit, claim, or proceeding, Design -Builder shall at its sole expense take
reasonable steps to procure the right to operate or use the Work. If Design -Builder cannot so
procure such right within a reasonable time, Design -Builder shall promptly, at Design -Builder's
option and at Design -Builder's expense, (i) modify the Work so as to avoid infringement of any such
patent or copyright; or (ii) replace said Work with Work that does not infringe or violate any such
patent or copyright.
7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding
based on infringement or violation of a patent or copyright (i) relating solely to a particular process
or product of a particular manufacturer specified by Owner and not offered or recommended by
Design -Builder to Owner; or (ii) arising from modifications to the Work by Owner or its agents after
acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the
preceding sentence, Owner shall defend, indemnify and hold harmless Design -Builder to the fullest
extent of the law.
7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between
the parties relating to liability for infringement of violation of any patent or copyright.
7.2 Tax Claim Indemnification.
7.2.1 The Owner is a tax exempt local government. Owner shall furnish Design -Builder with any
applicable tax exemption certificates necessary to obtain such exemption, upon which Design -
Builder may rely.
7.3 Payment Claim Indemnification.
7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to
Design -Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from
any claims or mechanic's liens brought against Owner or against the Project as a result of the
failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials,
labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with
the Work. Within three (3) days of receiving written notice from Owner that such a claim or
mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to
discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If
Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and hold
Design -Builder liable for costs and expenses incurred, including attorneys' fees.
7.4 Design -Builder's General Indemnification.
7.4.1 EXCEPT AS SET FORTH IN SECTION 7.4.2 BELOW DESIGN -BUILDER TO THE
FULLEST EXTENT PERMITTED BY LAW SHALL INDEMNIFY HOLD HARMLESS AND
DEFEND OWNER ITS OFFICERS DIRECTORS AND EMPLOYEES FROM AND AGAINST
CLAIMS LOSSES DAMAGES LIABILITIES INCLUDING ATTORNEYS' FEES AND
EXPENSES FOR NON-PARTY BODILY INJURY SICKNESS OR DEATH AND NON-PARTY
PROPERTY DAMAGE OR DESTRUCTION OTHER THAN TO THE WORK ITSELF BUT ONLY
TO THE EXTENT RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF DESIGN -
BUILDER —DESIGN CONSULTANTS SUBCONTRACTORS ANYONE EMPLOYED DIRECTLY
OR INDIRECTLY BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE
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LIABLE.
7.4.2 FOR INDEMNITY OBLIGATIONS THAT ARISE FROM PROFESSIONAL ERRORS AND
OMISSIONS. DESIGN -BUILDER, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL
INDEMNIFY OWNER, ITS OFFICERS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST
CLAIMS, LOSSES. DAMAGES,_ LIABILITIES, INCLUDING ATTORNEYS' FEES AND
EXPENSES. FOR NON-PARTY BODILY INJURY, SICKNESS, OR DEATH AND NON-PARTY
PROPERTY DAMAGE OR DESTRUCTION (OTHER THAN TO THE WORK ITSELF) BUT ONLY
TO THE EXTENT RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF DESIGN -
BUILDER, DESIGN CONSULTANTS. SUBCONTRACTORS, ANYONE EMPLOYED DIRECTLY
OR INDIRECTLY BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE
LIABLE.
7.4.3 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed
directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim
against Owner, its officers, directors, employees, or agents, Design -Builder's indemnity obligations
set forth in Sections 7.4.1 and 7.4.2 above shall not be limited by any limitation on the amount of
damages, compensation or benefits payable by or for Design -Builder, Design Consultants,
Subcontractors, or other entity under any employee benefit acts, including workers' compensation
or disability acts.
7.5 Section Deleted.
7.6 Limited Recourse.
7.6.1 None of the obligations set forth in this Agreement (on behalf of any party) constitute
personal obligations of any natural persons who are the officers, shareholders, members, partners,
employees, or agents of any party unless the natural person is expressly identified as a contracting
party. All Parties to this Agreement shall not seek recourse against any natural person described
herein. This provision, however, shall not protect such natural persons from liability for willful
misconduct, illegal acts or intentional violation of any duty of corporate loyalty.
Article 8
Time
8.1 Obligation to Achieve the Contract Times.
8.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the
Contract Time(s) in accordance with Article 5 of the Agreement.
8.2 Delays to the Work.
8.2.1 If Design -Builder is delayed on the critical path in the performance of the Work due to acts,
omissions, conditions, events, or circumstances beyond its control and to the extent the delay is
not due to the fault of the Design -Builder or those for whom Design -Builder is responsible, the
Contract Time(s) for performance shall be reasonably extended by Change Order. By way of
example, events that will entitle Design -Builder to an extension of the Contract Time(s) include acts
or omissions of Owner or anyone under Owner's control (including separate contractors), changes
in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events.
8.2.2 In addition to Design -Builder's right to a time extension for those events set forth in Section
8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price
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provided, however, that the Contract Price shall not be adjusted for Force Majeure Events or to the
extent a delay is due to the fault of Design -Builder or those for whom Design -Builder is responsible
unless otherwise provided in the Agreement.
Article 9
Changes to the Contract Price and Time
9.1 Change Orders.
9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by
Owner and Design -Builder, stating their agreement upon all of the following:
9.1.1.1 The scope of the change in the Work;
9.1.1.2 The amount of the adjustment to the Contract Price; and
9.1.1.3 The extent of the adjustment to the Contract Time(s).
9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under
the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in
good faith and as expeditiously as possible the appropriate adjustments for such changes.
9.1.3 If Owner requests a proposal for a change in the Work from Design -Builder and
subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse
Design -Builder for reasonable costs incurred for estimating services, design services and services
involved in the preparation of proposed revisions to the Contract Documents.
9.2 Work Change Directives.
9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a
change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract
Time(s).
9.2.2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible
the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the
parties shall prepare and execute an appropriate Change Order reflecting the terms of the
agreement.
9.3 Minor Changes In the Work.
9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or
Contract Time(s) and do not materially and adversely affect the Work, including the design, quality,
performance and workmanship required by the Contract Documents. Design -Builder may make
minor changes in the Work consistent with the intent of the Contract Documents, provided,
however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and
record such changes on the documents maintained by Design -Builder.
9.4 Contract Price Adjustments.
9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be
determined by one or more of the following methods:
9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the
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parties;
9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient
substantiating data to permit evaluation by Owner;
9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or
9.4.1.4 If an increase or decrease cannot be agreed to as set forth in items 9.4.1.1 through
9.4.1.3 above and Owner issues a Work Change Directive, the cost of the change of the
Work shall be determined by the reasonable expense and savings in the performance of
the Work resulting from the change, including a reasonable overhead and profit, as may
be set forth in the Agreement.
9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the
parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder
because of differences in the character or quantity of such unit items as originally contemplated,
such unit prices shall be equitably adjusted.
9.4.3 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid
for any services required by Owner, or if there are any other disagreements over the scope of Work
or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement
pursuant to Article 10 hereof. As part of the negotiation process, Design -Builder shall furnish Owner
with a good faith estimate of the costs to perform the disputed services in accordance with Owner's
interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the
services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the
disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing
Design -Builder to proceed; and (ii) specifying Owner's interpretation of the services that are to be
performed. If this occurs, Design -Builder shall be entitled to submit in its Applications for Payment
an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the
services, and Owner agrees to pay such amounts, with the express understanding that (i) such
payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for
such services; and (ii) receipt of such payment by Design -Builder does not prejudice Design -
Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a
change to the Work.
9.5 Emergencies.
9.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act,
at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price
and/or Contract Time(s) on account of emergency work shall be determined as provided in this
Article 9.
Article 10
Contract Adjustments and Disputes
10.1 Requests for Contract Adjustments and Relief.
10.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for
any event arising out of or related to the Work or Project, such party shall provide written notice to
the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to
incurring any cost or expense and in accordance with any specific notice requirements contained
in applicable sections of these General Conditions of Contract. In the absence of any specific notice
requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21)
days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably
should have recognized the event or condition giving rise to the request, whichever is later. The
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claimant shall provide more complete information with respect to the claim within fourteen (14) days
of the initial notice. The more complete information shall include sufficient information to advise the
other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment
or relief requested and the basis of such request.
10.2 Dispute Avoidance and Resolution.
10.2.1 The parties are fully committed to working with each other throughout the Project and agree
to communicate regularly with each other at all times so as to avoid or minimize disputes or
disagreements. If disputes or disagreements do arise, Design -Builder and Owner each commit to
resolving such disputes or disagreements in an amicable, professional and expeditious manner so
as to avoid unnecessary losses, delays and disruptions to the Work.
10.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the
field level through discussions between Design -Builder's Representative and Owner's
Representative which shall conclude within fourteen (14) days of the written notice provided for in
Section 10.1.1 unless Owner and Design -Builder mutually agree otherwise.
10.2.3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative
and Owner's Representative, Design -Builder's Senior Representative and Owner's Senior
Representative, upon the request of either party, shall meet as soon as conveniently possible, but
in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute
or disagreement. Five (5) days prior to any meetings between the Senior Representatives, the
parties will exchange relevant information that will assist the parties in resolving their dispute or
disagreement.
10.2.4 If after meeting the Senior Representatives determine that the dispute or disagreement
cannot be resolved on terms satisfactory to both parties, the parties shall submit within thirty (30)
days of the conclusion of the meeting of Senior Representatives the dispute or disagreement to
non -binding mediation. The mediation shall be conducted by a mutually agreeable impartial
mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration
Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be
governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the
parties cannot so agree, by procedures established by the mediator. Unless otherwise mutually
agreed by Owner and Design -Builder and consistent with the mediator's schedule, the mediation
shall commence within ninety (90) days of the submission of the dispute to mediation.
Representatives of the parties with authority to resolve the dispute shall be present at any
mediation.
10.2.5 For any Claim subject to, but not resolved by, mediation, the method of binding
resolution shall be litigation in a court of competent jurisdiction. Venue for any dispute arising
from this Agreement or the construction of the Project shall lie exclusively in the state or federal
courts in Chambers County, Texas,
10.3 Section Deleted.
10.4 Duty to Continue Performance.
10.4.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue
to perform the Work and Owner shall continue to satisfy its payment obligations for undisputed
amounts to Design -Builder as well as any further amounts pursuant to Section 9.4.3, pending the
final resolution of any dispute or disagreement between Design -Builder and Owner.
10.5 CONSEQUENTIAL DAMAGES.
10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET
FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN -BUILDER NOR OWNER SHALL BE
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LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, LOSSES OR DAMAGES, WHETHER
ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS,
REPUTATION OR FINANCING.
10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to
affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article
5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner
or reward Design -Builder for some damages that might otherwise be deemed to be consequential.
Article 11
Stop Work and Termination
11.1 Owner's Right to Stop Work.
11.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop
and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate
more than ninety (90) days during the duration of the Project.
11.1.2 Design -Builder is entitled to seek an adjustment of the Contract Price and/or Contract
Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of
stoppage of the Work by Owner.
11.2 Owner's Right to Perform and Terminate for Cause.
11.2.1 If Design -Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii)
supply the materials required by the Contract Documents, (iii) comply with applicable Legal
Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute
the Work with promptness and diligence to ensure that the Work is completed by the Contract
Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract
Documents, then Owner, in addition to any other rights and remedies provided in the Contract
Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below.
11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide
written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited
is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such
notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner
may give a second written notace to Design -Builder of its intent to terminate within an additional
seven (7) day period_ If Design -Builder, within such second seven (7) day period, fails to cure, or
reasonably commence to cure. such problem, then Owner may declare the Agreement terminated
for default by providing written notice to Design -Builder of such declaration.
11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may
enter upon the premises and take possession, for the purpose of completing the Work, of all
materials, equipment, scaffolds, tools, appliances and other items thereon, which have been
purchased or provided for the performance of the Work, all of which Design -Builder hereby
transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons
to complete the Work and provide all of the required labor, services, materials, equipment and other
items. In the event of such termination, Design -Builder shall not be entitled to receive any further
payments under the Contract Documents until the Work shall be finally completed in accordance
with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the
cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner
to Design -Builder. Notwithstanding the preceding sentence, if the Agreement establishes a
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Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed
prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance
of the Contract Price, then Design -Builder shall be obligated to pay the difference to Owner. Such
costs and expense shall include not only the cost of completing the Work, but also losses, damages,
costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with
the reprocurement and defense of claims arising from Design -Builder's default, subject to the
waiver of consequential damages set forth in Section 10.5 hereof.
11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be
converted to a termination for convenience in accordance with the provisions of Section 11.6
hereof.
11.3 Design -Builder's Right to Stop Work.
11.3.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents
or at law, stop the Work for the following reasons:
11.3.1.1 Owner's failure to provide financial assurances as required under Section 3.3
hereof; or
11.3.1.2 Owner's failure to pay amounts properly due under Design -Builder's
Application for Payment.
11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design -Builder has the
right to provide Owner with written notice that Design -Builder will stop the Work unless said event
is cured within seven (7) days from Owner's receipt of Design -Builder's notice. Design -Builder shall
not stop work unless it provides such written notice and Owner has failed to cure the reason for
default within the seven (7) day cure period. If Owner does not cure the problem within such seven
(7) day period, Design -Builder may stop the Work. In such case, Design -Builder shall be entitled to
make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been
adversely impacted by such stoppage.
11.4 Design -Builder's Right to Terminate for Cause.
11.4.1 Design -Builder, in addition to any other rights and remedies provided in the Contract
Documents or by law, may terminate the Agreement for cause for the following reasons:
11.4.1.1 The Work has been stopped for sixty (60) consecutive days, or more than
ninety (90) days during the duration of the Project, because of court order, any government
authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1
hereof, provided that such stoppages are not due to the acts or omissions of Design -Builder
or anyone for whose acts Design -Builder may be responsible.
11.4.1.2 Owner's failure to provide Design -Builder with any information, permits or
approvals that are Owner's responsibility under the Contract Documents which result in the
Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during
the duration of the Project, even though Owner has not ordered Design -Builder in writing
to stop and suspend the Work pursuant to Section 11.1.1 hereof.
11.4.1.3 Owner's failure to cure the problems set forth in Section 11.3.1 above after
Design -Builder has stopped the Work.
11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may
provide written notice to Owner that it intends to terminate the Agreement unless the problem cited
is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If
Owner fails to cure, or reasonably commence to cure, such problem, then Design -Builder may give
a second written notice to Owner of its intent to terminate within an additional seven (7) day period.
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If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure,
such problem, then Design -Builder may declare the Agreement terminated for default by providing
written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover
in the same manner as if Owner had terminated the Agreement for its convenience under Article 8
of the Agreement.
11.5 Bankruptcy of Owner or Design -Builder.
11.5.1 If either Owner or Design -Builder institutes or has instituted against it a case under the
United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event
may impair or frustrate the Bankrupt Parry's ability to perform its obligations under the Contract
Documents. Accordingly, should such event occur:
11.5.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of
the non -Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform
all future material obligations under the Contract Documents, which assurances shall be
provided within ten (10) days after receiving notice of the request; and
11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to
seek assumption or rejection of the Agreement within sixty (60) days of the institution of
the bankruptcy filing and shall diligently prosecute such action.
If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Patty shall be
entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated
and pursue any other recourse available to the non -Bankrupt Party under this Article 11.
11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the
ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract
Documents or by law, including its ability to seek relief from any automatic stays under the United
States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable
provision of these General Conditions of Contract.
11.6 Termination for Convenience.
11.6.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and
without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder
for the following:
11.6.1.1 All Work executed and for proven loss, cost or expense in connection with the
Work;
11.6.1.2 The reasonable costs and expenses attributable to such termination, including
demobilization costs and amounts due in settlement of terminated contracts with
Subcontractors and Design Consultants; and
11.6.1.3 The amount set forth in Article 8 of the Agreement.
11.6.2 If Owner terminates this Agreement pursuant to Section 11.6.1 above and proceeds to
design and construct the Project through its employees, agents or third parties, Owner's rights to
use the Work Product shall be as set forth in Section 4.3 of the Agreement. Such rights may not be
transferred or assigned to others without Design -Builder's express written consent and such third
parties' agreement to the terms of Article 4 of the Agreement.
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Article 12
Electronic Data
12.1 Electronic Data.
12.1.1 The parties recognize that Contract Documents, including drawings, specifications and
three-dimensional modeling (such as Building Information Models) and other Work Product may be
transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper
hard copies (collectively "Electronic Data").
12.2 Transmission of Electronic Data.
12.2.1 Owner and Design -Builder shall agree upon the software and the format for the
transmission of Electronic Data. Each party shall be responsible for securing the legal rights to
access the agreed -upon format, including, if necessary, obtaining appropriately licensed copies of
the applicable software or electronic program to display, interpret and/or generate the Electronic
Data.
12.2.2 Neither party makes any representations or warranties to the other with respect to the
functionality of the software or computer program associated with the electronic transmission of
Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does
not include ownership of the software or computer program with which it is associated, transmitted,
generated or interpreted.
12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or
assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article
4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be
deemed to be a sale by the transmitting party of tangible goods,
12.3 Electronic Data Protocol.
12.3.1 The parties acknowledge that Electronic Data maybe altered or corrupted, intentionally or
otherwise, due to occurrences beyond their reasonable control or knowledge, including but not
limited to compatibility issues with user software, manipulation by the recipient, errors in
transcription or transmission, machine error. environmental factors, and operator error.
Consequently, the parties understand that there is some level of increased risk in the use of
Electronic Data for the communication of design and construction information and, in consideration
of this, agree, and shall require their independent contractors, Subcontractors and Design
Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3,
12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above,
including file conventions and document properties, unless prior arrangements are made in
advance in wrLting.
12.3.3 The Electronic Data represents the information at a particular point in time and is subject
to change. Therefore, the parties shall agree upon protocols for notification by the author to the
recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall
also address the duty, if any, to update such information, data or other information contained in the
electronic media if such information changes prior to Final Completion of the Project.
12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including,
but not limited to, implied warranties of merchantability and fitness for a particular purpose, with
respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data
via electronic means shall not invalidate or negate any duties pursuant to the applicable standard
of care with respect to the creation of the Electronic Data, unless such data is materially changed
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Standard Form of General Conditions of Contract Between Owner and Design -Builder
0 2022 Design -Budd institute of Amenca
or altered after it is transmitted to the receiving party, and the transmitting party did not participate
in such change or alteration.
Article 13
Miscellaneous
13.1 Confidential Information.
13.1.1 Confidential Information is defined as information which is determined by the transmitting
party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either
confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or
proprietary nature of the information; and (iii) the document is not otherwise available in or
considered to be in the public domain. The receiving party agrees to maintain the confidentiality of
the Confidential Information and agrees to use the Confidential Information solely in connection
with the Project. Owner is a local government subject to the provisions of the Texas Public
Information Act, Texas Government Code Ch. 552.
13.2 Assignment.
13.2.1 Neither Design -Builder nor Owner shall, without the written consent of the other assign,
transfer or sublet any portion or part of the Work or the obligations required by the Contract
Documents.
13.3 Successorship.
13.3.1 Design -Builder and Owner intend that the provisions of the Contract Documents are
binding upon the parties, their employees, agents, heirs, successors and assigns.
13.4 Governing Law.
13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the location
of the Project, without giving effect to its conflict of law principles
13.5 Severability.
13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally
determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any
applicable Legal Requirements, such determination shall not impair or otherwise affect the validity,
legality, or enforceability of the remaining provision or parts of the provision of the Contract
Documents, which shall remain in full force and effect as if the unenforceable provision or part were
deleted.
13.6 No Waiver.
13.6.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on
the performance of any of the obligations required by the other under the Contract Documents shall
not be construed as a waiver or relinquishment of such obligation or right with respect to future
performance.
13.7 Headings.
13.7.1 The headings used in these General Conditions of Contract, or any other Contract
Document, are for ease of reference only and shall not in any way be construed to limit or alter the
DBIA Document No. 535 Modified Page 23
Standard Form of General Conditions of Contract Between Owner and Design -Builder
® 2022 Design -Build Institute of America
meaning of any provision.
13.8 Notice.
13.8.1 Whenever the Contract Documents require that notice be provided to the other party, notice
will be deemed to have been validly given (i) if delivered in person to the individual intended to
receive such notice; (ii) four (4) days after being sent by registered or certified mail, postage prepaid
to the address indicated in the Agreement; (iii) if transmitted by facsimile, by the time stated in a
machine -generated confirmation that notice was received at the facsimile number of the intended
recipient; or (iv) by electronic mail, by the time frame stated in the email -generated confirmation
that notice was received by the email of the intended recipient.
13.9 Amendments.
13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in
writing signed by a duly authorized representative of each party.
13.10 Prevailing Wage Rates.
13.10.1 All work performed under this Agreement shall be at or above the prevailing wage rate of
per diem wages as provided by Texas Government Code Chapter 2258. In compliance with
Section 2258 of the Texas Government Code, Design Builder and any subcontractor hired by them
for the construction of any project, shall pay not less than the rates set forth in the Schedule of
Prevailing Wages attached and incorporated by reference. Design Builder must submit certified
payroll of contractor and all subcontractors on a weekly basis. At Owner's request, Design Builder
must make available and shall require its subcontractors to make available, copies of cancelled
checks and check stubs for comparisons by the Owner or its agents. Pursuant to Texas
Government Code Section 2258.051, the Owner reserves the right to withhold any monies due
Design Builder until such discrepancy is resolved and the necessary adjustment made. The Design
Builder shall forfeit as a penalty, in accordance with Texas Government Code Section 2258.023(b),
to the Owner or entity who administers the subject Project Sixty Dollars ($60.00) for each worker,
employed for each calendar day, or a portion thereof, such worker is paid less than the said
stipulated rates for any work done under this Project, by himlher or by any contractor/subcontractor
under himlher. All contractors/subcontractor shall keep, or cause to be kept, an accurate record
showing the names of all workers, also the actual per diem wages paid to each of such workers.
13.1 V Workers Compensation Notice.
13.11.1 WORKERS' COMPENSATION INSURANCE COVERAGE RULE 110.110 Design Builder
must comply with Texas Labor Code Ch. 401, including Section 401.011(44) and the applicable
state regulations, which is applicable for any building or construction contract — see the Workers'
Compensation Insurance Coverage Rule 110.110 in the Insurance Exhibit for more detail.
13.12 Parties in Interest.
13.12.1 This Agreement does not bestow any rights upon any third party but binds and benefits the
Owner/Baytown Area Water Authority and Design -Builder only.
DBIA Document No. 535 Modified Page 24
Standard Form of General Conditions of Contract Between Owner and Design -Builder
® 2022 Design -Build Institute of America
