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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 ($5,023,131.00) to BWP. Section 3: This Ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 22"d day of August, 2024. RANDON CAPET[LLO, Mayor A •.T; Vic,,• y -�� ANGELA ] CKSON, City C1er Y i ' 1 "x APPROVED AS T FORM: \{}. y.,=e.. °.�. C0F�� SCOTT LEMOND, City Attorney R: Ordinances and Resolutions Ordinance Dralis-$?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. DBIA Document No 545 Modified Page I Progressive Design -Build Agreement for Water and Wastewater Projects 0 2022 Design-BuCd Institute of America 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 DBIA Document No. 545 Modified Page 2 Progressive Design -Build Agreement for Water and Wastewater Projects 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, DBIA Document No 545 Modified Page 4 Progressive Design -Build Agreement for Water and Wastewater Projects =% 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: DBIA Document No. 545 Modified Page 7 Progressive Design -Build Agreement for Water and Wastewater Projects 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. DBIA Document No. W Modified Page 8 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 -�+ 2022 Design -Build institute of America 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 Progressive Design -Build Agreement for Water and Wastewater Projects :?: 2022 Design-Buid institute of America 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. DBIA Document No. 545 Modified Page I Progressive Design -Build Agreement for Water and Wastewater Projects 0 2022 Design -Build Institute of America 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. DBIA Document No. 545 Modified Page 12 Progressive Design -Build Agreement for Water and Wastewater Projects �,) 2022 Design -Build Institi,te of America 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 Progressive Design -Build Agreement for Water and Wastewater Projects 0 2022 Design -Build Institute of America ® 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 DBIA Document No. 545 Modified Page 14 Progressive Design -Build Agreement for Water and Wastewater Projects 0 2022 Design -Build Institute of America 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 Progressive Design -Build Agreement for Water and Wastewater Projects 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. DBIA Document No. 545 Modified Page 16 Progressive Design -Build Agreement for Water and Wastewater Projects 0 2022 Design -Build Institute of America 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 38 O©©00 =®0=000000=0.000000e00 m W �R a lip 4 i i €c� Li-a L W Qy{O S A iR �Vc g?=-�Qif�3r ryii � u mm m JK. 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R ca tisa brs yE -�7 �� p y rr 9ya a � k r 0 ro S b 7 f0 �y A � S a �n w w N w d d a o m kA - L" ew w t Q x w w w w i a Q 0 N O N M tj ~O N C O C A t A m_ _S 3 .7 A O N O A C O O N N O 8 O A pip m Q 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 LICENSE AGREEMENT By using the DBIA Contract Documents, you agree to and are bound by the terms of this License Agreement. 1. License. The Design -Build Institute of America ("DBIA") provides DBIA Contract Documents and licenses their use worldwide. You acknowledge that DBIA Contract Documents are protected by the copyright laws of the United States. You have a limited nonexclusive license to: (a) Use DBIA Contract Documents on any number of machines owned, leased or rented by your company or organization; (b) Use DBIA Contract Documents in printed form for bona fide contract purposes; and (c) Copy DBIA Contract Documents into any machine-readable or printed form for backup or modification purposes in support of your permitted use. 2. User Responsibility. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from the DBIA Contract Documents. You acknowledge that you understand that the text of the DBIA Contract Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. 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Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. DBIA does not warrant that the DBIA Contract Documents will meet your requirements or that the operation of DBIA Contract Documents will be uninterrupted or error free. 7. Limitations of Remedies. DBIA's entire liability and your exclusive remedy shall be: the replacement of any document not meeting DBIA's "Limited Warranty" which is returned to DBIA with a copy of your receipt, or at DBIA's election, your money will be refunded. In no event will DBIA be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use DBIA Contract Documents even if DBIA has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 8. Acknowledgment. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions and that it will be governed by the laws of the District of Columbia. You further agree that it is the complete and exclusive statement of your agreement with DBIA which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this agreement. 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. OBIA Document No. 535 Modified Page 3 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 4 Standard Form of General Conditions of Contract Between Owner and Design -Builder OO 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 5 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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. DBIA Document No 535 Modified Page 6 Standard Form of General Conditions of Contract Between Owner and Design -Builder 0 2022 Design -Build Institute of America 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. DBIA Document No 535 Modified Page 7 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Budd Institute of America 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. DBIA Document No. 535 Modified Page 8 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 9 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 10 Standard Fonn of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 11 Standard Form of General Conditions of Contract Between Owner and Design -Builder 0 2022 Design -Build Institute of America 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. ❑BIA Document No. 535 Modified Page 12 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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, DBIA Document No. 535 Modified Page 13 Standard Form of General Conditions of Contract Between owner and Design -Builder 0 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 14 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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 DBIA Document No 535 Modified Page 15 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 16 Standard Form of General Conditions of Contract Between Owner and Design -Builder ® 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 17 Standard Form of General Conditions of Contract Between Owner and Design -Builder 0 2022 Design -Build Institute of America 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 DBIA Document No. 535 Modified Page 18 Standard Form of General Conditions of Contract Between Owner and Design -Builder O 2022 Design -Build Institute of America 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 DBIA Document No 535 Modified Page 19 Standard form of General Conditions of Contract Between Owner and Design -Builder 0 2022 Design -Build Institute of America 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. DBIA Document No. 535 Modified Page 20 Standard Form of General Conditions of Contract Between Owner and Design -Builder 0 2022 Design -Build Institute of America 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. DBIA Document No. 535 Modified Page 21 Standard Form of General Conditions of Contract Between Owner and Design -Builder 0 2022 Design -Build Institute of America 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 DBIA Document No 535 Modified Page 22 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