HomeMy WebLinkAboutO-2000-2410
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ORDINANCE NO. 2000- :),4/0
AN ORDINANCE APPROVING AND AUTHORIZING AN ENGINEERING AGREEMENT
BETWEEN THE CITY OF LA PORTE AND CAMP DRESSER , McKEY, TO PERFORM
A LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT SOLIDS HANDLING
STUDY; APPROPRIATING $49,780.00, TO FUND SAID CONTRACT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$49,780.00 from the City of La Porte Capital Improvement Fund
Account No. 3 to fund said contract.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
requir~d by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 2000-~116
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of May, 2000.
ATTEST:
1lJt1JJj,aJ). A.du11
Mar ha A. Gillett,
City Secretary
azi~
Knox W. Askins,
City Attorney
By:
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N rman L. Malo ,
Mayor
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STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of May 22
City of La Porte, Texas
and Camp Dresser & McKee Inc.
OWNER intends to perform a Solids Handling Study for
Little Cedar Bayou Wastewater Treatment Plant.
, ~<< 2000 between
("OWNER")
("ENGINEER"),
improvements at the
r.:
(the "Project").
OWNER and ENGINEER in consideration of.theirmutual covenants herein agree in respect of the performance or
furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those
services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes
OWNER's written authorization to ENGINEER to proceed on the date fU'St above written with the Basic Services
described in Article 2 below and as further set forth in Exhibit A, "Further Description of Engineering Services and
Related Matters" ("Exhibit A"). This Agreement will become effective on the date fU'St above written.
ARTICLE 1- GENERAL
1.1. Standard of Care
ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all
phases of the Project to which this Agreement applies as hereinafter provided. ENGINEER shall serve as
OWNER's professional and engineering representative for the Project providing professiona~ engineering
consultation and advice with respect, thereto. , ENGINEER may employ such ENGINEER's Subcontractors as
ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and
related services hereunder. ENGINEER shall not be required to employ any OWNER's Subcontractors
unacceptable to ENGINEER. .
The standard of care for all professional engmeering arid related services performed or furnished by
ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's
profession practicing under similar conditions at the same time and in the same locality.
1.2. Defmitions
Wherever used in this Agreement the following terms have the- meanings indicated which are applicable to
both the singular and plural thereof:
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1.2.1. Special Services
Special Services means the services to be performed for or furnished to OWNER by ENGINEER
described in Article 3 of this Agreement
1.2.2. Agreement
Agreement means this Standard Form of Agreement between OWNER and ENGINEER for
Professional Services including those exhibits listed in Article 9 of this Agreement
1.2.3. Basic Service
Basic Services means the services to be perform~d for or furnished to OWNER by ENGINEER
described in Article 2 of this Agreement
1.2.4. Construction Cost
Construction Cost means the total cost to OWNER of those portions of the entire Project designed or
specified by ENGINEER. Construction Cost does not include ENGINEER's compensation and
expenses, the cost of land, rights-of-way, or compensation for or damages to properties, or
OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing
charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER pursuant to Article 4 of this Agreement Construction Cost is one of the items
comprising Total Project Costs.
1.2.5. Engineer's Subcontractor
ENGINEER's Subcontractor means a person or entity having a contract with ENGINEER to
perform or furnish Basic or Special Services as ENGINEER's independent professional
subcontractor engaged directly on the Project.
1.2.6. Reimbursable Expenses
Reimbursable Expenses means the expenses incurred directly in connection with the performance or
furnishing of Basic and Special Services for the Project for which OWNER shall pay ENGINEER as
indicated in Exhibit A. . -
1.2.7. Total Project Costs
Total Project Costs means the sWn of the Construction Cost, allowances for contingencies, the total
costs of design professional and related services provided by ENGINEER and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other
professionals and consultants, for the cost of land and rights-of-way, for compensation for or
damages to properties, for interest and fmancing charges and for other services to be provided by
others to OWNER under Article 4.
ARTICLE 2 - BASIC SERVICES OF ENGINEER
2.1. Studv and Renort Phase
Upon this Agreement becoming effective, ENGINEER shall:
2.1.1. Consult with OWNER to clarify and defme OWNER's requirements for the Project and review
available data.
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2.1.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or
services which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such
data and services.
2.1.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the
portions of the Project specified by ENGINEER with whom consultation is to be undertaken in
connection with the Project.
2.1.4. Evaluate various alternate solutions available to OWNER as described in Exhibit A, and, after
consultation with OWNER, recommend to OWNER those solutions which in ENGINEER's
judgment best meet OWNER's requirements for the Project.
2.1.5. Prepare a report (the "Report'') which will contain the statement of OWNER's requirements for the
Project and, as appropriate, will contain schematic layouts, sketches and conceptual design criteria
with appropriate exhibits to indicate the considerations involved and those alternate solutions
available to OWNER which ENGINEER recommends. This report will be accompanied by
ENGINEER's opinion of Total Project Costs for each solution which is so recommended for the
Project, including the following: opinion of probable Construction Cost, allowances for
contingencies including costs of design professional and related services based on infonnation
furnished by OWNER "for allowances and other items and services included within the defmition of
Total Project Costs.
2.1.6. Furnish the Report to and review it with OWNER. '
2.1.7. Revise the Report in response to OWNER's comments, as appropriate, and furnish final copies of
the Report in the number set forth in Exhibit A.
2.1.8. Submit the Report within the stipulated period indicated in Exhibit A.
2.1.9. ENGINEER's services under the Study and Report Phase will be considered complete at the earlier
of (I) the date when the Report has been accepted by OWNER or (2) thirty days after the date when
such Report is delivered to OWNER for fmal acceptance, plus in each case such additional time as
may be considered reasonable for obtaining approval of governmental authorities having jurisdiction
to review the portions of the Project specified by ENGINEER, if such approval is to be obtained
during the Study and Report Phase.
The duties and responsibilities of ENGINEER during the Study and Report Phase as set forth in this
paragraph 2.1' are amended and supplemented as indicated in Exhibit A.
ARTICLE 3 - SPECIAL SERVI<;:ES OF ENGINEER
3.1. Special Services Requirinl! Authorization in Advance
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Special Services of the
types listed in paragraphs 3.1.1 through 3.1.9, inclusive, ,as amended and supplemented as indicated in
Exhibit A. These services are not included as part of Basic Services except to the extent otherwise p~ovided
in Exhibit A. These services will be paid for by OWNER as indicated in Section 6.
3.1.1 Preparation of applications and supporting documc:nts (in addition to those furnished under Basic
Services) for private or governmental grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements; review and evaluation of
the effect on the design requirements of the Project of any such statements and documents prepared
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by others; and assistance in obtaining approvals of authorities having jurisdiction over the
anticipated environmental impact of the Project.
3.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify
the accuracy of drawings or other information furnished by OWNER.
3.1.3. Services resulting from significant changes in the scope, extent or character of the portions of the
Project specified by ENGINEER or its design requirements including, but not limited to, changes in
size, complexity, OWNER's schedule, character of construction or method of rmancing; and
revising previously accepted studies or reports, or when such revisions are required by changes in
laws, roles, regulations, ordinances, codes or orders enacted subsequent to the effective date of this
Agreement, or are due to any other causes beyond ENGINEER's control.
3.1.4. Services resulting from facts revealed about conditions:
3.1.4.1. which are different from information about such conditions that OWNER previously
provided to ENGINEER and upon which ENGINEER was entitled to rely; or
3.1.4.2. as to which OWNER had responsibility to provide ifsuch information was not previously
provided.
3.1.5. Providing renderings or models for OWNER's use.
3.1.6. Undertaking investigations and studies including, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; the preparation of cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project;
evaluating processes available for licensing and assisting OWNER in obtaining process licensing.
3.1.7. Furnishing services of ENGINEER's Subconsultants for other than Basic Services.
-3.1.8. . Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's
office as required by Article 2.
3.1.9. Other Special Services performe.d or furnished by ENGINEER in cOMection with the Project.
ARTICLE 4 - OWNER'S RESPONSmILITIES
Except as otherwise provided iri Exhibit A, OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER and shall bear all costs incident thereto:
4.1. Designate in writing a person to act as OWNER's representative with respect to the services to be performed
or furnished by ENGINEER under this Agreement. Such person will have complete authority to transmit
instructions, receive information, interpret and derme OWNER's policies and decisions with respect to
ENGINEER's services for the Project.
4.2. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the Project.
4.3. Furnish to ENGINEER as requested by ENGINEER for performance of Basic Services or as required by the
Contract Documents, the folloWing:
. 4.3.1. data prepared by or services of others, including without limitation explorations and tests of
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subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site, or hydrographic surveys;
4.3.2. appropriate professional interpretations of all of the foregoing;
4.3.3. environmental assessments, audits, investigations and impact statements, and other relevant
environmental or cultural studies as to the Project, the site and adjacent areas.
OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all
reports, data and other information furnished pursuant to this paragraph. ENGINEER may use such reports,
data and information in performing or furnishing services under this Agreement.
4.4. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this Agreement.
4.5. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor and
other consultants as OWNER deems appropriate with respect to such examination) and render in Writing
decisions pertaining thereto.
4.6. Provide, as may be required for the Project:
4.6.1. accounting, bond and financial advisory, independent cost estimating and insurance counseling
services;
4.6.2. such legal services as OWNER may require or ENGINEER may reasonably request with regard to
legal issues pertaining to the Project.
4.7. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or time of performance or furnishing of ENGINEER's services, or any
- defect or nonconformance in ENGINEER's serYices.
4.8. Furnish, or direct ENGINEER to provide, Special Services as stipulated in paragraph 3.1 of this Agreement
or other services as required.
ARTICLE 5 - TIMES FOR RENDERING SERVICES
5.1. If in 'this Agreement specific periods of time for rendering services are set forth or specific dates by which
services are to be completed are provided and if such periods of time or dates are changed through no fault of
ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable
adjustment. If OWNER has requested changes in the scope, extent or character of the Project, the time of
performance of ENGINEER's services shall be adjusted equitably.
ARTICLE 6 - PAYMENTS TO ENGINEER
FOR SERVICES AND REIMBURSABLE EXPENSES
6.1. Methods of Payment for Services and E'Q)enses of Engineer "
6.1.1. For Basic Services
OWNER shall pay ENGINEER for Basic Services performed or furnished under Article 2 on the
basis set forth in Exhibit A.
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6.1.2. For Special Services
OWNER shall pay ENGINEER for Special Services perfonned or furnished under Article 3 on the
basis set forth in Exhibit A.
6.1.3. - For Reimbursable Expenses
In addition to payments provided for in paragraphs 6.1.1 and 6.1.2, OWNER shall pay ENGINEER
for Reimbursable Expenses incuITed by ENGINEER and ENGINEER's Subcontractors as set forth
in Exhibit A. The amount payable for Reimbursable Expenses will include a factor to the extent so
indicated in Exhibit A.
6.1.4. Tax on Services
The amount of any excise, VAT or gross receipts tax that may be imposed shall be added to the
compensation as detennined above.
6.2. Other Provisions Concemine: Payments
6.2.1. Preparation of Invoices
Invoices for Basic and Special Services and ReiI:nbursable Expenses will be prepared in accordance
with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER
at least monthly. The amount billed for Basic Services and Special Services in each invoice will be
calculated on the basis set forth in Exhibit A. Invoices are due and payable on receipt
6.2.2. Unpaid Invoices
If OWNER, for any reason, including, but not limited to, the failure of its systems to be Year 2000
Compliant, fails to make payment due ENGINEER for services and expenses within thirty days after
receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate
of 1.0% per month (or the maximum rate of interest pennitted by law, if less) from said thirtieth day;
and, in addition, ENGINEER may,. after giving seven days' written notice to OWNER, suspend
Services under this Agreement until ENGINEER has been paid in full all amounts due for services,
expenses and charges. Payments will be credited flJ'St to interest and then to principal. In the event
of a disputed or contested billing, only that portion so contested may be withheld from payment, and
the undisputed portion will be paid.
OWNER agrees to pay ENGINEER all costs of collection including but not limited to reasonable
attorneys' fees, collection fees and court costs incuITed by ENGINEER to .collect properly due
payments.
ARTICLE 7 - OPINIONS OF COST
7.1. Opinions of Probable Construction Cost
ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced
and qualified professional engineer generally familiar with the construction industry. However, since
ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or
over the Contractor's methods of detennming prices, or over competitive bidding or market conditions,
ENGINEER cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from
opinions of probable Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to
probable Construction Cost, OWNER shall employ an independent cost estimator as provided in paragraph
4.6.1.
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ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Year 2000 Compliance
8.1.1. The ENGINEER will require all of its SUBCONTRACTORS (if any) to supply materials, products,
equipment and/or services to the ENGINEER for this PROJECT which are Year 2000 compliant In
addition ENGINEER shall specify in the plans and specifications it provides (if any) pursuant to this
Agreement that all materials, products and equipment and/or services to be provided by the
Construction Contractor and vendors shall be Year 2000 Compliant
"Year 2000 Compliant" is the ability of a system, process or item to:
(I) Handle date infonnation before, during and after midnight, December 31, 1999, including, but not limited
to: accepting date input, providing date output, and perfonning calculations and comparisons on dates or
portions of dates. Date interpretation and manipulation must be correct for all valid date values within the
application domain. Regarding all calendar-related date and calendar-related processing of date data, the
system/process will not malfunction, will not cease to function, will not generate incorrect data, and will
not produce incorrect results.
(2) Function accurately and without interruption before, during and after January I, 2000, without any change
in operations associated with the advent of the new century.
(3) Respond to two-digit year-date input in a way that resolves the ambiguity as to the century in a disclosed,
defined and predetennined manner. Interfacing software must make the same century assumptions when
processing two-digit years. Accurately process and exchange date/time data when used in combination
with another system. process or item. .
(4) Process the year 2000 as a leap year. In addition to' the year 2000 leap year dates (February 28-29; March
I, 2000), the following specific dates, and the transition to and from these specific dates, must be
processed without error: December 31, 1998; January I, 1999; September 9, 1999; September 10, 1999;
December 31, 1999; January 1,2000; December 31,2000; January I, 2001; December 31, 2004; and
January I, 2005.
(5) Correctly handle date field containing non-date infonnation and correctly handle a date held in a non-date
field. .
(6) Correctly process any date with a year specified as "99" and "00" regardless of other subjective meanings
attached to these values.
8.1.2. ENGINEER will pass any and all warranties it can reasonably obtain from its
SUBCONTRACTORS pertaining to Year 2000 Compliance directly to OWNER and will require the
Construction Contractors and their vendors to provide warranties on Year 2000 Compliance directly
to the OWNER.
8.1.3. OWNER agrees that its exclusive and sole remedy for Year 2000 Compliance issues will be the
rights that it has pursuant to the warranties provided by the SUBCONTRACTORS anddCONSTRUCTION CONTRACTORS.
8.1.4. LIMIT OF LIABILITY
IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE
PROJECT TO BOTH THE OWNER AND ENGINEER, THE RISKS HAVE BEEN
ALLOCATED SUCH THAT THE OWNER AGREES, TO THE FULLEST
EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF ENGINEER
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AND ITS SUBCONSULT ANTS TO THE OWNER FOR ANY AND ALL CLAIMS,
LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR CLAIMS
EXPENSES FROM ANY CAUSE OR CAUSES RELATING TO YEAR 2000
COMPLIANCE, SO THAT THE TOTAL AGGREGATE LIABll..ITY OF
ENGINEER AND ITS SUBCONSULTANTS TO THE OWNER SHALL NOT
EXCEED THE LESSER OF THE ENGINEER'S FEE PAID BY OWNER OR
510,000. SUCH CLAIMS AND CAUSES INCLUDE, BUT ARE NOT LIMITED TO:
NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT
LIABILITY, BREACH OF CONTRACT OR WARRANTY.
8.2. Termination
The obligation to provide further services under this Agreement may be terminated by either party upon
thirty days' written notice in the event of substantial failure by the other party to perform in accordance with
the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will
be paid for all services rendered and reimbursable expenses incurred to the date of tennination and, in
addition, all reimbursable expenses directly attributable to tennination.
8.3. Reuse of Documents
All documents provided or furnished by ENGINEER (or ENGINEER's Subcontractors) pursuant to this
Agreement are insbuments of service in respect of the Project, and ENGINEER and ENGINEER's
Subcontractors, as appropriate, shall retain an ownership and property interest therein (including the right of
reuse by and at the discretion of ENGINEER and ENGINEER's Subcontractors, as appropriate) whether or
not the Project is completed. OWNER may make and retain copies for information and reference in
connection with the use and occupancy of the Project by OWNER and others; however, such documents are
not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on
any other project. Any such reuse without written verification or adaptation by ENGINEER and
ENGINEER's Subconsultants, as appropriate, for the specific purpose intended will be at OWNER's sole risk
and without liability or legal exposure to ENGINEER, or to ENGINEER's Subcontractors, and OWNER
-shall iJidemnify and hold harmless ENGINEER and ENGINEER's Subconsultants from all claims, damages,
losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
8.4. Mutual Waiver ofConseQJlential Damae:es
Notwithstanding any other provision of this Agreement to the contrary, neither party shall be liable to the
other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of
this Agreement however caused under a claim of any type or nature based on any theory of liability
(including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been
communicated.
8.5. Controlline: Law
This Agreement is to be governed by the law of the principal place of business of ENGINEER.
8.6. Successors and AssilPls
8.6.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and ENGINEER (and to the extent pennitted by
paragraph 8.6.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this
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Agreement and to the partners, successors, executors, administrators and legal representatives (and
said assigns) of such other party, in respect of all covenants, agreements and obligations of this
Agreement
8.6.2. Neither OWNER nor ENGINEER may assign, sublet or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the written consent of the other, except to the extent that any assignment,
subletting or transfer is mandated by law or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this Agreement.
8.6.3. Unless expressly provided otherwise in this Agreement:
8.6.3.1. Nothing in this Agreement shall be construed to create, impose or give rise to any duty
owed by ENGINEER to any Contractor, Subcontractor, Supplier, other person or entity,
or to any surety for or employee of any of them, or give any rights in or benefits under
this Agreement to anyone other than OWNER and ENGINEER.
8.6.3.2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit of OWNER and ENGINEER and not for the benefit of-any other
. party.
8.7. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address
which appears on the signature page to this Agreement (as modified in writing from time to time by such
party) and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a
nationally recognized overnight courier servic:;e. All notices shall be effective upon the date of receipt.
8.8. Severability
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be refonned to replace such stric~en provision or part
thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of
the stricken provision. .
8.9. Insurance
ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation
acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of
any and all employees or of any person other than such employees, and from claims or damages because of
injury to or destruction of property including loss of use resulting therefrom.
8.10. Discovety
ENGINEER shall be entitled to compensation on a time and materials basis when responding to all requests
for discoveries relating to this Project and to the extent that ENGINEER is not a party to the lawsuit.
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8.11. Unforeseen Conditions
At any time during the life of this Agreement should any substance be uncovered or encountered at- the site
that would void or otherwise adversely impact the ENGINEER's professional liability insurance, the
ENGINEER reserves the right to renegotiate the terms and conditions of this Agreement, the fees for the
ENGINEER's services, and the ENGINEER's continued involvement in the Project
8.12. Nondiscrimination and Affinnative Action
In connection with its performance under this Agreement, ENGINEER shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, sexual
orientation or aff'ectional preference, national origin, ancestry, citizenship, physical or mental handicap or
because he or she is a disabled veteran or veteran of the Vietnam era. ENGINEER shall take affirmative
action to ensure that qualified applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, age, sex, marital status, sexual orientation or affectional
preference, national origin, ancestry, citizenship, physical or mental handicap or because he or she is a
disabled veteran or veteran of the Vietnam era. Such actions shall include recruiting and hiring, selection for
training, promotion, fIXing rates or other compensation, benefits, transfers and layoff or termination.
ARTICLE 9 - EXHIBITS AND SPECIAL PROVISIONS
9.1. This Agreement is subject to the provisions of the following Exhibits which are attached to and made a part
of the Agreement:
9.1.1. Exhibit A, "Further Description of Engineering Services and Related Matters," consisting of .2..-
pages
9.1.2. N/A
This Agreement (consisting of Pages 1 to 10 inclusive, and the exhibits identified above) constitute the entire
agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as .of the date flCSt above
written.
OWNER:
By:~~ I. \+~
Title: C I +-~ M ~ J a... a~
Address for giving notices:
Address for giving notices:
r. O. g,,~ "'5'""
~I)rfe., T'/.- /'571..-111 ~
1800 West Loop South
Suite 1550
Houston, Texas 77027
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EXHIBIT A
FURTHER DESCRIPTION FO ENGINEERING SERVICES AND RELATED
MATTERS BETWEEN OWNER AND ENGINEER
FOR
LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT
SOLIDS HANDLING STUDY
This description of services is for performing all necessary tasks to complete a Solids Handling
Study for the City of LaPorte Little Cedar Bayou Wastewater Treatment Plant (WWTP). The
goal of the study will be to determine recommended improvements to the sludge handling
facilities.
The scope of services includes eight (8) major tasks. An outline of the major tasks is as follows:
Task 1 - Project Kickoff Workshop
Due to the short time frame established for this proj ect, a workshop will be held with members of
the CDM design team and City of LaPorte staff. The purpose of the workshop will be to discuss
concerns regarding the existing sludge handling facilities and the potential solutions to those
concerns. The workshop will result in a clearly defined work plan for proceeding with the study.
Workshop results will be summarized in meeting minute fOrn;1at and delivered to the City.
Those minutes will be used as a basis for proceeding with the study.
Task 2 - Collect and Review Data
'This task will consist of obtaining and reviewing existing reports, permits, maintenance records,
plans and specifications, and other relevant documents. The purpose of this task is to ensure the
best available data is used. Input from City staff regarding the collected data will help to
establish the best data to utilize. Collection and review of data will allow the project team to
become familiar with the' configurations and physical conditions of the existing facilities.
Task 3 - Assess Existing Facilities
To develop viable options for the solids handling facilities, CDM must understand the condition
and capabilities of the existing facilities at the Little Cedar Bayou WWTP. CDM will conduct an
on-site audit of the wastewater treatment plant sludge handling facilities to determine their
reliability, vulnerability, and suitability for rehabilitation, etc. The audit will include evaluations
of the following:
A. Sludge Pumping Facilities: Physical inspections of all sludge pumping stations will be
conducted. Testing of each pump in manual operation will be performed. Flow and head
conditions will be verified where possible through physical measurements. Electrical
components, including motor control centers and local control panels will also be
inspected for each sludge pump. As a part of the sludge pumping evaluation, the
RASIW AS valving arrangement will also be reviewed.
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B. Aerobic Digesters: Inspection of the aerobic digesters will included taking one of the
digesters out of service for inpsection of all diffusers, air piping, drain piping, etc. The
overall condition and integrity of the structure will also b~ inspected.
C. Blowers: Each blower that supplies air to the aerobic digesters will be inspected. The
inspection will include operating each blower in the manual mode and verification of
operation through visual methods or through actual field measurements of flow, pressure,
amperage draw, etc. Electrical components, including motor control centers and local
controls, will also be inspected for integrity.
D. Sludge Thickener: The existing gravity thickener will be inspected and tested.
Verification of operation through visual inspection will be performed. All electrical
components will also be inspected and evaluated as a part of the audit process.
E. Polymer System: An evaluation of the polymer system including dry polymer mixing,
polymer storage, polymer feed pumps and wet polymer injection/mixing will be
conducted. . Operation of all steps in the polymer mixing and feed system will be
observed during the audit. Electrical components will also be inspected.
F. Belt Filter Press: A thorough inspection of the existing belt filter press and all of its
ancillary facilities will be conducted as part of the audit. Operation of the belt press will
be observed at varying conditions (i.e. belt speed, sludge feed, polymer feed). These data
will be utilized to determine the operating efficiency of the belt press versus rated
performance. Electrical and control components will also be inspected.
G. Other Facilities: Inspection of all other ancillary components related to the sludge
handling facilities will be inspected as part ofthe audit. These facilities may include
sludge loading, miscellaneous pumping/piping facilities, controls, etc.
In addition to the actual inspections of facilities, interviews with operations and maintenance
staffwill be conducted. The interviews will focus on the vulnerabilities within the sludge
handling system.
Task 4 - Determine Proiected Slud~e Production
Historical sludge production and flow records and population projections will be utilized to
determine the projected sludge production from the Little Cedar Bayou WWTP. Existing
planning documents, population projections, and wastewater master planning documents will be
utilized. It is not the intent of this task to recreate data or perform an extensive planning study.
A task memorandum summarizing the projected sludge production will be delivered to the City
for comment following this task.
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Task 5 - Develop and Evaluate Alternatives
Based on the fmdings of Tasks 1 through 4, CDM will develop alternatives for improvements to
the sludge handling facilities existing and proposed regulations (Chapters 317 and 217,
respectively) at the Little Cedar Bayou WWTP. The alternatives will focus on improvements to
the sludge handling facilities in the following areas:
A. Sludge Digesters: The Little Cedar Bayou WWTP has inadequate aerobic digester
capacity. Without proper digestion, pathogen destruction can be incomplete and sludge
dewatering can be more difficult. A main focus of the evaluation and alternatives
development will be toward solving this problem including provisions to comply with the
proposed Chapter 217 regulations for aerobic digestion. The following solutions will be
evaluated: 1) adding additional digester capacity, 2) adding a pre-thickening step
preceding aerobic digestion to increase the solids concentration in the sludge, thereby
decreasing the volume of sludge fed to the digesters, or 3) a combination of additional
digester capacity and pre-thickening. It is not anticipated that alternative methods of
stabilization will be evaluated. However, a brief review of those alternatives will be
discussed with the City. Alternative methods may be warranted if the method of sludge
disposal is to be modified in the future (Le. sludge reuse or land application). In addition
to digester capacity issues, an evaluation of the blowers, air piping and diffusers will be
performed. Based on the condition ofthe existing equipment/facilities, recommendations
will be made for rehabilitation or replacement. In particular, efficiency improvements
will be recommended that could reduce operational costs.
B. Sludge Thickening: The use of the existing gravity sludge thickener will be evaluated.
_ Its viability in the sludge handling scheme will be re.viewed and recommendations will be
made. Factored in to the continued use of the thickener will be the reliability ofthe
sludge collection mechanism and the costs associated with maintaining that equipment:
C. Sludge Dewatering Process: The overall sludge dewatering process will be evaluated,
including polymer feed, sludge feed and dewatering. The dewatering process will be
evaluated as a complete process, but individual components will be evaluated as a part of
that process. Alternatives will be developed for improvements to the process with the
focus being on providing a system that is reliable, is simple to operate, provides adequate
redundancy, and is easy to maintain. Alternatives evaluated for the sludge dewatering
process will include: 1) rehabilitation or replacement of sludge conditioning and
dewatering equipment within the existing sludge handling building, 2) modification or
enlargement of the existing sludge dewatering building and rehabilitation or replacement
of equipment within that building, or 3) construction of a new sludge dewatering .
building. Due to the constraints within the existing sludge dewatering building, it is
anticipated that the study will focus on a new sludge dewatering facility. However,
investigation of all alternatives will be performed to ensure the best comprehensive
solution.
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D. SludgeLoading: The existing dewatered sludge loading method is operator intensive.
Methods to improve the sludge loading process will be evaluated and alternatives will be
developed. Modifications to this process are contingent upon the recommendations made
in (C.) above. If a new sludge dewatering building is proposed, a design for efficient
sludge loading will be incorporated.
E. Miscellaneous Facilities: An evaluation of the entire sludge handling process will be
performed. Any modifications that will improve the overall reliability of the system will
be evaluated and recommendations made. A particular focus will be on those items that
may reduce operations and maintenance costs over the life ofthe project.
The alternatives will be evaluated using both cost and non-cost factors. The non-cost factors will
include system reliability, ease of maintenance, ease of operation, compatibility with existing
plant facilities, ease of implementation and other factors that may be developed as a part of the
kickoffworkshop. Non-cost factors will be evaluated with a matrix ranking system. Cost
comparison of alternatives will be performed using a life-cycle cost analysis on a present worth
basis.
Task 6 - Ouality Assurance/Quality Control
The assumptions, analyses, findings, and conclusions of this study will be reviewed by senior
members of the company who have experience and expertise in this type of work. Deliverables
will also be reviewed by City staffto ensure that project objectives are met and the selected
alternative satisfies the City's needs. All comments, suggestions, and recommendations will be
addressed and incorporated as appropriate.
Task 7 - Prepare Budgetary Cost Estimate
This task will serve to advise the City of probable costs of the recommended improvements so
that appropriate steps can be taken to identify funding sources for the project. Cost estimates
will have been prepared for each alternative as part of Task 5. Here, CDM will prepare a final
compiled cost estimate for the recommended alternative for planning purposes. The estimate
will be based on previous experience, in-house bid tabulations and data, rough material take-offs,
and other pertinent information. The cost estimate will be delivered to the City prior to the
report in order to meet budget planning deadlines.
Task 8 - ReportJPresentation
This task will include the delivery of draft and fmal study reports to the City. Five (5) copies of
the draft report will be delivered to the City for review. Following review by the City, a meeting
will be held to discuss the City's comments as well as CDM's internal review comments.
Following the review meeting, all pertinent comments will be addressed and incorporated into
the final version of the document. Five (5) copies of the final report will be delivered to the City.
A presentation summarizing the findings of the study will be made to City staff or council as
required.
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Schedule
The above tasks will be completed in accordance with the attached schedule.
Costs
The project shall be performed for a lump sum fee of $49,780 to be paid in accordance with the
following:
Completion of Existing Facilities Assessment: 20%
Delivery of Draft Report: 75%
Acceptance of Final Report: 100%
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Date: Thu 5/11/00
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To: John Joems, Assistant City Manager
From: Steve Gillett, Director of Public Wo
CC: Robert T. Herrera, City Manager
Date: 04/14/00
Re: Belt Press Replacement Study
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Memo
The FY 1999-2000 Utility CIP budget includes an engineering evaluation of the little
Cedar Bayou Wastewater Treatment Plant belt press to determine replacement
alternatives. The belt press is used to dewater sludge prior to final disposal. The
original project included an engineering evaluation of the unit to determine the best
location and size of the proposed replacement. Funding for final design and
construction/purchase would be budgeted in future years.
After discussions with several engineering firms, it was determined that the entire
solids handling process should be examined. The original dewatering equipment
and structures were constructed in 1981, and construction of additional digester
capacity was included in the 1986 expansion of the Plant. With increasing solids
loading at the Plant in the past few years, detention time in the digester has fallen
from 21 days to less than 14 days, increasing the amount of solids per volume of
wastewater treated.
The proposed engineering study has been expanded to include an examination of
the entire solids handling process, including digester size, thickener size and location
and the belt press size and location. The proposed study will examine the need for
additional sludge handling capacity, as well as the physical location of needed
improvements to conform with the future expansion plans. Request for Qualifications
(RFQ) have been received and are currently under evaluation by staff. When
completed, a scope of work and proposed contract will be developed for presentation
to City Council.
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