HomeMy WebLinkAboutO-2001-2465
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ORDINANCE NO. 2001-~~~~
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF LA PORTE AND CAMP DRESSER
, McKEY, TO PERFORM PRELIMINARY ENGINEERING FOR THE LITTLE CEDAR
BAYOU WASTEWATER TREATMENT PLANT SOLIDS HANDLING PROJECT;
APPROPRIATING NOT TO EXCEED $100,000.00, 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 descr ibed in the
title of this ordinance, in substantially the form as ~hown 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
$100,000.00 from the City of La Porte FY 2000-2001 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
required 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. 2001-~4~~
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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 January, 2001.
CITY OF LA PORTE
BY:~
orman . Mal e,
Mayor
ATTEST:
~~ tl A-uJUI
ar ha A. Gillett, .
City Secretary
Knox W. Askins,
City Attorney
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STANDARD FORM OF AGREEMENT
OWNER AND ENGINEER FOR
PROFESSIONAL DESIGN SERVICES
THIS IS AN AGREEMENT made as of January 4, 2001 X200Xl between City of LaPorte, Texas ("OWNER") and Camp
Dresser & McKee Inc. ("ENGINEER").
OWNER intends to design and construct Sludge Processing Facility hnprovements at the Little Cedar Bayou Wastewater
Treatment Plant (the "Project").
OWNER and ENGINEER in consideration of their mutual'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 first 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") and in the other exhibits listed in Article 9 below. This Agreement will become effective
on the date first 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
prime design professional and engineering representative for the Project providing professional 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 engineering and 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. Coordination with Other Documents
It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for
the Project and that all amendments thereof and supplements thereto will be generally consistent therewith.
Except as otherwise defmed herein, the terms which have an initial capital letter in this Agreement and are
defmed in the Standard General Conditions will be used in this Agreement as defmed in the Standard General
Conditions. The term "defective" will be used in this Agreement as defined in the Standard General Conditions.
1.3. 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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1.3.1. Special Sen'ices
Special Services means the services to be performed for or furnished to OWNER by ENGINEER
described in Article 3 of this Agreement.
1.3.2. A,greement
Agreement means this Standard Form of Agreement between OWNER and ENGINEER for Professional
Services including those exhibits listed in Article 9 of this Agreement.
1.3.3. Basic Services.
Basic Services means the services to be perfornled for or furnished to OWNER by ENGINEER
described in Article 2 of this Agreement.
1.3.4. 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.
1.3.5. Contractor
Contractor means the person or entity with whom OWNER enters into a written agreement covering
construction work to be performed or furnished with respect to the Project.
1.3.6. 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 associate or
subcontractor engaged directly on the Project.
1.3.7. 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.
1.3.8. Standard General Conditions
Standard General Conditions means the Standard General Conditions of the Construction Contract (No.
1910-8) (1996 Edition) of the Engineers Joint Contract Documents Committee.
1.3.9. Total Project Costs
Total Project Costs means the sum 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 consul-
tants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest
and financing charges and for other services to be provided by others to OWNER under Article 4.
ARTICLE 2 - BASIC SERVICES OF ENGINEER
2.1. Desit:m Phase
2.1.1. Prepare for incorporation in the Contract Documents final Drawings showing the scope, extent and
character of the work to be performed and furnished by Contractor and Specifications (which will be
prepared, where appropriate, in general confornlance with the sixteen division format of the
Construction Specifications Institute).
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2.1.2. Provide technical criteria, written descriptions and design data for O\\TNER's use in filing applications
for permits with or obtaining approvals of such governmental authorities as have jurisdiction to revjew
or approve the final design of the Project, and assist OWNER in consultations with appropriate
authorities.
2.1.3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments
to Total Project Costs known to ENGINEER as a result of changes in scope, extent or character or
design requirements of the Project.
'2.1.4. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations
to bid and instructions to bidders, and assist in the preparation of other related documents.
2.1.5. Furnish five copies of the above dqcuments, Drawings and Specifications to and review them with
OWNER.
2.1.6. ENGINEER's services under the Design Phase will be considered complete at the earlier of (I) the date
when the submittals have been accepted by OWNER o~ (~) thirty days after the date when such
submittals are delivered to OWNER for final acceptance, plus in each case such additional time as may
be considered reasonable for obtaining approval of governmental authorities having jurisdiction to
approve the portions of the Project designed or specified by ENGINEER, if such approval is to be
obtained during the Design Phase. .'
The duties and responsibilities of ENGINEER during the Design Phase are amended and supplemented
as indicated in Exhibit A.
ARTICLE 3 - SPECIAL SERVICES OF ENGINEER
3.1. Services Reauirine: 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 3.1.11, 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 provided in Exhibit
A. These services will. be paid for by OWNER as indicated in Article 6.
3.1.1. Preparation of applications and supporting documents (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 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.
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3.1.3. Services resulting from significant changes in the scope, extent or character of the portions of the Project
designed or specified by ENGINE~R or its design requirements including, but not limited to, changes
in size, complexity, OWNER's schedule, character of construction or method offmancing; and revising
previously accepted studies, reports, Drawings, Specifications or Contract Documents when such
revisions are required by changes in laws, rules, 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. Providing renderings or models for OWNER's use.
3.1.5. Preparing documents for alternate bids requested by OWNER for Contractor's work which is not
executed or documents for out-of-sequence work.
3.] .6. Undertaking investigations and studies including, but not limited to, detailed consideration of operations,
maintenance and overhead expenses; the preparation of feasibility studies, cash flQw 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; detailed quantity
surveys of materials, equipment and labor; and audits or inventories required in connection with
construction performed by OWNER.
3.1.7. Furnishing services of ENGINEER's Subcontractors for other than Basic Services; and furnishing data
or services of the types described in paragraph 4.4 when OWNER employs ENGINEER to provide such
data or services in li~u of furnishing the same under paragraph 4.4.
3:] .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. Preparing for coordinating with, participating in and responding to structured independent review
processes, including, but not limited to, Construction Management, Cost Estimating, Project Peer
Review, Value Engineering and Constructability Review requested by OWNER; and performing or
furnishing services required to revise studies, reports, Drawings, Specifications or Contract Documents
as a result of such review processes.
3.] .10. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other
legal or administrative proceeding involving the Project (except for assistance in consultations which
is included as part of Basic Services under paragraph 2.1.2).
3.].] ]. Other Special Services performed or furnished by ENGINEER in connection with the Project, including
services which 'are to be furnished by OWNER under Article :4, and services not otherwise provided for
in this Agreement.
ARTICLE 4 - OWNER'S RESPONSIBILITffiS
Except as otherwise provided in 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 instruc-
tions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's
services for the Project.
4.2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives
and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies
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of all design and construction standards which OWNER will require to be included in the Drawings and
Specifications.
4.3. 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.
4.4. Furnish to ENGINEER, as requested by ENGINEER, for performance of Basic Services or as required by the
Contract Documents, the following:
4.4.1. services provided or data prepared by others, including, without limitation, explorations and tests of
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;
4.4.2. the services of an independent testing laboratory to perform all inspections, tests and approvals of
samples, materials and equipment;
4.4.3. appropriate professional interpretation of all of the foregoing;
4.4.4. environmental assessments, audits, investigations and impact statements, and other relevant
environmental or cultural studies as to the Project, the site and adjacent areas;
4.4.5. field surveys for design purposes and property, boundary, easement, right-of-way, topographic and utility
surveys or data, including relevant reference points;
4.4.6. property descriptions;
4.4.7. zoning, deed and other land use restrictions; and
4.4.8. other special data or consultations not covered in Article 2.
OWNER s~aIl 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.
4.5. Provide. as required by the Contract Documents, engineering surveys and staking (except as otherwise provided
in Exhibit A) to enable Contractor to proceed with the layout of the work, and other special field surveys.
4.6. 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.
4.7. 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.
4.8. Provide approvals and pernlits from all governmental authorities having jurisdiction to approve the portions of
the Project designed or specified by ENGINEER and such approvals and consents from others as may be
necessary for completion of such portions of the Project.
4.9. Provide such accounting, bond and financial advisory, independent cost estimating and insurance counseling
services and such legal services as OWNER may require or ENGINEER may reasonable request with regard to
legal issues pertaining to the Project.
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4.10. If more than one prime contract is to be awarded for work designed or specified by ENGINEER, designate a
person or entity to have authority and responsibility for coordinating the activities among the various prime
contractors, and define and set forth the duties, responsibilities and limitations of authority of such person or
entity and the relation thereof to the duties, responsibilities and authority of ENGINEER in an exhibit that is to
be mutually agreed upon and attached to and made a part of this Agreement before such services begin.
4.11. Provide labor and safety equipment to open and protect manholes andlor to operate valves and hydrants as
required by the ENGINEER.
4.12. Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided
by others for OWNER so that ENGINEER may make the necessary calculations to develop and periodically
adjust ENGINEER's opinion of Total Project Costs.
4.13. 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 services or in the work of any Contractor.
4.14. Furnish, or direct ENGINEER to provide, Special Services as stipulated in paragraph 3.1 of this Agreement or
other services as required.
4.15. Bear all costs incident to compliance with the requirements of this Article 4.
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 and
compensation for ENGINEER's services shall be adjusted equitably.
5.2. If ENGINEER's services for design of the Project are delayed or suspended in whole or in part by OWNER:
5.2.1. for more than three months through no fault of ENGINEER, ENGINEER shall be entitled to equitable
adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect,
among other things, reasonable costs incurred by ENGINEER in connection with such delay or
suspension and reactivation and the fact that the time for performance under this Agreement has been
revised; or
5.2.2. for more than one year through no fault of ENGINEER, the rates and amounts of compensation provided
for elsewhere in this Agreement will be subject to equitable adjustment to reflect, among other things,
changes in the various elements that comprise such rates of compensation.
5.3. In the event that the work designed or specified by ENGINEER is to be performed or furnished under more than
one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more
prime contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement
of the Design Phase, develop a schedule for performance of ENGINEER's services during the Design Phase in
order to sequence and coordinate properly such services as are applicable to the work under such separate prime
contracts. This schedule is to be prepared and included in Exhibit A whether or not the work under such
contracts is to proceed concurrently.
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ARTICLE 6 - PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
6.1. Methods of Payment for Services and Expenses of ENGINEER
6.1.1. For Basic Se,,'ices
OWNER shall pay ENGINEER for Basic Services performed or furnished under Article 2 on the basis
set forth in Exhibit A.
6.1.2. For Special Sen'ices
OWNER shall pay ENGINEER for Special Services performed 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 incurred 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 determined above.
6.2. Other Provisions Concerning Payments
6.2.1. Preparatio1l of Invoices
Invoices for Basic and Special Services and Reimbursable 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 cal-
culated 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, fails to make any 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
permitted 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 ~nd charges. Payments will be credited first 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 incurred 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 determining prices, or over competitive bidding or market conditions, ENGINEER
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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 4.9.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1. 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 termination and, in addition, all
reimbursable expenses. directly attributable to termination.
8.2. Reuse of Documents
All documents including Drawings and Specifications provided or furnished by ENGINEER (or ENGINEER's
Subcontractors) pursuant to this Agreement are instruments 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 Subcontractors, 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
indemnify and hold harmless ENGINEER and ENGINEER's Subcontractors 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.
8.3. Mutual Waiver of Consequential Damaees
Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers,
. . agents, servants and employees 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 9f 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.
8.4. Controlline Law
This Agreement is to be governed by the law of the principal place of business of ENGINEER.
8.5. Successors and Assiens
8.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators
and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 8.5.2
the assigns of OWNER and ENGINEER) are hereby bound to the other party to this 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.
8.5.2. 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
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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 as-
signor from any duty or responsibility under this Agreement.
8.5.3. Unless expressly provided otherwise in this Agreement:
8.5.3.]. 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.
8.5.3.2. 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.
8.6. 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 service. All notices shall be effective upon the date of receipt.
8.7. Severability
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation sha1l be
deemed stricken, and a1l remaining provisions shall continue to be valid and binding upon' OWNER and
ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
8.8. 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.
8.9. 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
a1l 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. Discoverv
ENGINEER sha1l be entitled to compensation on a time and materials basis when responding to all requests for
discovery relating to this Project and to the extent that ENGINEER is not a party to the lawsuit.
8.1 ]. Nondiscrimination and Affirmative Action
In connection with its performance under this Agreement, ENGINEER sha1l not discriminate against any
employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, sexual
orientation or affectional preference, national origin, ancestry, citizenship, physical or mental handicap or because
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he or she is a disabled veteran or veteran of the Viemam era. ENGTh.TEER 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. Thi~ 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 11 pages.
9.1.2. N/A
This Agreement (consisting of Pages 1 to 11 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.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and
year fIrst above written.
ENG~7f
/tJ, ~). rLr
By: Rodney W. Chapin, P.E.
OWNER
By: Robert Herrera
Title: City Manager Title:
Date: G~ T. \\~ Date:
,~ ~z"o I
Address for giving notices:
Address for giving notices:
City of La Porte. Texas
Camp Dresser & McKee Inc.
P. O. Box 1115
1800 West Loop South. Suite 1550
La Porte. Texas 77572-1115
Houston. TX 77027
Professional Design Services
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EXHIBIT A
FURTHER DESCRIPTION OF ENGINEERING
SERVICES AND RELATED MA TIERS
SCOPE OF SERVICES
FOR
CITY OF LA PORTE
LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT
SLUDGE PROCESSING FACILITY IMPROVEMENlS
The Engineer will prepare a preliminary engineering report and provide additional services as
required for the Sludge Processing Facility Improvements at the Little Cedar Bayou Wastewater
Treatment Plant (WWTP). The work associated with these engineering services is separated
. into the following tasks:
I. Preliminary Engineering Services
II. Additional Services
R:\CONTRACf\LAPORTE\SCOPE-A.DOC say
A-l
January 4, 2001
e
e
I. PRELIMINARY ENGINEERING SERVICES
Preliminary engineering services for the Sludge Processing Facility Improvements at the
Little Cedar Bayou WWTP will be performed by Camp Dresser & McKee Inc. The
following scope of work is for t~ose preliminary engineering services.
A. Project Management:
. Conduct a project initiation meeting to clarify requirements for the project;
. Coordinate with staff and project personnel to complete project tasks and meet
project objectives;
. Conduct project meetings with staff at least on'a bi-monthly basis and provide
appropriate minutes of the meetings and necessary documentation;
. Develop and maintain a project schedule with detailed milestones; and
. Provide quality control reviews and technical reviews of all evaluations and
recommendations, technical memoranda, and reports.
B. Preliminary Engineering Report (PER): The Engineer shall prepare a preliminary
engineering report (PER) for approval and revise as required. Such report shall
consist of preliminary layouts, sketches, recommended final design criteria, and
construction costs estimates. The report shall be prepared in sufficient detail so as to:
(1) clearly indicate anticipated problems; and (2) recommend alternate solutions to
the problems.
The preliminary engineering report will address the following aspects of the sludge
processing facilities design:
. A summary of recommended improvements.
. Facility design criteria recommendations.
. Electrical and control requirements.
. Documentation for TNRCC variance request (if necessary).
. Schedule of final design/ construction.
. Probable cost of construction for the recommended improvements.
The Engineer shall submit five (5) copies of the draft preliminary engineering report.
After receipt of review comments, the Engineer shall incorporate review comments,
as appropriate, and submit five (5) copies of the final preliminary engineering report.
R:\CONTRACT\LAPORTE\SCOPE-A.DOC say
A-2
January 4, 2001
e
e
II. ADDITIONAL SERVICES
Additional services will be provided as required for the following tasks.
A. Surveying
1. Engineer will perform design topographical surveying for the treatment plant
site, including the adjacent property to be used for the sludge dewatering
building. Permanent control points and bench marks to USGS datum will be
established.
B. Geotechnical Investigation
1. Engineer will conduct geotechnical investigation for design of the Sludge
Processing Facility Improvements.
III. SCHEDULE
A. The Engineer shall initiate work described herein immediately upon the execution of
the Agreement and upon issuance by City of Notice to Proceed.
. B. Engineer shall submit five (5) draft copies of the Preliminary Engineering Report
within 70 calendar days of receipt of the City's Notice to Proceed.
C. Engineer shall submit five (5) final copies of the Preliminary Engineering Report
within 14 calendar days of receipt of the City's draft report review comments.
IV. COST
A. Costs for Preliminary Engineering Services shall be lump sum.
B. Costs for Additional Services shall be reimbursable per the attached wage rates
(Table A-1) and reimbursable rates (Table A-2).
C. The lump sum cost for Preliminary Engineering Services shall be $76,500. A
breakdown of manhours and other direct costs is included in Table A-4.
V. PAYMENT SCHEDULE
A. Engineer shall issue an invoice for 75 percent of the lump sum cost for Preliminary
Engineering Services upon submittal of the draft version of the Preliminary
Engineering Report. .
B. Engineer shall issue an invoice for the remaining 25 percent of the lump sum cost for
Preliminary Engineering Services upon submittal and acceptance of the final version
of the Preliminary Engineering Report.
C. Payment for additional services shall be for reimbursable costs accrued at the time of
each invoice.
R:\CONTRAcr\LAPORTE\SCOPE-A.DOC say
A-3
January 4, 2001
e
Table A-1
e
BILLING RATE SCHEDULE
FOR
RESIDENT ENGINEERING AND ADDITIONAL SERVICES
Category
Principal/Tech Specialist (QA/QC)
Project Director
Senior Project Manager
Electrical/Instrumentation Engineer
Structural Engineer
Project Engineer
Design Engineer
CADD
Administrative Support
R:\CONTRAcr\LAPORTE\SCOPE-A.DOC .ay
A-4
2001
$ 180.00
145.00
140.00
140:00
135.00
110.00
90.00
80.00
58.00
2002
$ 190.00
148.00
142.00
142.00
138.00
113.00
92.50
82.00
62.00
January 4, 2001
e
e
Table A-2
RE~BURSABLECOSTS
FOR
RESIDENT ENGINEERING AND ADDITIONAL SERVICES
Item
Photocopies
Mylar Plots
Bluelines
Facsimilie
Mileage
Unit Cost
$ 0.10
17.00
1.00
1.00
0.33
Unit Cost
$ 0.10
17.00
1.00
1.00
0.33
Note: All other reimbursable costs, i.e., telephone, mail, Fed Ex, courier, and miscellaneous
supplies will be invoiced at actual cost. All outside professionals will be invoiced at
actual cost plus 10 percent markup.
R:\CONTRACT\LAPORTE\SCOPE-A.OOC say
A-S
January 4, 2001
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Table A-3
SUMMARY OF PRELIMINARY ENGINEERING COSTS
INCLUDING ESTIMATED COSTS FOR OUTSIDE PROFESSIONALS
SLUDGE PROCESSING FACILITY IMPROVEMENTS
LITILE CEDAR BAYOU WWTP
Preliminary En~eerin~ Phase
Preliminary Engineering (lump sum)
Surveying (reimbursable per Tables A-I, A-2)
Geotechnical (reimbursable per Tables A-I, A-2)
$ 76,500
$ 15,000 (est.)
$ 20,000 (est.)
END OF ATTACHMENT A
R:\CONTRAcr\LAPORTE\SCOPE-A.DOC say
A-6
January 4, 2001
Contractor:
aOle i\-4
LaPor1e Preliminary Engineering Budget
& McKee
10
76,495
Camp Dresser
$
This Estimate
Total for
Task 1 Complete Preliminary Engineering Budget
Camp Dresser and McKee labor Costs
Comment
Extended Amount
---ai9.Oo
4,536.00
26,006.40
5,040.00
17,035.20
--
7,875.00
1,260.00
5,796.00
Multiplier
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
65
45
43
40
26
48
35
30
25
25
20
Salary Rale
4 $
32 $
192 $
40 $
208 $
o $
o $
o $
100 $
16 $
92 $
Man-Hours
Manager
Project
Engineer
Senior
Junior Engineer
Senior Scientist
Scientist
Principa
Project Director
Senio
Designer
Drafter
Administrative Assistant
Clerical
68,367.60
$
Total
Sub
Comment
Extended Amount
3,850.00
$
$
$
Multiplier
.1
.1
.1
Contract
3,500.00
$
$
$
Outside Professionals
Pete Bulot
3,850.00
$
-
Comment
Exlended Amount
1'65.00
100.00
35.00
227.50
3,000.00
$
$
$
$
$
$
$
Sub -Total
Cost
-
0.10
17.00
1.00
10.00
.00
0.33
'r:11~~:
Unit
.,650 $-
o $
f~;, 100 $
~~~fW 0 $
,~.1i!:~,.!11 35 $
f~:t~i:':;;:~:~;:At.~~i- ;:::jt~~ff.~;::
Other Direct, Reimbursable Non-labor Costs
Photocopies
Number
Mylar Plols
Bluelines
CADD Computer Allocation
Facsimile
Mileage
Other Reimbursable Non-labor Costs
Comment
Extended Amount
750.00
.,
Unit Cost
-
~t.;~~.~
Number
-
':f.I~~ ~~~i~~.'~~(~!~~?"JJ~.I~~!
lump Sum
$' 750
Reimbursable Travel Costs
Reimbursable Travel
tJ $
.-:i:j
",.,
;:-....
t~~
4,277.50
76,495.10
$
$
Total
Task Total
Sub
e
e
EXHIBIT A
FURTHER DESCRIPTION OF ENGINEERING
SERVICES AND RELATED MATTERS
SCOPE OF SERVICES
FOR
CITY OF LA PORTE
LITILE CEDAR BAYOU WASTEWATER TREATMENT PLANT
SLUDGE PROCESSING FACILITY IMPROVEMENTS
The Engineer will prepare a preliminary engineering report and provide additional services as
required for the Sludge Processing Facility Improvements at the Little Cedar Bayou Wastewater
Treatment Plant (WWTP). The work associated with these engineering services is separated
into the following tasks:
I. Preliminary Engineering Services
II. Additional Services
R:\CONTRACT\LAPORTE\SCOPE-A.DOC say
A-I
January 5, 2001
.e
e
I. PRELIMINARY ENGINEERING SERVICES
Preliminary engineering services for the Sludge Processing Facility Improvements at the
Little Cedar Bayou WWTP will be performed by Camp Dresser & McKee Inc. The
following scope of work is for those preliminary engineering services.
A. Project Management:
. Conduct a project initiation meeting to clarify requirements for the project;
. Coordinate with staff and project personnel to complete project tasks and meet
project objectives;
. Conduct project meetings with staff at least on a bi-monthly basis and provide
appropriate minutes of the meetings and necessary documentation;
. Develop and maintain a project sch~dule with detailed milestones; and
. Provide quality control reviews and technical reviews of all evaluations and
recommendations, technical memoranda, and reports.
B. Preliminary Engineering Report (PER): The Engineer shall prepare a preliminary
engineering report (PER) for approval and revise as required. Such report shall
consist of preliminary layouts, sketches, recommended final design criteria, and
construction costs estimates. The report shall be prepared in sufficient detail so as to:
(1) clearly indicate anticipated problems; and (2) recommend alternate solutions to
the problems.
The preliminary engineering report will address the following aspects of the sludge
processing facilities design:
. A summary of recommended improvements.
. Facility design criteria recommendations.
. Electrical and control requirements.
. Documentation for TNRCC variance request (if necessary).
. Schedule of final design/ construction.
. Probable cost of construction for the recommended improvements.
The Engineer shall submit five (5) copies of the draft preliminary engineering report.
After receipt of review comments, the Engineer shall incorporate review comments,
as appropriate, and submit five (5) copies of the final preliminary engineering report.
R:\CONTRACJ'\LAPORTE\SCOPE-A.DOC say
A-2
January 5, 2001
e
e
II. ADDITIONAL SERVICES
Additional services will be provided as required for the following tasks.
A. Surveying
1. Engineer will perform design topographical surveying for the treatment plant
site, including the adjacent property to be used for the sludge dewatering
building. Permanent control points and bench marks to USGS datum will be
established.
B. Geotechnical Investigation
1. Engineer will conduct geotechnical investigation for design of the Sludge
Processing Facility Improvements.
III. SCHEDULE
A. The Engineer shall initiate work described herein immediately upon the execution of
the Agreement and upon issuance by City of Notice to Proceed.
B. Engineer shall submit five (5) draft copies of the Preliminary Engineering Report
within 70 calendar days of receipt of the City's Notice to Proceed.
C. Engineer shall submit five (5) final copies of the Preliminary Engineering Report
within 14 calendar days of receipt of the City's draft report review comments.
IV. COST
A. . Costs for Preliminary Engineering Services shall be lump sum.
B. Costs for Additional Services shall be reimbursable per the attached wage rates
(Table A-I) and reimbursable rates (Table A-2).
C. The lump sum cost for Preliminary Engineering Services shall be $76,500. A
breakdown of manhours and other direct costs is included in Table A-4.
v. PAYMENT SCHEDULE
A. Engineer shall issue an invoice for 75 percent of the lump sum cost for Preliminary
Engineering Services upon submittal of the draft version of the Preliminary
Engineering Report.
B. Engineer shall issue an invoice for. the remaining 25 percent of the lump sum cost for
Preliminary Engineering Services upon submittal and acceptance of the final version
of the Preliminary Engineering Report.
C. Payment for additional services shall be for reimbursable costs accrued at the time of
each invoice.
R:\CONTRAcr\LAPORTE\SCOPE-A.DOC say
A-3
January S. 2001
e
Table A-1
.
BILLING RATE SCHEDULE
FOR
RESIDENT ENGINEERING AND ADDITIONAL SERVICES
Category
Principal/Tech Specialist (QA/QC)
Project Director
Senior Project Manager
Electrical/Instrumentation Engineer
Structural Engineer
Project Engineer
Design Engineer
CADD
Administrative Support
R:\CONTRACr\LAPOKI'E\SCOPE-A.DOC say
A-4
2001
$ 180.00
145.00
140.00
140.00
135.00
110.00
90.00
80.00
58.00 .
2002
$ 190.00
148.00
142.00
142.00
138.00
113.00
92.50
82.00
62.00
January 5, 2001
e
e
Table A-2
REIMBURSABLE COSTS
FOR
RESIDENT ENGINEERING AND ADDITIONAL SERVICES
Item
Photocopies
Mylar Plots
BlueIines
Facsimilie
Mileage
Unit Cost
$ 0.10
17.00
1.00
1.00
0.33
Unit Cost
$ 0.10
17.00
1.00
1.00
0.33
Note: All other reimbursable costs, i.e., telephone, mail, Fed Ex, courier, and miscellaneous
supplies will be invoiced at actual cost. All outside professionals will be invoiced at
actual cost plus 10 percent markup.
R:\CONTRACf\LAPORTE\SCOPE-A.DOC say
A-S
January 5, 2001
e
e
Table A-3
SUMMARY OF PRELIMINARY ENGINEERING COSTS
INCLUDING ESTIMATED COSTS FOR OUTSIDE PROFESSIONALS
SLUDGE PROCESSING FACILITY IMPROVEMENTS
LITILE CEDAR BAYOU WWTP
Preliminary En~eering Phase
Preliminary Engineering (lump sum)
Surveying (reimbursable per Tables A-l, A-2)
Geotechnical (reimbursable per Tables A-l, A-2)
$ 76,500
$ 9,000
$ 8,000
END OF ATIACHMENT A
R:\CONTRACI'\LAPORTE\SCOPE-A.DOC say
A-6
January 8, 2001
Table A-4
Budget Summary
Preliminary Engineering
Camp Dresser & McKee
10
Contractor:
Total for This Estimate
LaPorte Preliminary Engineering Budget
76,495.
$
Comment
Extended Amount
~O
4,536.00
26,006.40
5,040.00
17,035.20
e
Multiplier
315 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
3.15 $
7,875.00
1,260.00
5,796.00
3.15 $
3.15 $
3.15 $
3.15 $
65
45
43
40
26
48
35
30
25
25
20
Salary Rate
4 $
32 $
192 $
40 $
208 $
o $
o $
o $
100 $
16 $
92 $
Man-Hours
Task 1 Complete PrelimInary EngIneering Budget
Camp Dresser and McKee Labor Costs
Principal
Project Director
Senio
Manager
Projecl
Senior Engineer
Junior Engineer
Scientist
ist
Senior
Designer
Drafter
Administrative Assistant
Clerical
68,367.60
$
Total
Sub
Comment
Extended Amount
3]5[00
$
$
Multiplier
1-
1.
Contract
3.500.00
$
$
p~~
Outside Professionals
~Iot
3,850.00
$
-
Comment
Extended Amount
165.00
100.00
35.00
227.50
3,000.00
$
$
$
$
$
$
$
Sub -Total
Unit Cost
"'Q.1 0
17.00
1.00
10.00
1.00
0.33
$
$
$
$
$
$
,650
o
100
o
35
700
Number
Lump Sum
::.,": ~I'!".,..=-.~.. ;;,
.. . .
Other Direct, Reimbursable Non-Labor Costs
Photocopies
Plots
Myla
Bluelines
CADD Computer Allocation
Facsimile
Mileage
Other Reimbursable Non-Labor Costs
Comment
Extended Amount
750.00
Cost
-
Unit
-
.
~.
Number
.
.
Lump Sum
$' 750
Reimbursable Travel Costs
Reimbursable Travel
$
4,277.50
76,495.10
$
$
Total
Task Total
Sub