HomeMy WebLinkAbout5/16/2001 - STAFF REPORTS (6) DATE: May 16, 2001
TO: City Council
FROM: Assistant City Manager-Special Projects
US FILTER MANAGEMENT AGREEMENT, AMENDMENT#1
RECOMMENDATION:
It is recommended that City Council approve Amendment#1 to Agreement#4123 with
US Filter Operating Services (USFOS) to incorporate construction administration
standards.
SUMMARY:
The Management Agreement with USFOS allows for installation of equipment and
construction of improvements, this first Amendment would outline construction
administration standards to be followed.
BACKGROUND:
On July 28, 1999,the City Council approved a Management Agreement with USFOS
for the ongoing operation of and efficiency improvements at the Wastewater
Treatment Plant. The Amendment contemplates that certain improvements may be
made atthe plant by USFOS and the Agreement outlines how such improvements are
to be authorized. The Agreement is silent on actual construction administration
standards/procedures that the City would expect USFOS to adhere to.
The standards are more significantly outlined on the attached Amendment. In short,
they run from permitting, to plans, to as-builts, and to licensing. This proposed
Amendment has been agreed to by USFOS and a Minute Order is attached for City
Council consideration, which would approve the Amendment.
ALLEN F. SMOOT, AAE
Assistant
—City
.,Manager-Special Projects
APPROVE �z—
City Manager
Attachments:
1. Minute Order
2. Amendment
FIRST AMENDMENT TO AGREEMENT NO. 4123
WASTEWATER SERVICES AGREEMENT (O&M)
THIS FIRST AMENDMENT TO AGREEMENT NO.4123 WASTEWATER SERVICES
AGREEMENT (O&M) ("Amendment") is made and entered into this day of
,2001, by and between the CITY OF PALM SPRINGS, a California municipal
corporation ("City") and U.S. FILTER OPERATING SERVICES, INC., a Delaware corporation
("Filter").
RECITALS
A. On or about July 3, 1999, City and Filter entered into that certain,Wastewater Services
Agreement(O&M)No.4123 (Agreement")for the provision by Filter to City of certain services for
the operation and maintenance of the City's Treatment Facility, Sewage Collection System and
Down and Under System,as those terms are defined in,and pursuant to the terms of,the Agreement.
B. As more specifically described at Section 5.3 of the Agreement, the parties
contemplated that City would solicit proposals,through its procurement process,for the construction
of certain capital projects, including a permanent physical expansion, addition or improvement to
the Treatment Facility, Sewage Collection System and/or Down and Under System.
C. Pursuant to Section 5.3 of the Agreement,the parties agreed that Filter shall assist the
City in the preparation of the specifications for and administration of the Capital Project, and that
Filter shall be further entitled to submit a proposal for the construction of such Capital Project.
D. The parties now wish to clarify the standards for Filter to administer the Capital Project
pursuant to the terms of this Amendment.
NOW THEREFORE, in consideration of the promises and covenants contained herein,the
above recitals, and other good and valuable consideration,of the promises and covenants contained
herein,the above recitals,and other good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
Section 1. Section 5.3, subparagraph(f)of the Agreement shall be amended by adding the
following sentence immediately following the last sentence therein, with all other provisions
remaining nnichanged and in full force and effect:
Should City accept Filter's proposal, Filter shall adhere to the
Capital Project Administration standards outlined in Schedule W
attached hereto and made a part hereof in the construction of the
Capital Project.
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Section 2. The Agreement shall be amended by adding a new Schedule W immediately
following Schedule V therein, which Schedule W shall read as follows:
SCHEDULE W
CAPITAL PROJECT ADMINISTRATION STANDARDS
Filter shall be responsible for and perform each of the following requirements related to all Capital
Projects authorized tinder Section 5.3(f) of this Agreement:
1. Regulatory Permitting:Prepare all necessary reports and studies and file all applications
for regulatory permitting.
2. Environmental:Prepare all necessary environmental documentation,assuring compliance
with all applicable federal, state and local laws and regulations, and submit and process such
environmental documentation through the City's Planning Department.
3. Construction Permitting: Apply to the City's Building Department for building permits
for all construction activities.
4. Records: Keep detailed records and progress reports for Capital Project and make them
available for City review.
5. As-builts Plans: Provide as-built plans to the City's Engineering Department upon
completion of all work and prepare Notices of Completion and Acceptance for City's execution and
recordation after its approval of the completed Capital Project.
6. Contractor/Subcontractor Licensing:Filter shall obtain the prior written consent for use
of all contractors for the performance of any portion of the Capital Project. All contractors
performing work hereunder shall possess such licenses,permits and approvals in good standing as
may be required by law for the performance of the services required concerning the Capital Project.
7. Contractor/Subcontractor Insurance: The insurance requirements of Article XI of this
Agreement shall apply to any work or services performed by Filter or its contractors concerning any
portion of the Capital Project.
Section 3. Except as modified herein, all provisions contained in the Agreement shall
remain u mnodified and in full force and effect.
AIR
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of
the date first written above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
APPROVED AS TO FORM:
City Attorney CONTRACTOR:
(Check One: individual, _partnership,
corporation)
(NOTARIZED) By:
Signature
Print Name and Title
(NOTARIZED) By:
Signature
Print Name and Title
Mailing Address:
(Corporations require two signatures; one f om each of the following: A. Chairman
of Board, president, any Vice President;AND B. Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, or Chief Financial Officer)
End of Signatures
It of Al
MINUTE ORDER NO. 6847
APPROVING AMENDMENT NO. 1
TO WASTEWATER TREATMENT
OPERATIONS & MAINTENANCE
AGREEMENT $4123 WITH US
FILTER OPERATING SYSTEMS,
INC. TO INCORPORATE SCHEDULE
"W", CAPITAL PROJECT
ADMINISTRATION.
------------------
I HEREBY CERTIFY that this Minute Order, approving Amendment No. 1 to
Wastewater Treatment Operations & Maintenance Agreement #4123 with US
Filter Operating Systems, Inc. to incorporate Schedule "W", Capital Project
Administration, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 16th day of May, 2001.
PATRICIA A. SANDERS
City Clerk