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HomeMy WebLinkAbout11424 ORD - 04/04/1973JRR:j1th:4 -3 -73; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MCCAUGHAN & ETHERIDGE FOR ENGINEERING SERVICES ON PROJECTS AS FOLLOWS: 1. Broadway Waste Treatment Plant Improvements, Project No. 250 -72 -1; 2. Allison Waste Treatment Plant Improvements, Project No. 250 -72 -9; 3. Calallen Area Interceptor Line, Project No. 250 -72 -5; and 4. Study of the McArdle and Oso Sanitary Sewer Sewer Trunk Lines, Project No. 250 -72 -3, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, 11ARKED EXHIBIT "A "; AND APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $133,250 FOR THE AFORESAID SERVICES, OF WHICH $50,000 IS APPLI- C-ABLE TO PROJECT NO. 250 -72 -1, $6,500 IS APPLICABLE TO PROJECT NO. 250 -72 -9, $46,750 IS APPLICABLE TO PROJECT NO. 250 -72 -5, AND $30,000 IS APPLICABLE TO PROJECT NO. 250- •72 -3; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with McCaughan & Etheridge for engineer- ing services on the following itemized projects: 1. Broadway Waste Treatment Plant Improvements, Project No. 250 -72 -1; 2. Allison Waste Treatment Plant Improvements, Project No. 250 -72 -9; 3. Calallen Area Interceptor Line, Project No. 250 -72 -5; 4. Study of the McArdle and Oso Sanitary Sewer Trunk Lines, Project No. 250 -72 -3, all as is more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. There is hereby appropriated out of No. 250 Sanitary Sewer. Bond Fund the sum of $133,250 for the aforesaid projects, of which $50,000 is applicable to Project No. 250 -72 -1, $6,500 is appli- cable to Project No. 250 -72 -9, $46,750 is applicable to Project No. 250 -72 -5, and $30,000 is applicable to Project No. 250 -72 -3. SECTION 3. The necessity to immediately authorize the execu- tion of the aforesaid contract and the appropriation of the necessary sums in order that the projects ray proceed without delay creates a 11424 Public emergency and an imperative public necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordi- nance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 4—r-L day o 1973. ATTEST: o a !PPRO ty Secreta �YOR THE CITY 0 CO C ISTI, TEXAS D: DAY OF APRIL, 1973: ity Attorney a CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and McCaughan & Etheridge, hereinafter called "Engineers ", whether one or more, agree as follows: SECTION A. Project Description For and in consideration of the agreement of the City, to make the pay- ments hereinafter agreed to be made by the City, the Engineers agree to render professional engineering services on the Project as hereinafter described. The Project to be comprised of several Items as follows: ITEM I Item I -A. Alterations and /or modifications to the Broadwa Waste Treatment Plant, as required to provide better removal of solids and improve the quality of effluent and reduce the odors including tertiary treatment steps if necessary, and such other improvements or modifications to the plant as may be authorized by the City. Item I -B. Alterations and or modifications to the Allison Waste Treatment Plant, including additional sludge drying beds and other improvements as may be found necessary to improve the quality of effluent to an acceptable level and provide sludge disposal fac_.- lities adequate for present, and future requirements, and such additionaa improvcmcnt n or modifications to the plant as may bo authorized by the City. Item I -C. F_toro: -tor of Lj"r•!ontn *_ rt:.•r:: to U!,. fallen Ai •n, inclitdin.; a sewer al,on", Up N i.vcr R'("l I•rom IN-t t Roa I to Shr rpr,.UurF; P,o:..d ] rc accortl•iacr U;L11 6110 Idrert.c•r -'!W11 ,:u•,y ^oa:rr RI :u:, i�it.h maor:;,inna •-:I - G y i/ r� v • • of interceptor sewers to the Country Estates and Hearn Road area and to other parts of the Calallen area, with lift stations as required, and such other extensions as may be authorized by the City. The blaster Plan for this area will be reviewed in light of current conditions and projections, and changes will be recommended if appropriate. ITEM II A Study of the MCArdle Trunk and Oso Trunk Sewers, with Revision of Master Plan to determine the most effective corrective action for problems created by the deteriorated condition of the concrete pipe, with a Report and Recommendations, and a study of that portion of the Master Sanitary Sewer Plan (December 1963) between. Chapman Ranch Road and Oso Bay and areas now served by the McArdle and Oso Trunk Sewers, to determine what changes, if any, should be made in their function or design or in other parts of the sewer system in this area, due to changed conditions since the Master Sanitary Sewer Plan was made. SECTION R. Scope of Services - Item I The Fngincering Services for Items I -A, I -B and I -C will include the following scope of basic services: A). IH THE PRELIMIIQARY PHASE 1. ConferencQs with the proper City representatives regarding the various p0rt5ons of the proposed project as may be authorized by the City. P. Studies and preliminary field investif;ati.ons of the various portions of the project and the prehsrn 'ion of 111•el:imi.nary enl;lneering report.. -2- for each separate portion, or a combined engineering report covering all three portions, as desired by the City. The Preliminary report, or reports, will be in sufficient detail to indicate clearly the problems involved and the alternate solutions available, will include preliminary cost estimates, and recommendations, and will be in suf- ficient detail to be used with applications to Federal and State Agencies, and also for the City to fix the extent of each separate Item. 3. Preparation of the engineering data and information required for Federal grants, including environmental statements. This does not include the legal, financial or administrative portions of the applications, or special studies of a sociological nature. j. y 4. Furnish the City with 10 copies of each Preliminary Report. (B). IN THE DESIGN PHASE (FOR Y ?URIC AS AUTHORIZED BY THE CITY) 1. Make field surveys as necessary for design and easement description but not including certified land surveys. 2. Establish the scope of, and make recommendations for, any soil and foundation investigations or any special surveys or special testing, including wastev ater tests for treatment plant alterations, which may be required for the proper design'of the Project; and arrange with the City for the work to be done in the City's laboratories, or by commcrciai laboratories directly for the City's account, or as othenrise agreed. 3. Prepare descrinti.ons of easements to be acquired. 4. Furnish engineerin; data necessary for permits required by local, State and federal authorities. 5. Prepare detailed contract plans, epccificatiorig, and proposal fonts for construction, s:iLh :a11 necessary ;;cts of plans rcgwrrd for row-low a,:(l ahprov :d n 111) to time of MILIlori.;•:LLJoil to receive bi.d::, and tweuLy -fiv-• {;'S) nets o.0 npeelf'LeaLLou:, luld cont.raeL dncum,mLs, for each counLruoLiou -3- contract furnished to the City. (Additional copies will be furnished as required at a reasonable cost for reproduction and assembly.) 6. Prepare detailed cost estimates of authorized construction for each separate construction contract. The Engineer will not be required to guarantee that the bids will be within these estimates. 7. Assist the City in securing bids. 8. Analyze bids and make recomumendations concerning awards. 9. Assist City in the award of Contracts, and prepare final Contract documents. 10. 'Prepare necessary forms for State and /or Federal assistance. (C) I1P THE CONSTRUCTION PHASE 1. Check shop and working drawings furnished by Contractor. 2. Review laboratory, mill, and shop tests. Testing costs are not included in the Basic Services. 3. Consult with City and advise during construction. 4. [-Take periodic visits to the site of the project to observe the progress and quality of work and to determine in general if the work is being done in accordance with the Contract Documents. (This is to be His - tinguished from detailed inspection as performed by a resident engineer or inspector.) 5. Fxepare monthly and final estimates for payments to the contractors, quid submit to City for approval. , 6. Prepare any change orders that may be found necessary during progress of the work. 7. Review operation ecuntal:, furnished by Contractor. S. t•Ia:e final iu::lrcL:ion wia.h one or 11101•0 rrprr:; utat.ivcs Of the City. 9. Nevino the cons. Lruction drawingn a:: nrro:: ::ary, Lo ::how tite project as Lui1L. (D) AFTER ACCEPTANCE OF CONSTRUCTION 1. For a reasonable period of time, not to exceed one year, consult with the City regarding defects of materials or construction, and operational (process and mechanical) problems encountered on the Project. SECTION C. Scope of Services - Item TI The services to be performed under Item II will be as follows: Make a study of the detailed plans and areas served by the McArdle and Oso Trunk, sewers and prepare detailed report of the study to set out clearly the problems involved and various alternate solutions to remedy the problems. The report shall also include preliminary estimates of costs of the most advantageous solutions and recommendations as to the best method of correction of the failing condition of these concrete sewers. It shall also include a study of the blaster Sanitary Sewer Plan between Chapman Ranch Road and Oso Bay and the area served by the McArdle and Oso Trunk sewers. The study ifill be designed to determine what changes should be made to the proposed or existing sewer systems in these areas, particularly the McArdle and Oso Trunk Sewers, because of conditions of existing sewers, existing and probable growth patterns, and other factors which may be found that would suggest changes which would be beneficial to the City in the proper development of the area. This study would be coordinated with the City and with other studies to be made in the area by other Engineers under contract with the City. A complete report of the study would then be m_1dc covering the studies made, tlternate solution::, ruco ^rluulations m1a preliminary cost estimates. A tot a]. of' t onty -five (:15) copies of the Report to he furnished to the City. -5- 0 SECTION D. Authorization of Services No professional services on any Item or part thereof under this agreement shall be undertaken by the Engineer until written authorization is received from the City for the specific Items to be performed. SECTIOI E. Additional Services Not Included in Basic Services If authorized by the City, Additional Services not included in Basic Services will be provided by the Engineer. These might include, but are not limited to, full -time resident inspection of construction, detailed field staking for con- struction, testimony as expert witness in litigation, and significant revisions Of plans or specifications made at City's option after previous preliminary approval. SECTION F. Coordination orith the City The Engineer shall hold periodic conferences with the City, or its designated representatives, to the end that he shall have full benefit of the City's exper- ience and knowledge of existing needs and facilities and its current policies and construction standards. To implement this coordination the City shall make avail- able to the Engineer, for planning use, all existing plans, maps, statistics, analysis, computations mud other data relative to the existing facilities and to the various Items in the Project. The Engineer will cooperate with the City's other consultants, where mutual coordination of planning activities are required for interrelated problems. SECTIO' :(:. Pilot Plant Studies and Telc.vi ^ion Surve s Sleould it be detcnAncd and 4grced that pilot plant studies are desirable in order to arrive at the most effective process alterations required at either wants trp;daarui: }plant, the ncce::::ary facilities w.LI-'L be donignod by the Eng inecr, and the cost of construction ,rill be borne by the City after approval of costs, and the City Will cooperate in the installation and operation thereof. Should it be determined and agreed that television surveys of existing sewers are desirable in the course of studies on Item II, the Engineer will make recommendations as to the scope thereof and assist in interpretation of findings, and the cost of the survey w:1.11 be borne directly by the City. SECTION H. Compensation For and in consideration of the services to be performed by the Engineers the City shall make compensation as follows: Items I -A, I -B I -C: The Basic Fee for performing the Basic Engineering Services as described in Section B of this agreement for Items I -A, I -B and I -C will be based on a percentage of the cost of each individual construction contract as may be authorized by the City. The amount of the percentage for each Item is to be based on the amount of the cost of each individual construction contract in accordance with the following schedule: Cost of Isach Sep:L.ate Construction Contract Basic Fee in Perccnt< ^ge of Construction Cost "ce Note 1 Items I -A and d I -B Item I -C (See Note 2) Less thwi $50,000 10.0;; plus $2,500 8.5 %, plus $2,500 Class B Class A Work Work $50,000 15•0�° $. 100,000 - 12_.0:, 13.5°x, .` 1 3 .2•,' 10. 5y� ,�200,0;10 0.v0 11. S;J 10.0;, 9.3;5 10. 8;, till , JJC7 , U.�J 9.0:" 7.9; � 9.4eJ (, r;: 1 7, l •5;', 5.55 7.aJ/ f ?t�ta 1: Pot. co::l: I'al1.ir ; b •L.ttrt•n :uaonni. :: t;;,:m• 1'cc percrn'ts,�,,• shall be ttli•r;ataa;.oil, r,iuiul,•il. t,e Lhr twit hillun cuu- ttul.h of one Itcrcen'b. TI ti..1 ;': Llt:tlt t ] t.r:tt 1 -•c', C:I;:.:c: 13 r.ctrh ;:: Lh;ti, lntt•L ion or mic co:a i'or scwrx "ll iut ht :. in .l i::r•L,•r ;uul l:u; :r r; ;el 1. ul,l rr 1100_. a 1:: cl,W,; A. The Basic Engineering Fee for Items I -A, I -B, and I -C shall be due and payable as follows: P--elimi.nary- Phase: For services rendered under each of the three Items in the Preliminary Phase as described above an amount equal to Twenty Five Percent (25%) of the Basic Engineering Fee Fri.11 be due and payable. Until receipt of contract bids for each construction contract, the Basic Engineering Fee shall be based on the Engineer's estimates of costs. The Engineer may request Interim Payments monthly, based on his estimate of the percentage of completion, the aggregate of which shall not exceed two- thirds of the estimated total fee for this Phase of each Item. Design Phase: For services rendered for each Item under the design phase, as described above, an amount equal to Sixty Percent (6%) of the Basic Engineering Fee for work ali- thorized by the City shall be due and payable upon receipt of bids. The Engineer may request Interim Payments monthly, based on his estimate of the percentage of completion, the aggregate of which shall not exceed two- thirds of the estimated total fee for this Phase for each Item. In the event that proposals for construction on the various Items are received within 90 days after submission of the complete contract plans and specifications to the City, then the fee for services rendered for the Preliminary and Design phases of this portion of the work shall be adjusted to the actual "construction cost" as reflected by the lo:est bona fide bid. Where no proposals are received within a period of 90 clay:;, then the E:r.L�inecr's esti:IL�l.tcs shall be the 1>a .is for payment i'or scruices rendered tmdc.r the Nrelirrinar y and Design Qc�n:. {.rrct.'.io!t 1Irwo: h'car scrviccc roudorcd tnuler the cnn: Lrueticcrr phaue, n.^ duscri.lrod abovo, wr aua,tmF. oi' I••irb'on 1'erro111. (1!;;',) ii J.' t1w 1; ::;;lc 1;u {•inec :Tint; lee for {.hone pmrt.l.o1w of tbc• �mr.6; e•OVc•rrcl by th.• crnn::Lrtutt. inn Coll 1,r k-Lr; ❑h%11 . br.' duo ruuul. pay;tblc b :1041 on monthly estimates of work � performed by the Contractor. Final. Fee Adjustment: Upon final acceptance of construction work under any contract, the Basic Fee shall be readjusted in accordance with the Schedule above, based on actual' final total Construction Cost. The Engineer shall be compensated equitably for any portion of the project for which he has performed services, but which was not constructed. After Acceptance of Construction: For the services described in Section B, Subsection D, no fee will be charged. Upon agreement, any extended services beyond the scope of Section B, Subsection D will be compensated as Additional Services. Additional Services: Should the City elect for the Engineer to provide the services of an Inspector for continuous on -site inspection and /or Field Staking for Construction, or other Additional Services not provided for or contemplated under Basic Services, such services will be provided at salary cost tines a factor of 2.1, plus reim- bursement for non -labor expenses and special services expense at invoice cost plus 20; and transportation at 13¢ per mile. Salary cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, inspectors, clerks, laborers, etc., for time directly char .-cable to the project, plus social security contributions, unemployment, excise and payroll tries, employment compensation insurance, sick leave, vacation, and holiday pay applicable thereto. For Principals, a charge of $20.00 per hour will be rade. Item IT: The Enrtinecring lee, or 1•'oes, for services to be rendered in the performance of Itc:!1 11 will lie on a lump sum Da::i s pay;±blo 1,11 monthly installments as set out be 1.OW: For Item II , a lump sum fee of 'Thirty Thousand Dollars ($30,000) payable in monthly installments of $2,500 for the first six months after work is commenced, until 50% of the total lump sum fee is paid, then the balance of the lump sum fee will be due and payable upon completion and submission of the Report. Should the City decide to seek governmental aid in financing this study, an additional fee of $2,000 will be payable for the Engineer's services required in connection there-orith. SECTION I. Termination of Contract Either party to the Contract may terminate the Contract by giving to the other thirty days notice in writing. Upon delivery of such notice by the City to the Engineer, and upon expiration of the thirty -day period, the Engineer shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Contract. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Contract to the date of termination. The 0%nier shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this Contract bear to the total services called for under this Contract, less such payments on account of the clinxros as havo been previously made. Copies of all completed or partially completed deli. „n::, plamis and specifications prepared water this Contract shall be delivered Lo i,hc Owner why n will ii' il; io termbiatod. -ln- 0 SECTION J. Ownership of Documents. Upon completion of the project (or upon termination of this contract, if previously terminated) the Engineer shall furnish to the City "as built" plans, reproduced on linen or plastic drafting film from the original drawings. SECTION K. Assignabilitv The Engineer shall not assign, transfer or delegate any of his obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel on the Engineer's staff or to outside professional associates (and their employees) working under the Engineer's directidn. If the Engineer is a partnership, in the event of the termination of the partnership, this contract shall inure to the individual bene- fit of such partner or partners as the City may designate. No part of the Engineer's fee may be assigned in advance of receipt by the Engineer without written consent of the City. SECTION L. Technical Assistance and Consultations The City shall not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation has been approved in writing by the City. SECTION M. Time of Completion It is mutually agreed that the time required for completion is indeterminate until such time as preliminary studies have progressed and the scope of each Item has been fixed in more detail, and that a reasonable time will be required for staffing and. work schedule rearranuonicnts after authorisation to proceed on any Item. 111e Di"."ineer luldert,alzes to provide each service on a rca::onablc and timely basis, ,uid to Lccp the City ful]. inform .d of' pro,,ress on each ltem. -•11- EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1973• ATTEST THE CITY OF CORPUS CHRISTI BY City Secretary R. Marvin Townsend, City Manager APPROVED AS TO IEGAL FORM THIS MCCAUGHAN & ETHERIDGE DAY OF 1973 BY Partner City Attorney Director of Finance r17�'