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HomeMy WebLinkAbout14974 ORD - 07/03/1979jkh:7-2-79;lst 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH McCAUGHAN, ETHERIDGE & WEBB FOR ENGINEERING SERVICES TO BE PROVIDED IN CONNECTION WITH THE EXPAN- SION OF IMPROVEMENTS TO THE 0. N. STEVENS WATER TREAT- MENT PLANT, ASUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $675,000 OUT OF THE UNAPPROPRIATED FUND BALANCE OF THE NO. 141 WATER FUND, ESTABLISHING AN APPROPRIATION OF $675,000 IN FUND NO. 141, ACTIVITY 5181, CODE 502, OF WHICH $660,000 IS FOR ENGINEERING SERVICES AND $15,000 IS FOR LABORATORY TESTING, SURVEY WORK AND OTHER RELATED EXPENSES, APPLICABLE TO PROJECT NO. 141-5181-502, 0. N. STEVENS PLANT EXPANSION; 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 authorized to execute a con- tract with McCaughan, Etheridge & Webb for engineering services to be provided in connection with the expansion of improvements to the 0. N. Stevens Water Treatment Plant, a substantial copy of which contract is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $675,000 out of the Unappropriated Fund Balance of the No. 141 Water Fund, establishing an appropriation of $675,000 in Fund No. 141, Activity 5181, Code 502, of which $660,000 is for engineering services and $15,000 is for laboratory testing, survey work and other related expenses, applicable to Project No. 141-5181-502, 0. N. Stevens Plant Expansion. SECTION 3. The necessity to authorize the aforesaid contract and to provide the sums necessary for the 0. N. Stevens Plant Expansion project so that construction may be commenced at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension 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, having requested the suspen- sion of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and MICROFILMED 14974 J after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 3 day of July, 1979. ATTEST: Alt Al. City Secretary AP2BOVED: DAY OF JULY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By 1 — '.mg• Assistant Cit,/� MAYS' HE CIOF CORPUS CHRISTI, TEXAS CONTRACT ENGINEERS' SERVICES THE STATE OF TEXAS X COUNTY OF NUECES X t. The City of Corpus Christi, hereinafter called "City", and McCaughan, Etheridge & Webb, hereinafter called "Engineer", whether one or more, agree as follows: 1. SERVICES TO BE PERFORMED. The Engineer hereby agrees to perform all engineering services necessary to properly develop and design plans and specifications for the following improvements to the City of Corpus Christi Water System. The project is generally known as the 0. N. Stevens Water Treatment Plant expansion and the scope of improvements are generally as follows. "Expansion of plant capacity to treat a minimum of 48 million gallons per, day with a 72 million gallon per day overload operating as a separate module. The improvements include raw water pumps, raw water main or mains, mixing and settling basins, filters, chemical storage, clear well storage, additional mains within the plant area, wash water return, sludge handling facilities, electrical power substation for second power source, production office building, laboratory facilities, maintenance shop and storage facilities and related work within the plant site to complete the project." 2. GENERAL SCOPE OF SERVICES TO BE PERFORMED. The services of the Engineer shall include but not be limited to the following: A. Preliminary Engineering Phase: This phase of the Engineering Services would include: (1) A detailed study of the present 0. N. Stevens Plant and its related facilities. (2) A study and review of the general scope of the various items of plant expansion. (3) Study of new methods of water treatment, including use of chemicals, filtration methods, etc. (4) Preparation of a Preliminary Engineering Report containing comments on the above studies; recommendations on any variations from the above scope, if found desirable; preliminary estimates of cost. It would also include preliminary sketches of the proposed overall plant expansion as well as sketches of various features of the proposed expansion and _ - - any =r=•s==a recommendations as to changes in present plant design. 4 n )C H. /9 -1- (5) Coordination of the project with the City staff and the City Water Department. (6) Furnish the City with 10 copies of the Preliminary Report with the ' Engineers specific recommendati n on the project. B. Design Phase: Upon review and approval of the preliminary Engineering Report by the City, the Engineer upon written authorization will proceed with the Design Phase. The Engineer, in close coordination with the Water Department will perform the following: (1) Make those field surveys necessary and pertinent to the physical design of the improvements. This does not include land or property line surveys which may be required for new pipe lines from the river to the plant site. (2) Perform the necessary calculations, studies, analyses, and engineering design for the project. (3) Prepare detailed contract drawings, specifications, and cost estimates. Cost estimates will be based on the best information available, but are not intended as a guarantee of the cost. (4) Assist in securing required approvals and permits from various regulatory bodies, including the Texas Department of Health and the Texas Department of Water Resources. (5) Furnish up to five (5) sets of pre-final plans and specifications to the City and/or regulatory bodies for review and approval. (6) Furnish to the City ten (10) sets of plans and twenty-five (25) sets of specifications including bid proposal forms, complete and ready for receiving bids on the planned work. Additional sets of plans and specifications, if required, will be furnished at cost plus 20% for handling. (7) Assist the City in the advertisement of the project_ (8) Provide assistance in the tabulation of bids, and check bids received, and then make a recommendation as to the award of the construction contract, or contracts.. (9) Assist the City in the engineering aspects of the preparation of the formal contract documents. C. Contract Administration Phase: During the construction of the project the Engineer shall provide fhe following services: (1) Act as the City's representative in the administration of the contract, including correspondence and conferences with the City and the Contractor. (2) Make periodic visits to the project to determine the apparent conformance of the work to the plans and specifications. This service is not intended as a guarantee of the Contractor's work, nor does it include continuous detailed inspection services of a Resident Project Inspector. (3) Consult with and advise the City on various matters during construction. (4) Prepare any Change Orders to the Contractor as may become necessary and as approved by the City. (5) Review shop and working drawings, as submitted by the Contractor, for compliance with the design and specifications. (6) Prepare, or review, monthly and final estimates for payments to the Contractor. (7) Assist in the performance of the tests of equipment and in the initial operation. (8) Make final inspection of the project in company with a representative of the City and make recommendations to the City for final acceptance. (9) Make necessary revisions to the drawings and furnish the City with "As—Built" tracings. (10) Provide all other services necessary for the prosecution of the work, exclusive of resident inspection, laboratory testing, and staking services but not limited to the items•listed above. D. Resident Inspection Phase: This phase of work is to be performed only if specifically authorized by the City after award of the Construction Contract. If awarded this phase of the work, Engineer will perform the following during the construction period: (1) Set control stakes for line and elevation for various units of • the project to the extent that such stakes, or controls, are not a part of the Contractor's duty under the construction contract. (2) During execution of those phases of the Contractor's work for which continuous inspection is appropriate, furnish full time inspection for the project. 3. TIME AND ORDER OF ENGINEERS SERVICES. Work on the Preliminary Phase shall commence as soon as authorized by the City. The preliminary phase would be completed in not more than (3) months. Upon approval of the preliminary phase and authorization by the City to proceed work shall commence on the Design Phase. Work on the Design Phase shall be completed in not more than 12 months. 4. COST OF THE PROJECT - PRELIMINARY ESTIMATE. The City estimates that the project will cost approximately $11,000,000 inclusive of engineering and legal expenses. .5. COST OF THE PROJECT - FINAL BIDS. The Engineer shall endeavor to design the project so that its total cost will not exceed the budget indicated after the approval of the preliminary phase. If at the time bids are received no bid is received within this limitation in amount, the City may require the Engineer to make such revisions in the plans and specifications as may be necessary to reduce the total cost of the construction to the budgeted amount. This shall not be construed to require the Engineer to make any such revisions if his plans and specifications would comply with the provision of this paragraph except for increases in the costs of labor or materials during the period elapsing between the completion of preliminary plans and the opening of bids. 6. ENGINEERING FEES FOR PHASES A, B, AND C. The Basic Engineering Fee for performing the services in Phase A (Preliminary Engineering), Phase B (Design) and Phase C (Contract Administration), for each construction contract would be based on the "Percentage of Construction Cost Method" as contained in .the ASCE Manual of Practice No. 45, dated 1975, and using Curve A which is designed to include water treatment plants. The fee based on the City's estimate of the project and the ASCE Manual of Practice is 6% of the construction cost. The City agrees to pay the Engineer a fee of six percent (6.0%) of the contract price for the construction on the project; which shall constitute complete compensation for all services which he agrees to perform in this contract under phases A, B & C. "Construction Cost" is defined as the total cost to the City for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding fees or other cost for engineering and legal service, the cost of land, rights-of-way, legal and administrative expenses; but including the direct cost to the City of all eoristruction contract items of construction, including labor, materals and equipment, required for the completed work (including extras by Change Order except as indicated below) and the total value at site of the project of all labor, materials and equipment purchased or furnished directly by the City for the project. The Engineer will not be paid a fee for any increases in the construction cost resulting from Change Order necessary because of negligence of the Engineer. The fee shall be payable as follows: A. For work performed under Phase A, (Preliminary Engineering) the fee will be fifteen percent (15%) of the Basic Fee as calculated on the preliminary estimates of cost of work authorized for design. The Phase A fee will be payable upon submission and approval of the Preliminary Engineering Report. B. For work performed under Phase B (Design) the fee will be sixty five percent (657.) of the total Basic Fee. This portion of the Basic Fee to be payable as the work progresses not to exceed $15,000 per month up to 90% of 65% of the total Basic Fee. The last 10% to be paid at the time of receiving bids for the work and based on the actual amount of the construction cost as authorized. With the submission of the Engineer's monthly invoice the Engineer must submit to the City progress reports indicating amount'of work performed during the month. C. For work performed under Phase C (Contract Administration) the fee will be twenty percent (20%) of the total Basic Fee and payable in monthly installments as the work progresses based on the percentage of construction as reflected by the Contractors monthly estimates. Upon completion of the construction contract, or contracts, the Basic Fee and previous payments thereon will be adjusted to the final actual construction cost. 7. Resident Inspection. Should the City authorize the Engineer to perform the Resident Inspection during construction of the project the fee for this service will be based on direct salary and transportation costs times a factor of 2.2. 8. Fees for Other Services. It is understood that the following services • are not included in the Basic Engineering Fee. Should the City desire to have the services performed, the Engineer shall make arrangements for them to be done by others and charged directly to the City, or the City may elect to make arrangements for the services. 1. Laboratory or field testing of materials and equipment. —5— 2. Test borings and other subsurface exploration and related laboratory work. 3. Property, boundary or right-of-way surveys. 9. It is understood that this project is to be financed with local funds and this agreement is based on this understanding. If Federal Funds are to be involved at a later date the estimated time for completion of the project agreed herewith must be extended by mutual agreement of both parties. In addition, the Engineering fees must be adjusted by mutual agreement to compensate for the additional time and paperwork involved in Federally funded projects. 10. TERMINATION OF CONTRACT. The City may at any time, with or without cause, terminate this contract. In this event the Engineer shall be compensated for his service on all stages authorized as follows: A. If termination occurs prior to the final completion and approval of the drawings and specifications, the Engineer shall be paid a reasonable compensation for the services actually rendered by him in accordance with the above schedule of fees and in proportion to the amount of work done on such stage or phase of stages as have been authorized. B. The foregoing shall not be construed to require the City to compensate the Engineer for any services not performed in a proper professional manner suitable for use in the construction of the project contemplated by the parties to this agreement. 11. ASSIGNABILITY. 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 the routine duties delegated to personnel of the Engineer's staff. If the Engineer is a partnership, in\the event of the termination of the partnership, this contract shall inure to the individual benefit 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. EXECUTED IN DUPLICATE, each of which shall be considered an original, ' this the day of , 1979. ATTEST: THE CITY OF CORPUS CHRI TI By ' . Cit} Secretary APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By: , 1979 end, City Manager MCCAUGHAN, ETHERIDGE & WEBB Director of Finance By ATTEST: Secretary CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 29, 1979 I certify to the City Council that $ 675,000 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 141 Water Fund Project No. Unappropriated Fund Balance Project Name 5181-502 0. N. Stevens Water Treatment Plant Expansion from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Director of Fina"ce 5/3//79 HN2 % i7o, .<3a. 1/ FIN 2-55 Revised 7/31/69 7 Corpus Christi, ,y xas .3 day of . TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1929 For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MA de( /' A /sm., 1R THE CI' IF CORPUS CHRISTI, TEXAS The Charter rule was suspendej by the following vote: Luther Jones • Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 1497 by the following vote: