HomeMy WebLinkAbout17911 ORD - 11/02/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN
ENGINEERING FOR STEP 3 CONSTRUCTION SERVICES TO BE PERFORMED
AT THE ALLISON WASTEWATER TREATMENT PLANT; APPROPRIATING
$268,647; 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 an
agreement with Urban Engineering for Step 3 construction services to be
performed at the Allison Wastewater Treatment Plant, EPA Project No.
C-48-1457-03, all as more fully set forth in the agreement, a copy of which
is attached hereto and made a part hereof marked Exhibit A.
SECTION 2. That there is hereby appropriated $268,647 from the
No. 250 Sanitary Sewer Bond Fund applicable to Project No. 250-82-1, Allison
Plant Expansion.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
take immediate action to preserve and protect public property by expediting
the construction of public improvements, such finding of an emergency is made
and declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shall take effect upon first reading as an emergency
measure this the 2nd day of November, 1983.
ATTEST:
APPROVE DAY OF NOVEMBER, 1983
5r6ruce Aycock, ity ttorney
//
/,,
MAYOR" 'OF
THE CI Y OF CORPUS CHRISTI, TEXAS
i
17911
SEP 2 S 1984
MICROFILMED
ENGINEERING CONTRACT
ALLISON WASTEWATER TREATMENT PLANT
STEP 3 CONSTRUCTION
THE STATE OF TEXAS X
COUNTY OF NUECES
The City of Corpus Christi, hereinafter called "City" and Urban
Engineering, hereinafter called "Engineer", whether one or more, agree to the
following terms and conditions regarding the expansion of the Allison Wastewater
Treatment Plant, designated by the Environmental Protection Agency as Project No.
C-48-1457-03.
WHEREAS, the City intends to expand the Allison Wastewater Treatment
Plant consisting of construction of a new grit removal unit, new aeration and
digester units, new circular clarifier, new chlorine contact chamber, new sludge
dewater building with two new filter belt presses, new blower building with four
new blowers, new chlorination equipment and storage facilities, addition of two new
mechanical bar screens and modification to existing plant lift station, modifications
and renovation to existing aeration and digester treatment units, conversion of
existing clarifiers to a pre -thickener and post -thickener, modifications and reno-
vation to existing office/laboratory building, paving and grading improvements, new
chain-link fencing, yard piping, and miscellaneous related items of work required
to complete the project, and,
WHEREAS, the City has retained Urban Engineering for planning and design
of the improvements to the Allison Wastewater Treatment Plant and is satisfied with
their performance as consulting engineers and desires to retain the services of
this firm for supervision and administration of construction, and,
WHEREAS, the City anticipates Federal grant assistance from the Environ-
mental Protection Agency under the provisions of Public Law 97-117, December 29,
1981, and,
WHEREAS, the City and the Engineer have acquainted themselves with all
applicable Federal regulations, and the Engineer has presented cost data to the
City and has identified personnel and facilities required, special technical services
required, extent of subcontracting contemplated and estimated costs for performing
the "Step 3" services, and after discussion and negotiation, the City and the
Engineers have agreed on the scope of services to be performed and a fair and
reasonable fee therefor, and have agreed to enter into this Engineering Contract
for Step 3 Services.
Fxh. "A'
NOW, THEREFORE, the City and the Engineer agree as follows:
SECTION A - GENERAL PROVISIONS OF AGREEMENT
An appendix is hereby added to this contract which is identified as
EPA Regulation 40 CFR Part 33, Section 33.1030 and is made a part of this contract.
SECTION B - SERVICES TO BE PERFORMED
1. Basic Services (Contract Administration):
a. Assist the City in the bidding and award of the construction
contracts.
b. Provide to the City not to exceed twenty (20) copies each of
the plans and specification prepared under Step 2.
c. Check shop and working drawings and equipment submittals fur-
nished by the contractor.
d. Review field, laboratory, mill, and shop tests. Testing costs
are not included.
e. Provide interpretations and clarifications of the plans and
specifications for the contractor and authorize minor changes
which do not affect the contractor's price and are not contrary
to the general intent of the contract.
f. Consult with City and advise during construction, and confer
with representatives of State and Federal authorities as needed.
g. Make periodic visits to the site of the project to confer with
the inspectors and contractor and to observe the general 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 distinguished from detailed inspection as performed by a
resident engineer or inspector.)
h. Establish basic survey controls for line and elevation staking.
(This is to be distinguished from the detailed setting of lines
and grades for specific structures or facilities.)
i. Review monthly and final estimates for payments to the contractor,
and submit to City for approval.
j. Prepare any change orders that may be found necessary during
progress of the work.
k. Make final inspection with representatives of the City, State,
and E.P.A.
1. Revise the construction drawings, on the basis of known devia-
tions, change orders, and changes reported by the inspector
in his reports.
m. Travel in Corpus Christi and its environs and to State and
Federal offices within the State of Texas, as necessary for
accomplishment of the engineering services on the project.
2. Resident/Inspection:
a. Provide detailed surveying, staking and checking of lines and
elevations of structures, piping, and other improvements.
b. Provide resident inspection personnel and services for all
phases of inspection at substantially all times the contractor
is actively working on the project, providing detailed daily
reports of construction activity, and marking up project plan
prints with as-built changes and notes.
c. Supervise and direct the work of field staking and inspection.
d. Normal day-to-day detailed coordination with the treatment
plant staff, and with the testing laboratory, as needed.
e. Testing services are not included. It is contemplated that the
City will engage and pay directly a commercial testing laboratory,
for such tests as are not the responsibility of the construction
contractor.
3. Operation and Maintenance ("O&M") Manual:
a. Review materials submitted by the contractor for inclusion in
the O&M Manual.
b. Prepare maintenance and operation instructions for the facility.
c. The Manual shall meet E.P.A. requirements in effect as of the
date of this contract and will include the following:
1. Information on items such as design and peak flows, pump
capacities, sedimentation basin detention times, surface and
weir loadings, food to microorganism loadings, oxygen transfer
requirements, and other process design assumptions;
2. Startup procedures for each unit of operation;
3. Unit process information and control measures and monitoring
procedures for efficient operation;
4. Maintenance management system including procedures such as
lubrication, oil and filter changes, and other preventative
and routine maintenance procedures as well as a spare parts
inventory.
5. Laboratory tests necessary for control of the treatment
works and the specific reports to be sent to the regulatory
agencies;
6. Safety procedures for operating equipment with particular
emphasis on potentially hazardous areas such as wet and dry
wells, chlorination facilities and anaerobic digestors;
7. Trouble shooting procedures including solving problems which
frequently occur in treatment plants and are related either
to unit processes or the operation of specific pieces of
equipment;
8. Emergency operating plan including emergencies (power outage,
chlorine leak, excessive storm flows) and procedures to be
followed until normal operations can be resumed.
d. Each Manual shall be assembled in one or more appropriately
bound volumes, in six (6) complete sets, one of which is to be
retained by the Engineer.
4. Final Plan of Operation:
The Engineer will prepare a Final Plan of Operation to be submitted
prior to a request for 5O/, payment of the grant amount. The plan
will identify specific actions and related completion dates to assure
that the facility and all associated personnel are properly prepared
for start-up and continued operation. The following areas should
be addressed in the scope of the plan.
A. Staffing and Training - The plan should insure that supervisory,
operations, maintenance, laboratory support and administration
personnel are hired and trained in a timely manner. Sources of
training should be identified whenever possible. The Chief
Operator should be on site by 50Z completion of construction.
B. Records, Reports and Laboratory Control - An adequate laboratory,
recording, and reporting system will be established, including
the development of any special forms needed for reporting or
process control requirements. Any special training needs related
to a laboratory control program should be specified.
C. Process Control and Start-up Procedures - The plan should iden-
tify necessary actions related to start-up, such as wet and dry
testing of equipment, instrument calibration, and a review of
process control procedures during the start-up period.
D. Safety - Effective employee safety programs will be developed
and appropriate training conducted in advance of start-up.
Existing and projected State and local safety requirements are
to be complied with. All hazardous conditions will be appraised
and appropriately considered in the inplant safety and health
plan and the training program will be responsive to identified
needs and guidance.
E. Maintenance Management - A schedule for developing and imple-
menting a maintenance management system will be included. This
should consider the need for training to operate the system
and/or to deal with complex equipment maintenance problems.
Additional considerations include personnel training, supplies
of chemicals used in the treatment process or process control,
laboratory supplies, the provision of necessary maintenance
tools and spare parts inventory.
F. Operation and Maintenance Manual - The Plan of Operation will
include sufficient lead-time for the submission and review of
the plant 0&M Manual so as to ensure that the manual is approved
by the State Water Pollution Control Agency at least 30 days
prior to plant start-up. The Plan of Operation will also
identify future date(s) for updating the manual in order to
ensure that the most effective operational guidance is provided
based upon actual operating experience.
G. Operations Budget - Any planning process must consider budgetary
constraints on implementation and provide for a process for
adequate budget controls.
H. Other Elements -
Other elements will be addressed as necessary to assure timely
implementation of actions related to continued efficient and
reliable operation of the facility. Actions and timing related
to the development and implementation of sewer use ordinances,
pretreatment ordinances, or other local rules or regulations
should also be identified. Establishment of procedures for
preparing an annual O&M report should be considered for staffing,
training, budget planning, maintenance, and future construction
planning purposes.
5. Project Performance:
To assure that the plant is capable of meeting the project perfor-
mance standards, the Engineer shall provide certain services as
outlined below during the first year after the improvements are
completed and accepted by the City.
A. Advise the City on the operation of the project and revise the
Operation & Maintenance Manual for the project as necessary.
B. Train or provide for training of operating personnel and prepare
curricula and training material for operating personnel.
C. Advise the City whether the project is capable of meeting the
project performance standards.
In addition to these general services, the Engineer will evaluate actual
operation and maintenance expense of the project and recommend adjustment,
if required, of the user charge ordinance at the end of the performance
period. The following specific duties will be performed by the Engineer
during the one-year project performance period.
A. Personnel Training - Onsite training will be provided by the
Engineer to the plant operation and maintenance personnel on
the operation and control of specific treatment processes. The
plant staff training will include familiarization of the per-
sonnel with the O&M Manual.
B. Process Control - The Engineer will provide operational assistance
for adjustment of the treatment processes and related equipment
functions to optimize performance, and reliability under actual
operating conditions. Required plant control lists, selection
of sampling points, and sampling schedules will be identified
by the Engineer for performance by the City.
C. Laboratory_Procedures - The Engineer will provide training and
instruction in laboratory procedures necessary to efficiently
operate the wastewater treatment plant. This requirement may he
omitted if the City has personnel proficient in laboratory pro-
cedures and chemistry or if the City contracts laboratory
analyses.
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D. Maintenance Management System - The Engineer will provide
training of the operation and maintenance staff in the details
of a maintenance management system to establish and maintain a
preventative maintenance program. An organized methodology for
identifying frequency of service required for preventative
maintenance and recording service/inspections actually performed
will be provided by the Engineer.
E. Records Management - The Engineer will provide the services
necessary to implement a records management system for process
control, effluent quality monitoring and self reporting, and
supply/inventory.
F. Revision of O&M Manual - The Engineer will revise the O&M Manual,
as required, based upon actual operating experience during the
project performance period.
G. Warranties - The Engineer will assist the City with follow-up
on warranty repairs required during the project performance
period.
H. Project Performance Capability Report - The Engineer will provide
a report to the City at the end of the performance period
which analyzes the project capability to meet performance
standards. At a minimum, the report will contain the following
information.
(1) An analysis of influent and effluent BOD5, TSS, pH, tempera-
ture, and other permitted parameters through the performance
period. This analysis will be based on approximately four
composite samples taken on random days.
(2) A record of daily wastewater flows and an evaluation of
recorded flows versus permitted flows.
(3) A record of all effluent quality analyses required to be
performed in accordance with permit requirements during the
performance period along with an evaluation of actual
effluent quality versus permitted effluent quality.
(4) A description of mechanical and/or structural problems
observed during the performance period and a brief status
summary of the resolution or pending action.
(5) A recommendation regarding any desirable staffing improvements
in terms of manpower and/or skills of the wastewater treatment
plant personnel.
(6) A recommendation to the grantee regarding the capability of
this project to meet its design and permit performance standards.
I. Collection System Rehabilitation
(1) The Engineer will monitor wastewater flows in a manner consistent
with the measurements and assumptions made in the SSES.
(2) The wastewater flows of the system or minisystems will be
compared to the estimated removal rates in the SSES.
(3) A determination regarding the effectiveness of the sewer
rehabilitation program will be made by the Engineer.
SECTION C - LIMITATIONS
The Engineer will to the best of his ability and in accordance with prudent
professional principles judge and certify to the City whether in his opinion
the Contractor has or has not complied with the terms of the construction
contract. The Engineer does not undertake to guarantee that the Contractor
will complete his work, that he will complete it within a certain time, or
that defects will not exist in his work and assumes no responsibility for the
job safety practices of the Contractor, whether or not same are referred to
in the construction specifications and contract documents. The Engineer does
not undertake to guarantee that the cost of construction of the project will
not exceed any certain amount, other than the Fees agreed to herein.
SECTION D - COXPENSATIOE
1. The fee will be based on the "Cost" plus "Fixed Fee" method with the fee
for the Step III work to be as follows:
COST FIXED FEE TOTAL
Contract Administration $ 86,993 $12,427 $ 99,420
Resident Inspection 108,217 16,313 124,530
0 & M Manual 7,863 1,387 9,250
Final Plan of Operation 2,380 420 2,800
Project Performance 27,750 4,897 32,647
$233,203 $35,444 $268,647
Payment for Step III Engineering fees shall not exceed $268,647 without
written approval from the City of Corpus Christi.
2. Payments -
a. After commencing the work, the Engineer may invoice the City
on a monthly basis for partial completion based on the actual
percentage of completion of the construction contract.
b. Partial payments shall not exceed 90% of the value of the work
actually completed, as estimated by the Engineer and approved
by the City.
c. Requests for payment shall be accompanied by personnel time
summaries, invoices, and other supportive documentation.
d. Statements as invoiced will be paid by the City within thirty
(30) days, unless invoices are questioned as to correctness.
e. Payments to the Engineer by the City are not to be construed
as partial release or acceptance of the overall performance
of the work called for under this contract.
f. Upon satisfactory completion of any Segment of the work by
the Engineer a maximum payment of 90% of the contract price
for that Segment will be paid by the City to the Engineer.
g. Final payment for Contract Administration, Resident Inspection,
0&M Manual, Final Plan of Operation & Project Performance will
be paid when the Engineer's work on these Segments is approved
by the E.P.A.
3. Delay of Construction -
It is agreed by the parties that the Fees set herein are based on
the Engineer's best estimate of his costs over a limited period
into the future. If the award of the construction contract is de-
layed to a time more than one year from the date of this Contract,
either party may require a renegotiation of the amount of the Fees.
The substance of the renegotiation shall include (a) increases or
decreases of cost data and (b) significant changes in regulatory
requirements by State or Federal authorities. This renegotiation
may also be requested by the Engineer as to the Basic Services
and Resident Inspection Services fee if, not due to his own fault,
the construction contractor exceeds his allowed working time by
more than twenty-five (25) percent.
SECTION E - MODIFICATION OF THE PROJECT WORK
1. All modifications of the project scope or scope of engineering
services shall be done in accordance with E.P.A. Contract Provisions
Required by Section 33.1030, 40 CFR Part 33 attached hereto.
2. All modifications shall be authorized in writing.
3. Such modifications shall take into consideration increased or
decreased cost of performance.
SECTION F - COOPERATIVE SERVICES
1. Where the Engineer requests temporary modifications of plant
operation procedure to assist in the construction requirements,
the City will cooperate to the fullest practical extent..
2. The City and the Engineer will provide prompt review and respon-
dence to requests and submissions made by each to the other.
3. In the completion and submission of forms, etc., to the State and
Federal authorities, the City and Engineer will each prepare
promptly those parts which are appropriate to each. The City
particularly assumes responsibility for legal, fiscal, and civil
rights submissions.
SECTION G - ATJTHORIZATION TO PROCEED
This Contract is subject to (a) approval by E.P.A. and (b) appropriation
of funds by the City for the Fees authorized for the project. The
City represents that it will issue to the Engineer an Authorization
to Proceed as soon as practical, but not before such conditions (a)
and (b) are satisfied.
SECTION H - TIME OF COMPLETION
The time for completion of the. Engineer's services is dependent on
the time of award of const-zuction contracts and the progress of the
contractors.
SECTION I - ACTS OF GOD, ETC.
Neither party shall hold the other responsible for damages or delay
in performance caused by acts of God, strikes, lockouts, accidents,
or other events beyond the control of the other or the other's
employees and agents.
SECTION J - ASSIGNABILITY
The Engineer shall not assign, transfer or delegate any of his obli-
gations or duties in this contract to any other person without the
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this the
prior written consent of the City, except for routine duties delegated
to personnel on the Engineer's staff or to outside sub -contractors
or to professional associates (and their employees) working under
the Engineer's direction. In the event of the termination of the
Engineer's 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.
SECTION K - NULL AND VOID CLAUSE
Should this Contract and/or the Step 3 Grant be not approved by
E.P.A.., this Contract shall be null and void.
SECTION L - EPA PROVISIONS
This Contract for Engineering Services is hereby made a part of
Contract Provisions required by EPA Federal Regulation 40 CFR Part 33,
Section 33.1030 which will take precedence.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
day of , 1983
ATTEST: THE CITY OF CORPUS CHRISTI
Bill G. Read, City Secretary Edward A. Martin, City Manager
APPROVED AS TO LEGAL FORM, this
day of , 1983
J. BRUCE AYCOCK, CITY ATTORNEY URBAN ENGINEERING
By
Assistant City Attorney
APPROVED:
James K. Lontos, P.E. Eugene C. Urban, P.E., Partner
Assistant City Manager
THE STATE OF TEXAS
COUNTY OF NUECES
x
This instrument was acknowledged before me on
1983 by EDWARD A. MARTIN, as City Manager for the City of Corpus Christi, Texas
Notary Public in and for the State of Texas
THE STATE OF TEXAS
COUNTY OF NUECES J(
This instrument was acknowledged before me on
1983 by EUGENE C. URBAN, Partner in the engineering firm of URBAN ENGINEERING.
Notary Public in and for the State of Texas
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• CITY OF CORPUS CERRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
October 26, 1983
I certify to the City Council that $ 268,647 , 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
Project No.
Project Name
No. 250 Sanitary Sewer Bond Fund
250-82-1
Allison Plant Expansion
• from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
1/- .Z , 19 ?..
Corpus Christi, Te
Ail day of
198
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYOR
Council Members
or
THE CI Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passed ;y the following vote:
Luther Jones
Betty N. Turner /_�
David Berlanga, Sr. 1 . _
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
17911