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HomeMy WebLinkAbout18807 ORD - 04/30/1985TEXAS: AN ORDINANCE ACCEPTING THE BROWN AND CALDWELL-FREESE AND NICHOLS INTERIM IMPROVEMENTS REPORT; AUTHORIZING THE EXECUTION OF A CONTRACT WITH NAISMITH ENGINEERS, INC. FOR FOR PRELIMINARY AND DESIGN ENGINEERING SERVICES RELATED TO RECOMMENDED INTERIM IMPROVEMENTS AT THE WESTSIDE WASTEWATER TREATMENT PLANT; APPROPRIATING $51,300; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the Brown and Caldwell -Freese and Nichols Interim Improvements Report is hereby accepted. SECTION 2. That the City Manager is hereby authorized to execute a contract with Naismith Engineers, Inc. for preliminary and design engineering services related to recommended interim improvements at the Westside Wastewater Treatment Plant, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 3. That there is hereby appropriated $51,300 from the No. 250 Sanitary Sewer Bond Fund. SECTION 4. 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 30th day of April, 1985. ATTEST: City Secretary APPROVED:. -4y DAY OF APRIL, 1985 J. BRUCE AYCOCK, CITY ATTORNEY 02.013.01 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17iiIICROFILMED CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the Westside Wastewater Treatment Plant is operating near capacity for some process units; and WHEREAS, at various times the biochemical oxygen demand (BOD) exceeds permit requirements; and WHEREAS, certain interim improvements have been identified by the City's Engineering Consultants as needed to improve the quality of treatment and bring the plant into compliance; and WHEREAS, the City of Corpus Christi wishes to proceed as expeditiously as possible to implement said interim improvements: NOW THEREFORE, the City and Naismith Engineers, Inc. agree as follows: I. SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all. architectural, structural, mechanical, electrical, site work, design and related services necessary to properly develop design plans and specifications for the Interim Improvements to the Westside Wastewater Treatment Plant, a more detailed description -of which is listed below 1. Description of Improvements The Westside Wastewater Treatment Plant is in need ofinterim improvements to bring effluent quality within the EPA/Texas DWR permit. requirements. The joint venture of Brown and Caldwell and Freese and Nichols, Inc. has prepared an interim improvement report for this facility as part of the study the firm is now performing. Interim improvements to be implemented by this project will conform to the recommendations of the final report as accepted by the City. Those interim improvements included in the Brown and Caldwell -Freese and Nichols, Inc. Interim Improvements Report, which have been selected by City for implementation by this project, are as follows:. a. Air Ventilation Exhaust Fan - Design will address the need for ventilation of the bar screen structure, the adjacent ventilation structure, and the lower portions of the incoming 60" sanitary sewer. The fan and associated ducting and valves must be non -corrosive, and should be compatible with later plans for additional ventilation/scrubbing at these units. b. Conversion to Trickling Filter/Solids Contact Process - Design will involve that required for conversion of the process on an interim basis. Particular attention will be given to sludge handling and flow rates, flexibility for process control, and minimizing tankage and piping cost. Alternate construction scheduling schemes will be evaluated to achieve the minimum interruption in treatment ability of the facility. Considerations relating to the future plans for the facility will be included to the degree possible. c. Piping Modifications to Isolate Primary Clarifiers - Design will include measures to eliminate unneeded flow and treatment process interruptions. Provision for future piping extensions, if indicated, will be included. d. Facultative Sludge Basin - Additional design criteria relating to long-range plans for the facility will be reviewed, as well as Naismith Engineers, Inc. Page 2 of 10 alternate treatment schemes if requested by City Staff. Design will incorporate controls for simple and dependable operation, and for minimizing power costs. e. New Effluent Meter - Alternates for metering, using existing structures, will be evaluated. Simplicity and ruggedness will be top priority criteria. II. SCOPE OF SERVICES Engineer's services for Section I above will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1972 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. Preliminary Phase Preliminary Engineering Services under this contract shall include: 1. Conduct initial planning meetings with the City for the purpose of refining the project scope and final deliverable items. Time requirements and target dates for completion of portions of the work will be established. 2. Designate NEI key contact personnel for the project. 3. Establish lines of communication with City personnel. 4. Locate available data, plans and reports bearing on the project. 5 Review in -plant and effluent quality testing data. 6. Obtain available aerial photography and mapping of City property. 7. Establish procedure for receiving information being concurrently developed by other consultants to the City. Naismith Engineers, Inc.. Page 3 of 10 8. Review any existing plans for adjacent property which may have an impact on the planned project work. 9. Establish baselines, verify property lines as needed. 10. Complete topographic surveys as required for planned structures. 11. Complete leveling as required for design of structures and process. 12. Verify field location and elevation of existing structures and piping. 13. Observe and measure present process operation as needed for design. 14. Request any additional laboratory testing required, review results. B. Design Phase Services performed under the Design Phase shall include: 1. Verify minimum, average and peak flow criteria for interim modifications. 2. Verify requirements for future connection or extension relating to final plans for the facility. 3. Size process units, connecting piping, aeration and pumping equipment. 4. Determine process control requirements. 5. Calculate process power requirements. 6. Review all appropriate process criteria with consultant. 7. Continuing review with City Staff. C. Construction Plans and Specification Phase Preparation of plans and specifications and advertising documents shall include: Naismith Engineers, Inc. Paze 4 of 10 1. Completion of project location/vicinity map, plan -profile scale drawings of proposed construction, details, and construction notes. 2. Completion of electrical -control plans and specifications, (Consultant). 3. Completion of technical plans and specifications and contract documents, of which fifteen (15) sets are to be furnished to the City. All sets above and beyond the original fifteen (15) sets shall be furnished at City expense. 4. Assistance with advertisement for bids, award of construction contract, issuance of notice to proceed. D. Project Construction Phase During the Construction Phase, general administration of construction shall include: 1. Check shop and workingdrawings when required and furnished by contractor. 2. Review and make recommendations based on laboratory test reports and -data. 3. Consultation with the City and advise during construction. 4. General observations of the work and interpretation of the plans and specifications by periodic visits (as distinguished from the continuous services of a resident project representative) to the site. Periodic visits shall mean a minimum of one project visit weekly of a two-hour duration during the Construction Phase. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the Naismith Engineers, Inc. work of the contractor, but he cannot guarantee the performance of the contractor nor be responsible for the actual supervision of construction operations. or for the safety measures that the contractor takes or should take. Preparation of change orders and monthly and final .estimates for payment to the contractor, based on contractor's submittal. 6. Represent the City in interpreting and rendering decisions on the requirements .of the contract documentsand claims or disputes between the contractor and the City,to include any disputes or claims made by the City against the contractor within one year of the final inspection; instruct the contractor on behalf of the City (including preparation of supplementary drawings or instructions required to effectuate the intent of the contract documents). 7. Conduct the Final Inspection. 8. Revision of the construction drawings to show the project .as actually constructed and. the furnishing of "As -Built" reproducible drawings. E. Order of Services Engineer agrees -to begin work immediately after written authorization from the City and to complete the Preliminary Phase within thirty (30) calendar days after authorization; the Design and Construction Documents Phase will be completed within forty-five (45) calendar days of written notice by the City to proceed with this the design phase. Naismith Engineers, Inc. Pnao A n -f 1 n III. PAYMENT For the work described under Section II, the total compensation to the Engineer shall be a fixed fee of $48,500. The City agrees to pay the Engineer for professional services as set forth in Section IIA, IIB, and IIC of this contract as follows: thirty (30) percent upon submission of preliminary plans, then an additional fifty-five. (55) percent, making a cumulative amount of eighty-five (85) percent of the lump sum amounts hereinbefore referred to, upon completion and acceptance by the City of the plans and specifications for the project_ The City agrees to pay the Engineer for professional services as set. forth in Section IID of this contract the balance of fifteen (15) percent of the fixed fee amount ($48,500) hereinbefore referred to during the progress of construction. Payment shall be made in proportion to the Engineer's estimate of the percentage of completion. IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven (7) days written notice to the other at the address of record. In this event, the Engineer shall be compensated for his services on all stages authorized as follows-: A. If termination occurs prior to the final completion and approval of drawings and specifications, the Engineer shall be paid a reasonable compensation for the services actually rendered by him in. accordance with the above described schedule of fees and in proportion to the amount of work done on such stages or phases as he has been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be eighty-five (85). percent of the fixed fee.. Naismith Engineers, Inc. C If termination occurs after the letting of the contract but. prior to final completion or acceptance by the City, the fees of the Engineer shall be computed in accordance with the provisions of Sections IID of this contract to the date of termination. D. 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. V. ENGINEER'S LIABILITY Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents and consultants, for the accuracy and competence of their designs, working drawings, and specifications or other.. documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications or other documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. VI. OWNERSHIP OF DOCUMENTS Upon completion of the project (or upon termination of this contract, if previously terminated), the Engineer shall furnish to the City, in a suitable container for filing, "record drawings", reproduced on linen or mylar drafting film from the original drawings, together with a correct and legible set of specifications. VII. 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 Naismith Engineers, Inc. written consent of the City, except for 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. VIII. 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. It is understood, however, that the Engineer shall employ the services of Malcolm Pirnie, Inc. to review design criteria for the trickling filter/solids contact process and the digester supernatant facultative basin process. Fees for Malcolm Pirnie's services are included in the total fee agreed upon with Naismith Engineers, Inc. IX. DISCLOSURE OF INTERESTS Engineer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this agreement, the Disclosure of Interests form attached hereto. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 19 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Edward A. Martin, City Manager Naismith Engineers, Inc. APPROVED: • day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY gv: Assistant City Attorney APPROVED: NAISMITH ENGINEERS, INC. By: James K. Lontos, P.E. Assistant City Manager Naismith Engineers, Inc. Pave in of 10 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 19, 1985 I certify to the City Council that $ 51,300 , 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. 250 Sanitary Sewer 250-82-3 Project Name Westside 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 ` i d- Corpus Christi, Tex day of 1985' 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, Council Members MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS The above.ordinance was passed by Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik. Linda Strong the following vote: 18807