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
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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.
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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:
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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
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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.
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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.
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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