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HomeMy WebLinkAbout19347 ORD - 06/10/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH BLACK AND VEATCH FOR PRELIMINARY PHASE DESIGN WORK AND GEOTECHNICAL INVESTIGATION FOR AN APPROXIMATE 120 MILLION GALLON RAW WATER STORAGE RESERVOIR AT THE 0.N. STEVENS WATER TREATMENT PLANT AND AN ADDITIONAL SLUDGE LAGOON; APPROPRIATING $67,500; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with Black and Veatch for preliminary phase design work and geotechnical investigation for an approximate 120 million gallon raw water storage reservoir at the 0.N. Stevens Water Treatment Plant and an additional sludge lagoon all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A." SECTION 2. That there is hereby appropriated $67,500 from the No. 205 Water Bond Fund of which $50,000 is applicable to Project No. 205-81-9.1, Stevens Plant Raw Water Reservoir and $17,500 is applicable to Project No. 205-81-10.1, Stevens Plant Sludge Lagoon. 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 10th day of June, 1986. ATTEST: G.4126•Cittyecretary / MAYOR THE CITY APPROVED:/ DAY OF JUNE, 1986 A'(41 City Attorney 06P.123.01 CORPUS CHRISTI, TEXAS 1,9347MICROT ILMED CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § COUNTY OF NUECES 5 The City of Corpus Christi, hereinafter called "City", and Black & Veatch, hereinafter called "Engineer", agree as follows: I. SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop studies, designs, and plans and specifications as authorized for the following improvement project at the 0. N. Stevens Water Treatment Plant and adjacent operating facilities. Raw Water Storage Reservoir: Design and plan an approximate 120 million gallon raw water storage reservoir on the 0. N. Stevens Plant at Hearn Road and Up River Road in Corpus Christi to include embankment, piping, fencing, appropriate landscaping, hydraulics, soils investigation, alternate solution studies, capital cost estimates, life cycle cost analysis, seepage analysis, leakage considerations, embankment lining alternates and/or admixtures, storage capacities, alternate reservoir withdrawal systems, effect on existing plant operations and hydraulics, environmental and aesthetic concerns, and other criteria as determined and deemed necessary by the City, to include effect on other City Master Plans for drainage, sanitary sewer, street construction, and related facilities. Sludge Lagoon: Design and plan a sludge lagoon to serve the 0. N. Stevens Water Plant in the vicinity of Sharpsburg Road and Up River Road to include a levee/piping system to function in conjunction with other City .owned/operated levees in the area and, as an alternate, consider a reservoir (new reservoir) pretreatment system and evaluate raw water chemical quality, organic load to be expected, etc. if a combination new sludge lagoon, raw water reservoir facility can be incorporated into the reservoir site design. Provide cost analysis of sludge lagoon and the combination solids handling and raw water facility. II. SCOPE OF SERVICES Engineer's services under Section I will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1982 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. In the Preliminary Phase 1. proposed project 2. to and part of construction, to • Conferences with the proper City representative regarding the A preliminary engineering study and report directly related the work being considered. Consider alternate methods of include estimates, of all phases of proposed work. ENGINEERING SERVICES CONTRACT Black & Veatch Page 1 of 6 3. Preliminary location, sizes and types of material, and cross-sections of proposed work. 4. Recommend scope of geotechnical work to evaluate soils on plant site and lagoon area. 5. City to furnish Engineer with preliminary information with copies of plans of such existing facilities as are necessary and available and with other information pertinent to the planning and design. 6. Consultant to provide all survey work required for Preliminary, Design, and Construction Document Phases as authorized. 7. Utilize support material developed during Preliminary Phase or available from City and be responsible for the coordination of the project phases as authorized with applicable regulatory agencies. 8. Furnish the City with six (6) copies of the preliminary report, drawings, and cost estimate. B. In the Design Phase (for Work as Authorized by City) NOTE: NO DESIGN PHASE WORK IS AUTHORIZED BY THE CITY PER THIS CONTRACT. THE FOLLOWING ARE MINIMUM DUTIES OF THE ENGINEER FOR THE DESIGN PHASE AND ARE INCLUDED HEREWITH FOR INFORMATION ONLY. SUBSEQUENT AMENDMENTS TO THIS CONTRACT WILL AUTHORIZE DESIGN PHASE WORK AND POSSIBLY FURTHER DUTIES IN THIS PHASE. 1. Prepare engineering data necessary and prepare permits required by State and Federal regulatory agencies and advise the City regarding coordination of project with such State or Federal agencies. 2. Furnish draft copies of plans and specifications (3 sets) to City for review and approval prior to proceeding with Item B.3. below. 3. Preparation of detailed contract plans and specifications for construction; furnish all necessary plans, specifications and proposal documents to the City for advertising for bids. (City estimates a maximum of 30 sets of advertising documents will be required.) 4. Preparation of estimates of quantities and costs. 5. Assist City in securing bids; prepare bid tabulation sheet. 6. Analyze bids and make recommendation, to include investigating bidders, concerning award. 7. In the event the lowest bid exceeds the project budget cost, confer with City and make revisions as is necessary and satisfactory to City for the readvertising of the project for bids at no additional cost by Engineer to City for this work. ENGINEERING SERVICES CONTRACT Black & Veatch Page 2 of 6 C. In the Construction Phase NOTE: NO CONSTRUCTION PHASE WORK IS AU FOLLOWING CONTRACT. THE OWING CONSTRUCTION PHASE AND ARE MINIMUM DUTIES AMENDMENTS TO THIS ARE INCLUDED HEREWITH FOR RAcT POSSIBLY FURTHER DUTI SO IN THIS PHASE AUTHORIZE drawings sequence THORIZED BY THE CITY PER THIS OF THE ENGINEER INFORMATION ONLY. FOR THE CONSTRUCTION SWOSERUENT PEAS E-..-WORAND K - Attend pre -construction meeting 2. Review and approve/reject as appropriate shop and working when required and furnished by contractor as well as contractor's of construction. 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 by a knowledgeable engineer extensively involved in the design of the project from the Black & Veatch firm. Periodic visits shall mean a minimum of once a month progress meetings, visits during core dirt placement phases of the project, no more than twice a month meetings during critical periods, and subsequent meetings when required by the City. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the 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. 5. Preparation of change orders and monthly and final estimates .for payments to the contractor, based on contractor's submittal. 6. Interpret and render decisions on the requirements of the contract documents and 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. Final inspection. 8. Revision of the record drawings to show the project as actually constructed and the furnishing of reproducible "record" drawings. D. Special Services This Contract includes the furnishing of Geotechnical Services by McClelland Engineers, Inc. in the form of Subsurface Investigations, Laboratory Testing and Report Analysis of such information. City agrees to pay direct to McClelland Engineers, Inc. a sum not to exceed Sixteen Thousand Five Hundred Dollars ($16,500.00) for such services as outlined in Engineer's ENGINEERING SERVICES CONTRACT Black & Veatch Page 3 of 6 recommendation letter of May 19, 1986, to the City Engineer. This sum is separate from the Basic Fee as outlined in Section III, Paragraph A herein. The City is to receive three (3) copies of all laboratory reports and other summary reports prepared under this item. Surveying for all work under this Contract is not considered a Special Service but is required and is fully compensated for and included in the Basic Fee outlined herein or in further amendments to this Contract. E. Order of Services Engineer agrees to begin work immediately after written authorization from the City and to complete the Preliminary Phase within 90 calendar days after authorization; the Design Phase (when authorized) will be completed within 120 calendar days of written notice by the City to proceed with this phase. III. FEE A. Fee for Basic Services Authorized The City will pay the Engineer a fixed fee of Fifty -One Thousand Dollars ($51,000.00) providing for the Preliminary Phase services only in this Contract. This fee will be full and total compensation for all services outlined in this phase. Additional fees for later phases will only be authorized by amendment to this Contract. The City has budgeted $1,900,000 for this project, inclusive of all consultant fees, testing, geotechnical work, etc. B. Payment of Fee for Preliminary Phase Services For services rendered under the Preliminary Phase as described above for work authorized by the City, all of the fixed fee shall be due and payable. Approval of preliminary engineering plans will be required before payment, except that the City will approve monthly payments to a maximum of 75% of this fee until such time as the Preliminary Phase is approved. IV. TERMINATION OF CONTRACT Either party to the Contract may terminate the Contract by giving to the other thirty (30) 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 Contract 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 Owner shall then, after review and approval of such statement, 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 ENGINEERING SERVICES CONTRACT Black & Veatch Page 4 of 6 on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Contract shall be delivered to the Owner when and if it is terminated. V. RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein for the improvement project is determined, by the Engineer's Preliminary Phase work, to be substantially different from the description of services or construction budget contained herein, the fee set forth in this Contract shall be renegotiable only insofar as this Contract pertains to the project or projects so determined to be substantially different. Fees for projects determined to be substantially in accordance with descriptions and budgets contained herein shall not be renegotiable. VI. 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 prepared by the Engineer, its'employees, subcontractors, agents and consultants. VII. 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. Final payment to Engineer for later phases authorized will not be made until this has been done. VIII. 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 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. IX. TECHNICAL ASSISTANCE AND CONSULTATIONS The City shall not pay the fees of expert or technical assistance and consultants, except for Special Services as indicated under Section II, Paragraph D herein, unless such employment, including the rate of compensation, has been approved in writing by the City. ENGINEERING SERVICES CONTRACT Black & Veatch Page 5 of 6 X. ENGINEER'S PROJECT TEAM Engineer agrees to employ the following personnel on this project and warrants that such personnel will be directly responsible for design work prepared under this contract, except in the event of sickness or illness which precludes this assignment: Glen Doty J. Dale Cherry Nixon Welsh Gary R. Talmage Robert G. McCollum Other personnel may be assigned as necessary and required by Engineer. Engineer further proposes to utilize the following for geotechnical services: McClelland Engineers, Inc. - Austin, Texas Branch Engineer further warrants to City that all representations as to personnel, procedures, methods, practices, evaluations, and other statements made in the Black & Veatch Engineering Services Proposal of March 24, 1986, to the City for this project will be utilized, practiced, and followed. XI. DISCLOSURE OF INTERESTS Engineer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete as part of this Contract the Disclosure of Interests form attached hereto. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 1986. .ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Ernest Briones, Acting City Manager APPROVED: day of , 19 Assistant City Attorney APPROVED: BLACK & VEATCH By: James K. Lontos, P.E. Assistant City Manager Title: ENGINEERING SERVICES CONTRACT Black & Veatch Page 6 of 6 a CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over-the- counter markets may file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering the questions below. See reserve side for definitions. FIRM NAME - STREET. CITY: 71P - FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) - 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nome Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title. (Typo w Prinr) Signature of Certifying Person: Date. DEFINITIONS The following definitions of terms should be used in onswering the questions set forth below: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or parttime basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, includ- ing when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FMCS (City Charter Article IV Section 21) May 20,1986 Na ra NJ rn a v z I certify to the City Council that $ 67,500 , the amount require foe the contract, agreement, obligation or expenditures contemplated in theabove and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund NO. and Name No. 205 Water Bond Fund $50,000 - 205-81-9.1 Project No. $17,500 - 205-81-10.1 Stevens Plant Raw Water Reservoir Project Name Stevens Plant Sludge Lagoon from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 4.5-4 000 S/ZL�Ib /2,5rbt)0 s)/az$So 11101; A? 1915'4 D 1 ector`d� • Corpus Christi, Te / fl ( day of , 198 f/ o 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 The above ordinance was passe Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong THE CITY CORPUS CHRISTI, TEXAS by the following vote: 19347