HomeMy WebLinkAbout020240 RES - 03/15/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BROWN AND
CALDWELL/FREESE AND NICHOLS, A JOINT VENTURE, FOR THE
SELECTION OF THE SOUTHSIDE WASTEWATER TREATMENT PLANT SITE;
APPROPRIATING $50,000.
BE IT RESOLVED 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 Brown and Caldwell/Freese and Nichols, a Joint Venture, for the
selection of the Southside Wastewater Treatment Plant site, all as more fully
set forth in the contract, a substantial copy of which is attached hereto as
Exhibit A.
SECTION 2. That there is hereby appropriated $50,000 from the No. 502
Sanitary Sewer Bond Fund of which $35,000 is for the contract fee and $15,000 is
for subsurface soils investigation and related expenses applicable to Project
No. 502-87-44-1.1, Southside Plant Location.
ATTEST:
Ar,re
City Secretary OR
APPROVED: //a7 DAY OF ,i 9, '(// , 19 Xd
HAL GEORGE, CITY ATTORNEY
ant City Attorney
205RP120.res
THE CI Y OF CORPUS CHRISTI, TEXAS
20240 MICROFILMED
AGREEMENT FOR ENGINEERING SERVICES
STATE OF TEXAS ()
COUNTY OF NUECES ()
This Agreement made, entered into and executed this the day
of , 1988, by and between City of Corpus
Christi, hereinafter called the "OWNER" and Brown and Caldwell/Freese and
Nichols, Inc., a Joint Venture, hereinafter called the "ENGINEER" acting
herein, by and through its representative, duly authorized so to act for
and in behalf of said ENGINEER.
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows:
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform
professional engineering services in connection with the Project as stated
in the sections to follow, and for having rendered such services, the OWNER
agrees to pay to the ENGINEER compensation as stated in the sections to
follow.
The Project shall include:
A specific site selection study for the recommended Southside Wastewater
Treatment Plant as presented in the report titled, City of Corpus Christi
Oso -Westside Wastewater Master Plan, February 1986 and for a proposed
alternate site.
SECTION II
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
ENGINEER and shall remain in force for the period which may reasonably be
required for the study including Additional Services and any required
extensions approved by the OWNER.
SECTION III
BASIC SERVICES
The ENGINEER shall render the following professional services for the
development of the Project:
1. Assemble historical wastewater flow rate records for 1986 and 1987 and
compare the data with the data for the 1983-1985 period presented in
the City of Corpus Christi Oso -Westside Wastewater Master Plan,
February 1986 by Brown and Caldwell/Freese and Nichols, Inc.,
here -in -after referred to as the February 1986 Report, to establish
any significant deviations. These data will be limited to the average
wastewater flow and average dry weather wastewater flow.
2. Review historical population growth of the City, consider the
potential impact of the Chapman Ranch Project, and revise the
projected future population growth as required with and without the
Chapman Ranch Project.
3. Provide revised projected wastewater treatment plant flow rates with
and without the Chapman Ranch Project.
4. Identify not more than two separate wastewater treatment plant sites
of at least 100 to 150 acres in size in the vicinity of the Master
Plan recommended Southside Wastewater Treatment Plant. In considering
selection of potential sites, the following elements will be assessed:
accessibility and probable construction cost of routes, availability
and cost of land, availability and cost of service utilities, effect
of location on City development plans, effect and cost of site on
sewerage conveyance system, suitability of site for construction, and
flood protection of site. The identification of specific sites does
not include deed of record or property title reviews, property
surveys, preparation of legal property descriptions and detailed
property cost appraisal. The evaluation of the site for construction
does not include geotechnical testing. Cost estimates will be in
sufficient detail to permit a comparison of alternatives, but the
estimates will not be based on detail quantity takeoffs.
5. Contact the Texas Water Commission to seek their opinion of the
probable discharge permit requirements for the proposed sites. This
water quality assessment does not include stream quality modeling or
the preparation of an application for a discharge permit.
6. Develop the drawings and data for an archaeological/historical
assessment and submit to the State of Texas for an archaeological
clearance.
7. Review and evaluate with and without the Chapman Ranch project the
monetary, environmental impact, socio-economic impact, and
engineering/institutional factors for the separate sites following
procedures presented in the February 1986 report.
8. Develop revised construction staging for the Oso Plant modifications,
and for the separate Southside sites.
9. Present a specific recommendation on the priority of alternatives for
the two locations for the new wastewater treatment plant site based on
a cost -to -benefit ratio in a draft report to be reviewed in one
meeting with the staff. Two additional coordination meetings will be
conducted with the staff during the preparation of the draft report.
Following the review of the draft report by the City Staff,
appropriate comments will be incorporated into a semi-final report
which will be furnished to the City and the Planning Commission for
use in a public hearing. Following the public hearing and a final
analysis of the two recommended sites which will include consideration
of available subsurface information as well as the archaeological/
historical assessments, the ENGINEER will submit a final report which
identifies one site as the better alternative for construction of the
Southside Wastewater Treatment Plant. The final report will be
presented by the ENGINEER to both the Planning Commission and the City
Council. Five (5) copies of the draft report will be furnished to the
staff. Fifteen (15) copies of the semi-final report will be furnished
and thirty (30) copies of the final report will be furnished.
SECTION IV
ADDITIONAL SERVICES
Additional services that can be performed by the ENGINEER, if authorized by
the OWNER, which are not included in the above described basic services,
are described as follows:
A. Field Surveying required for the preparation of designs, drawings
and plans.
B. Field layouts or the furnishing of construction line and grade
surveys.
C. Investigations involving detailed consideration of operation,
maintenance and overhead expenses, and the preparation of rate
schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits
or inventories required for certification of force account con-
struction performed by the OWNER.
D. Making necessary property, boundary and right-of-way surveys,
preparation of easement and deed descriptions, including title
search and examination of deed records.
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E. Preparing applications and supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications.
F. Appearing before regulatory agencies or courts as an expert wit-
ness in any litigation with third parties or condemnation proceed-
ings arising from the development or construction of the Project,
including the preparation of engineering data and reports for
assistance to the OWNER.
G. Assisting OWNER in the defense or prosecution of litigation in
connection with or in addition to those services contemplated by
this Agreement. Such services, if any, shall be furnished by
ENGINEER on a fee basis negotiated by the respective parties
outside of and in addition to this Agreement.
H. Preparation of a preliminary design report or a specific site
layout for the considered or selected alternatives.
SECTION V
RESPONSIBILITIES OF OWNER
OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER:
A. Designate in writing a person to act as OWNER's representative
with respect to the services to be rendered under this Agreement.
Such person shall have contract authority to transmit instruc-
tions, receive information, interpret and define OWNER's policies
and decisions with respect to ENGINEER's services for the Project.
B. Provide all criteria and full information as to OWNER's require-
ments for the Project, including design objectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which
OWNER will require to be included in the study.
C. Assist ENGINEER by placing at ENGINEER's disposal all available
information pertinent to the Project including previous reports
and any other data relative to the Project.
D. Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform services under this Agreement.
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E. Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by ENGINEER, obtain
advice of an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER.
F. Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project.
G. The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
soil resistivity surveys, and other subsurface explorations. OWNER
shall also make or arrange to have made the interpretations of
data and reports resulting from such investigations. All costs
associated with such investigations must be approved and shall be
paid by the OWNER.
H. Provide such accounting, independent cost estimating and insur-
ance counseling services as may be required for the Project, such
legal services as OWNER may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the Project.
I. Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope
or timing of ENGINEER's services.
J. Furnish, or direct ENGINEER to provide, Additional Services as
stipulated in Section IV of this Agreement or other services as
required.
K. Bear all costs incident to compliance with the requirements of
this Section V.
SECTION VI
COMPENSATION
A. BASIC SERVICES:
Compensation to ENGINEER for the work defined in Section III shall
be the lump sum amount of $35,000.00. Any applicable new taxes
imposed upon services, expenses, and charges by any governmental
body after the execution of this contract will be added as
necessary to the ENGINEER's compensation. Progress payments may be
requested by the ENGINEER based on the percent complete. Requests
for progress payments will not be more frequent than monthly.
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B. ADDITIONAL SERVICES:
For additional services in Section IV, the ENGINEER shall be paid
based on the Schedule of Charges shown in Exhibit A. Payments for
additional services shall be due and payable upon submission by
the ENGINEER. Statements shall not be submitted more frequently
than monthly.
If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty days after receipt of ENGINEER's statement
therefore, the amounts due ENGINEER will be increased at the rate
of 1% per month from said thirtieth day, and in addition, ENGINEER
may, after giving seven days' written notice to OWNER, suspend
services under this Agreement until ENGINEER has been paid in full
all amounts due for services, expenses and charges.
SECTION VII
TIME OF COMPLETION
The ENGINEER will commence work on the Project immediately upon execution
of this contract. The ENGINEER shall complete the work and present to the
staff for their review the draft report within forty five (45) calendar
days of the date of this contract. The meetings with the General Public at
a hearing, with the Planning and Zoning Commission and with the City
Council will be scheduled in coordination with the City after the delivery
of the draft report.
SECTION VIII
OPINION OF PROBABLE CONSTRUCTION COST
The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy -of such estimates.
Opinions of probable construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian con-
siderations of operations and maintenance cost prepared by ENGINEER
hereunder will be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best judgement as an experienced
and qualified design professional. It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of
any facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of its detailed
design. Accordingly, ENGINEER does not guarantee that proposals, bids or
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actual costs will not vary from opinions, evaluations or studies submitted
by ENGINEER to OWNER hereunder.
SECTION IX
OWNERSHIP OF DOCUMENTS
All support documents prepared by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownership and property interest here-
in. OWNER may make and retain copies for information and reference; how-
ever, such documents are not intended or represented to be suitable for
reuse by OWNER or others. Any reuse of the support documents or the report
by OWNER without written verification or adaptation by ENGINEER will be at
OWNER's sole risk and without liability or legal exposure to ENGINEER, or
to ENGINEER's independent associates or consultants, and OWNER shall
indemnify and hold harmless ENGINEER and ENGINEER's independent associates
and consultants from all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom. Any such
verification or adaptation will entitle ENGINEER to further compensation at
rates to be agreed upon by OWNER and ENGINEER.
SECTION X
INDEMNITY AGREEMENT
ENGINEER shall indemnify and save harmless the OWNER and its officers,
agents, and employees from the liability of the OWNER on account of any
injuries or damages received or sustained by any person or persons or
property, including court costs and reasonable attorneys fees incurred by
the OWNER, proximately caused by the negligent acts or omissions of the
ENGINEER or its officers, agents, or employees in the execution,
operation, or performance of this Agreement.
OWNER shall indemnify and save harmless the ENGINEER and its officers,
agents, and employees from the liability of the ENGINEER on account of any
injuries or damages received or sustained by any person or persons or
property, including court costs and reasonable attorneys fees incurred by
the ENGINEER, proximately caused by the negligent acts or omissions of the
OWNER or its officers, agents, or employees in the execution, operation,
or performance of this Agreement.
In the event of liability from suits, actions or claims arising out of or
occasioned by the negligence of both the ENGINEER and the OWNER, their
agents or employees, in the performance of this Agreement, each party
shall contribute toward the satisfaction of the liability its proportion-
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ate share, which share shall be equal to the percentage of negligence
attributable to the party.
SECTION XI
ARBITRATION
No arbitration arising out of, or relating to, this Agreement involving
one party to this Agreement may include the other party to this Agreement
without their approval.
SECTION XII
TERMINATION OF CONTRACT
The obligation to provide services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substan-
tial failure by the other party to perform in accordance with the terms
thereof through no fault of the terminating party. In the event of any
termination, ENGINEER will be paid for all services rendered and reim-
bursable expenses incurred to the date of termination and, in addition,
all reimbursable expenses directly attributable to termination.
SECTION XIII
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER
are hereby bound to the other party to this Agreement and. to the partners,
successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement.
Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may
become due or moneys that are due) this Agreement without the written
consent of the other, except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing such
independent associates and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder.
Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
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duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of OWNER and ENGINEER and not for the
benefit of any other party.
This Agreement (consisting of pages 1 to 11 inclusive) constitutes the
entire Agreement between OWNER and ENGINEER and supersedes all prior
written or oral understandings. This Agreement may only be amended,
supplemented, modified or cancelled by a duly executed written instrument.
SECTION IX
The following exhibits are attached to and made a part of this Agreement:
Exhibit A - Schedule of Charges Special Services
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this Agreement, the day
of , 1988.
ATTEST:
ATTEST:
411110
Ub9T'7
APPROVED;
</-1/7 day of /&:/ ec `j , 1988
By:
Assistant City Attorey
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City of Corpus Christi, Texas
Owner
By:
BROWN AND CALDWELL/
FREESE AND NICHOLS, INC.
A Joint Venture
Engineer
By :��--
EXHIBIT A
SCHEDULE OF CHARGES
SPECIAL SERVICES
Staff Members Salary Cost Times Multiplier of 2.3
Resident Representation Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen,
stenographers, surveymen, clerks, laborers, etc., for time directly
chargeable to the project, plus social security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and holiday pay
applicable thereto. (Salary Cost is equal to 1.3891 times payroll. This
factor is adjusted annually.)
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from
Austin or the assigned office and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, tests, and
other work required to be done by independent persons or agents other than
staff members.
May 18, 1987
069TAR.CON
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 23, 1988
I certify to the City Council that $ 50,000.00 , 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 No. 502 Sanitary Sewer Bond Fund
Project No. 502-87-44-1.1
Project Name Southside Plant Location
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
(fi-cut-- /19 /
Corpus Christi, Texas �
/54'i day of Atodu , 198E
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes (t—)
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.066.01
20240