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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. -3- 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. -4- 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. -5- 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 -6- 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- -7- 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 -8- 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 -9- 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 -10- 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