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HomeMy WebLinkAboutC2009-384 - 9/18/2009 - NAAMENDMENT NO. 2 CITY OF CORPUS CHRISTI, TEXAS NEW BROADWAY WASTEWATER TREATMENT PLANT PROJECT NO. 7293 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services), hereinafter called "City" and Carollo Engineers, P.C., an Arizona corporation, 3033 N. 44th Street, Suite 101, Phoenix, Arizona 85018, hereinafter called "Engineer", agree to the following, an amendment to the Contract for Engineering Services for New Broadway Wastewater Treatment Plant, as authorized. Original Contract December 1, 2006 Administrative Approval $24,915 Amendment No. 1 February 12, 2008 City Council Approval $7,306,047 Amendment No. 2 August 21, 2009 City Engineer Approva! $34,801 Total Contract $7,365,763 1. SCOPE OF PROJECT -NEW BROADWAY WASTEWATER TREATMENT PLANT (PROJECT NO. 7293) This Project provides for the replacement of the existing Broadway Wastewater Treatment Plant with a New Broadway Wastewater Treatment Plant (NBWWTP). The NBWWTP will be located on the northern section of the City of Corpus Christi's existing Broadway Wastewater Plant's site. Capacity of the NBWWTP will be 8 million gallons per day (mgd), with a peak flow of 40 mgd. The NBWWTP will be designed as a secondary treatment facility with effluent meeting the requirements defined in the City's Texas Pollution Discharge Elimination System (TPDES} permit and the Texas Commission on Environmental Quality's (TCEQ) latest requirements. Treated secondary effluent will be discharged through the existing plant's discharge point. The new plant's discharge point will remain unchanged from the existing plant's discharge point, which discharges into the area's drainage channel along the Corpus Christi Ship Channel. The NBWWTP will be designed and constructed to meet site requirements, existing geotechnical conditions, and overall coordination with the closure of the existing Broadway Wastewater Treatment Plant. Modifrcations to the existing Resaca Pump Station are not part of this Agreement and will be designed and constructed by others. 2009-384 09/18/09 New Broadway Wastewater Treatment Plant City of Corpus Christi Project No. 7293 Amendment No. 2 August 20, 2009 Page i of 4 Carollo Engineers Specific elements of the NBWWTP project are identified in Amendment No. 1, Exhibit A-1, and Amendment No. 2, Exhibit A-1. 2. SCOPE OF SERVICES The Engineer hereby agrees to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, Gantt charts presented with monthly invoices} and provide contract administration services, as described in Exhibit "A" and "A-1" to this Amendment, to complete the Project. Exhibit "A-1" provides supplemental description of services in Exhibit "A" and is not intended to supersede services described in Exhibit "A". Work wiN not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. Engineer's services will be "Services for Construction Projects"- ("Basic Services for Construction Projects"} which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. The summary of these tasks and services is as follows provided. by Exhibit "A" and Exhibit "A-1 ": 3. ORDER OF SERVICES The Engineer agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Engineer and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Engineer to undertake additional services ortasks provided that no increase in fee is required. Services ortasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Engineer shag notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. MANDATORY REQUIREMENTS Engineer agrees to the mandatory contract and insurance requirements as set forth in Exhibit "B". The Engineer's insurance Certificates specific to this project are included with Exhibit B. New Broadway Wastewater Treatment Plant City of Corpus Christi Project No. 7293 Amendment No. 2 August 20, 2009 Page 2 of 4 5. FEE The City wil{ pay the Engineer a fee, as described in Exhibit "A", for providing services authorized. Monthly invoices wilt be submitted in accordance with Amendment No. 1, Exhibit "D". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven (7} days written notice to the Engineer at the address of record. In this event, the Engineer will be compensated for its services on all stages authorized based upon Engineer's and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The Engineer agrees that at least 40 percent of the work described herein wilt be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA}. Additionally, no more than 60 percent of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) The agreed local participation requirements are in accordance with those published in the City's RFP 2006-1 associated with the NBWWTP project. 8. ASSIGNABILITY The Engineer will not assign, transfer or delegate any of its 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 staff. If the Engineer is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Engineer fee may be assigned in advance of receipt by the Engineer without written consent of the City. The City wilt 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, Contractor's field data, and submittal data will be the sole property of the City, and may not be used again by the Engineer without the express written consent of the Director of Engineering Services. However, the Engineer may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. New Broadway Wastewater Treatment Plant City of Corpus Christi Project No. 7293 Amendment No. 2 August 20, 2009 Page 3 of 4 10. ©iSCLOSURE OF INTEREST 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 to Amendment No. 1 as Exhibit "C". CITY OF CORPUS CHRISTI gy. ~-~ ~ 09 Pete Anaya, P.E. Date Director of Engineering Services ATTEST By: Armando Chapa Date /Ci/'t'y~Secretary Oscar Marti'ez Date:: Assistant City Manager APPROVED AS TO FORM By: ~0~~,~/~ii ~~ <j ~~ q 1~ Mary Kay Fische Date City Attorney CAROLLO ENGINEERS, P.C. gy: D~ l~ 'L~v o n C. Cutrig .E. Date Partner 14785 Preston Road, Suite 950 Dallas, TX 75254 Phone: 972-239-9949 Fax: 972-239-9117 E-mail: jcutright@caroflo.cam BY= M Clv . P.E. Date '(4785 reston Road, Suite 950 Dall s, TX 75254 Ph ne:972-239-9949 Fax: 972-239-9117 E-mail: mclyburn@carol(o.com New Broadway Wastewater Treatment Plant City of Corpus Christi Project No. 7293 Amendment No. 2 August 20, 2009 Page4of4 EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS NEW BROADWAY WASTEWATER TREATMENT PLANT PROJECT NO. 7293 CONTRACT FOR PROFESSIONAL SERVICES 1. SCOPE OF SERVICES A. Basic Services. NOT USED B. Additional Services 19. Resaca Pump Station Electrical System Tie-in: Provide design phase, bid phase, and construction phase services associated with the Resaca Pump Station Electrical System Tie-in as described in Exhibit A-1. Provide the services above authorized as supplemented by Exhibit "A-1 ". 2. SCHEDULE REVISED PROJECT SCHEDULE DAY DATE ACTIVITY Friday February 15, 2008 Begin Preliminary Phase Thursday February 21, 2008 Begin Design Phase Thursday August 07, 2008 Interim Submittal Thursday Sept 04, 2008 City Review Thursday November 13,2008 Pre-Fins{ Submittal Thursday December 04, 2009 City Review Thursday April 09, 2009 Final Submittal Monday July 20, 2009 Advertise for Bids Wednesday August 19, 2009 Pre-Bid Conference Wednesday September 16, 2009 Receive Bids Monday October 19,2009 Begin Construction Monday October 29, 2012 Construction Completion New Broadway Wastewater Treatment Planf City of Corpus Christi Project No. 7293 Amendment No. 2 Exhibit "A" August 20, 2009 Page 1 of 4 3. FEES A. Fee for Basic Services. The City will pay the Engineer a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and wil! be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section 1.A.1-4, Engineer will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon Engineer's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section i.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E anot-to-exceed fee as per the table below. C. Summary of Fees Original Contract $24,915 Amendment No. 1 Fee for Basic Services 1. Preliminary Phase $751,548 2. Design Phase $2,261,105 3. Bid Phase $79,980 4. Construction Phase $662,984 Subtotal Basic Services Fees $3,755,617 New Broadway Wastewater Treatment Plant City of Corpus Christi Project No. 7293 Amendment No. 2 Exhibit °A" August 20, 2009 Page 2 of 4 Fee for Additional Services 1. Permit Preparation (as applicable) a. Railroads b. TXDOT c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. TPDES/NPDES Permit/Amendments f. TCEQ Permits/Amendments g. Nueces County h. Texas Historical Commission 'r. U.S. Fish and Wildlife Service j. U.S. Army Corps of Engineers k. U.S. Environmental Protection Agency I. Texas Department of License and Regulation m. FEMA LOMR, LOMC, etc. n. Pay perrrtit and application fees for applicable permits. Total Permitting (Allowance) ,860 2. ROW Acquisition Survey $50,000 3. Topographic Survey $30,000 4. Environmentallssues $0 5. Construction Observation Services $2,195,010 6. Start-up Services $99,560 7. Warranty Phase $62,120 8. Provide SCADA Documentation $0 9. Public Involvement/Public Information $75,000 10. TCEQ-Required O&M Manual $99,000 11. Training $89,180 12. Stormwater Pollution Prevention Plan $10,600 13. Factory Witness Testing $10,000 14. Coordination with City Peer Review Team $30,000 15. Value Engineering Response $70,880 16. TCEQ-Required Data Collection $15,000 17. TCEQ Hearing $10,240 18. Special Treatment Facilities Design Services $642,980 Sub-Total Additional Services Fees Authorized $3,550,430 Amendment No. 1: Totat Authorized Fee $7,306,047 Amendment No. 2 Fee for Additional Services 19. Resaca Pump Station Electrical System Tie-in $34,801 Sub-Total Additional Services Fees Authorized $34,801 Amendment No. 2: Total Authorized Fee $34,801 New Broadway Wastewater Treatment Pfant City of Corpus Christi Project No. 7293 Amendment No. 2 Exhibit "A" August 20, 2009 Page 3 of 4 EXHIBIT A-1 CITY OF CORPUS CHRISTI NEW BROADWAY WASTEWATER TREATMENT PLANT PROJECT N0.7293 CONTRACT FOR PROFESSIONAL SERVICES SUPPLEMENTAL SERVICES BACKGROUND On November 6, 2006, the City and Engineer entered into an Agreement to evaluate secondary process alternatives for the New Broadway Wastewater Treatment Plant (NBWWTP). The objective of the work authorized by the November 6, 2006 Agreement was to select a preferred treatment process and enable the City to proceed with final design of the project on an expedited schedule. On February 20, 2008, the City and Engineer entered into an amended Agreement (Amendment No. 1) to provide design, bid, and construction services for the replacement of the existing Broadway Wastewater Treatment Plant with a New Broadway Wastewater Treatment Plant (NBWWTP). PURPOSE The purpose of this Amendment No. 2, Exhibit A-1 is to provide additional information, specific to this project, to supplement the Scope of Services in Amendment No. 2, Exhibit A. The services to be provided by this contract include the following tasks: A. Basic services will include: NOT USED B. Additional Services will include: Task 19.Q Resaca Pump Station Electrical System Tie-In PROJECT ASSUMPTIONS The assumptions that have been used to develop the Scope of Services and budget for this project are as previously described in Amendment No. 1, Exhibit A-1. TASKS TO BE ACCOMPLISHED BY THE CITY The following items will be the responsibility of the City: NOT USED New Broadway Wastewater Treatment Plant City of Corpus Christi Project No. 7293 Amendment No. 2 Exhibit "A-1" August 20, 2009 Page 1 of 3 NOT-IN-SCOPE ELEMENTS The following items are not elements of this Scope of Services: NOT USED PROJECT ELEMENTS The Project Elements are as previously described in Amendment No. 1, Exhibit A-1. SUPPLEMENT TO SCOPE OF SERVICES The following tasks will be provided to supplement the scope of services defined in Amendment No. 2, Exhibit A. A. BASIC SERVICES NOT USED B. ADDITIONAL SERVICES TASK LIST Engineer will provide the following services upon written approval by the City's Director of Engineering. TASK 19.0 RESACA PUMP STATION ELECTRICAL SYSTEM TIE-IN The Engineer will provide design phase, bid phase, and construction phase services to tie the existing electrical system for the Resaca Pump Station in with the new electrical system for the New Broadway WWTP. Specific tasks are as follows: Task 19.1 Design Phase Services The Engineer shall complete a final design consistent with the Scope of Work summarized in this section. Detailed drawings, technical specifications, and typical details shall be developed for electrical power systems. Technical specifications shalt be based on the 17-Division format of the Construction Specifications Institute (CSI). 1. Disconnect and remove the existing AEP electrical supply to Resaca Lift Station. 2. Evaluate and make recommendations to the City on the following two options: a. City to purchase the existing AEP pad-mount transformer in place. b. C'rty to provide a new pad-mount transformer at Resaca Lift Station. New Broadway Wastewater Treatment Plant City of Gorpus Christi Project No. 7293 Amendment No. 2 Exhibit "A-t" August 20, 2009 Page 2 of 3 3. Coordinate with AEP to purchase the existing pad-mount transformer or specify and design the installation of a new pad-mount transformer installation, depending on the outcome of item 2. 4. Provide a new 12.47 kV electrical feeder from new Broadway WWTP 12.47 kV switchgear to the Resaca pad-mount transformer. 5. Modify the Broadway 12.47 kV switchgear automatic transfer control system to coordinate with Resaca Lift Station controls as follows: a. The Resaca generator will not automatically start or run for undervoltage conditions that would be remedied by an automatic transfer from Preferred to Alternate AEP feeders at the Broadway. b. In the event of an undervoltage condition at the Broadway WWTP that causes the plant load to be transferred to its standby generator, the Resaca Lift Station will not operate on the plant generator, but will transfer from plant power to its own standby generator. c. Upon restoration of AEP power to the plant, either the Preferred or Altemate source, Resaca wiH automatically transfer back to plant power and shutdown its standby generator. Task 19.2 Bid Phase Services The Engineer shall assist the City during the bidding phase of this Project. Specific services to be provided by the Engineer shall include: 1. Review pre-bid questions and submissions concerning the bid documents provided by the Engineer, and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform Contractors of approved changed prior to bidding. New Broadway Wastewater Treatment Plant City of Corpus Christi Project No. 7293 Amendment No. 2 Exhibit "A-1" August 20, 2089 Page 3 of 3 SUPPLIER NUMBtiR TO BE ASStGNEI3 BYL'rl'4-"- = PURCHASING QlVISION City of CITY OF CORPUS CHRISTI ~? ~; DISCLQSURE 4F INTEREST City of Corpus Christi Ordinance 17I 12 as amended, requires all persons or firms seeking to do business with the Ciry to provide the fo~lowin~ information. Every.question. must be answered. If the question is not applicable, answer with `NA". See reverse stile for Filing Requirements, Certifications and definitions. COMPANY NAME: Carolio Engineers, A.C. A. O. BOX: STREET ADDRESS: 14785 Preston Road, Ste. 950 CITY: Dallas, TX ZIP: 75254 FIRM IS: 1. Corporation CZ 2. Aartnersbip 8 3. Sote Owner ^ 4. Association lJ S. Other DISCLOSURE QUESTIONS If additional space 'ts necessary, please use the reverse side of this pa a 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; Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Chrisii having an "ownership interest" constituting 3% or more of the ownership in the above named "firm: ' N+~e Title NIA 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 NIA 4. State the names of each employee or officer of a "consultant" for the City of Cor~rus Christi who worked on any matter related to the sub,~ect of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm:' Name Consultant N/A EXHIBIT B" Pa e 4 pf 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any Ctty official or employee that is distinguishable from the effect that the action wilt have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, emplo~ yee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)J CERTIFICATION i certify that ail 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: John C. Outright, P.E. Title: Crraa i Signature of Certifying Person: Partner Date: U ~ ~ pU a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee: ' Any person employed by the City of Corpus Christi, Texas either on a fuH or part-time basis, but not as an independent contractor. d. "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-cmployed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court dodges of the City of Corpus Christi, Texas. f. "Ownership Interest " Legal or equitable interest, whether actually or constructively held, in a firm, including 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." g. "Consultant:' Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBCf ug,~ Pa e 2 of 2