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HomeMy WebLinkAbout15323 ORD - 01/23/1980vp:1/22/80:1t AN ORDINANCE _ AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS UNDER WHICH THE CITY - COUNTY HEALTH DEPARTMENT LABORATORY WILL ANALYZE WATER AND SEDIMENT SAMPLES FROM AREA WATERS AT A COST NOT TO EXCEED $64,000 TO DETERMINE THE EFFECT OF URBAN AND AGRICULTURAL RAIN RUNOFF ON THE WATER AREAS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a contract with the Coastal Bend Council of Governments under which the City -County Health Department laboratory will analyze water and sediment samples from area waters at a cost not to exceed $64,000 to determine the effect of urban and agricul- tural rain runoff on the water areas, a substantial copy of which is attached hereto, marked Exhibit "A" and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date in order to accomplish ongoing waste treatment management studies in the Corpus Christi designated area at the earliest possible date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ATTEST: 23 day of January, 1980. APPROVED: 2Z DAY OF JANUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY 153 411 Y•Rpro•T THE CITY OF 0'"US CHRISTI, TEXAS MICROFILMED AG STATE OF TEXAS ) COUNTY OF NUECES ) CONTRACT FOR LABORATORY SERVICES I. CONTRACTING PARTIES: The Receiving Agency: The Performing Agency: Coastal Bend Council of Governments (CBCOG) Corpus Christi-Nueces County Health Department Preamble A. The CBCOG has been designated by the Governor of the State of Texas as the planning agency charged with the responsibility of performing ongoing areawide waste treatment management planning work for that area lying in Nueces, Aransas, and San Patricio Counties and denoted as the Corpus Christi Designated Planning Area. B. The Federal Water Pollution Control Act Amendments of 1977 Public Law 95-217, (hereinafter referred to as the "FWPCAA"), and the regulations of the Environmental Protection Agency, (hereinafter referred to as the "EPA"), require the development and implementation of programs to abate and control both point and nonpoint sources of water pollution in each area designated by the Governor of Texas as a 208 planning area. The requirements for such a plan are specified in Section 208 of the FWPCAA and federal regulation references 40CFR, Parts 25, 30, 33 and 35. C. The EPA on July 2, 1979 authorized a grant in the amount of ONE HUNDRED NINE THOUSAND SEVENHUNDRED TWENTY FIVE DOLLARS ($109,725) which is seventy-five percent (75%) of the total project cost of ONE HUNDRED FORTY SIX THOUSAND THREE HUNDRED DOLLARS ($146,300) to accomplish ongoing waste treatment management studies in the Corpus Christi designated area. D. The payments for performance under this Contract are subject to the continuing availability of funds to the CBCOG through Federal appropriated funds and locally - derived monies authorized to pay for the prescribed work. E. By this Contract, the CBCOG agrees to engage the Performing Agency to render • certain technical or professional services hereinafter described in connection with the Areawide Water Quality Management Planning Project of the CBCOG which is authorized and financed part under Section 208 of the FWPCAA. Neither E_XH."A" the United States nor the U. S. Environmental Protection Agency is a party to this contract. NOW, THEREFORE, the parties hereto do mutually agree as follows: II. STATEMENT OF SERVICES TO PERFORMED In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform analytical services on the parameters listed in Attachment A. The Coastal Bend Council of Governments estimates sixty-eight (68) water samples and twenty-six (26) sediment samples will be collected and delivered to the laboratory for analysis. It is understood that these samples will be properly collected and preserved in accordance with applicable sections of A Practical Guide to Water Quality Studies of Streams. (Federal Water Pollution Control Administration publication) Biological Field and Laboratory Methods for Measuring the Quality of Surface Waters and Effluents (EPA, July 1973), Microbiological Methods for Monitoring the Environment, Water and Waste (EPA, Dec. 1978), Handbook for Analytical Quality Control in Water and Wastewater Laboratories (EPA, March 1979), 40 Part 136 - Guidelines Establishing Test Procedures for the Analysis of Pollutants (including amendments), Water Measure- ment.Manual (USDOI, Bureau of Reclana,ion, 1967), and Methods for Chemical Analysis for Water and Wastes (EPA, March 1979 , as well as the latest edition of Standard Methods for the Examination of Water and Wastewater. The Corpus Christi-Nueces County Health Department will perform all analyses according to the approved procedures set forth in Standard Methods for the Examination of Water and Wastewater (current edition), the latest edition of the Methods for Chemical Analysis of Water and Wastes (JPA manual), as well as the additional document referenced in Paragraph 2 above. If a standard method is not available, the analytical method used should be an adopted method approved by the Executive Director of the Coastal Bend Council cf Governments. Samples will be analyzed by these methods on a production basis, to include appropriate analytical quality assurance procedures. Records will be kept for documentation of the performing agency's quality assurance program and copies will be available to the Receiving Agency upon request. Unusual interferences and problems will be reported to the Coastal Bend Council of Governments. Resear:•h into specific techniques to overcome these difficulties will be undertaken when practical and by mutual agreement. The sample information sheet submitted with each sample will designate the particular analysis or analyses to be made of each sample submitted. The laboratories will be operated in such a manner as to insure the legal sufficiency of the sample handling; (2) analytical and reporting procedures; and to remedy defects in the procedures should such be discovered. A charge may be made by the Performing Agency for maintenance of quality assurance. This charge will be only for quality assurance services required by the Coastal Bend Council of Governments to be performed over and above the normal quality assurance program which the Performing Agency presently maintains in its laboratory. Such charges must be agreed to in writing beforehand. III. TERMINATION Either party to this Contract may terminate the Contract by giving the other party thirty days notice in writing. Upon delivery of such notice by either party to the other and before expiration of the thirty -day period, the Performing Agency will proceed promptly to cancel all existing orders, contracts, and obligations which are chargeable to this Contract. As soon as practicable after notice of termination is given, the Performing Agency will submit a voucher for work performed under this Contract to the date of termination. The Receiving Agency will then pay the Performing Agency for the work performed less all prior payments. Copies of all completed or partially completed reports, documents, and studies prepared under this Contract will be delivered by the Performing Agency to the Receiving Agency when and if this Contract is terminated prior to the completion of the prescribed work. IV. AMENDING THE CONTRACT The parties hereto without invalidating this Contract may alter or amend this Contract upon advance written agreement of both parties to exclude work being performed or to include additional work to be performed and to adjust the consideration to be paid hereunder by virtue of alterations or amendments. V. BASIS FOR CALCULATING REH1BURSABLE COSTS The financial basis for calculating reimbursable costs shall be as outlined in Attachment B. The expenditures by the Corpus Christi-Nueces County Health Department of funds paid to it under this Contract shall be subject to such State or Federal audit procedures as may be required by law and by accepted practices of the State or Federal auditor. All records shall be made available to either the State or Federal auditor, or both, if requested. The Corpus Christi-Nueces County Health Department shall be responsible for maintaining books of account that clearly, accurately, and currently reflect financial transactions. The financial records must include substantiative costs The Corpus Christi-Nueces County Health Department must keep the records readily (3) available for examination by duly authorized representatives of the Coastal Bend Council of Governments, State Auditor's Office, or the Environmental Protection Agency for a period of three (3) years after the close of the last expenditure. The cost for transportation of samples and the return of special shipping cases and containers to the person submitting the samples will be paid directly by the Coastal Bend Council of Governments. VI. CONTRACT AMOUNT The total amount of this Contract shall not exceed SIXTY FOUR THOUSAND DOLLARS, ($64,000). VII. PAYMENT FOR SERVICES The Performing Agency shall bill the Receiving Agency monthly for analytical services performed. Charges for these services shall be based on Attachment B of this Contract. Payments for service performed shall be billed monthly. VIII. TERM OF CONTRACT This Contract is to begin and shall terminate (Term of,Contract cannot transcend the biennium). RECEIVING AGENCY PERFORMING AGENCY Corpus Christi Nueces County health Coastal Bend Council of Governments Department BY BY John P. Buc1 er,Executive Director ATTEST: City Secretary APPROVED: DAY OF JANUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance (4) CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager ATTACHMENT "A" The following analyses are to be made on the collected water and sediment samples: biological oxygen demand. chemical oxygen: demand. total phosphorus= (as P) nitrate ammonia x nitrite total coliforms fetal conforms - fecal streptococci salmonol1a total suspended solids arsenic (EPA 6) cadmium: -(EPA. II) chromium (EPA 21) copper- (EPA 22) - lead: (EPA 44> manganese mercury (EPA. 45) strontium zinc (EPA 65) total organic carbon_ total solids chlorides. oil and_ grease phenols.- (EPA. 52) sulfate diazines 2-4- D. (EPA 28) malathion. dieldrin/aldrin (EPA 4) antimony (EPA 5) chlordane (EPA 13) chlorinated phenols (EPA 18) PCB's. (EPA 54)• selenium• (EPA 56) vinyl chloride (EPA 64) ATTACHMENT "B" CORPUS. CHRIST(-HUECES COUNTY DEPT OF PUBLIC. HEALTH and WELFARE PUBLIC HEALTH DIVISION 1702 Horne Rd. P.O. Box 9727 _- Corpus.Christi, Texas 78408 LABORATORY RATES FOR CONTRACT YEAR PARAMETER Acidity Aerobic Plate Count Alkalinity (Total) Aluminum Ammonia. Antimony Arsenic (Sediment) Arsenic (Water) Barium Bicarbonate. B.O.D. 5 -Day B.O.D_ 7 -Day Boron Bromide - Cadmium (Sediment) Cadmium (Water) Calcium Carbon (Total) Carbon (TotaL Organic) Carbonate C.O.D. (Sediment) C.O.D. (Water Chloride Chlorophyll A. Chloro.. A+ Pheophytia ' Chromium- (Hexavalent) Chromium (Total -Sediment) Chromium (Total -Water) Coliform (Total) Coliform (Fecal) Conductance,. Specific Copper (Sediment) Copper (Water)• Fluoride (Electrode) Fluoride (Distilled) Hardness Iron Leachate Preparation . Lead (Sediment) 'Lead (Water) Magnesium (Sediment) Magnesium (Water) Manganese (Sediment) Manganese (Water-) Mercury (Sediment) Mercury (Water) CHARGE' 1.35' 4.00 1.35 20.00 4.30 18.00 14.50 II.00- 8_25 1.40 T.50 41.00 5.25 8.00 1I-25 5.50 1.50 2_90 8.50 1-40 14.50 10.25 I.35 6.00 12.00'_ 2.20 12.00 3.40 2_60 2.60 2.25- 11.25 5.75 4.30 I3.00 1.35 4-70: T.40 13.50 10.50 7.00 I.50 9.00 3.5(r 16.00 10.00 1979-80 PARAMETER Molybdenum Nickel (Sediment) Nickel <Water) Nitrate Nitrite Nitrogen (Kjeldahl) Oil & Grease (Sed_) Oil & Grease (Water) Oxygen (Dissolved) PH Phenol Phen_ Alk. (CaCO ) Phosphate (Ortho) Phosphate (Total -Sed.) Phosphate (Total -Water) Potassium Residue (Total) Selenium (Sediment) Selenium (Water) Silver (Sediment) Silver (Water) Sodium Solids (Totall Calc.) Solids (Total„ Deter.) Solids (Settleable) Solids (Total, Suspend) Solids- (Volatile, Sed.) Solids (Volatile, Wat.) Streptococcus (Fecal) Strontium Sulfate Sulfide Uranium Vanadium Zinc (Sediment) Zinc (Water) CHARGE 10.50 11.50 5.00 2_40 2.40 14.00 14.00 4.85 1.75 .70 20.00 .70 3.90 9.00 4.75 2.90 1.80 29.00 ' 17.00 11.00 6.00 2.50 1.50 8.75 1.25 2.40 9.10 2.40 5.00 8.50 2.40 4.00 4.00 15.00 12.20 6.00 Insecticides (Sediment) 66.00 Insecticides (Water) 61.00 Herbicides (Sediment) •52.00 Herbicides (Water) 36.00 Chlorinated Phenols . (Sediment) 56.00 Chlorinated Phenols (Water) 44.00 PCB (Sediment) 74.00 PCB (Water) 56.00 Vinyl Chloride (Sed.) 70.00 Vinyl Chloride (Water) 56.00 Corpus Christ xas 2-3 day of , 19 la TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR rro_•Tem THE CITY OF CIRPUS HRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky passed by the following vote: 15323