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HomeMy WebLinkAbout17032 ORD - 05/12/1982AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH URBAN ENGINEERING FOR DESIGN OF INTERIM IMPROVEMENTS TO THE ALLISON WASTEWATER TREATMENT PLANT, AND APPROPRIATING $52,000 FOR THE SAID ENGINEERING CONTRACT; 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 an amendment to the agreement with Urban Engineering for design of interim improvements to the Allison Wastewater Treatment Plant, all as more fully set forth in Amendment No. 2, a substantial copy of which amended contract is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. 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 the health, safety and public welfare of the residents served by the Allison Wastewater Treatment Plant 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 Ali day of May, 1982. ATTEST: Ci Secretary APPROVED: /1/..—DAY OF MAY, 1982: J. BRUCE AYCOCK, Y ATT RNEY By MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS 17032 000fo-°. SE? 2 g 1984 AMENDMENT NO. 2 TO THE CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS I COUNTY OF NUECES The City of Corpus Christi and Urban Engineering hereby agree to the following amendment to the Contract for Engineering Services regarding the proposed interim improvements to the Allison Wastewater Treatment Plant, also known as EPA Project No. C-48-1457-01, approved by the Corpus Christi City Council by Ordinance No. 15555 on May 21, 1980 and amended by Ordinance No. 16827 on January 20, 1982. WHEREAS, said contract provided for the preparation of a Facility Plan for permanent improvements to the plant which included preparation of an Environmental Information Document and Infiltration/Inflow Analysis all in accordance with the Step I (Planning) Stage requirements established by the Environmental Protection Agency; WHEREAS, the City desires to have constructed certain interim improvements to the Allison Wastewater Treatment Plant; WHEREAS, the City may apply for Federal assistance relating to these interim improvements in the future; WHEREAS, the City and the Engineers have acquainted themselves with Federal regulations on procurement of professional services, and the Engineers have presented their cost data to the City and have identified personnel and facilities required, special technical services required, the extent of sub- contracting contemplated, required tiie of completion, and estimated cost for performing the "Step II" services for the planned improvements at the Allison Wastewater Treatment Plant, and after discussion and negotiation, the City and the Engineers have agreed on the scope of services to be performed and a fair and reasonable fee therefore, and have agreed to enter into this Amended Contract for Engineering Services for the "Step II" or "Design" Phase of the "Interim Improvements to the Allison Wastewater Treatment Plant", yet leaving in force and effect all other provisions of said Contract of May 21, 1980, as amended on January 20, 1982, and subsequent amendements thereto which do not apply hereto. NOW THEREFORE, the City and Engineer agree as follows: SPCTION A. GENERAL PROVISiONS OP AGREEMENT An appendix will be added to said contract and identified as Appendi?c_C-1 EPA -Required Provisions, 40 CFR Part 35, Appendix C-1, a copy of which is attached hereto and made a part hereof. The provision of this appendix shall supersede any section of the agreement in conflict therewith. SECTION B. SERVICES TO BE PERFORMED In consideration of the premises and the fees to be paid as hereinafter described, the Engineers agree to render professional engineering services to include the preparation of the construction drawings and specifications, pro- posal forms and design summary, all in general accordance with the proposed improvements to the Allison Wastewater Treatment Plant. The Engineer's services will also include, but not be limited to the followilw 1. Make field survey and prepare description of easements as necessary for design and for general description of easements or property re- quired. This does not include land surveys for legal purposes or for establishing location of disputed boundaries. 2. Establish the scope of soil investigations, borings, and labciratory testing as are necessary for the design of the project. 3. Furnish engineering data as is necessary for permits -required by local, State and Federal authorities and assist the City in the application for such permits, as well as, acting as the City's representative in obtaining said required permits. 4. Design the various units and items of improvements in accordance with recognized engineering practice and the application criteria of local, State, and Federal authorities. The Engineer is not required to include detailed design for alternate bids (i.e. alternate processes or structures or equipment). 5. Prepare detailed construction plans, specifications, proposal forms and design summary for construction, and provide to the City, eight copies thereof for official review and approval for each of the re- commendedconstructioncontracts. 6. Prepare detailed cost estimates of authorized construction for each separate construction contract. The Engineers are not required to guarantee that the work as finally designed will be within the pre- liminary estimates shown, nor that the construction bids will be within the final detailed cost estimates. 7. Make available all construction and design information regarding this plant for inclusion in a Plan of Operation Manual to be prepared under an anticipated Step 2 grant for permanent improvements to the plant. 8. Provide engineering data and other assistance as needed to aid the City ' in making application for grant assistance for "Step III" construction. SECTION C. COMPENSATION Th.l. City shall compensate the Engineer based on a percentage of construction. The fee shall not exceed eight (8%) percent of the estimated construction cost of $650,000. Payment shall be made as follows. Amendment No. 2 Allison Wastewater Plant Page No. 2 of4 1. After commencing the work, the Engineers may invoice the City on a monthly basis for partial completion as provided in Appendix C-1, EPA Required Provisions attachod hereto: 2. Interim payments shall not exceed 902 of the value of the work actually complete. 3. Request for interim.payments must be supported by personnel time summaries, invoices or other supportive documehtation. 4. No payment will be made to the Engineer unless work progress has been approved by the City. 5. Statements as invoices will be paid by the City within 30 days, if not questioned as to correctness. 6. Payments to the.Engineer by the City are not to be construed as a partial release or acceptance of the overall performance of the work called for under this amendment. 7. Final payment will be made to the Engineer by the City upon written approval of the "Step II" work by EPA. SECTION D. MODIFICATION OF THE PROJECT WORK 1. All modifications of the project scope shall be done in accordance with Appendix C-1 - EPA Required Provision attached hereto. 2. All modifications shall be authorized in writing. 3. Such modifications shall take into consideration increased dt decreased cost for performance. . SECTION E. AUTHORIZATION TO PROCEED After execution of this contract the City will within a reasonable time issue to the Engineers full authorization to proceed with the work as described herein. Should the Engineer elect to proceed previous to receiving such authorization, suchshallnot in any way invalidate his rights to compensation should the authorization be subsequently issued. - SECTION F. TIME OF COMPLETION The Engineers shall complete the above described work within three months of the date of this Amendment. Any major requirement to alter the time for performance will be considered under Section D, Modification of Project Work as described above. SECTION G. ACTS OF GOD, ETC. Neither party shall hold the other responsible for damages or delay in performancecausedby acts of God, strikes, lockouts, accidents or other events beyond the control of the other or the other's employees or agents. SECTION H. 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 on the Engineer's Amendment No. 2 Allison Wastewater Plant Page No. 3 of 4 staff or to outside subcontractors or to professional associates (and their employees) working under the Engineer's direction. In the event of the termination ot the Engineer's 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 con- sent of the City. SECTION I. REMEDIES 1. Venue for any action under this Agreement shall lie in Nueces County, Texas. 2. The provisions for arbitration in paragraph 6 of Appendix C-1 shall be applied only by mutual consent of the parties. Lacking such mutual consent, disputes not reconcilable by negotiation shall be settled according to law. SECTION J. APPLICABILITY This Amendment shall apply only to Design Phase for the "interim improvements to the Allison Wastewater Treatment Plant". SECTION K. APPLICATIONS TO ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL ASSISTANCE It is the intent of the City to apply for Federal assistance through E.P.A. • for the work described in this amendment if and when funds are made available through the State Ranking Priority System. The Engineer agrees to provide the necessary information and assistance for submiaing a grant application to the Environmental Protection Agency through the Texas Department of Water Resources. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1982. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: day of , 1982 J. BRUCE AYCOCK, CITY ATTORNEY URBAN ENGINEERING By By Assistant City Attorney APPROVED: James K. Lontos, P.E. Assistant City Manager Amendment No. 2 Allison Wastewater Plant •Page No. 4 of 4 CITY OF CORPUS CEEISTI, TEXAS CERPIFICATION OF FUNDS (City Charter Article Tv Section 21) May 6, 1982 I certify to the City Council that $ 52,000 , 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. 250 Sanitary Sewer Bond Fund Project NO. 250-77-17 Project Name Allison Plant Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 447 , 19 IT clY it.10/ Vgi 4r 6 1?1 FIN 2-55 Revised 7/31/69 Mott Corpus Christi, Texas 42L,day of , 1982 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; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it i$ introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17032