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