HomeMy WebLinkAbout17254 ORD - 09/15/1982AN ORDINANCE
AUTHORIZING A CONTRACT WITH URBAN ENGINEERING FOR DESIGN
OF PERMANENT PLANT IMPROVEMENTS AT THE ALLISON WASTEWATER
TREATMENT PLANT; APPROPRIATING $235,000 FOR THIS SERVICE;
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 Urban Engineering for design of permanent plant improvements at
the Allison Wastewater Treatment Plant, EPA Project No. C-48-1457-02, which
provides for a scope of services to correspond with the City's Step 2 grant
application for preparation of construction drawings and specifications,
specifies a fixed price fee and complies with current federal guidelines,
subject to approval of the Texas Department of Water Resources and the
Environmental Protection Agency, all as more fully set forth in the contract,
a substantial copy of which is attached hereto and made a part hereof marked
Exhibit "A."
SECTION 2. That there is hereby appropriated $235,000 out of the
No. 250 Sanitary Sewer Bond Fund for said engineering services applicable to
Project No. 250-77-17, Allison Wastewater Treatment Plant, EPA Project No.
C-48-1457-02,subject to approval of the Texas Department of Water Resources
and the Environmental Protection Agency.
SECTION 3. 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 pre-ve and protect public property 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 /..S day of September, 1982.
ATTEST:
C' Secretary
APPROVED: iAY OF SEPTEMBER, 1982
. Bruce Aycock, j ty Attorney
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
17254
SEP 2 81984
miamk.mEix.
AMENDMENT NO. 3 TO THE
CONTRACT FOR ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF NUECES
The City of Corpus Christi hereinafter referred to as "City" and Urban
Engineering hereinafter referred to as "Engineer", hereby agree to the following
amendment to the Contract for Engineering Services regarding permanent expansion and
improvements to the Allison Wastewater Treatment Plant, also known as EPA Project
No. C-48-1457-02, approved by the Corpus Christi City Council by Ordinance No. 15555
on May 21, 1980, amended by Ordinance No. 16827 on January 20, 1982 and Ordinance
No. 17032 on May 12, 1982.
WHEREAS, said contract included provisions for all engineering and related
services necessary to properly design and prepare plans and specifications for the
Allison Wastewater Treatment Plant;
WHEREAS, the Facility Plan, Infiltration/Inflow Analysis and Environmental
Information Document have been submitted to the Texas Department of Water Resources
and the Environmental Protection Agency, in accordance with the Step 1 requirements;
WHEREAS, Amendment No. 2 to the Contract for Engineering Services provided
for design of certain interim improvements to the Allison Wastewater Treatment Plant;
WHEREAS, the City now desires to apply for Federal grant assistance under the
Federal Water Pollution Control Act Amendments of 1972, Public Law No. 92-500 and
the rules and regulations thereto as administered by the Environmental Protection
Agency and the Texas Department of Water Resources for the Step 2 work which includes
detailed preparation of plans and specifications which shall be in accordance with
the current EPA grant criteria, regulations and guidelines;
WHEREAS, the City has been satisfied with the performance of the Engineers
in connection with Step 1 work on the Allison Wastewater Treatment Plant and desires
that the Engineer continue for the remainder of the project, and;
WHEREAS, the City and the Engineer have acquainted themselves with said
Federal regulations on procurement of professional services, and the Engineer has
presented adequate cost data to the City and has estimated the time of completion
at five (5) months, and after discussion and negotiation, the City and the Engineer
have agreed on the scope of services to be performed and a fair and reasonable fee
for compensation and have agreed to enter into this Amended Contract for Engineering
Services for the Step 2 or Design phase of the Expansion of the Allison Wastewater
Treatment Plant, yet leaving in force and effect all other provisions of the previous
contract and amendments.
NOW THEREFORE, the City and Engineer agree as follows:
SECTION A. GENERAL PROVISIONS OF AGREEMENT
An appendix will be added to said contract and identified as Appendix C-1
EPA - Required Provisions which is from the draft revision dated September 27, 1978,
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 Engineer agrees to render professional engineering services to include
the preparation of the construction drawings and specifications, proposal forms and
design summary, all in general accordance with the proposed improvements to the
Allison Wastewater Treatment Plant as defined in the "Facility Plan" as prepared
by the Engineer and consistent with EPA guidelines for "Step 2" work. The Engineer's
services will also include, but not be limited to the following:
1. Make field survey and prepare description of easements as necessary for
design and for general description of easements or property required.
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 laboratory
testing as are necessary for the design of the project.
3. Design the various units and items of improvements in accordance with
recognized engineering practice and the applicable criteria of local,
State, and Federal authorities. The Engineer is not required to include
detailed design for alternate bids (i.e., alternate processes or struc-
tures or equipment).
4. Confer with representatives of the City, other local authorities,
representatives of the Texas Water Quality Board and the Environmental
Protection Agency and other State and Federal agencies, as necessary
for satisfactory completion of the "Step 2" work for the project.
5. Review the contract phases proposed in the Facility Plan to reaffirm the
desirability or make modifications as might be appropriate or desirable
to the City for the phasing of construction.
6. 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 recom-
mended construction contracts.
7. Prepare detailed cost estimates of authorized construction for each
separate construction contract. The Engineer is not required to guarantee
that the work as finally designed will be within the preliminary estimates
shown in the Facility Plan, nor that the construction bids will be within
the final detailed cost estimates.
8. Prepare, in outline form, five copies of Preliminary Plan of Operation
Manual.
9. Travel in Corpus Christi and its environs, to State and Federal offices,
as necessary for design and for conferences reasonably required for
project reviews and advancement.
10. Perform such other services as are required of the Engineer for "Step 2"
under Federal regulations in effect as of the date of this agreement.
SECTION C. COMPENSATION
1. The City shall compensate the Engineer for services rendered based on
the fixed fee method. The total fee will be Two Hundred Thirty-five
Thousand ($235,000) for the design of improvements proposed in the
Facility Plan dated October, 1981.
2. Payment shall be made as follows:
a. After commencing the work, the Engineer may invoice the City on a
monthly basis for partial completion as provided in Appendix C-1,
EPA Required Provisions attached hereto.
b. Interim payments shall not exceed 90% of the value of the work
actually complete.
c. Request for interim payments must be supported by personnel time
summaries, invoices or pther supportive documentation.
d. No payment will be made to the Engineer unless work progress has
been approved by the City.
e. Statements as invoices will be paid by the City within 30 days, if
not questioned as to correctness.
f. 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.
g.
Upon satisfactory completion of the work by the Engineer and sub-
mission of the"Step 2" work to the Texas Water Quality Board and
EPA for review, a maximum payment of 907 of the value of work
actually performed will be paid by the City to the Engineer.
h. Final payment will be made to the Engineer by the City upon written
approval of the "Step 2" 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 or decreased
cost for performance.
4. It is understood and agreed that the Engineer may make minor variation
from the preliminary details suggested in the Facility Plan, provided
the completed design is satisfactory to the City and EPA.
SECTION E. COOPERATIVE SERVICES
1. Where the Engineer determines, and the City concurs, that pilot plant
studies are needed, such facilities shall be designed by the City and
the City will provide for construction, installation, and operation with
its own forces under the supervision of the Engineer.
2. Where wastewater sampling and testing are requested by the Engineer to
assist in the design, the City will provide the necessary laboratory
services.
3. Where the Engineer requests temporary modifications of plant operational
procedure to assist in the design, the City will cooperate to the fullest
practical extent.
4. The City will provide to the Engineer copies or prints of plans, speci-
fications, and other existing information on existing facilities as may
be requested and reasonably related to the design.
5. The City and the Engineer will provide prompt review and respondence to
requests ,and submission made by each to the other.
6. The Engineer will cooperate with the City's staff and other consultants,
where mutual coordination of planning activities are required for
inter -related problems.
SECTION F. AUTHORIZATION TO PROCEED
After execution of this contract the City will within a reasonable time issue
to the Engineer full authorization to proceed with the work as described herein. It
is understood that this Agreement is subject to approval by the Environmental
Protection Agency. Should the Engineer elect to proceed previous to receiving such
authorization, such shall not in any way invalidate his rights to compensation should
the authorization be subsequently issued.
SECTION G. TIME OF COMPLETION
The Engineer shall complete the above described "Step 2" work no later than
five (5) months after authorization to proceed is issued by the City. Any major
requirement to alter the time for performance will be considered under Section D,
Modification of Project Work as described above.
SECTION H. ACTS OF GOD, ETC.
Neither party shall hold the other responsible for damages or delay in perform-
ance caused by acts of God, strikes, lockouts, accidents or other events beyond the
control of the other or the other's employees or agents.
SECTION I. 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 staff
or to outside subcontractors or to professional associates (and their employees)
working under the Engineer's direction. In the event of the termination of 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 consent of the City.
SECTION J. 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 K. APPLICABILITY
This Amended Contract shall apply only to Design Phase or "Step 2" services
for the "expansion of the Allison Wastewater Treatment Plant", and all other pro-
visions of the previous contracts and amendments shall remain in full force and
effect unless otherwise amended. The City and the Engineer recognize and agree
that an additional amendment will be necessary at such times as the City applies
for a "Step 3" Grant under P.L. 92-500. The services to be performed and the payment
for such services will be negotiated at the appropriate future date.
EXECUTED IN DUPLICATE, each of which shall be considered an original, this
the day of 1982.
ATTEST: THE CITY OF CORPUS CHRISTI
City Secretary Edward A. Martin, City Manager
APPROVED AS TO LEGAL FORM THIS
DAY OF 1982
Assistant City Attorney
ATTEST: URBAN ENGINEERING
By
James K. Lantos, P.E., Assistant City Mgr.
CITY OF CORPUS CHRISTI
DISCLOSURE OF OWNERSHIP INTERESTS
City of Corpus Christi Ordinance (17112) requires all persons (APPLICANT)
seeking to do business with the City to provide the following information
with their proposal. Every question must be answered. If the question is
not applicable, answer with "NA".
APPLICANT NAME
URBAN ENGINEERING
APPLICANT ADDRESS P. 0. Box 6355, 2725 Swantner, Corpus Christi, Texas 78411
APPLICANT is 1. Corporation ( ) 2. Partnership (x) 3. Sole Owner ( )
4. Association ( ) 5. Other ( )
Please answer the following questions on a separate attached sheet if
necessary.
SECTION 1 — CORPORATION
la. Names and addresses of all Officers and Directors of Corporation.
N/A
lb. Names and addresses of all shareholders of the Cor'poration owning
shares to or in excess of 3% of the proportionate ownership interest
and the percentage of each shareholder's interest. (Note: Corporations
which submit S.E.C. from 10k may substitute that statement for the
material required herein.)
N/A
SECTION 2 — PARTNERSHIP/ASSOCIATION/JOINT VENTURE
2a. The name, address, and percentage of interest of each partner whose
interest therein, whether limited or general, is equal to or in excess
of 3%.
EUGENE C. URBAN, SR.
LARRY J. URBAN
2b. Associations: The name and address of all officers, directors, and
other members with 3% or greater interest.
N/A
"Disclosure Statement"
Page 1 of 2
-
SECTION 3 - ALL APPLICANTS - ADDITIONAL DISCLOSURE
3a. Specify which, if any, interest disclosed in Section 1 or 2 are being
held by agent or trustee and give the name and address of principal
AND/OR by a trust and give the trust number, institution, name and
address of trustee or estate administrator, and name, address, and
percentage of interest in total entity.
N/A
3b. If any interest named in Section 1 or 2 is being held by a "holding"
corporation or other "holding" entity not an individual, state the
names and addresses of all parties holding more than a 3% interest in
that "holding" corporation or entity as required in 1(a), 1(b), 2(a),
and 2(b).
N/A
3c. If "constructive control" of any interest named in Section 1 or 2 is
held by another party, give name and address of party with constructive
control. ("Constructive control" refers to control established through
voting trusts, proxies, or special terms of venture or parnership
agreements.)
N/A
3d. If any interest named in Section
a member of the City Council, an
Commission appointed by the City
state the name, address, and wh
City Council, an employee, or a
N/A
1, 2, 3a, 3b, or 3c is being held by
employee, or a member of a Board or
of the City of Corpus Christi,
ther the i dividual is a member of the
Board or Co ission member.
unci
I have not withheld disclosure of any in erest .nown to me, f rmation
)
provided is accurate and current.
9-10-82
Title:
ATTEFT:
Date
z5/Z.
.1king
Si na ure of Perspn P eparing Statement
'-ti1 16,
Notary Public
"Disclosure Statement"
Page 2 of 2
't
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNS
(City Charter Article IV Section 21)
I certify to the City Council that $ 235
September 8, 1982
000 , the amount required
for the contract, agreement, obligation or expenditures
above and foregoing ordinance is in the Treasury of the
to the credit of:
Fund No. and Name
Project No.
Project Name
No. 250 Sanitary Sewer
250-77-17
contemplated in the
City of Corpus Christi
Bond Fund
Allison Wastewater Treatment Plant
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
/ , 19ez--
Corpus Christi, T as
day of .0;71.‘7, 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 is
introduced, or at the present meeting of the City Council. '
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the fol wing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
17254