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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