HomeMy WebLinkAbout19651 ORD - 02/25/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN
ENGINEERING FOR STEP 1 ENGINEERING SERVICES RELATED TO THE
EXPANSION OF THE WESTSIDE WASTEWATER TREATMENT PLANT;
APPROPRIATING $140,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with Urban Engineering for Step 1 engineering services related to the
expansion of the Westside Wastewater Treatment Plant, all as more fully set
forth in the agreement, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $140,000 from the
Sanitary Sewer Bond Fund, Project No. 250-82-3.01.
SECTION` 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned agreement at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall talse effect upon
fir$tk reAding as an emergency measure this the 5'01 day of
, 19g1
ATTEST:
City)1'151
Secretary
/d
Y MAYOR
APPROVED: 7" DAY OF
HAL GEORGE, CITY ATTORNEY
By
h
Assistant Cit 1i7 orney
03P.082.01
19 27
THE CITOF CORPUS CHRISTI, TEXAS
1S65lMICROFIMED
CONTRACT FOR ENGINEERING SERVICES
WESTSIDE WASTEWATER TREATMENT PLANT
STEP 1 SERVICES
STATE OF TEXAS
COUNTY OF NUECES
The City of Corpus Christi, hereinafter called "City", and Urban
Engineering, hereinafter called "Engineer", whether one or more, agree as
follows:
This contract is for a Facility Plan, Infiltration/Inflow Analysis,
Environmental Assessment Report, Innovative/Alternative Sludge Disposal
Study, Public Participation Program, and other elements related to Step 1 of
the construction grant process, which may be paid for in part with finanical
assistance from the United States of America acting through the
Environmental Protection Agency, hereinafter referred to as EPA, and the
Engineer agrees to perform the various professional engineering services
required in accordance with applicable EPA requirements in effect on the
date of execution of this contract.
This is a lump sum contract, and the Engineer and the City agree
that the completion of payment and performance under this contract is
subject to a grant from the U. S. Environmental Protection Agency authorized
to pay for the prescribed work. Neither the United States, U. S.
Environmental Protection Agency, State of Texas nor the Texas Water
Development Board is a party to this contract.
The Federal Clean Water Act as amended, hereinafter referred to as
the "Act", the Regulations of the U. S. Environmental Protection Agency, the
Texas Water Code and the Rules and Regulations of the Texas Water
Development Board, hereinafter referred to as TWDB, are incorporated herein
for all purposes and specifically made a part hereof.
1. SERVICES TO BE PERFORMED.
The Engineer hereby agrees, at his own expense, to perform all
engineering necessary to properly develop and complete the
items listed in Attachment A, and any other elements related to
Step 1 of the construction grant process relating to
improvements to the City of Corpus Christi Sanitary Sewer
System. The project is generally known as the
Westside Wastewater Treatment Plant.
Page 1 of 12
A. The Engineer shall be responsible for the professional
quality, technical accuracy, timely completion, and the
coordination of all reports and other services furnished by
the Engineer under this Contract. The Engineer shall, without
additional compensation, correct or revise any errors,
omissions or other deficiencies in his reports and other
services.
B. The Engineer shall perform such professional services as
may be necessary to accomplish the work required in
accordance with the terms of this Contract and applicable
EPA and TWDB requirements in effect on the date of
execution of this Contract.
C. Approval by the City, EPA and/or TWDB of services and
incidental contracting work or materials furnished hereunder
shall not in any way relieve the Engineer of responsibility
for the technical adequacy of his work. Neither the City's,
TWDB's nor EPA's review, approval or acceptance of, nor
payment for, any of the services shall be construed to
operate as a waiver of any rights under this Contract or of
any cause of action arising out of the performance of this
Contract.
D. The Engineer shall be and remain liable in accordance with
applicable law for all damages to the City, TWDB, or EPA
caused by the Engineer's negligent performance of any of the
services furnished under this Contract, except for errors or
deficiencies to the extent attributable to the City and City
furnished data. The Engineer shall not be responsible for any
time delays in the project caused by circumstances beyond
the Engineer's control. Where innovative and alternative
technologies are recommended by the Engineer and are
utilized, the Engineer shall be liable only for gross
negligence to the extent of such use.
E. The Engineer agrees to obtain and maintain at the Engineer's
expense, such insurance as will protect him and the City
from claims under the Workman's Compensation Act and from
all claims from bodily injury, death, or property damage
which may arise from the negligent performance by the
Engineer or by the Engineer's employees of the Engineer's
functions and services required under this Contract.
Page 2 of 12
4. TERMINATION
A. Either party may terminate this Contract, in whole or in part,
in writing, if the other party substantially fails to fulfill its
obligations through no fault of the terminating party.
However, no such termination may be effected unless the
other party is given (1) not less than ten (10) calendar days
written notice (delivered by certified mail, return receipt
requested) of intent to terminate and (2) an opportunity for
consultation with the terminating party before termination.
B. The City may terminate this Contract, in whole or in part, in
writing, for its convenience, if the termination is for good
cause (such as for legal or financial reasons, major changes
in the work or program requirements, initiation of a new
step) and the Engineer is given (1) not less than ten (10)
calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate, and (2) an
opportunity for consultation with the City before
termination.
C. If the City terminates for default, an equitable adjustment in
the price provided for in this Contract shall be made, but (1)
no amount shall be allowed for anticipated profit on
unperformed services or other work, and (2) payment due
to the Engineer at the time of termination may be adjusted to
the extent of any additional costs the City incurs because of
the Engineer's default. If the Engineer terminates for default
or if the City terminates for convenience, the equitable
adjustment shall include a reasonable profit for services or
other work performed. The equitable adjustment for any
termination shall provide for payment to the Engineer for
services rendered and expenses incurred before the
termination, in addition to termination settlement costs the
Engineer reasonably incurs relating to commitments
which had become firm before the termination.
D. Upon receipt of a termination action under paragraphs (A) or
(5) above, the Engineer shall (1) promptly discontinue all
services affected (unless the notice directs otherwise), and
(2) deliver or otherwise make available to the City all data,
drawings, specifications, reports, estimates, summaries, and
Page 4 of 12
such other information and materials as the Engineer may
have accumulated in performing this Contract, whether
completed or in process.
E. Upon termination under paragraphs (A) or (B) above, the City
may take over the work and prosecute the same to
completion by Contract with another party or otherwise. Any
work the City may take over for completion will be
completed at the City's risk, and the City will hold harmless
the Engineer from all claims and damages arising out of
improper use of the Engineers work.
F. If, after termination for failure of the Engineer to fulfill
contractual obligations, it is determined that the Engineer
had not so failed, the termination shall be deemed to have
been effected for the convenience of the City and for good
cause. In such event, adjustment of the price provides.
5. ARBITRATION
A. Except as may be otherwise provided in this Contract, or as
the parties hereto may otherwise agree, all claims,
counterclaims, disputes and other matters in question
between City and Engineer arising out of or relating to this
Contract or the breach thereof will be decided by arbitration
in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations stated in Paragraphs C
and D below. This Contract and any other agreement or
consent to arbitrate entered into in accordance therewith as
provided below will be specifically enforceable under the
prevailing law of any court having jurisdiction.
B. Notice of demand for arbitration must be filed in writing
with the other party to this Contract and with the American
Arbitration Association. The demand must be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event may the demand for
arbitration be made after the time when institution of legal
or equitable proceedings based on such claim, dispute or
other matter in question would be barred by the applicable
statute of limitations.
Page 5 of 12
C. All demands for arbitration and all answering statements
thereto which include any monetary claim must contain a
statement that the total sum or value in controversy as
alleged by the party making such demand or answering
statement is not more than $100,000 (exclusive of interest
and costs). The arbitrators will not have jurisdiction, power
or authority to consider or make findings (except in
denial of their own jurisdiction) concerning any claim,
counter -claims, dispute or other matter in question when the
amount in controversy thereof is more than $100,000
(exclusive of interest and costs) or to render a monetary
award in response thereto against any party which totals
more than $100,000 (exclusive of interest and costs).
D. No arbitration arising out of or relating to this Contract may
include, by consolidation, joinder or in any other manner, any
additional party not a party to this Contract.
E. By written consent signed by all the parties to this Contract
and containing a specific reference hereto, the limitations
and restrictions contained in Paragraphs C and D above may
be waived in whole or in part as to any claim, counter -claim,
dispute or other matter specifically described in such
consent. No consent to arbitration in respect of a
specifically described claim, counter -claim, dispute or other
matter in question will constitute consent to arbitrate any
other claim, counter -claim, dispute or other matter in
question which is not specifically described in such consent
or in which the sum or value in controversy exceeds
$100,000 (exclusive of interest and costs) or which is with
any party not specifically described herein.
F. The award rendered by the arbitrators will be final, not
subject to appeal, the judgment may be entered upon it in any
court having jurisdiction thereof.
6. PROJECT DESIGN
A. In the performance of this Contract, the Engineer shall, to
the extent practical, provide for maximum use of
structures, machines, products, materials, construction
methods, and equipment which are readily available through
Page 6 of 12
competitive procurement, or through standard or proven
production techniques, methods, and processes, except to
the extent to which innovative technology may be used.
B. The Engineer shall not, in the performance of the work under
this Contract, produce a design or specification which would
require the use of structures, machines, products, materials,
construction methods, equipment or processes which the
Engineer knows to be available only from a sole source,
unless the Engineer has adequately justified the use of a sole
source in writing.
C. The Engineer shall not, in the performance of the work under
this Contract, produce a design or specification which would
be restrictive in violation of the Clean Water Act. This
statute requires that no specification for bids or statement
of work shall be written in such a manner as to contain
proprietary, exclusionary, or discriminatory requirements
other than those based upon performance, unless such
requirements are necessary to test or demonstrate a specific
thing, or to provide for necessary inter -changeability of
parts and equipment, or at least two brand names or trade
names of comparable quality or utility are listed and are
followed by the words "or equal." With regard to materials,
if a single material is specified, the Engineer must be
prepared to substantiate the basis for the selection of the
material.
D. The Engineer shall report to the City any sole -source
or restrictive design or specification giving the reason or
reasons why it is necessary to restrict the design or
specification.
E. The Engineer shall not knowingly specify or approve the
performance of work at a facility which is in violation of
clean air or water standards and which is listed by the
Director of the EPA Office of Federal Activities.
F. The Engineer shall maintain and make available records on
EPA grant work under this Contract and until 3 years from
the date of final EPA grant payment for the project. In
addition, those records which relate to any "Dispute" appeal
under an EPA grant agreement, to litigation, to the
settlement of claims arising out of such performance, or to
Page 7 of 12
costs or items to which an audit exception has been taken,
shall be maintained and made available until 3 years after
the date of resolution of such appeal, litigation, claim, or
exception.
7. SUBCONTRACTS
A. Any subcontractors and outside associates or consultants
required by the Engineer in connection with services under
this Contract will be limited to such individuals or firms as
were specifically identified and agreed to by the City and the
Engineer.
8. LABOR STANDARDS
To the extent that this Contract involves "construction (as
defined by the Secretary of Labor), the Engineer agrees that such
construction work shall be subject to the following labor
standards provision, to the extent applicable:
A. Davis --Bacon Act
B. Contract Work Hours and Safety Standards Act
C. Copeland Anti -Kickback Act and
D. Executive Order 11246 (Equal Employment (Opportunity); and
all implementing rules, regulations, and relevant orders of
the Secretary of Labor or EPA. The Engineer further agrees
that this Contract shall include and be subject to the "Labor
Standards Provisions for Federally Assisted Construction
Contracts" in effect at the time of
execution of this Contract.
9. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with EPA policy the Engineer agrees that he
will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, or
national origin.
10.OWNERSFIIP OF DOCUMENTS
Original documents, plans, designs and survey notes
developed in connection with services performed hereunder
belong to, and remain the property of the Owner, in
Page 8 of 12
consideration of which it is mutually agreed that the Owner
will use them solely in connection with the Project, save
with the express consent of the Engineer. The Engineer may
retain reproducible copies of such documents. All such
subject data furnished by the Engineer pursuant to this
Contract are instrument of his services in respect of the
project. It is understood that the Engineer does not
represent such subject data to be suitable for reuse on any
other project or for any other purpose. If the City reuses the
subject data without the Engineer's specific written
verification or adaption, such reuse will be at the risk of
the City, without liability to the Engineer. Any such
verification or adaption will entitle the Engineer to further
compensation at rates agreed upon by the City and the
Engineer.
SECTION A -- TIME OF PERFORMANCE
The services of the Engineer under this Contract are to commence
on the date authorized in writing by the City following approval of this
Contract by TWDB. The engineering services shall be undertaken and
completed in accordance with Attachment B, Schedule of Completion Dates.
The City and the Engineer agree further that time is of the essence in this
Contract as to the Engineer's performance of each item of engineering
services listed in Attachment B, Schedule of Completion Dates. The
Engineer's failure to complete performance of any such item within its
period for completion as set out in Attachment B constitutes a breach of this
Contract; provided, however, that upon the Engineer's giving written notice
to the City at least 30 days prior to the end of the period for completion of
an item of engineering services, the period for completion of such item may
be extended by the City and the Engineer in accordance with the terms of this
Contract.
SECTION 6 - COMPENSATION FOR ENGINEERING SERVICES
In consideration of the Engineer's completion of each task of
engineering services within the respective period for completion of such
task set out in Attachment B and in accordance with the provisions of this
Contract, the City agrees to compensate the Engineer a lump sum of
$140.000.00.
Page 9 of 12
Partial payments for services shall be made monthly in proportion
to that part of the services which has been accomplished for each task, as
evidenced by monthly statements submitted by the Engineer to the City.
Final payment for services shall be payable upon TWDB approval of
each task of engineering services.
EXECUTED IN DUPLICATE, each of which shall be considered an original, this
day of , 1987.
ATTEST: CITY OF CORPUS CHRISTI
By-
City
y
City Secretary Craig A. McDowell, City Manager
APPROVED:— day of 1987
URBAN ENGINEERING
By
Assistant City Attorney
Partner
Page 10 of 12
ATTACf1ENT A
DETAILED SCOPE OF SERVICES - STEP 1
1. The Engineer will prepare a report following an
Infiltration/Inflow Analysis or the existing sewer system to determine
possible existence or nonexistence of excessive infiltration/inflow. The
analysis will be performed in accordance with current E.P.A. regulations and
other appropriate Federal Regulations and Guidelines. It is understood that
the Engineer will, under this agreement, attempt to prepare the
Infiltration/Inflow Analysis using existing and obtainable plant records and
visual collection system observations.
2. The Engineer will prepare a Facilities Plan and Environmental
Assessment in accordance with the current E.P.A. regulations and other
appropriate Federal Regulations and Guidelines.
3. The Engineer will prepare an Innovative/Alternative Sludge
Disposal Study in accordance with current E.P.A. Regulations, and other
appropriate Federal Regulations and Guidelines.
4. The Engineer will provide to TWDB sufficient information
regarding the proposed treatment works so that an archaelogical review can
be made to determine the projects impact on identified and unidentified
cultural resources.
5. The Engineer will participate in the development of a Public
Participation Program in accordance with current E.P.A. Regulations.
The above scope of engineering services will address the Westside
Wastewater Treatment Plant service area, and the re-routing of the Arcadia
Lift Station service area to the Westside W.W.T.P.
Page 11 of 12
ATTACHMENT B
SCHEDULE OF COMPLETION DATES
Step 1 of the Construction Grant process has been divided into the
four following phases based upon the Engineer submitting the three
identified reports. Each report has a corresponding date which the Engineer
has in which to complete the report. It is understood that
infiltration/inflow information will be obtained in the field, and should no
significant rainfall occur prior to April 1, 1987, a desk -top 1/1 study will be
performed using available data. Should the Engineer determine that the
described engineering services will not be completed in accordance with the
scheduled completion date, the Engineer should take such actions as
prescribed in Section A of this Contract
TASK COMPLETION DATE
Step 1
A. Infiltration/Inflow Analysis (with Evaluation June 1, 1987
Survey Plan of Study, if required) Report
completed and submitted to TWDB.
B. Innovative/Alternative Sludge Disposal June 1, 1987
Study completed and submitted to TWDB.
C. Environmental Assessment (including time for June 1, 1987
draft report, advertisement and hearing)
Final Report completed and submitted to TWDB.
D. Facility Plan Report completed and submitted June 1, 1987
to TWDB.
Page 12 of 12
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICMCN OF FUNDS '
(City Charter Article IV Section 21)
February 23, 1987
I certify to the City Council that $ 140,000 , 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
Project No.
No. 250 Sanitary Sewer Bond Fund
250-82-3.01
Project Name
Westside Plant Expansion
from which it is proposed to be drawn, and such money is not appropriated for any
otherpurpose.'
4 ,o1V ,195
FIN 2-55
Revised 7/31/69
/9 . #cp,g 4 g
Alp - Aia4/8
7
Corpus Christi, Texas
541 day of 1\40,1A , 1981
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; I/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
The above ordinance was pass
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
by the following vote:
9
19651