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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