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HomeMy WebLinkAbout19738 ORD - 05/05/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE CONTRACT WITH URBAN ENGINEERING FOR STEP 1 ENGINEERING SERVICES RELATED TO THE EXPANSION OF THE WESTSIDE WASTEWATER TREATMENT PLANT TO PROVIDE FOR DESIGN OF THE PLANT'S EXPANSION TO 8MGD UNDER STEP 2 OF EPA'S CRITERIA; APPROPRIATING $675,000; 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 Amendment No. 1 to the contract with Urban Engineering for Step 1 engineering services related to the expansion of the Westside Wastewater Treatment Plan to provide for design of the plant's expansion to 8MGD under Step 2 of the EPA's criteria, all as more fully set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $675,000 from the No. 501 Sanitary Sewer Bond fund of which $663,000 is for the consultant award and $12,000 is for testing expenses associated with the design phase applicable to Project No. 501-86-2.1. 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 amendment 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 t ke effect upon firs A reading as an emergency measure this the , day of ,197 . ATTEST: Cl/ t Secretary APPROVED: 5 DAY OF /«l .t .( , 1987 HAL GEORGE, CITY ATTORNEY As Stant City At l.rney 05P.016.01 THE CITY OF CORPUS CHRISTI, TEXAS 19738 MICROFILMED • AMENDMENT NO. 1 TO THE CONTRACT FOR ENGINEERING SERVICES WESTSIDE WASTEWATER TREATMENT PLANT 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 Step 1 engineering services to be performed on the Westside Wastewater Treatment Plant, approved by the Corpus Christi City Council by Ordinance No. 19651 on Mai`ch 5, 1987: WHEREAS, the City 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 Water Development Board 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, and; WHEREAS, the City and the Engineer have acquainted themselves with said Federal regulations on procurement of professional services, and the Engineer has presented preliminary cost data to the City and has established a completion date of OCTOBER 1. 1987 , 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 Contract for Engineering Services for the Step 2 or Design phase of the Expansion of the Westside Wastewater Treatment Plant. NOW THEREFORE, the City and Engineer have agreed as follows: SECTION A. 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 Westside Wastewater Treatment Plant as defined in the "Facility Plan" as concurrently being 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: Page 1 of 7 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 an 8 M.G.D. wastewater treatment facility including odor control at the plant headworks and sludge processing, the renovation of the Arcadia Lift Station, and the force main from Arcadia Lift Station to the Westside Facility; all 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 structures or equipment). 4. Confer with representatives of the City, other local authorities, representatives of the Texas Water Development 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 recommended 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 Contract. Page 2 of 7 SECTION B COMPENSATION 1. The City shall compensate the Engineer for services rendered based on a lump sum. The total lump sum fee will be $ 663.000.00. . Should the City modify the project scope, by deletion of the proposed force main from the Arcadia Lift Station to the Westside Wastewater Treatment Plant, the total lump sum fee will be $ 621000.00. 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 evidenced by monthly statements submitted by the Engineer to the City. b. Interim payments shall not exceed 90% of the value of the work actually completed. c. No payment will be made to the Engineer unless work progress has been approved .by the City. d. Statements as invoices will be paid by the City within 30 days, if not questioned as to correctness. e. 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 Contract. f. Upon satisfactory completion of the work by the Engineer and submission of the "Step 2" work to the Texas Water Development Board and EPA for review, a maximum payment of 90% of the value of work actually performed will be paid by the City to the Engineer. g. Final payment will be made to the Engineer by the City upon written approval of the "Step 2" work by EPA. SECTION C. MODIFICATION OF THE PROJECT WORK 1. All modification shall be authorized in writing. 2. Such modifications shall take into consideration increased or decreased cost for performance. 3. 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. Page 3 of 7 SECTION D. COOPERATIVE SERVICES 1. Where the Engineer determines, and the City concurs, that pilot plant studies are needed, such.faciiities 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, specifications, 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 response 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 E. 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 Contract is subject to approval by the Environmental Protection Agency. Should the Engineer elect to proceed prior to receiving such authorization, such shall not in any way invalidate his rights to compensation should the authorization be subsequently issued. SECTION F. TIME OF COMPLETION The Engineer shall complete the above described "Step 2" work no later than October 1. 1987 . Any major requirement to alter the time for performance will be considered under Section C Modification of the Project Work as described above. Page 4 of 7 SECTION G. ACTS OF GOD. ETC, Neither party shall hold the other responsible for damages or delay in performance 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 H. ENGINEER'S LIABILITY Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents and consultants, for the accuracy and competence of their designs, working drawings, and specifications or other documents and work, nor shall such approval be • deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications-, or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. SECTION I. ASSIGNABILITY • The Enginer 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 Insure 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. ARBITRATION 1. Venue for any action under this Contract shall lie in Nueces County, Texas. 2. 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 our relating to this Contract or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Page 5 of 7 Arbitration Association then obtaining, subject to the limitations stated in Paragraphs 4 and 5 below. This Contract and any other Contract 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. 3. Notice of demand for arbitration must be filed 1n 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. 4. 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). • 5. No arbitration arising out of or relating to this Contract may include, by consolidation, joinder or to any other manner, any additional party not a party to this Contract. 6. By written consent signed by all the parties to this Contract and containing a specific reference hereto, the. limitations and restrictions contained in Paragraphs 4 and 5_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. Page 6 of 7 7. The award rendered by the arbitrators will be final, not subject to appeal, and judgment may be entered upon It in any court having jurisdication thereof. SECTION K. APPLICABILITY This Contract shall apply only to Design Phase or "Step 2" services for the "expansion of the Westside Wastewater Treatment Plant". The City and the Engineer recognize and agree that an additional contract 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 dates. SECTION L. OWNERSHIP OF DOCUMENTS Upon completion of the project (or upon termination of this Contract, if previously terminated), the Engineer shall furnish to the City, in a suitable container for filing, "record drawings", reproduced on linen or mylar drafting film from the original drawings, together with a correct and • legible set of specifications. All other terms and conditions of the contract shall remain in full force and effect. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 1987. ATTEST: City Secretary APPROVED:1 day of I l s 1, 1987 y Vi•k--� istant City At rney Eu9 elite, Urban, P.E. Partner CITY OF CORPUS CHRISTI By Craig A. McDowell, City Manager URBAN ENGINEERING Page 7 of 7 CITY OF CORPUS CHRISTI, 'IOW eFETIF'TCATICU OF FUNDS (City Charter Article IV Section 21) April 28, 1987 I certify to the City council that $ 675,000 , the amount required for the contract, agreenennt, obligation or expenditures cont fated in the above" and foregoing ordinance is in the areasuy of the City of corpus Christi to the credited!: - Fund No. and Name Project No. Sanitary Sewer Bond Fund No 506 501-86-2.1 Project Name Westside Plant Expansion from which it is proposed to be drawn, and suds money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 ,,.1� R-7-7/3(65, i3 (� /0 WA 07 -e, , 19_% Corpus Christi, Texas /0.4'h day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ,198 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 Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.045.01 MAYOR 1 THE CITY OF CORPUS CHRISTI, TEXAS was passed by the following vote: 13733