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