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HomeMy WebLinkAbout10319 ORD - 06/23/1971a, 6/23/71:e.. Kt F a l AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR PROFESSIONAL SERVICES IN CONNECTION WITH CONSTRUCTION OF SEWER FACILITIES IN PADRE ISLAND- CORPUS CHRISTI PROJECT, SAID FACILITIES TO INCLUDE A SEWAGE TREATMENT PLANT, INTERCEPTOR LINES, FORCE MAINS, AND LIFT STATIONS; APPROPRIATING $175,000 OUT OF NO. 102 GENERAL FUND FOR THE AFORESAID PROFES- SIONAL SERVICES; 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, and he is hereby authorized to execute a contract with Urban Engineering for pro- fessional services in connection with construction of sewer facilities in the Padre Island- Corpus Christi Project, said facilities to include a sewage treatment plant, interceptor lines, force mains, and lift stations, all as is more fully set forth in the contract, a copy of which, marked Exhibit "A ", is attached hereto and made a part hereof, specifically including the pro- vision which creates no obligation on the part of the City until such time as the Padre Island Investment Corporation has fully executed a contract and provided cash or a letter of credit to fully offset all costs to be incurred under the contract hereby authorized. SECTION 2. That there is hereby appropriated out of No. 102 General Fund the sum of $175,000 for the aforesaid professional services, provided the Padre Island Investment Corpo- ration furnishes to the City, prior to June 26, 1971, an irrevo- cable letter of credit payable to the City in the sum of $175,000 as approved by the City Attorney, and to be effective until final passage of the Ordinance approving a contract between the City and Padre Island Investment Corporation, first read on June 16, 1971, or until defeat or veto of said Ordinance. SECTION 3. The necessity to enter into the aforesaid agreement in order that plans may be formulated and construction of the sewer facilities in the Padre Island - Corpus Christi Project may be begun at the earliest practicable date in order to furnish J-0319 r sanitation facilities in an area presently without sewer facilities creates a public emergency and an imperative public necessity requiring the suspensioni�o£ the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- duction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordi- nance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage IT IS ACCORDINGLY SO ORDAINED, this the day of June, 1971. "T- ATTES • 7, Ve,,--jF-_4 /,,,_� 11 a 0 Ci y Secr y / YOR THE CITY 0 ORPUS CHRISTI, TEXAS APPROVED: 23RD AY O UN 1971: City Attorney CONTRACT FOR ENGINEERS' SERVICES THE STATE OF TEXAS X COUNTY OF NUECES X THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED "CITY" OR "OWNER" AND URBAN ENGINEERING, HEREINAFTER CALLED "ENGINEER ", WHETHER ONE OR MORE, AGREE AS FOLLOWS: - 1. SERVICES TO BE PERFORMED. THE ENGINEER HEREBY AGREES, AT HIS OWN EXPENSE, TO PERFORM ALL ENGINEERING OR RELATED ARCHITECTURAL SERVICES NECESSARY TO PROPERLY DEVELOP, CONSTRUCT AND COMPLETE THE FOLLOWING PROJECT: DESIGN OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF A SANITARY SEWAGE TREATMENT PLANT, TEN LIFT STATIONS, FORCE MAINS AND VARIOUS GRAVITY MAINS IN THE PADRE ISLAND- CORPUS CHRISTI PROJECT, NUECES COUNTY, TEXAS. IT IS CONTEMPLATED THAT A PRELIMINARY CONFERENCE BETWEEN THE CITY AND THE ENGINCCR SMALL OUTLINE THE DETAILS OF THE PROJECT AND IF DESIRED BY THE CITY, DIVIDE THE PROJECT INTO SEPARATE STAGES, WITH THE ENGINEER PROCEEDING WITH THE WORK ON SUCH STAGE OR STAGES AS DIRECTED IN ACCOR- DANCE WITH WRITTEN ORDER AS MAY BE DETERMINED AT SAID CONFERENCE. THE SERVICES OF THE ENGINEER SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOL- LOWING: A. PRELIMINARY PHASE: SCOPE OF BASIC SERVICES: 1. PARTICIPATION IN PRELIMINARY CONFERENCES WITH THE OWNER REGARDING THE PROJECT; Z. PREPARATION OF PRELIMINARY ENGINEERING STUDIES DIRECTLY RELATED TO AND PART OF THE PRELIMINARY DESIGN WORK BEING CONSIDERED; 3. PREPARATION OF SIX COPIES OF PRELIMINARY LAYOUTS, SKETCHES AND REPORT, WHERE APPLICABLE, AND THE ENGINEERS SPECIFIC RECOMMENDATIONS; 4. PREPARATION OF TENTATIVE COST ESTIMATES OF THE PROPOSED CONSTRUCTION. B. DESIGN PHASE: SCOPE OF BASIC SERVICES: 1. FIELD-SURVEYS FOR DESIGN OF STRUCTURES OF LIMITED AREA, SUCH AS BUILDINGS, BUT NOT TO INCLUDE CLEARING OR SURVYES OUTSIDE OF AREA OF STRUCTURE; z7 �/ iI .1 2. PLANNING ANY SOIL BORINGS OR SUBSURFACE EXPLORATIONS OR ANY SPECIAL SURVEYS AND TESTS WHICH MAY BE REQUIRED FOR DESIGN, ARRANGING FOR SUCH WORK TO BE DONE DIRECTLY FOR OWNER'S ACCOUNT, AND ENGINEERING INTERPRETATION OF RESULTS OF SUCH INVESTIGATIONS; 3. FURNISHING TO THE OWNER, WHERE APPLICABLE, THE ENGINEER- ING DATA NECESSARY FOR APPLICATIONS FOR PERMITS REQUIRED BY LOCAL, STATE AND FEDERAL AUTHORITIES; 4. PREPARATION OF DETAILED CONTRACT DRAWINGS IN PENCIL ON PAPER AND SPECIFICATIONS FOR CONSTRUCTION AUTHORIZED BY THE OWNER; S. PREPARATION OF DETAILED COST ESTIMATES AND BIDDERS' PROPOSAL FORMS FOR AUTHORIZED CONSTRUCTION; 6. FURNISHING FIVE COPIES OF PLANS AND 30 SETS OF SPECIFI- CATIONS, NOTICE TO BIDDERS, AND BIDDERS' PROPOSALS; ADDITIONAL COPIES OF PLANS, IF REQUESTED BY CITY, SHALL BE FURNISHED AT ENGINEERTS COST OF REPRODUCTIONS; 7. ASSISTANCE TO THE OWNER IN SECURING BIDS; H. ASSISTANCE IN THE TABULATION AND ANALYSIS OF BIDS AND FURNISHING RECOMMENDATIONS ON THE AWARD OF CONSTRUCTION CONTRACTS; 9. ASSISTANCE IN THE ENGINEERING PHASES OF THE PREPARATION OF FORMAL CONTRACT DOCUMENTS FOR THE AWARD OF CONTRACTS. C. CONSTRUCTION PHASE: SCOPE OF BASIC SERVICES: 1. PERFORMING GENERAL SUPERVISION AND ADMINISTRATION OF AUTHORIZED CONSTRUCTION (AS DISTINGUISHED FROM CON- TINUOUS RESIDENT FIELD INSPECTION), INCLUDING PERIODIC VISITS TO THE ENGINEER OR A COMPETENT REPRESENTATIVE OF THE ENGINEER TO THE SITE OF CONSTRUCTION. IN THE ADMINISTRATION OF THE PROJECT, THE ENGINEER WILL EN- DEAVOR TO PROTECT THE OWNER AGAINST DEFECTS AND DEFI- CIENCIES IN THE WORK OF CONTRACTORS BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS; 2. CONSULTATIONS AND ADVICE WITH THE OWNER DURING CON- STRUCTION; 3. CHECKING OF SHOP AND WORKING DRAWINGS FURNISHED BY CONTRACTORS; A. REVIEW OF LABORATORY, SHOP AND MILL TESTS OF MATERIALS AND EQUIPMENT; S. PREPARATION OR REVIEW OF MONTHLY AND FINAL ESTIMATES FOR PAYMENTS TO CONTRACTORS; 6. SUPERVISION OF INITIAL OPERATION OF THE PROJECT, OR OF PERFORMANCE TESTS REQUIRED BY SPECIFICATIONS; 7. MAKING A FINAL INSPECTION OF THE PROJECT; -2- 6/18/71 8. REVISION OF CONTRACT DRAWINGS, WITH THE ASSISTANCE OF THE RESIDENT ENGINEER, TO SHOW THE WORK AS ACTUALLY CONSTRUCTED WHICH DOES NOT REQUIRE FIELD WORK OR MEASUREMENTS FOR THIS PURPOSE OR REDRAWING OF SHEETS. D. RESIDENT INSPECTION: SHOULD THE CITY ELECT, THE SERVICES OF A RESIDENT ENGINEER AND /OR INSPECTOR FOR CONTINUOUS ON -THE -SITE INSPECTION DURING CONSTRUCTION WILL BE PROVIDED AT A SALARY COST TIMES A FACTOR OF 2.22 PLUS REIMBURSEMENT FOR NON-LABOR EXPENSE AND SUB- CONTRACT EXPENSES AT INVOICE COST'PLUS 10 %, ALL AS SET OUT AND DEFINED IN THE MANUAL OF PROFESSIONAL PRACTICE. E. CONSTRUCTION STAKING: SHOULD THE CITY ELECT, THE CONSTRUCTION STAKING WILL BE PROVIDED AT A SALARY COST TIMES A FACTOR OF 2.22 PLUS REIMBURSEMENT FOR NON LABOR EXPENSE AT INVOICE COST PLUS '10% 'AS -SET OUT IN THE MANUAL OF PROFESSIONAL PRACTICE. 2. COST OF THE PROJECT - PRELIMINARY ESTIMATE. THE CITY HAS ESTIMATED THE COST OF THE PROJECT TO BE THE SUM OF TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,80O,000.00) FOR THE CONSTRUCTION OF THIS PROJECT, EXCLUSIVE OF ENGINEERING AND LEGAL EXPENSES. THE ENGINEER SHALL MAKE SUCH REVISIONS IN THE PRELIMINARY PLANS AS MAY BE REQUIRED TO REDUCE THE ESTIMATED COST TO COME WITHIN THE LIMIT OF FUNDS AVAILABLE TO AND ALLO- CATED BY THE CITY FOR THE PROJECT OR TO SUCH GREATER SUM AS THE CITY SHALL CONSIDER ACCEPTABLE. THE CITY SHALL NOT BE OBLIGATED TO ACCEPT THE PRE- LIMINARY PLANS AND DRAWSINGS UNTIL THIS IS DONE. IN THE EVENT THE PROJECT IS DIVIDED INTO STAGES AT SAID PRELIMINARY CONFERENCES SAID ESTIMATED SUM SHALL BE PRORATED AMONG THE STAGES AS DETERMINED AT SAID CONFERENCE. 3. COST OF THE PROJECT - FINAL BIDS. THE ENGINEER SHALL ENDEAVOR SO TO DESIGN THE PROJECT THAT ITS TOTAL COST WILL NOT EXCEED THE ESTIMATED AMOUNT STATED IN THE FOREGOING PARAGRAPH, OR IF A GREATER SUM IS AUTHORIZED BY THE CITY AT THE TIME OF ITS APPROVAL OF THE PRELIMINARY PLANS AND DRAW- INGS, NOT IN EXCESS OF THAT AMOUNT. IF AT THE TIME BIDS ARE RECEIVED NO BID IS RECEIVED WITHIN THIS LIMITATION IN AMOUNT, THE CITY MAY REQUIRE THE ENGINEER TO MAKE SUCH REVISIONS IN THE PLANS AND SPECIFICATIONS AS MAY BE NECESSARY TO REDUCE THE TOTAL COST OF CONSTRUCTION TO THE ESTIMATED AMOUNT. THIS SHALL NOT BE CONSTRUED TO REQUIRE THE ENGINEER TO MAKE ANY -3- SUCH REVISIONS IF HIS PLANS AND SPECIFICATIONS WOULD COMPLY WITH THE PROVI- SION OF THIS PARAGRAPH EXCEPT FOR INCREASES IN THE COSTS OF LABOR OR MATERIALS DURING THE PERIOD ELAPSING BETWEEN THE COMPLETION OF PRELIMINARY PLANS AND THE OPENING OF BIDS. 4. FEE. THE OWNER WILL PAY TO THE ENGINEER A FEE OF SIX AND ONE QUARTER PERCENT (6- 1/4`�o OF THE CONTRACT PRICE FOR THE CON- STRUCTION OF THE PROJECT; OR SUCH STAGES OR PHASES OF STAGES THEREOF AS HAVE BEEN AUTHORIZED, WHICH SHALL CONSTITUTE COMPLETE COMPENSATION FOR ALL SERVICES WHICH HE AGREES TO PERFORM IN THIS CONTRACT. "CONSTRUCTION COST" IS DEFINED AS THE TOTAL COST TO THE OWNER FOR THE EXECUTION OF THE WORK AUTHORIZED AT ONE TIME AND HANDLED IN EACH SEPARATE PHASE OF ENGINEERING SERVICES, EXCLUDING FEES OR OTHER COST FOR ENGINEERING AND LEGAL SERVICE, THE COST OF LAND, RIGHT —OF —WAY, LEGAL AND ADMINISTRATIVE EXPENSES; BUT INCLUDING THE DIRECT COST TO THE OWNER OF ALL CONSTRUCTION CONTRACTS, ITEMS OF CONSTRUCTION, INCLUDING LABOR, MATERIALS AND EQUIPMENT, REQUIRED FOR THE COMPLETED WORK (INCLUDING EXTRAS) AND THE TOTAL VALUE AT SITE OF PROJECT OF ALL LABOR, MATERIALS AND EQUIPMENT PURCHASED OR FURNISHED DIRECTLY BY THE OWNER FOR THE PROJECT. THIS FEE SHALL BE PAYABLE AS FOLLOWS: A. 20% OF THE BASIC FEE OF 6 -1/4 PERCENT UPON COMPLETION AND ACCEPTANCE BY THE CITY OF THE PRELIMINARY PLANS, SKETCHES, AND COST ESTIMATES, MEETING THE REQUIRE- MENTS OF PARAGRAPHS IA AND 2 ABOVE. THIS PORTION OF THE FEE WILL BE BASED ON THE ESTIMATED AMOUNT OF THE CONTRACT OR ON THE PRELIMINARY ESTIMATE OF COST, WHICHEVER IS THE LESSER AMOUNT. PARTIAL PAYMENTS FOR SERVICES SHALL BE MADE MONTHLY IN PROPORTION TO THAT PART OF THE SERVICES IN THE PRELIMINARY PHASE WHICH HAS BEEN ACCOMPLISHED AS EVIDENCED BY MONTHLY STATE- MENTS SUBMITTED BY THE ENGINEER AND APPROVED BY THE DIRECTOR OF PUBLIC WORKS. B. AN ADDITIONAL 65% OF THE BASIC FEE OF 6 -1/4 PERCENT UPON THE COMPLETION AND ACCEPTANCE BY THE CITY OF DETAILED FINAL PLANS AND SPECIFICATIONS MEETING THE REQUIREMENTS OF PARAGRAPHS 1B AND 3 ABOVE OF SUCH STAGES AS HAVE BEEN AUTHORIZED. IF BIDS HAVE NOT BEEN SOLICITED BY 90 DAYS AFTER THE COMPLETION OF DETAILED PLANS AND SPECIFICATIONS TO WHICH THE CITY HAS NO REASONABLE OBJECTION, THIS 6570 OF THE FEE SHALL BE PAYABLE AT THAT TIME. IN THIS EVENT IT WILL BE BASED ON THE ESTIMATED AMOUNT OF THE CONTRACT OR ON THE DETAILED CONSTRUCTION COST ESTIMATED, WHICHEVER IS THE LESSER AMOUNT. PARTIAL PAYMENTS FOR SERVICES IN THE DESIGN PHASE SHALL BE MADE: MONTHLY BASED ON THE ENGINEER'S ESTIMATE OF THE "CONSTRUCTION COST" OF THE —4— WORK. PAYMENTS WILL BE MADE IN PROPORTION TO THAT PART OF THE SERVICES IN THE DESIGN PHASE WHICH HAS BEEN AC- COMPLISHED, AS EVIDENCED BY MONTHLY STATEMENTS SUBMITTED BY THE ENGINEER AND APPROVED BY THE DIRECTOR OF PUBLIC WORKS. FINAL PAYMENT FOR SERVICES AUTHORIZED IN TI4E DESIGN PHASE, PLUS THE ADJUSTED FEE FOR THE PRELIMINARY PHASE, SHALL RE DUE UPON THE COMPLETION OF THESE SERVICES, BASED ON THE "CONSTRUCTION COST" AS DEFINED ABOVE. C. 15% OF THE BASIC FEE OF 6 -1/4 PERCENT SHALL BE PAID DURING THE COURSE OF CONSTRUCTION IN MONTHLY PAYMENTS. EACH MONTHLY PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON THE CONSTRUCTION CONTRACT WHICH IS THE SAME AS 157. OF THIS SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST. 5. TERMINATION OF CONTRACT. THE CITY MAY AT ANY TIME, WITH OR WITHOUT CAUSE, TERMINATE THIS CONTRACT. IN THIS EVENT THE ENGINEER SHALL BE COMPENSATED FOR HIS SERVICE ON ALL STAGES AUTHORIZED AS FOLLOWS: A. IF TERMINATION OCCURS PRIOR TO THE FINAL COMPLETION AND APPROVAL OF THE DRAWINGS AND SPECIFICATIONS, THE ENGINEER SHALL BE PAID A REASONABLE COMPENSATION FOR THE SERVICES ACTUALLY RENDERED BY HIM IN ACCORDANCE WITH THE ABOVE DESCRIBED SCHEDULE OF FEES AND IN PROPORTION TO THE AMOUNT • OF WORK DONE ON SUCH STAGE OR PHASE OF STAGES AS HAVE BEEN AUTHORIZED. B. IF TERMINATION OCCURS AFTER FINAL COMPLETION AND APPROVAL OF THE DRAWINGS AND SPECIFICATIONS, THE FEE OF THE ENGINEER SHALL BE 50% OF THE BASIC FEE BASED ON ENGINEER'S CONSTRUC- TION ESTIMATE SUBMITTED WITH,THE DESIGN PHASE, PLUS THE FEE PAID FOR THE PRELIMINARY PHASE, LESS THE CREDIT AS AFORE - DESCRIBED. C. IF TERMINATION OCCURS AFTER THE LETTING OF THE CONTRACT, BUT PRIOR TO FINAL COMPLETION OR ACCEPTANCE BY THE CITY, THE FEES OF THE ENGINEER SHALL BE COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 4 OF THIS CONTRACT TO THE DATE OF TERMINATION. D. THE FOREGOING SHALL NOT BE CONSTRUED TO REQUIRE THE CITY TO COMPENSATE THE ENGINEER FOR ANY SERVICES NOT PERFORMED IN A PROPER PROFESSIONAL MANNER SUITABLE FOR USE IN THE CONSTRUCTION OF THE PROJECT CONTEMPLATED BY THE PARTIES TO THIS AGREEMENT. E. IF THE ENGINEER SHOULD BE UNABLE TO COMPLETE THIS CONTRACT DUE TO DEATH, ILLNESS, OR ANY OTHER CAUSE BEYOND HIS REASON- ABLE CONTROL, HE OR HIS ESTATE SHALL BE COMPENSATED IN THE MANNER SET FORTH ABOVE. 6. TECHNICAL ASSISTANCE AND CONSULTATIONS. THE CITY SHALL NOT PAY THE FEES OF EXPERT OR TECHNICAL ASSISTANCE AND CONSULTANTS -5- G/ 18/71 UNLESS SUCH EMPLOYMENT, INCLUDING THE RATE OF COMPENSATION, HAS BEEN APPROVED IN WRITING BY THE CITY. 7. TIME AND ORDER OF ENGINEER'S SERVICES. THE ENGINEER SHALL FURNISH THE DOCUMENTS AND PERSONALLY RENDER OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TIMES AS MAY BE NECESSARY TO INSURE THE PROMPT AND CONTINUOUS DESIGN AND CONSTRUCTION OF THE PROJECT. THE ENGINEER AGREES TO FURNISH THE PRELIMINARY STUDIES FOR APPROVAL OF THE CITY NOT LATER THAN 45 CALENDAR DAYS AFTER THE DATE OF WRITTEN REQUEST BY THE CITY -FOR SAID STUDIES AND TO FURNISH THE COMPLETED DRAWINGS AND SPECIFICATIONS FOR FINAL APPROVAL OF THE CITY NOT LATER THAN 100 CALENDAR DAYS AFTER APPROVAL OF THE PRELIMINARY PLANS AND WRITTEN AUTHORIZATION FROM THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH FINAL PLANS. 8. 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. IF THE ENGINEER IS A PARTNERSHIP, IN THE EVENT OF THE TERMINATION OF THE 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. 9. OWNERSHIP OF DOCUMENTS. UPON COMPLETION OF THE PROJECT ( OR UPON THE TERMINATION OF THIS CONTRACT, IF PREVIOUSLY TERMINATED) THE ENGINEER SHALL FURNISH TO THE CITY, IN A SUITABLE CONTAINER FOR FILING, "AS BUILT" PLANS, REPRODUCED ON LINEN OR PLASTIC DRAFTING FILM FROM THE ORIGINAL DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS. -6- 10. CONDITIONS PRIOR TO OPERATION. No WORK UNDER THIS CONTRACT SHALL BE COMME14CF,D UNTIL AUTHORIZED IN WRIT114G BY THE CITY MANAGER OF THE CITY. NO OBLIGATIONS AGAINST THE CITY SHALL BE CREATED OR BINDING UPON THE CITY PRIOR TO SUCH WRITTEN AUTHORIZATIONS AND SUBJECT TO EXECUTION OF WRITTEN AGREEMENT BY PADRE ISLAND INVESTMENT CORPORATION TO REIMBURSE THE CITY FOR ALL COSTS TO CITY INCURRED HEREUNDER. -6A- 6/18/71 EXECUTED IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS DAY OF .TUNE, 1971, THE CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY APPaROVED AS TO LEGAL FORM THIS �%� AY OF N 971: _ f/I , ITY ATTORNEY DIRECTOR OF FINANCE ATTEST: 1� -7- MARVIN TOWNSEND CITY MANAGER 6/18/71 ,THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE- GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF JUNE, 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS X COUNTY OF NUECES X EFORE M TH ND�E,RSp,IGGN,ED AUTHORITY, ON THIS DAY PERSONALLY APPEARED �JW GI,YV , KNOWN TO ME TO BE THE PERSON WHOSE NAME VS S BSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID URBAN ENGINEERING, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH FIRM FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS x DAY OF JUNE, 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -8_ AND LAST CITY OF CORPUS CHRISTI, TE M CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 28, 1971 I certify to the City Council that $ 175,000.00 , 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 102 General Project No. Activity 4241, Code 301 Project Name Padre Island Sanitary Sewer Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. �� M1 Directo of nance �73//7/_ ayf -�-'Y/ FIN 2 -55 Revised 7/31/69 COQ /R/PUS CHRISTI, TEXAS / �iJdDAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, V MAYOR THE CITY OF C R US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH IL THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK M 0 T 1 0 N AMENDING,AS HEREINAFTER SET FORTH, THE CONTRACT AUTHORIZED BY ORDINANCE READ AT FIRST AND SECOND READINGS ON JUNE 163 1971 AND -JUNE 23, 1971, AUTHORIZING EXECUTION OF A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION CONCERNING CONSTRUCTION OF A SEWAGE TREATMENT PLANT AND SEWAGE COLLECTION SYSTEM, TO BE LOCATED ON PADRE ISLAND: 1. THE SECOND PARAGRAPH OF PARAGRAPH I WHICH NOW READS: "NO REQUEST FOR DEDICATION OF SAID SEWAGE TREATMENT PLANT, INTERCEPTOR LINES AND ALL PERMANENT LIFT STATIONS SHALL BE MADE OF PADRE BY THE CITY UNTIL CONSTRUCTION OF SAME AS HEREINAFTER PROVIDED HAS BEEN COMPLETED." BE DELETED AND IN LIEU THEREOF, THE FOLLOWING PARAGRAPH BE SUBSTITUTED THEREFOR: "IT 15 UNDERSTOOD AND AGREED THAT SAID PLANT, LINES AND LIFT STATIONS SHALL CONSTITUTE PUBLICLY OWNED FACILITIES TO WHICH PADRE SHALL HAVE NO TITLE OR PROPRIETARY INTEREST." 2. THAT A SECOND PARAGRAPH BE ADDED TO PARAGRAPH IV TO READ AS FOLLOWS: "INITIALLY HEREUNDER A LETTER OF CREDIT OF THE SAME TENOR AS THAT OF JUNE 28, 1971 BY PARKDALE STATE BANK FOR PADRE IN FAVOR OF THE CITY IN THE TOTAL SUM OF $175,000 SHALL BE DELIVERED TO THE CITY ON OR BEFORE JULY 120 1971 AND SHALL REMAIN IN FORCE AND EFFECT UNTIL A) THIS CONTRACT IS CANCELLED OR RESCINDED BY ITS TERMS, OR B) THE PUBLIC LAW 660 APPLICATION IS DENIED OR THE GRANT REJECTED, WHICHEVER LAST OCCURS." 3. THAT PARAGRAPH XIII WHICH NOW READS: "PADRE DOES NOT BY THIS CONTRACT OBTAIN ANY RIGHTS TO USE OF EFFLUENT PRODUCED BY SAID TREATMENT PLANT BUT SUCH RIGHTS SHALL BE GOVERNED BY SUPPLEMENTAL AGREEMENT." BE AMENDED TO HEREAFTER READ AS FOLLOWS: "PADRE SHALL HAVE THE FIRST RIGHT OF USE OF EFFLUENT PRODUCED BY SAID PLANT AT THE CITY'S PREVAILING RATE THEREFOR AND ACCORDING TO THE CITY'S POLICY AT SUCH TIME OF USE." 4. THAT A PARAGRAPH XIV BE ADDED READING AS FOLLOWS: '9T IS UNDERSTOOD AND AGREED BY PADRE AND THE CITY THAT FOR THE PURPOSE OF SECURING STATE AND FEDERAL ASSISTANCE FOR THE CONSTRUCTION CON- TEMPLATED HEREIN THERE ARE ALTERNATIVE FINANCING PLANS AVAILABLE. IT IS AGREED THAT WHICHEVER FINANCE PLAN IS SELECTED BY MUTUAL CONSENT OF PADRE AND THE CITY PADRE SHALL PAY TO THE CITY THE FOLLOWING: IF THE FINANCING PLAN INVOLVES THE SALE OF BONDS THEN PADRE SHALL PAY ALL INTEREST CHARGES FINANCING COSTS AND ALL EXPENSES ARISING OUT OF OR INCIDENT TO SUCH SALE SERVICING AND RETIREMENT OF SUCH BONDS; IF THE FINANCING PLAN INVOLVES THE SALE OF BONDS BY ANY OTHER GOVERNMENTAL AGENCY OR BY ANY AUTHORITY CREATED UNDER THE STATUTES OF TEXAS OR BY ANY OTHER PERSON, CORPORATION PARTNERSHIP OR JOINT VENTURERS AND AS A RESULT OF SUCH SALE THE CITY IS OR BECOMES OBLIGATED TO RETIRE OR REPAY SUCH BONDS PADRE SHALL PAY TO THE CITY THE COSTS OF PRINCIPAL AND INTEREST PAYMENTS ON SUCH BONDS PLUS ANY CHARGES OF WHATEVER KIND THAT THE SELLER OF SUCH BONDS SHALL MAKE AGAINST THE CITY SUCH ASS BUT NOT LIMITED TOE EXPENSES DEBT SERVICE RESERVES AND ANY CHARGE WHICH REPRESENTS THE SELLER'S ADMINISTRATIVE OR OVERHEAD EXPENSES ATTRIBUTABLE TO THE BONDS. SUCH PAYMENT SHALL BE MADE WITHIN TEN (10) DAYS OF PRESENTATION OF BILL TO PADRE BY THE CITY. THE PROVISIONS OF THIS PARAGRAPH SHALL IN NO WAY LIMIT OR REDUCE THE OBLIGA- TIONS OF PADRE AS ELSEWHERE DESCRIBED IN THIS CONTRACT."