HomeMy WebLinkAbout13256 ORD - 06/23/1976jkh:6- 23 -76; 1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE CONTRACT WITH URBAN ENGINEERING FOR ENGINEERING
SERVICES IN CONNECTION WITH PROPOSED IMPROVEMENTS TO THE
OSO WASTEWATER SYSTEM, WHICH AMENDMENT PROVIDES FOR A
SCOPE OF SERVICES TO CORRESPOND WITH THE CITY'S STEP 2
GRANT APPLICATION FOR PREPARATION OF CONSTRUCTION DRAW-
INGS AND SPECIFICATIONS, SPECIFIES A FIXED PRICE FEE AND
COMPLIES WITH CURRENT FEDERAL GUIDELINES WITH REGARD TO THE
PROCUREMENT OF ENGINEERING SERVICES; APPROPRIATING
$1,288,579 OUT OF THE NO. 250 SANITARY SEWER BOND FUND
FOR SAID ENGINEERING SERVICES, OF WHICH $106,472 IS
APPLICABLE TO PROJECT NO. 250- 70 -81, OSO PLANT SLUDGE
HANDLING EXPANSION, $668,210 IS APPLICABLE TO PROJECT
NO. 250- 70- 104,OSO PLANT EXPANSION, $185,719 IS
APPLICABLE TO PROJECT NO. 250 -72 -2, SARATOGA MAIN, AND
$328,178 IS APPLICABLE TO PROJECT NO. 250- 72 -18,
°McARDLE TRUNK AND OSO TRUNK REHABILITATION, BOTH THE
AUTHORITY TO EXECUTE THE AMENDMENT AND THE APPROPRIATION
OF FUNDS BEING SUBJECT TO CONCURRENCE IN AND APPROVAL BY
THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENTAL
PROTECTION AGENCY IN THE CITY'S STEP 2 GRANT APPLICATION
FOR IMPROVEMENTS TO THE OSO WASTEWATER SYSTEM, EPA
PROJECT NO. C- 48- 1214 -01 -0; 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 an amendment to the contract with Urban Engineering "for engineer-
ing services in connection with proposed improvements to the Oso Wastewater
System, which amendment provides for a scope of services to correspond with
the City's Step 2 Grant Application for preparation of construction drawings
and specifications, specifies a fixed price fee and complies with current
federal guidelines with regard to the procurement of engineering services.
SECTION 2. That there is hereby appropriated the sum of $1,288,579
out of the No. 250 Sanitary Sewer Bond Fund for said engineering services,
of which $106,472 is applicable to Project No. 250- 70 -81, Oso Plant Sludge
Handling Expansion; $668,210 is applicable to Project No. 250- 70- 104,Oso
Plant Expansion; $185,719 is applicable to Project No. 250 -72 -2, Saratoga Main;
and $328,178 is applicable to Project No. 250- 72 -18, McArdle Trunk and
Oso Trunk Rehabilitation, both the authority to execute the amendment and
the appropriation of funds being subject to concurrence in and approval by
the Texas Water Quality Board and the Environmental Protection Agency in the
City's Step 2 Grant Application for improvements to the Oso Wastewater
System, EPA Project No. C -48- 1214 -01 -0. dYI KOFILMED
13256 JUN 17 1980
SECTION 3. The necessity to authorize execution of the amendment
to the contract with Urban Engineering and to appropriate the necessary
sums as hereinabove set forth creates a public emergency and an imperative
public necessity requiring the suspension of 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 such emergency
and necessity to exist, and having requested the suspension of the Charter
rule and that this ordinance be passed finally on the date of its intro-
duction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the 4;Z3 day of June,
1976.
ATTEST:
City 'Secretary�'!/
M AP R VEB
DAY OF JUNE, 1976:
J. BRUCE AYCOCK, CITY ATTORNE
By
t City ttorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
. O
AMENDMENT NO. 2
TO THE
CONTRACT FOR ENGINEERING SERVICES
THE STATE OF TEXAS X
COUNTY OF NUECES X
The City of Corpus Christi, hereinafter called "City ", and Urban
Engineering, hereinafter called "Engineer ", whether one or more, agree to
the following amendments to the Contract for Engineering Services, approved
by Ordinance No. 11440 and executed April 16, 1973, as amended by Ordinance
No. 12499 and executed February 26, 1975;
WHEREAS, said contract included the provision of all engineering and
related services necessary to properly design, prepare plans and specifications
for the "Saratoga Main" with compensation based on a percentage of construc-
tion cost and,
WHEREAS, the City determined that it would increase the scope of the
Engineer's contract to include "an expansion of the Oso Sewage Treatment
Plant" and that it would seek Federal grant assistance under the Federal Water
Pollution Control Act Amendments of 1972, Public Law 92 -500 and the rules and
regulations thereto as administered by the Environmental Protection Agency,
and the City and the Engineers on the 26th day of February, 1975, executed an
Amendment to said Contract, changing the Scope of Services to include an
Infiltration/ Inflow Analysis, preparation of a Facility Plan, Environmental
Assessment, and other work required under "Step I" of the grant regulations,
and such services were performed and are represented in the elements of Step I
work, dated Play 10, 1976, as prepared by the Engineers, and
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WHEREAS, the City now desires to apply for similar Federal grant assis-
tance for "Step II ", generally including the detailed design and preparation of
plans and specifications, and it is required by the current grant regulations to
comply with certain guidelines for the procurement and method of payment for
engineering services, and to negotiate sub - agreements for engineering services
which include compliance with current criteria, guidelines, and regulations,
many of which were not contemplated in the contract of April 16, 1973, or the
amendment of February 26, 1975, and
WHEREAS, the City has been satisfied with the performance of the
Engineers in connection with Step I and desires that the Engineers continue
for the remainder of the project, and
WHEREAS, the City and the Engineers have acquainted themselves with
said Federal regulations on procurement of professional services, and the
Engineers have presented their cost data to the City and have identified
personnel and facilities required, special technical services required, the
extent of subcontracting contemplated, required time of completion, and esti-
mated costs for performing the "Step II" services, and after discussion and
negotiation, the City and the Engineers have agreed on the scope of services to
be performed and a fair and reasonable fee therefore, and have agreed to enter
into this Amended Contract for Engineering Services for the "Step II" or
"Design" Phase of the "Saratoga Main" and "expansion of the Oso Sewage Treat-
ment Plant ", yet leaving in force and effect all other provisions of said
Contract of April 16, 1973, and said Amendment of February 26, 1975, which do
not apply hereto;
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NOW THEREFORE, the City and Engineer agree as follows:
SECTION A. GENERAL PROVISIONS OF AGREEMENT
An appendix will be added to said contract and identified as Appendix A,
EPA - General Provisions which is from 40 CFR Part 35.965, Appendix C -1, a copy
of which is attached hereto and made a part hereof. The provisions of this
appendix shall supersede any section of the agreement in conflict therewith.
SECTION B. SERVICES TO BE PERFORMED
In consideration of the premises and the fees to be paid as hereinafter
described, the Engineers agree 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 improve-
ments to the Oso Wastewater System as defined in the "Facility Plan" as pre-
pared by the Engineers and consistent with EPA guidelines for "Step II" work.
The Engineers services will also include, but not be limited to the following:
1. Assist the City in preparing documents necessary for a "Step II"
Grant Application.
2. Make field survey and prepare description of easements as neces-
sary 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,
3. Establish the scope of soil investigations, borings, and labor-
atory testing as are necessary for the design of the project.
4. Furnish engineering data as is necessary for permits required by
local, State and Federal authorities and assist the City in the
application for such permits, as well as, acting as the City's
representative in obtaining said required permits.
5. Design the various units and items of improvements 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 pro-
cesses or structures or equipment).
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6. Confer with representatives of the City, other local authorities,
representatives of the Texas Llater Quality Board and the Environ-
mental Protection Agency and other State and Federal agencies, as
necessary for satisfactory completion of the "Step II" work for
the project.
7. 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.
8. 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.
9. Prepare detailed cost estimates of authorized construction for each
separate construction contract. The Engineers are 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.
10. Prepare, in outline form, five copies of preliminary operation and
maintenance manuals.
11. Provide engineering data and other assistance as needed to aid the
City in making application for grant assistance for "Step III"
construction.
12. 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.
13. Perform such other services as are required of the Engineer for
"Step II" under Federal regulations in effect as of the date of this
agreement.
SECTION C. COMPENSATION
1. The City shall compensate the Engineers for services rendered in
compliance with current EPA guidelines as defined in the Federal
Register, Vol. 40, No. 243, Wednesday, December 17, 1975. Payment
will be based on the "fixed price" method with the fixed price to
be One million two hundred eighty -eight thousand five hundred
seventy -nine dollars ($1,288,579.00) for the design of improve-
ments proposed in the Facility Plan dated May 10, 1976, as follows:
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2. For the preparation of construction drawings and specifications,
contract documents, and design summary, the following schedule
shall apply, in accordance with the scope of work specified in
the Facility Plan, dated May 10, 1976:
Items F & G (Lift Station 3
and Plant Force Main)
$ 110,669
Item L (Final Clarifiers)
219,888
Item QQ (Sludge Dewatering
Equipment and Building)
106,472
Items A through E, H through K,
M through V, X through PP and RR
and SS (to be known as "Primary
Contract ")
323,382
Item W (Roads and Walks)
14,271
Items TT through DID (Collection
System Upgrading)
185,719
Items EEE through GGG
(Sliplining)
328,178
TOTAL $ 1,288,579
3. Payment shall be made as follows:
a. After commencing the work, the Engineers may invoice the City
on a monthly basis for partial completion as provided in
Appendix A., EPA General Provisions attached hereto.
b. Interim payments shall not exceed 90% of the value of the
work actually complete.
C. Request for interim payments must be supported by personnel
time summaries, invoices or other supportive documentation.
d. No payment will be made to the Engineer unless work progress
has been approved by the City.
e. Statements as invoices will be paid by the City within 30
days, if not questioned as to correctness.
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f. 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 amendment.
g. Upon satisfactory completion of the work by the Engineer and
submission of the "Step II" work to the Texas Water Quality
Board and EPA foi review, a maximum payment of 90% of the
value of work actually performed will be paid by the City to
the Engineer.
h. Final payment will be made to the Engineer by the City upon
written approval of the "Step II" work by EPA.
SECTION D. MODIFICATION OF THE PROJECT WORK
1. All modification of the project scope shall be done in accordance
with Appendix A. — EPA General Provision attached hereto.
2. All modifications shall be authorized in writing.
3. Such modifications shall taken into consideration increased or de-
creased cost for performance.
4. 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.
SECTION E. COOPERATIVE SERVICES
1. Where the Engineers determine, and the City concurs, that pilot plant
studies are needed, such facilities shall be designed by the City
and the City will provide for construction, installation, and opera-
tion with its own forces under the supervision of the Engineers.
2. Where wastewater sampling and testing is requested by the Engineer
to assist in the design, the City will provide the necessary labor-
atory services.
3. Where the Engineers request temporary modifications of plant oper-
ational 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 Engineers will provide prompt review and respondence
to requests and submissions made by each to the other.
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6. The Engineers will cooperate with the City's staff and other
consultants, where mutual coordination of planning activities are
required for interrelated problems.
SECTION F. AUTHORIZATION TO PROCEED
After execution of this contract the City will within a reasonable time
issue to the Engineers full authorization to proceed with the work as described
herein. It is understood that this Agreement is subject to approval by the
Environmental Protection Agency. Should the Engineer elect to proceed previous
to receiving such authorization, such shall not in any way invalidate his rights
to compensation should the authorization be subsequently issued.
SECTION G. TIME OF C01METION
The Engineers shall complete the above described "Step II" work in
accordance with the Project Time Schedule as adopted by Ordinance No. _ _._, . _
dated June 23, 1975. Any major requirement to alter the time for performance
will be considered under Section D, Modification of Project work as described
above.
SECTION H. 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 I. ASSIGNABILITY
The Engineer shall not assign, transfer or delegate any of his obliga-
tions 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 inure to
the individual benefit of such partner or partners as the City may designate.
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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. REMEDIES
1. Venue for any action under this Agreement shall lie in Nueces County,
Texas.
2. The provisions for arbitration in paragraph 6. of Appendix C-1 shall
be applied only by mutual consent of the parties. Lacking such
mutual consent, disputes not reconcilable by negotiation shall be
settled according to law.
SECTION K. APPLICABILITY
This Amended Contract shall apply only to Design Phase or "Step II"
services for the "Saratoga Main" and "expansion of the Oso Sewage Treatment Plant ",
and all other provisions of the said Contract of April 16, 1973, and its Amend-
ment of February 26, 1975, and shall remain in full force and effect unless
otherwise amended. The City and the Engineer recognize and agree that an
additional amendment will be necessary at such time as the City applies for a
"Step III" Grant under P.L. 92 -500. The services to be performed and the payment
for such services will be negotiated at the appropriate future date.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this the day of , 1976.
ATTEST: THE CITY OF CORPUS CHRISTI
By:
City Secretary R. Marvin Townsend, City Manager
APPROVED AS TO LEGAL FORS THIS
DAY OF 1976
City Attorney Director of Finance
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ATTEST:
Eugene C Urban, P.E.
URB
By:
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AN NGINEE ING
I
vnU
Larry J. Urba P, .
G O
APPENDIX A
E.P.A. GENERAL PROVISIONS
MICROFILMED
JUN 181980
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UNITED STATE ENVIRONMENTAL PROTECTION AGENCY
APPENDIX C -1
REQUIRED PROVISIONS
CONSULTING ENGINEERING AGREEMENTS
1. General
2. Responsibility of the Engineer
3. Scope of Work
4. Changes
5. Termination
6. Remedies
7. Payment
B. Project Design
9. Audit; Access to Records
10. Price Reduction for Defective Cost or Pricing Data
11. Subcontracts
12. Labor Standards
13. Equal Employment Opportunity
14. Utilization of Small or Minority Business
15. Covenant Against Contingent Fees
16. Gratuities
17. Patents
18. Copyrights and Rights in Data
0
1. GENERAL
(a) The Owner and the Engineer agree that the following provisions shall
apply to the work to be performed under this agreement and that such provisions
shall supersede and govern any conflicting provisions of this agreement.
(b) This agreement is funded in part by a grant from the U. S. Environ-
mental Protection Agency. Neither the United States nor the U. S. Environmental
Protection Agency (hereinafter, "EPA ") is a party to this agreement. This agree-
ment Is subject to regulations contained in 40 CFR 35.936, 35.937, and 35.939.
2. RESPONSIBILITY OF THE ENGINEER
(a) The Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and the coordination of all designs,
drawings, specifications, reports, and other services furnished by the Engineer
under this agreement. The Engineer shall, without additional compensation,
correct or revise any errors or deficiencies in his designs, drawings, specifica-
tions, reports and other services.
(b) The Engineer shall perform such professional services as may be
necessary to accomplish the work required to be performed under this agreement,
in accordance with this agreement and applicable EPA requirements.
(c) Approval by the Owner or EPA of drawings, designs, specifications,
reports, and incidental engineering work or materials furnished hereunder shall
not in any way relieve the Engineer of responsibility for the technical adequacy
of the work. Neither the Owner'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 agreement or of any cause of action arising out of the
performance of this agreement, and the Engineer shall be and remain liable in
accordance with applicable law for all damages to the Owner or EPA caused by
the Engineer's negligent performance of any of the services furnished under this
agreement.
(d) The rights and remedies of the Owner provided for under this
agreement are In addition to any other rights and remedies provided by law.
3. SCOPE OF WORK
Except as may be otherwise specifically Ilmlted In this agreement, the
services to be rendered by the Engineer shall Include all services required
to complete the task or step in accordance with applicable EPA regulations
(40 CFR 35, Subpart E) .
4. CHANCES
(a) The Owner may, at any time, by written order, make changes
within the general scope of this agreement in the services or work to be
performed. If such changes cause an increase or decrease in the Engineer's
cost of, or time required for, performance of any services under this agree-
ment, whether or not changed by any order, an equ' table adjustment shal I
be made and this agreement shall be modified in writing accordingly. Any
claim of the Engineer for adjustment under this clause must be asserted in
writing within 30 days from the date of receipt by the Engineer of the
notification of change unless the Owner grants a further period of time before
the date of final payment under this agreement.
(b) No services for which an additional compensation will be charged
by the Engineer shall be furnished without the written authorization of the
Owner.
5. TERMINATION
(a) This agreement may be terminated in whole or In part in writing
by either party in the event of substantial failure by the other party to fulfill
its obligations under this agreement through no fault of the terminating party:
Provided, that no such termination may be effected unless the other party is
given (1) not less than ten (10) days written notice (delivered by certified mail,
return receipt requested) of intent to terminate and (2) an opportunity for
consultation with the terminating party prior to termination.
(b) This agreement may be terminated in whole or In part in writing
by the Owner for its convenience. Provided, that no such termination may be
effected unless the Engineer is given (1) not less than ten (10) days written
notice (delivered by certified mall, return receipt requested) of intent to
terminate and (2) an opportunity for consultation with the terminating party
prior to termination.
(c) If termination for default is effected by the Owner, an equitable
adjustment in the price provided for in this agreement shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services
or other work, and (2) any payment due to the Engineer at the time of termina-
tion may be adjusted to the extent of any additional costs occasioned to the
Owner by reason of the Engineer's default. If termination for default is effected
by the Engineer,',or if termination for convenience is effected by the Owner, 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 prior to the termination,
in addition to termination settlement costs reasonably Incurred by the Engineer
relating to commitments which had become firm prior to the termination.
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(d) Upon receipt of a termination action pursuant to paragraphs (a) or
(b) above, the Engineer shall (1) promptly discontinue all services affected
(unless the notice directs otherwise), and (2) deliver or otherwise make
available to the Owner all data, drawings, specifications, reports, estimates,
summaries, and such other information and materials as may have been
accumulated by the Engineer in pt rforming this agreement, whether completed
or in process.
(e) Upon termination pursuant to paragraphs (a) or (b) above, the
Owner may take over the work and prosecute the same to completion by
agreement with another party or otherwise.
(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 Owner. In such
event, adjustment of the price provided for in this agreement shall be made as
provided in paragraph (c) of this clause.
(g) The rights and remedies of the Owner and the Engineer provided
in this clause are In addition to arty other rights and remedies provided by law
or under this agreement.
6. REMEDIES
(a) Except as may be otherwise provided in this agreement, or as the
parties hereto may otherwise agree, all claims, counter - claims, disputes and
other matters in question between the owner and the Engineer arising out of or
relating to this agreement 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 par-
agraphs (c) and (d) below. This agreement 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 Tiled in writing with the
other party to this Agreement, with the EPA Regional Administrator and with
the American Arbitratiun 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 su,:h claim, dispute or
other matter in question would be barred by the applicable statute of limitations.
(c) All demands for arbitration and all answering statements thereto
which include any monetary claim rI u5t contain a stater rent that the total sum
or value in controversy as alleged by the party making such demand or answering
statement is not more than $200,000 (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 where the amount in
controversy thereof is more than $200, 000 (exclusive of interest and costs) or
to render a monetary award in response thereto against any party which totals
more than $200,000 (exclusive of interest and costs) .
(d) No arbitration arising out of, or relating to, this agreement may
include, by consolidation, joinder or in *any other manner, any additional
party not a party to this agreem,:..t.
(e) By written consent signed by all the parties to this agreement 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 $200,000 (exclusive of interest and costs) or
which is with any party not specifically described therein.
(f) The award rendered by the arbitrators will be final, not subject
to appeal, and judgment may be entered upon it in any court having jurisdiction
thereof.
7. PAYMENT
(a) The Engineer may submit monthly or periodic statements requesting
payment. Such requests shall be based upon the amount and value of the work
and services performed by the Engineer under this agreement, and shall be
prepared by the Engineer and supplemented or accompanied by such supporting
data as may be required by the Owner.
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(b) Upon approval of .uch payment request by the Owner, payment
upon properly certified vouchers shall be made to the Engineer as soon as
practicable of ninety percent of the amount as determined above, less all
previous payments: Provided, however, that if the Owner determines that the
work under this agreement or any specified task hereunder is substantially
complete and that the amount of retained percentages is in excess of the
amount considered by him to be adequate for the protection of the Owner, he
may at his discretion release to the Engineer such excess amount.
(c) Upon satisfactory completiur, by the Engineer of the work called
for under the terms of this agreement, and upon acceptance of such work by
the Owner, the Engineer will be paid the unpaid balance of any money due
for such work, including the retained percentages relating to this portion
of the work.
(d) Upon satisfactory completion of the work performed hereunder,
and prior to final payment under this agreement for such work, or prior
settlement upon termination of the agreement, and as a condition precedent
thereto, the Engineer shall execute and deliver to the Owner a release of
all claims against the Owner arising under or by virtue of this agreement,
other than such claims, if any, as may be spt— ifically exempted by the
Engineer from the operation of the release in stated amounts to be set forth
therein.
8. PROJECT DESIGN
(a) In the performance of this agreement, the Engineer shall, to the
extent practicable, provide for maximum use of structures, machines, products,
materials, construction methods, and equipment which are readily available
through competitive procurement, or through standard or proven production
techniques, methods, and processes, consistent with 40 CFR 35.936 -3 and
35.936 -13, except to the extent that advanced technology may be utilized
pursuant to 40 CFR 35.908,
(b) The Engineer shall not, in the performance of the work called for
by this agreement, produce a design or specification such as to require the use
of structures, machines, products, materials, construction methods, equipment,
or processes which are known by the Engineer to be available only from a sole
source, unless such use has been adequately justified in writing by the Engineer
as necessary for the minimum needs of the project.
(c) The Engineer shall not, in the performance of the work called for
by this agreement, produce a design or specification which would be restrictive
in violation of Sec. 204 (a) (6) of the Federal Water Pollution Control Act (PL 92 -500) .
This statute requires that no specification for bids or statement of work may be
written in such a manner as to contain proprietary, exclusionary, or discriminatory
requirements other than those based upoh performance, unless such requirements
are necessary to test or demonstrate a specific thing, or to provide for necessary
interchangeability 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."
(d) The Engineer shall report to the Owner any sole- source or
restrictive design or specification giving the reason or reasons why it is
considered 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 pursuant
to 40 CFR Part 15.
9. AUDIT; ACCESS TO RECORDS
(a) The Engineer shall maintain books, records, documents and other
evidence directly pertinent to performance on EPA grant work under this
agreement in accordance with accepted professional practice, appropriate
accounting procedures and practices, and 40 CFR Sections 30.605, 30.805,
and 35.935 -7. The Engineer shall also maintain the financial information and
data used by the Engineer in the preparation or support of the cost submission
required pursuant to 40 CFR 35.937 -6 (b) and a copy of the cost summary
submitted to the Owner. The United States Environmental Protection Agency,
the Comptroller General of the United States, the United States Department of
Labor, Owner, and (the State water pollution control agency) or any of their
duly authorized representatives shall have access to such books, records,
documents and other evidence for the purpose of inspection, audit and copying.
The Engineer will provide proper facilities for such access and Inspection.
(b) The Engineer agrees to include paragraphs (a) through (e) of this
clause in all his contracts and all tier subcontracts directly related to project
performance which are in excess of $10,000.
(c) Audits conducted pursuant to this provision shall be in accordance
with generally accepted auditing standards and established procedures and
guidelines of the reviewing or audit agency lies) .
� CD
(d) The Engineer agrees to the disclosure of all information and reports
resulting from access to records pursuant to paragraphs (a) and (b) above, to
any of the agencies referred to in paragraph (a) above. Where the audit concerns
the Engineer, the auditing agency will afford the Engineer an opportunity for an
audit exit conference and an opportunity to comment on the pertinent portions of
the draft audit report. The final audit repo: t will include the written comments,
if any, of the audited parties.
(e) Records under paragraphs (a) and (b) above shall be maintained
and made available during performance on EPA grant work under this agreement
and until three years from date of final EPA grant payment for the project. In
addition, those records which relate to any "Dispute" appeal under an EPA grant
agreement, or litigation, or the settlement of claims arising out of such perform-
ance, or costs or items to which an audit exception has been taken, shall be
maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
10. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
(The provisions of this clause are reclmred by EPA only if the amount of
this agreement exceeds $100,000.00. The Owner may elect to utilize this clause
if the contract amount is $100, 000 or less, )
(a) If the EPA Project Officer determines that any price, including profit
negotiated in connection with this agreement or any cost reimbursable under this
agreement was increased by any significant sums because the Engineer, or any
subcontractor furnished incomplete or inaccurate cost or pricing data or data not
current as certified in his certification of current cost or pricing data (EPA Form
5700 -41), then such price or cost or profit shall be reduced accordingly and the
agreement shall be modified in writing to reflect such reduction.
(b) Failure to agree on a reduction shall be subject to the "Remedies"
clause of this agreement.
(NOTE - Since the agreement is subject to reduction under this clause by
reason of defective cost or pricing data submitted in connection with certain
subcontracts, the Architect - Engineer may wish to include a clause in each such
subcontract requiring the subcontractor to appropriately indemnify the Architect-
Engineer. It Is also expected that any subcontractor subject to such indemnification
will generally require substantially similar indemnification for defective cost or
pricing data required to be submitted by his lower tier subcontractors. )
11. SUBCONTRACTS
(a) Any subcontractors and outside associates or consultants required
by the Engineer in connection with the services covered by this agreement will
be limited to such individuals or firms as were specifically identified and agreed
to during negotiations, or as are specifically approved by the Owner during the
performance of this agreement. Any substitution in such subcontractors,
associates, or consultants will be subject to the prior approval of the Owner.
(b) Except as otherwise provided in this agreement, the Engineer may
not subcontract services in excess of thirty percent (30 %) of the contract price
to subcontractors or consultants without prior written approval of the Owner.
12. LABOR STANDARDS
To the extent that this agreement involves "construction" (as defined by
the Secretary of tabor), the Engineer agrees that such construction work shall
be subject to the following labor standards provisions, to the extent applicable;
(a) Davis -Bacon Act (40 U.S.C. 276a- 276a -7);
(b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333);
(c) Copeland Anti - Kickback Act (18 U.S.C. 874); and
(d) Executive Order 11246 (Equal Employment Opportunity)
and implementing rules, regulations, and relevant orders of the Secretary of Labor
or EPA; and the Engineer further agrees that this agreement shall include and be
subject to the "Labor Standards Provisions for Federally Assisted Construction
Contracts" (EPA Form 5720 -4) in effect at the time of execution of this agreement.
13. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with EPA policy as expressed in 40 CFR Section 30.420 -5, 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.
14. UTILIZATION OF SMALL AND MINORITY BUSINESS
In accordance with EPA policy as expressed in 40 CFR 35.936 -7, the
Engineer agrees that qualified small business and minority business enterprises
shall have the maximum practicable opportunity to participate in the performance
of EPA grant- assisted contracts and subcontracts.
15. COVENANT AGAINST CONTINGENT FEES
The Engineer warrants that no person or selling agency has been employed
or retained to solicit or secure this contract upon an agreem� ot or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bonafide
employees. For breach or violation of this warranty the Owner shall have the
right to annul this agreement without liability or in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
16. GRATUITIES
(a) The Owner may, by written notice to the Engineer, terminate the
right of the Engineer to proceed under this agreement if it is found, after notice
and hearing, by the Owner that gratuities (in the form of entertainment, gifts,
or otherwise) were offered or given by the Engineer, or any agent or repre-
sentative of the Engineer, to any official or employee of the Owner or of EPA
with a view toward securing a contract or securing favorable treatment with
respect to the awarding or amending, or the making of any determinations with
respect to the performance of this agreement: Provided, that the existence
of the facts upon which the Owner makes such findings shall be in issue and
may be reviewed in proceedings pursuant to Clause 6 (Remedies) of this
agreement.
(b) In the event this agreement is terminated as provided in
paragraph (a) hereof, the Owner shall be entitled (1) to pursue the same
remedies against the Engineer as it could pursue in the event of a breach
of the contract by the Engineer, anu (2) as a penalty in addition to any other
damages to which it may be entitled by law, to exemplary damages in an
amount (as determined by the Owner) which shall be not less than three nor
more than ten times the costs incurred by the Engineer in providing any such
gratuities to any such officer or employee.
(c) The rights and remedies of the Owner provided In this clause
shall not be exclusive and are in addition to any rights and remedies provided
by law or under this agreement.
17. PATENTS
If this agreement involves research, developmental, experimental, or
demonstration work and any discovery or invention arises or is developed in
the course of or under this agreement, such invention or discovery shall be
subject to the reporting and rights provisions of Subpart D of 40 CFR Part 30,
Including Appendix B of said Part 30. In such case, the Engineer shall report
10
the discovery or invention to EPA directly or through the Owner, and shall
otherwise comply with the Owner's responsibilities in accordance with
Subpart D of 40 CFR Part 30. The Engineer hereby agrees that the disposition
of rights to invention, made under this agreement shall be in accordance with
the terms and conditions of aforementioned Appendix B. The Engineer shall
include provisions appropriate to effectuate the purposes of this condition In
all subcontracts involving research, developmental, experimental, or
demonstration work.
18. COPYRIGHTS AND RIGHTS IN DATA
(a) The Engineer agrees that any plans, drawings, specifications,
computer programs, technical reports, operating manuals, or other "Subject
Data" (as defined in Appendix C to 40 CFR Part 30) are subject to the rights
in the United States, as set forth in said Appendix C. including the right to
use, duplicate and disclose, such manuals, etc., in whole or in part, in any
manner for any purpose whatsoever, and have others do so. For purposes
of this article, "grantee" as used in said Appendix C shall refer to the Engineer.
If the material is copyrightable, the Engineer may copyright such, as permitted
by said Appendix C, and subject to the rights in the Government as set forth in
Appendix C, but the Owner and the Federal Government reserve a royalty -free,
nonexclusive, and irreversible license to reproduce, publish and use such
materials, in whole or in part, and to authorize others to do so. The Engineer
shall include provisions appropriate to effectuate the purpose of this condition
in all subcontracts expected to produce copyrightable "Subject Data."
(b) All such "Subject Data" furnished by the Engineer pursuant to
this agreement are instruments of his services in respect of the project. It
is understood that they are not intended or represented to be suitable for
reuse on any other project. Any reuse by the Owner without specific written
verification or adaptation by the Engineer will be at the risk of the Owner and
without liability or legal exposure to Engineer. Any such verification or
adaptation will entitle the Engineer to further compensation at rates to be agreed
upon by the Owner and the Engineer.
m
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
June 23, 1976
I certify to the City Council that $ 106,472 - , 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
subject to concurrence by the Texas Water Quality Board and Environmental
Protection Agency in the City's Step 2 Grant Application for the subject
project and subsequent grant offer to the credit of:
Fund No. and Name 250 Sanitary Sewer
Project No. 250 -70 -81
Project Name Oso Plant Sludge Handling Expansion
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. '
19 �So
D ec or of TinInce
FIN 2 -55
Revised 7/31/69
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
June 23, 1976
I certify to the City Council that $ 668,210 , 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
subject to concurrence by the Texas Water Quality Board and Environmental
Protection Agency in the City's Step 2 Grant Application for the subject
project and subsequent grant offer to the credit of:
Fund No. and Name 250 Sanitary Sewer
Project No. 250 -7o -104
Project Name Oso Plant Expansion
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
�9
r
irector oAigna2c
FIN 2 -55
Revised 7/31/69
S
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FMS
(City Charter Article IV Section 21)
. June 23, 1976
I certify to the City Council that $ 185,719 , 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
subject to concurrence by the Texas Water Quality Board and Environmental
I
Protection Agency in the City's Step 2 Grant Application for the subject
project and subsequent grant offer to the credit of:
Fund No. and Name No. 250 Sanitary Sewer Bond Fund
Project No. 250 -72 -2
Project Name Saratoga Trunk Main
from wb ich it is proposed to be drawn, and such money is not appropriated for
any other purpose. I
PDT 2 -55
Revised 7/31/69
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
June 23, 1976
I certify to the City Council that $ 328,178 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
subject to concurrence by the Texas Water Quality Board and Environmental
Protection Agency in the City's Step 2 Grant Application for the subject
project and subsequent grant offer to the credit of:
Fund No. and Name No. 250 Sanitary Sewer
Project No. 250 -72 -18
Project Name McArdle Trunk and Oso Trunk Rehabilitation
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
19
Director of Finance
FIN 2 -55
Revised 7/31/69
/ CORPUS CHRISTI, TEXAS /
y�J DAY 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; I, 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
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL /
BOB GULLEY awl I/
GABE LOZANO, SR.
EDWARD L. SAMPLE