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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 O O 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; - 2 - 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). - 3 - 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: - 4 - 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. - 5 - 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. — 6 — 0 0 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. MM 0 0 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 - 8 - _ . — ■ ATTEST: Eugene C Urban, P.E. URB By: - 9 - AN NGINEE ING I vnU Larry J. Urba P, . G O APPENDIX A E.P.A. GENERAL PROVISIONS MICROFILMED JUN 181980 0 0 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. 0 0 (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. � r (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