HomeMy WebLinkAbout13933 ORD - 09/07/1977hb:9/6/77; ;
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMEND-
MENT TO THE CONTRACT WITH McCAUGHAN, ETHERIDGE AND
WEBB, CONSULTING ENGINEERS, FOR ENGINEERING SER-
VICES IN CONNECTION WITH PROPOSED IMPROVEMENTS
TO THE'BROADWAY WASTEWATER SYSTEM, WHICH AMEND-
MENT PROVIDES FOR A SCOPE OF SERVICES TO CORRES-
POND WITH THE CITY'S STEP 3 GRANT APPLICATION
FOR BASIC ENGINEERING SERVICES, 0 & M MANUAL, n
START -UP SERVICES'AND RESIDENT CONSTRUCTION SER -•
VICES, SPECIFIES A FIXED PRICE FEE AND COMPLIES -
WITH CURRENT FEDERAL,GUIDELINES WITH REGARD TO
THE PROCUREMENT OF ENGINEERING SERVICES; APPRO-
PRIATING $298,300 OUT OF THE NO. 250 SANITARY -
SEWER BOND FUND FOR SAID ENGINEERING SERVICES, OF-
WHICH $250,000 IS APPLICABLE TO PROJECT NO. 250-
72-1, BROADWAY PLANT, AND $48,300 IS APPLICABLE TO
PROJECT NO. 250 -72 -8, CORPUS CHRISTI BEACH TRUNK,
BOTH THE AUTHORITY TO EXECUTE THE AMENDMENT AND
THE APPROPRIATION OF FUNDS BEING SUBJECT TO CON-
CURRENCE IN AND APPROVAL BY THE TEXAS WATER
QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION
AGENCY IN THE CITY'S STEP 3 GRANT APPLICATION FOR
IMPROVEMENTS TO THE BROADWAY WASTEWATER SYSTEM,
E.p_A. PROJECT NO�C- 48- 1216,03;_OF THE $298,300,,
APPROPRIATIOW, $223,725,WILL BE THE FEDERAL SHARE
AND $74,575`WILL' BE THE-LOCAL SHARE; 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 Contract for engineering services with McCaughan,
Etheridge and Webb, as previously authorized by Ordinance No. 11424,
dated April 4, 1973, said amendment being to increase the scope of services
to improve the Broadway Wastewater System to insure compliance with certain
guidelines of the Environmental Protection Agency, all as more fully set
4
forth in the agreement a copy of which contract amendment is attached hereto,
marked Exhibit "A" and made a part hereof.
SECTION 2. That there is hereby appropriated $298,300 out of the
No. 250 Sanitary Sewer Bond Fund, of which $250,000 is applicable to Project
No. 250 -72 -1, Broadway Plant, and $48,300 is applicable to Project No. 250-
72-8, Corpus Christi Beach Trunk, subject to approval of the Texas Water
Quality Board and the Environmental Protection Agency, E.P.A. Project No.
4 -48- 1216 -13; $223,725 being the Federal share and $74,575 being the City's
share.
MICROFILMED
JUL 0 71980
1393,3
SECTION 3. That the necessity to authorize the execution of the
aforesaid emendment to contract for engineering services and to appropriate
the necessary funds to cover the cost of said amendment so that the necessary
modi'ficati`ons to the subject contract can be °made at the earliest possible
date 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 introduction 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 take
effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO ORDAINED, this the 2_day of September, 1977.
ATTEST:
City Secretary 0
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
This ordinance is in effect
711, DAY'OF SEPTEMBER, 1977• force with or without the
tsignature of the Mayor, in a
J. BRUCE AYCOCK, CITY, ATTORNEY accordance with Article II i
i Section 6 of the City Charter.
By r
ssistant City Attorney
a
AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES
THE STATE OF TEXAS X
COUNTY OF NUECES X
The CITY OF CORPUS CHRISTI, hereinafter called "City ", and McCAUGHAN,
ETHERIDGE & WEBB, a partnership composed of F.A. McCaughan, Obie L. Etheridge,
and Rendell C. Webb, Jr., Registered Professional Engineers in the State of
Texas, hereinafter called "Engineer" or "Engineers ", whether one or more,
agree to the following amendment to the contract for engineering services
approved by Ordinance No. 11424, and executed April 30, 1973, as amended by
Ordinance No. 12498 and executed February 26, 1975, and as amended by Ordi-
nance No, and executed June 24, 1976:
WHEREAS, said contract of April 30, 1973, included as Item I -A the pro-
vision of preliminary, design, and construction phase engineering services
for "Alterations and /or Modifications to the Broadway Waste Treatment Plant ",
with compensation to be based on a percentage of construction cost; and
WHEREAS, after work was commenced by the Engineers under said Item I -A,
the City determined 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 ( "E.P.A. "), and the City and the Engineers on the 26th day
of February 1975 executed an Amendment to said Contract for the purpose of
complying with "Step 1" (Preliminary) requirements of the grant regulations,
and on the 24th day of June 1976 executed another Amendment for the purpose
of complying with "Step 2" (Design) requirements; and
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WHEREAS, the "Step 1" services have been completed and "Step 2" services
are nearing completion, and the City now desires to apply for similar grant
assistance for "Step 3" (Construction), generally including the physical con-
struction of the planned improvements at the Broadway Waste Treatment Plant
and including the engineering services associated with the construction, and
the City is required by the current grant regulations to comply with certain
a,
guidelines for the procurement of and method of payment for engineering ser-
vices, 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 30, 1973, or its subsequent
amendments; and
WHEREAS, the City has been satisfied with the performance of the Engi-
neers in connection with Steps 1 and 2 and desires that the Engineers con-
tinue 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 Engi-
neers have presented their cost data to the City and have identified person-
nel and facilities required, special technical services required, the extent
of subcontracting contemplated, and estimated costs for performing the "Step
3" 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 reason-
able fee therefor, and have agreed to enter into this Amendment to Contract
for Engineering Services for the "Step 3" or Construction Phase of the Broad-
way Wastewater System Improvements, yet leaving in force all those other pro-
visions of the said Contract of April 30, 1973, and subsequent amendments
thereto 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 E.P.A.
Appendix CC =1Z Required Provisions - Consulting Engineering Agreements, iden-
tical to the Draft Revision Dated November 23, 1976, of 40 CFR Part 35.965,
Appendix C -1, and same is made a part hereof. The provisions of this appendix
shall supersede any section of the agreement in conflict therewith.
SECTION B. PHASING OF CONSTRUCTION
It is contemplated by the parties that the improvements to be made will
be constructed in three separate Phases, as follows:
PHASE 1 - Stage I Improvements at the Broadway Plant
PHASE 2 - Corpus Christi Beach Sewer Replacements
PHASE 3 - Stage II Improvements at the Broadway Plant.
It is contemplated that construction contracts will be awarded on Phase
1 and 2 as soon as practicable hereafter and upon grant approval and author-
ization by E.P.A., and that Phase 3 perhaps will not be awarded for several
months after Phase 1, as its construction generally depends on completion
of parts of Phase 1.
SECTION C. 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
for each of the Phases of the project, and consistent with E.P.A. current
guidelines for "Step 3" work in effect as of the date of this agreement,
to include the following:
1. Basic Services:
a. Assist the City in the bidding and award of the construction contracts.
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b. Provide to the City not to exceed 25 copies each of the plans and speci-
fications prepared under Step 2 for each Phase, 5 of which copies shall
be for the use of the Engineer.
c. Check shop and working drawings and equipment submittals furnished by
the contractor.
d. Review field, laboratory, mill, and shop tests. Testing costs are not
included.
e. Provide interpretations and clarifications of the plans and specifica-
tions for the contractor and authorize minor changes which do not af-
fect the Contractor's price and are not contrary to the general intent
of the contract.
f. Consult with City and advise during construction, and confer with repre-
sentatives of State and Federal authorities as needed.
g. Make periodic visits to the site of the project to confer with the in-
spectors and contractor and to observe the general progress and quality
of work, and to determine in general if the work is being done in ac-
cordance with the contract documents. (This is to be distinguished from
detailed inspection as performed by a resident engineer or inspector.)
h. Establish basic survey controls for line and elevation staking. (This
is to be distinguished from the detailed setting of lines and grades for
specific structures or facilities.)
i. Review monthly and final estimates for payments to the contractor, and
submit to City for approval.
J. Prepare any change orders that may be found necessary during progress
of the work.
k. Make final inspection with representatives of the City, State, and E.P.A.
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1. Revise the construction drawings, on the basis of known deviations,'
change orders, and changes reported by the inspector in his reports.
m. Travel in Corpus Christi and its environs and to State and Federal offices
within the State of Texas, as necessary for accomplishment of the engi-
neering services on the project.
2. Operation and Maintenance ( "O &M ") Manual:
a. Review materials submitted by the contractor for inclusion in the 0 &M
Manual.
b. Prepare maintenance and operation instructions for the facility.
c. Prepare a combined 0 &M Manual for Phase 1 and Phase 3 together (the
Plant) and a separate Manual for Phase 2 (Corpus Christi Beach Sewers
and Pump Stations); to be delivered on completion of Phases 3 and 2
respectively.
d. Manuals shall meet E.P.A. requirements in effect as of the date of this
Amendment.
e. Each Manual shall be assembled in one or more appropriately bound volumes,
in 6 complete sets, one of which is to be retained by the Engineer.
3. Start Up Services:
a. Generally in accordance with E.P.A. PRM1177 -2, and as appropriate for
the size and complexity of the plant, provide start up services as follows.
b. Grant - eligible elements of training and orientation of operators. This
is to be distinguished from normal job training and qualification train-
ing, which is not included.
c. Assistance in making process adjustments.
d. Advice on sampling and testing.
e. Advice on maintenance management (only to the extent that the new units
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and equipment provided are unique or unusual to the maintenance staff.)
f. Revise 0 &M Manual if changes are required by start -up results.
g. In -house support services as necessary for the provision of the at -plant
services, including drafting, typing, copying, design.
h. These services will be provided for not longer than the following periods
after completion of construction of each Phase:
Phase 1 - 3 months, but not over 40 man -days total time
Phase 2 - 3 months, but not over 4 man -days total time.
Phase 3 - 4 months, but not over 50 man -days total time.
4. Resident Construction Services:
a. Provide detailed surveying, staking and checking of lines and elevations
of structures, piping, and other improvements. ,
b. Provide resident inspection personnel and services for all phases of
inspection at substantially all times the contractor is actively working
on the project, providing detailed daily reports of construction activity,
and marking up project plan prints with as -built changes and notes.
c. Supervise and direct the work of field staking and inspection.
d. Normal day -to -day detailed coordination with the treatment plant staff,
and with the testing laboratory, as needed.
e. Testing services are not included. It is contemplated that the City
will engage and pay directly a commercial testing laboratory, for such
tests as are not the responsibility of the construction contractor.
SECTION D. LIMITATIONS
The Engineer will to the best of his ability and in accordance with pru-
dent professional principles judge and certify to.the City whether in his
opinion the Contractor has or has not complied with the terms of the
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construction contract. The Engineer does not undertake to guarnatee that the
Contractor will complete his work, that he will complete it within a certain
time, or that defects will not exist in his work and assumes no responsi-
bility for the job safety practices of the Contractor, whether or not same
are referred to in the construction specifications and contract documents.
The Engineer does not undertake to guarantee that the cost of construction
of the project or any of the Phases will not exceed any certain amount, other
than the Fees agreed to herein.
SECTION E. COMPENSATION:
The City shall compensate the Engineer for services rendered in cimpliance
with current E.P.A. guidelines as defined in the Federal Register, Vol. 40,
No. 243, Wednesday, December 17, 1975, and as follows.
1. Amount of Fee-
The Fee will be based on the "Fixed Price" method with the Fee for each
Segment of the work to be as follows:
PHASE 1 PHASE 2 PHASE 3
Segment (Plant Stage I) (C.C. Beach) (Plant Stage II)
Basic Services $ 66,000.00 $17,000.00 $ 48,000.00
0 &M Manual (See C.2c) Not included 1,500.00 20,000.00
Start Up Services 8,000.00 800.00 10,000.00
Resident Const. Serv. 58,000.00 29,000.00 40,000.00
TOTALS $132,000.00 $48,300.00 $118,000.00
2. Payments 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 C -1, E.P.A. Required
Provisions, attached hereto. y
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b. Partial payments shall not exceed 90% of the value of the work actually
completed, as estimated by the Engineer and approved by the City. The
percentage of completion of basic services and resident construction ser-
vices may be based generally on the percentage of completion of the con-
struction ontractor, as determined by his monthly estimates
c. Requests for payment shall be accompanied by personnel time summaries,
invoices, and other supportive documentation.
d. Statements as invoiced will be paid by the City within 30 days, if not
questioned as to correctness or otherwise disappro,ed in writing, stating
reasons for disapproval.
e. Payments to the Engineer by the City are not to ve construed as partial
release or acceptance of the overall performance of the work called for,
under this contract.
f. Upon.satisfactory completion of any Segment of the work by the Engineer
a maximum payment of 90% of the contract price for that Segment will
be paid by the City to the Engineer.
g. Final payment for Basic Services, 0 &M Manual, and Resident Construction
Services for any Phase will be paid when the Engineer's work on these
Segments is approved by the E.P.A. for that Phase. Final payment for
the Start Up Services will be made on expiration of the time limitations
set forth in the description of services. It is not intended that Final
payment for any Phase be delayed until all three Phases are accepted.
3. Delay of Construction:
It,is agreed by the parties that the Fees set herein are based on the
Engineer's best estimate of his costs over a limited period into the future.
If the award of the construction contract for Phase 1 is delayed to a time
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more than one year from the date of this Amendment, either party may require
a renegotiation of the amount of the Fees. If award of Phase 2 or 3 is delayed
to a time more than two years from this date, either party may require a reneg-
otiation. The substance of the renegotiation shall include (a) increases or
decreases of cost data and (b) significant changes in regulatory requirements
by State or Federal authorities. This renegotiation may also be requested -
by the Engineer as to the Basic Services and Resident Construction Services
fee if, not due to his own fault, the construction contractor on any Phase
exceeds his allowed working time by more than twenty- fi-:e,percent.
SECTION F. MODIFICATION OF THE PROJECT WORK
1. All modifications of the project scope or scope of engineering services
shall be done in accordance with E.P.A. Appendix C -1, Required Provi-
sions, attached hereto.
2. All modifications shall be authorized in writing.
3. Such modifications shall take into consideration increased or decreased
cost of performance.
SECTION G. COOPERATIVE SERVICES
1. Where the Engineers request temporary modifications of plant operation
procedure to assist in the construction requirements, the City will co-
operate to the fullest practical extent.
2. The City and the Engineer will provide prompt review and respondence
to requests and submissions made by each to the other.
3. In the completion and submission of forms, etc., to the State and Fed-
eral authorities, the City and Engineers will each prepare promptly
those parts which are appropriate to each. The City particularly assumes
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responsibility for legal, fiscal, and civil rights submissions.
SECTION H. AUTHORIZATION TO PROCEED
This Amendment is subject to (a) approval by E.P.A. and (b) appropria-
tion of funds by the City for the Fees authorized for each Phase of the pro-
ject. The City represents that it will issue to the Engineer an Authoriza-
tion to Proceed on each Phase as soon as practical, but not before such con-
ditions (a) and (b) are satisfied.
SECTION I. TIME OF COMPLETION
The time for completion of the Engineer's services is dependent on the
time of award of construction contracts and the progress of the contractors.
SECTION J. 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 and agents.
SECTION K. 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 sub - contractors or to professional associates
(and their employees) working under the Engineer's direction. In the event
of the termination of the Engineers' partnership, this contract shall inure
to the individual benefit of such partner'or partners as the City may desig-
nate. No part of the Engineer's fee may be assigned in advance of receipt
by the Engineer without written consent of the City.
SECTION L. MEND NT NULL AND VOID IF
Should this Amendment and /or the Step 3 Grant or any Phase of it be not
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approved by E.P.A., this Amendment shall be null and void (as to any Phase
not approved).
EXECUTED IN DUPLICATE, each of which shall be considered an original, this
the day of 1977.
ATTEST THE CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
Authorized by Ord. No.
on 1977.
APPROVED AS TO LEGAL FORM THIS
day of 1977
MCCAUGHAN, ETHER DGE & WEBB
By /1Z_
%ty torney , Partner r of inanc
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McCAUGHAN & ETHERIDGE f
CONSULTING ENGINEERS
ENVIRONMENTAL PROTECTION vGENCY
APPENDIX C -1 , REQUIRED PROVISIONS, CONSULTING ENGINEERING AGREEMENTS
Identical to Draft Revision 11/23/76
1. General 11. Subcontracts
2. Responsibility of the Engineer 12. Labor Standards
3. Scope of Work 13. Equal Employment Opportunity
4. Changes 14, utilization of Small or minority business
5. Termination 15. Covenant Against Contingent Fees
6. Remedies 16. Gratuities
7. Payment 17. Patents
B. Project Design 18. Copyrights and Rights in Data
9. Audits Access to Records
30. Price Reduction for Defective Cost or Pricing Data
1. GENERAL
(a) The Owner and the Engineer agree that the following provisions shall
apply to the EPA grant eligible work to be performed under this agreement and
that such provisions shall supersede any conflicting provisions of this agreement.
(b) The work under this agreement is funded in part by a grant from the U.S.
Environmental Protection Agency. Neither the United States nor the u. S. Environ-
mental Protection Agency (hereinafter, "EPA ") is a party to this agreement. This
agreement which covers grant - eligible work is subject to regulations contained in
40 CFR 35.936, 35.937, and 35.939 in effect on the date of execution of this agree-
ment. As used in these clauses, the words "the date of execution of this agree-
ment" mean the date of this agreement and any subsequent modification of the terms,
compensation or scope of services pertinent to unperformed work.
(c) The rights and remedies of the Owner provided for in these clauses are in
addition to any other rights and remedies provided by law under this agreement.
2. RE5PON5IOILITY OF THE ENGINEER
(a) The Engineer shall be responsible fur the professional quality, technical
accuracy, timely completion, and the coordination of all designs, drawings, speci-
fications, reports, and other services furnished by the Engineer under this agree-
ment. The Engineer shall, without additional compensation, correct or revise any
errors, omissions or other deficiencies in hie: designs, drawings, specifications,
reports and other services.
(b) The Engineer shall parform 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 in effect on the date of exe-
cution of this agreement.
(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 his 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.
(d) 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, except for errors or deficiencies
to the extent attributable to the Owner. Owner-furnished data or any third party.
The Engineer shall not be responsible for any time delays in the project caused by
circumstances beyond the Engineer's control. Where new or advanced processes, meth-
ods or technology (see 40 CFR 35.908) are recommended by the Engineer and are utilized,
the Engineer shall be liable only for gross negligence to the extent of such.
3. SCOPE OF WORK
The services to be rendered by the Engineer shall include all services required
to complete the task or stop in accordance with applicable EPA regulations (40 CFR
Part 35, Subpart E in effect an the date of execution of this agreement) to the
extent of the scope of work as defined and set out in the engineering services
agreement to which these provisions are attached.
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
:CAUGHAN & ETHERIDGE 1
CONSULTING ENGINEERS
changes cause an increase or decrease in the Engineer's cost of, or time required
for, performance of any services under this agreement, whether or not changed by
any order, an equitable adjustment shall 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 70 days from the date of receipt 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 she 11 be furnished without the written authorization of the Uwner.
(c) In the event that there is a modification of EPA requirements relating
to the services to be performed under this agreement subsequent to the data of exe-
cution of this agreement, the increased or decreas =d cost of performance of the
services provided for in this agreement shall be reflected in an appropriate modi-
fication of this agreement.
S. 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 obli-
gations 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) calendar 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 such termination is for good cause (such
as for legal or financial reasons, major changes,in the work or program requirements,
initiation of a new Step) and that the Engineer is given (1) not less than ten (10)
calendar 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.
(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 termination 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 con-.
venience if effected by the Owner, the equitable ajustment shall include a reason
able 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.
(d), Upon receipt of a termination action pursuant to paragraphs (a) or (b)
above, the Engineer shall (1) promptl 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
performing this agreement, whether completed or in process.
(e) Upon termination pursuant to paragraphs (a) or (b) above, the Uwner may
take over the work and prosecute the same to completion by agreement with another
party or otherwise. Any work taken over by the Owner for completion will be completed
at the Owner's risk, and the Owner will hold harmless the Engineer from all claims and
damages arising out of improper use of the Engineer's work.
(f) If, after termination for failure of tt.e 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.
6. REMEDIES
Except as may be otherwise provided in this agreement, all claims, counter - claimst
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
if the parties hereto mutually agree, or in a court of competent jurisdiction within
the State in which the Owner is located.
7. PAYNENT
(a) Payment shall be made in accordance with the payment schedule incorporated
in this agreement as soon as practicable upon suumission of statements requesting
payment by the Engineer to the Owner. If ne such payment schedule is incorporated in
this agreement, the payment provisions of paragraph (b) of this clause shall apply.
.__V
VkCAUGHA`N 8., ETHMIDGE
CONSULTING ENGINEERS
(b) Monthly progress payments may be requested by the Engineer and shall be made
by the Owner to the Engineer as soon as practicable upon submission of statements re-
questing payment by the Engineer to the Owner. When such progress payments are made,
the Owner may withhold up to ten percent of the vouchered amount until satisfactory
completion by the Engineer of work and services within a step called for under this
agreement. When the Owner determines that the work under this agreement or any spec-
ified task hereunder is substantially complete and that the amount of retained per-
centages is in excess of the amount considered by him to be adequate for the pro-
tection of the Owner, he shall release to the Engineer such excess amount.
(c) No payment request made pursuant to paragraph (a) or (b) of this clause
shall exceed the estimated amount and value of the work and services performed by the
Engineer under this agreement, which estimates shall be prepared by the Engineer and
supplemented or accompanied by such supporting data as may be required by the Owner.
(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 thansuch claims, if any, as may be specifically ex-
empted 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, thu 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 pro-
cesses, consistent with 40 CFR 35.936 -3 and 35.936 -13 in effect on the date of execution
of this agreement, except to the extent that advanced technology may be utilized pur-
suant to 40 CFR 35.900 in affect on the date of execution of this agreement.
(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 Enginsur.
(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-(PL92 -500). This statute
requites that no specification for bids or statement of work shall be written in such
manner as to contain proprietary, exclusionary, or discriminatory requirements other
than those based upon 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 "ur equal ". With regard to materials,
if a single material is specified, the Engineer must be prepared to substantiate the
basis for the selection of the material.
( d ) The Engineer shall report t ot he 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 whichis listed
by the Director of the EPA office of Federal Activities pursuant to 40 CFR Part 15.
9. AUDITr 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 generally accepted accounting principles and practices consistently applied, and
40 CFR 30.605, 30.805, and 35.935 -7 in effect on the date of execution of this agree-
ment. 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) in effect on the date of execution of this agreement and a copy
of the cost summary submitted to the-Owner. The United States Environmental Protect-
Lon 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 di -ectly related rb 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 auditing agency(ies).
fr'�cCF1U(a ?�'. •! I.: i- THi":'IDGE
CO'H:;ULIinG t.11Gn•lEERS
(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, provided that the Engineer is afforded the oppor-
tunity for an audit exit conference and an opportunity to comment and submit any sup-
porting documentation on the pertinent portions of the draft audit report and that the
final audit report will include written comments of reasonable length, if any, of the
Engineer.
(6) Records under paragraphs (a) and (b) above shall be maintained and made
available during performance on EPA grant work under this agreement and untllthree
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 performance, 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 O.l PRICING DATA
JIh U clause JA applicable SP thhg amount 2L J,i-L agreement exceeds SIOD.000.)
a If the Owner or EPA determines that any price, including profit, negotiated
in connection with this agreement or any cost reimbursable under this agreement was
increased by any significant sum 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 cast 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 an 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
Engineer may wish to include a clause in each such zubcontract requiring the suo-
contractor to appropriately indemnify the 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 authorized by the Uwner during the performance
of this agreement. Any substitutions in or additions to such subcontractors, assoc-
iates, or consultants will be subject to the prior approval of the Owner.
(b) The Engineer may not subcontract services in excess of thirty per cent(or
_percent, if the Owner and the Engineer hereby agree) of the contract price to
subcontractors or consultants without prior written approval of the Uwner.
12. LABOR STANDARDS
To the extent that this agreement involves "construction" (as defined by the
Secretary of Labor), the Engineer agrees that such construction work shall be subject
to the following labor standards provisions, to the extent applicable,
lad )Davis-Bacon Act (40 U.S.C. 2?6a- 276a -7)i
b) Contract Work Hours and Safety Standards Act (40 u.S.C. 327-333)1
c) Copeland Anti - Kickback Act (1B U'.S.C. 874)1 and
) Executive Order 11246 (Equal Employment Opportunity)1
and implementing rules, regulations, and relevant orders of the Secretary of Labor
or EPA1 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 CFH 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 ari0ln.
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.
r 4cCaur` NAW & MEFRIDGE
CONSULT:NG ENGINEERS
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 agreement or understanding for
s 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) 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 representative of the Engineer# to any official, employee
or agent of the Owner, of the State, or of the 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.
the Owner may, by written notice to the Engineer, terminate the Iight of the Engineer
to proceed under this agreement or may pursue such other rights and remedies provided
by law or under this agreements 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 the Remedies clause 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 Gf the contract by the Engineer,
and (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 such gratuities to any such officer or employee.
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, in effect on the date of execution of this .
agreement, including Appendix d of said Part 30. In such case, the Engineer shall
report the discovery or invention to EPA directly or through the Owner, and shall
otherwise comply with the Owner's responsibilities in accordance with said Subpart D
of 40 CFR Part 30. The Engineer hereby agrees that the disposition of rights to in-
ventions made under this agreement shall be in accordance with the terms and con -
ditions of aforementioned Appendix a. The Engineer shall include provisions appropri-
ate to effectuate the purposes of this condition in all subcontracts involving research,
developmental, experimental, or demonstration work.
10. COPYRIGHTS AND RIGHTS IN DATA
(a) The Engineer agrees that any plans, drawings, designs, specifications,
computer programs (which are substantially paid for with EPA grant funds) technical
reports, operating manuals, and other work submitted with a Step 1 Facilities Plan
or with a Step 2 or Step 3 grant application or which are specified to be delivered
under this agreement (referred to in this clause as "5ubject Data") are subject to
the rights in the United States, as set forth in Subpzrt D of 40 CFR Part 30 and in'
Appendix C to 40 CFR Part 30, in effect on the date of execution of this agrement,
including the right to use, duplicate and disclose, such Subject Data, in whole or
in part, in any manner for any purpose whatever, 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 Governemnn reserve a royalty -free, nonexclusive, and irre-
vocable 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 tnat the
Engineer does not represent such Subject Data to be suitable for reuse on any other
project or for any other purpose. Any reuse by the Owner without specific written
verification or adaption by the Engineer will be at the risk of the Owner and without
liability to the Engineer. Any such verification or adaptation w" "ill entitle the
Engineer to further compensation at rates to be agreed upon by the Owner and the
Engineer.
.....................
5
CITY OF CORPUS CHRISTI' TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
September 7, 1977
I certify to the City Council that $ 250,000 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 250 - Sanitary Sewer Bond Fund
Project No. 250 -72 -1
Project Name Broadway Sewage Treatment Plant Improvements
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
K-1-1/797A
FEW ���. "
FIN 2 -55
Revised 7/31/69
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
September 7, 1977
I certify to the City Council that $ 48,300 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 250 - Sanitary Sewer Bond Fund
Project No. 250 -72 -8
Project Name Corpus Christi Beach Trunk
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
Z&xl— 19�
r
Director Finance
FIN 2 -55
�/ Revised V31/69
Corpus Christi, Texas
day of , 191
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 suspension 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 - ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
t
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the ollowing vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr. (i
Edward L. Sample
13933