HomeMy WebLinkAbout14450 ORD - 08/16/1978jkh:8- 16- 78;,1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO THE CONTRACT WITH URBAN ENGINEERING, CONSULTING
ENGINEERS, FOR ENGINEERING SERVICES IN CONNECTION WITH
THE PROPOSED IMPROVEMENTS TO THE OSO WASTEWATER TREAT-
MENT SYSTEM, WHICH AMENDMENT PROVIDES FOR A SCOPE OF
SERVICES TO CORRESPOND] WITH THE CITY'S STEP 3 GRANT
APPLICATION FOR BASIC SERVICES, 0 & M MANUAL, START -UP
SERVICES AND RESIDENT CONSTRUCTION SERVICES, SPECIFIES
A FIXED PRICE FEE AND COMPLIES WITH CURRENT FEDERAL
GUIDELINES WITH REGARD TO THE PROCUREMENT OF ENGINEERING
SERVICES, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE
t A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $451,400
OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR SAID
ENGINEERING SERVICES, OF WHICH AMOUNT $87,000 IS APPLIC-
ABLE TO PROJECT NO. 250- 72 -2.1, WILLIAMS DRIVE LIFT
STATION AND FORCE MAIN, PHASE 1; $77,600 IS APPLICABLE
TO PROJECT NO. 250- 72 -2.2, WILLIAMS DRIVE GRAVITY SYSTEM,
PHASE 2; AND $89,600 IS APPLICABLE TO.PROJECT NO. 250- 72 -2.3,
WILLIAMS DRIVE FORCE MAIN, PHASE 3; $197,200 IS APPLICABLE TO
PROJECT NO. 250 -77 -4, OSO PLANT IMPROVEMENTS; BOTH THE
AUTHORITY TO EXECUTE THE AMENDMENT AND THE APPROPRIATION
OF FUNDS BEING SUBJECT TO APPROVAL AND CONCURRENCE BY THE
TEXAS DEPARTMENT OF WATER RESOURCES AND THE ENVIRONMENTAL
PROTECTION AGENCY IN THE CITY'S STEP 3 GRANT APPLICATION
FOR IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT SYSTEM,
E.P.A. PROJECT NO. C -48- 1214 -03; OF THE $451,400, $338,550
WILL BE THE FEDERAL SHARE AND $112,850 WILL BE THE LOCAL
SHARE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS: Ay'
SECTION 1. That the City Manager be and he is hereby authorized
to execute an amendment to the contract with Urban Engineering, Consulting
Engineers, for engineering services in connection with the proposed improve-
ments to the Oso Wastewater Treatment System, which amendment provides for
a scope of services+to correspond with the City's Step 3 Grant Application
for Basic Services, 0 & M Manual, Start -up Services and Resident Construction
Services, specifies a fixed price fee and complies with current Federal
Guidelines with regard to the procurement of engineering services, as more
.fully set forth in the amendment, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. That there is hereby appropriated the sum of $451,400 j
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out of the No. 250 Sanitary Sewer Bond Fund for„the aforesaid engineering
services, of which amount $87,000 is applicable to Project No. 250- 72 -2.1,
Williams Drive Lift Station and Force Main, Phase 1; $77,600 is applicable
to Project No. 250- 72 -2.2, Williams Drive Gravity System, Phase 2; and
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'14450 COQ_
$89,600 is applicable to Project No. 250= 72 72.3, Williams Drive Force Main,
Phase 3; $197,200 is applicable to Project No. 250 -77 -4, Oso Plant Improve-
ments; both the authority to execute the amendment and the appropriation of
funds being subject to approval and concurrence by the Texas Department of
Water Resources and the Environmental Protection Agency in the City's
Step 3 Grant Application for improvements to the Oso Wastewater Treatment
System, E.P.A. Project No. C -48- 1214 -03; of the $451,400, the sum of
$338,550 will be the Federal share and $112,850 will be the local share.
SECTION 3. The necessity to execute the aforesaid amendment
and to appropriate the sums hereinabove described in order that the
improvements to the Oso Wastewater Treatment System may be commenced at
the earliest practicable 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 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 exist, and having requested the suspension of the
Charter rule and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the_I/i, _day of August,
1978.
ATTEST:
'City Secretary I MAYOR
HE CI US
APPROVED: CHRISTI, TEXAS
16th DAY OF AUGUST, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
c
By .,&
Assistant C irVltorney
AMENDMENT NO. 3
TO THE
CONTRACT FOR ENGINEERING SERVICES
THE STATE OF TEXAS
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; and as amended by Ordinance No. 13256
and executed June 28, 1976.
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 28th day of June, 1976, executed an
Amendment to said Contract, changing the Scope of Services to include the
preparation of plans and specifications required under the Step II of the
grant regulations;
WHEREAS, the "Step 2" services for the first 4 of 6 phases are now
complete and the remainder are nearing completion, and the City now desires
to apply for similar grant assistance for "Step 3" (Construction), generally
including the physical construction of the planned improvements at the "Oso
Wastewater Treatment Plant" and "Saratoga Main" and including the engineering
services aasociated with the construction, and the City is required by the
current grant regulations to comply with certain guidelines for the procure-
ment of 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 con-
templated in the contract of April 16, 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 the completed portions of 2 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 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
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"Saratoga Main" and "Oso Wastewater System Improvements ", yet leaving in
force all those other provisions of the said Contract of April 16, 1973,
and subsequent amendments thereto which do not apply hereto.
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 C -1, 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'CONSTRUCTIOM
It is contemplated by the parties that the improvements to be made will
be constructed in six separate Phases. The contract for Engineering
Services includes only the first four Phases, as follows:
PHASE 1 - (Contract I) Plant Lift Station and Force Main
PHASE 2 - (Contract II) Lift Station #4 Force Main and Gravity System
to Wooldridge Road
PHASE 3 - (Contract III) Renovation of Country Club Lift Station X15
and new Lift Station and Force Main in Saratoga Road
PHASE 4 - (Contract IV) Improvement and Enlargement of the east Half
of the existing Oso Wastewater Plant
PHASE 5 - (Contract V) Improvement and Enlargement of the west half of
the Oso Wastewater Treatment Plant
PHASE 6 - (Contract VI) Rehabilitation of two (2) existing Plant Lift
Stations and Head Works at the Plant
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It is contemplated that construction contracts will be awarded on Phases
1 thru 4 as soon as practicable hereafter and upon grant approval and author-
ization by E.Y.A., and that Phases 5 and 6 possibly will not be awarded for
several months after award of Phase 4, as its construction generally depends
on completion of parts of Phase 4. This contract amendment involves services
to be performed for contracts 1 thru 4. An additional amendment will be
submitted for contracts 5 and 6 at a later date.
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.
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.
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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 qf u
ality
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
,gf.the work.
k. Make final inspection with representatives of the City, State, and E.P.A.
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 ( "0 &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 Phases 1 thru 6 of "Saratoga Main"
and "Oso Wastewater Plant "; to be delivered on completion of contract 5.
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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:
Generally in accordance with E.P.A. PRM#77 -2, and as appropriate for
the size and complexity of the plant, provide start up services as follows:
a. 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.
b. Assistance in making process adjustments.
c. Advice on sampling and testing.
d. Advice on maintenance management (only to the extent that the new units
and equipment provided are unique or unusual to the maintenance staff.)
e. Revise 0 &M Manual if changes are required by start -up results.
f. In -house support services as necessary for the provision of the at -plant
services, including drafting, typing, copying, design.
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.
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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
construction contract. The Engineer does not undertake to guarantee 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
responsibility for the job safety practices of the Contractor, whether or not
sage 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 compliance
with current E.P.A. guidelines as defined in the Federal Register, Vol. 40,
No. 243, Wednesday, December 17, 1975, and as follows:
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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 PHASE 4
Contract I Contract II Contract III Contract IV
Basic Services $19,000.00 $13,600.00 $18,000.00 $ 60,000.00
O&M Manual (See C.2c) 3,000.00 1,500.00 1,600.00 9,000.00
Start Up Services 1,000.00 1,000.00 1,000.00 5,200.00
Resident Const. Serv. 64,000.00 61,500.00 69,000.00 123,000.00
TOTALS $87,000.00 $77,600.00 $89,600.00 $197,200.00
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.
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 contractor, as determined by his monthly estimates.
J
a. 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, unless
invoices are questioned as to correctness.
e. Payments to the Engineer by the City are not to be construed as partial
release or acceptance of the overall performance of the work called for
under this contract.
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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, O&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. It is not intended that
Final payment for any Phase be delayed until all Phases are accepted.
'3: Delay'o£'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
-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 -five 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. - 9 -
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 Engineer will each prepare promptly
those parts which are appropriate to each The City particularly assumes
responsibility for legal, fiscal, and civil rights submissions.
SEC�TION`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.'-TIHE'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
:. =.
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consent of the City, except for routine duties delegated to personnel on the
Engineer's staff or to outside sub - contractors or to provessional 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 he assigned in advance of receipt
by the Engineer without written consent of the City.
SECTION L. PLAN OF OPERATION
In addition to the services as outlined above, the Engineer will prepare
the Preliminary Plan of Operation to be submitted to E.P.A. prior to 25%
completion of construction as well as the Final Plan of Operation, which is
to be submitted to E.P.A. prior to 50% completion. The City has allotted
$8,000 in the grant application for the preparation of the Preliminary Plan
of Operation and that the Final Plan of Operation will be prepared at no
additional charge to the City. Authorization of this work to the Engineer
will be made upon grant approval and appropriation of funds.
SECTION M. NULL AND VOID CLAUSE
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 1978.
ATTEST THE CITY OF CORPUS CHRISTI
City Secretary
Authorized by Ord. No.
on , 1978
APPROVED AS TO LEGAL FORM THIS
day of 1978
City Attorney
Director of Finance
By
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•r� CON`CILTING•ENGI(IEERS -
ENVIRONMENTAL PROIECTIUN %GEraCY
APPENDIX C -1 , REQUIRED PROVISIONS, CONSULTING ENGINEERING ACREEMENTS
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
A. Changes 14. Utilization.of Small or Minority business
S. Termination 15. Covenant Against Contingent fees
6. Remedies 16. Gratuities
7. Payment 17. Patents
8. Project Design 18. Copyrights and Rights in Data
9. Audit& Access to Records _
10. 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 prosided by law under this agreement.
2. RCSPONSIBILITY Of THE ENGINEER
(a) The Engineer shall be responsible fur the professional quality$ technical
accuracy. timely completion. and the coordination of all designs, drawings, spoci-
•icatldns& reports# and other services furnished by the Engineer under thls agree-
ment. The Engineer shall, without 'additional compensation, correct or revise any
errors. emissions or other deficiencies In his 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 arisLig 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-furnlshed 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 CPR 35.908) are recommended by the Engineer and aro 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 Enginesr shall include all services required
to complete the task or step in aeeordancoiwith applicable EPA regulations C 4 CFR
Part 358 Subpart E In effect on the data 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, b'y written order, make changes within the
general scope of this agreement in the services or work to be performed. If such
CO3JSULTW- 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 30 days from thn date of receipt of the notification
of change unless the Owner grants a further period of time before the data 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 droner.
(e) In the event that there is a modification of EPA requirements relating
to the services to be performed under this agreement subsequent to the date of exe-
cution of this agreement, the increased or decreased cost of performance of the
services provided for in this agreement shall be reflected in an appropriate modi-
fication of this agreement. -
5. TERMINATIOu - -
(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 tan (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 sha11•(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 fop 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 tNe 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 pride 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-elaims,
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 uithin
the State in which the Owner is located.
7. PAYNEuT
(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 no such payment schedule is incorporated in
this agreement, the payment provisions of paragraph (b) of this clause shall apply.
(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 arc, made,
'the Owner may withhold up to ten percent of the vouchered amount until satisfactory
completion by the Engineer of work and seruiees 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 -
eentsges 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.
(e) No payment request made t pursuant to paragraph (a) or (b) of this clause
-shall exceed the estimated amoun 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 thereta, 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 ralease in stated amounts to be set
forth therein.
B. 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& methodsp and pro-
cesses, consistent with 40 CFR 35.936 -3 and 35.936 -13 in effect on the date of execution
of this agreemento except to the extent that advanced technology may be utilized pur-
suant to 40 CFH 35.908 in effect 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 Engineer.
(c) The Engineer shall not. in the performance of the work called for by this
agreementp 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
requires 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 it 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 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.
(a) 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 CPR 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 generally accepted accounting principles and practices consistently applied, end
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 an the date of execution of this agreement and a copy
of the cost summary submitted to the Owner. 7he'United States Environmental protect-
ion 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 pa ra graphc (a) through (a) of this clause
in all his contracts and all tier subcontracts di-ectly 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 auditing agoncy(ies).
(d) The Engineer agrees to the disclosure of all information and reports resulting
from access i to records pursuant to paragraphs (a) and (b) above to any of the agencies
referred to in paragraph (a) above, provided that the Engineer s 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.
(e) 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 end made available until three
years after the date of resolution of such appeal. litigation, claim or exception.
10. PRICE REDUCT1oN FOR DEFECTIVE COST 03 PRICING DATA
(This elauae In aoolicablg if Jtba amount of this agreement 'exceeds 8100.000.)
-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 cost or pricing data (EPA F2rm 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 roason of
defective cost or pricing data submitted in connection with certain subcontracts, the
Engineer may wish to Include a clause-in each such uubcontract requiring the sun-
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.hig 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 Owner 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) Tne Engineer may not subcontract services in excess of thirty percent(or
percent. if the Owner and the Engineer hereby agree) 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 Labor), 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)a
b Contract work Hours and Safety Standards Act (4o W.S.C. 327- 333)t.
c Copeland Anti - Kickback Act (18 U.S.C. B74)i and
d Executive Order 11246 (Equal Employment Opportunity);.
and implementing rules, regulations, and relevant orders of the Secretary of Labor
or EPAI and the Engineer further agrees that this bgreement shall include and De
subject to the "Labor Standards Provisions for Fedurally 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. religione 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 entorprisas shall have the
maximum practicable opportunity to participate In the performance of EPA grant- assisted
contracts and subcontracts.
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
August 15, 1978
,
I certify to the City Council that $ 87 000 , 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 -2.1
Project Name Williams Drive Lift Station & Force Main, Phase 1
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
191r,
Director of ftfiaj l
V `
1�
FIN 2 -55
Revised 7/31/69
CITY OF COMM CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
Augur$ 15, 1978
I certify to the City Council that $ 77,600 , 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 -2.2
Project Name Williams Drive Gravity System, Phase 2
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
� 19�
Director of Finan
J�> FIN 2 -55
i� Revised 7/31/69
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
-- August 15, 1978
6o0
I certify to the City Council that $ 89, , 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 -2.3
Project Name Williams Drive Force Main, Phase 3
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
l Ste' 19 ze�
irector of Finance
r/ C
t' ,11
f3
1 FIN 2 -55
Revised 7/31/69
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
August 15, 1978
200
I ce rtify to the City Council that $ 197, , the amount required
for lthe 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 -77 -4
Project Name Oso Plant Improvem nts
from which it is proposed to be drawn, and such money is not appropriated for
any cither purpose.
/.S— , 19 %i
Director �Fin.an
Pr 11
FIN 2 -55
�' Revised 7/31/69
Corpus Christi,
14 ay 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 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,
M YOR
THE CITY OF CHRISTI, TEXAS
The Charter rule was suspended by a following vote:
Gabe Lozano, Sr. -
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by t�e following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
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Corpus Christi,
14 ay 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 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,
M YOR
THE CITY OF CHRISTI, TEXAS
The Charter rule was suspended by a following vote:
Gabe Lozano, Sr. -
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by t�e following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
=z
.4-450
.';_�;•- `�`� -t,P; : y,���^:.yy-� ;': ;`° _.::sags: ...'_ra �w
::Y'�.'t'.�F ••� -- x'�:c::p'.�Fr YY°', ,'Sir':P.•'., - ?�;h �* <:,`i '"•3".U.`r,•• v_