HomeMy WebLinkAbout15555 ORD - 05/21/1980• jkh:5-21'80;1t
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
URBAN ENGINEERING FOR ENGINEERING SERVICES TO BE PROVIDED
IN CONNECTION WITH THE CITY'S STEP 1 GRANT APPLICATION TO THE
ENVIRONMENTAL PROTECTION AGENCY FOR IMPROVEMENTS TO THE
ALLISON WASTEWATER TREATMENT PLANT, EPA PROJECT NO. C-48-1457-01,
SAID CONTRACT TO PROVIDE FOR PREPARATION OF AN ENVIRONMENTAL
ASSESSMENT, FACILITY PLAN AND INFILTRATION/INFLOW ANALYSIS,
ALL AS SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A";
APPROPRIATING $74,000 OUT OF THE NO. 250 SANITARY SEWER BOND
FUND, OF WHICH $73,323 IS FOR THE ENGINEERING CONTRACT AND
$677 IS FOR LEGAL ADVERTISING, BOTH THE AWARD AND THE APPROP-
RIATION BEING SUBJECT TO APPROVAL FROM THE TEXAS DEPARTMENT
OF WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY,
APPLICABLE TO PROJECT NO. 250-77-17, ALLISON PLANT IMPROVE-
MENTS; 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 authorized to execute a
contract with Urban Engineering for engineering services to be provided in
connection with the City's Step 1 Grant Application to the Environmental
Protection Agency for improvements to the Allison Wastewater Treatment
Plant, EPA Project No. C-48-1457-01, said contract to provide for prepara-
tion of an Environmental Assessment, Facility Plan and Infiltration/Inflow
Analysis, all as more fully set forth in the contract, 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 $74,000
out of the No. 250 Sanitary Sewer Bond Fund, of which amount $73,323 is for
the engineering contract and $677 is for legal advertising, both the award
and the appropriation being subject to approval from the Texas Department
of Water Resources and the Environmental Protection Agency, applicable to
Project No. 250-77-17, Allison Plant Improvements.
SECTION 3. The necessity to execute the aforesaid contract and to
appropriate the sums necessary in order that the aforesaid project 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
introduction but that such ordinance or resolution shall be read at three
15555
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several meetings of the City Council, and the Mayor, having declared that
such emergency and necessity exist, having requested the suspension of the
Charter rule and that this ordinance be passed finally onthe 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 2! day of
May, 1980.
ATTEST:
APPROVED:
21st DAY OF MAY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
MAY
Ii'i1�_;t..
1^ HE CIF CORPUS CHRISTI, TEXAS
CONTRACT FOR ENGINEERING SERVICES
ALLISON WASTEWATER TREATMENT PLANT
STEP 1 SERVICES
STATE OF TEXAS X
COUNTY OF NUECES X
The City of Corpus Christi, hereinafter called "City", and Urban
Engineering, hereinafter called "Engineer", whether one or more, agree as
follows:
This contract is for a Facility Plan and other elements related to
Step 1 of the construction grant process, which may be paid for in part with
financial assistance from the United.States of America acting through the
Environmental Protection Agency, hereinafter referred to as EPA, and the
Engineer agrees to perform the various professional engineering services
required in accordance with applicable EPA requirements (40 CFR Part 35,
Subpart E, in effect on the date of execution of this contract).
This is a lump sum contract, and the Engineer and the City agree that
the completion of payment and performance under this contract is subject to a
grant from the U. S. Environmental Protection Agency authorized to pay for the
prescribed work. Neither the United States, U. S. Environmental Protection
Agency, State of Texas nor the Texas Department of Water Resources is a party
to this contract.
The Federal Clean Water Act of 1977, hereinafter referred to as the
"Act", the Regulations of the U. 5. Environmental Protection Agency, the Texas
Water Code and the Rules and Regulations of the Texas Department of Water
Resources, hereinafter referred to as TDWR, are incorporated herein for all
purposes and specifically made a part hereof.
1. Services to be Performed.
The Engineer hereby agrees, at his own expense, to perform all
engineering necessary to properly develop the Facility Plan
and other elements related to Step 1 of the construction grant
process relating to improvements to the City of Corpus Christi
Sanitary Sewer System. The project is generally known as the
Allison Wastewater Treatment Plant.
A. The Engineer shall be responsible for the professional
quality, technical accuracy, timely completion, and the
coordination of all reports and other services furnished
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by the Engineer under this Contract. The Engineer shall,
without additional compensation, correct or revise any
errors, omissions or other deficiencies in his reports and
other services.
B. The Engineer shall perform such professional services as
may be necessary to accomplish the work required in
accordance with the terms of this Contract and applicable
EPA and TDWR requirements in effect on the date of execu-
tion of this Contract.
C. Approval by the City, EPA and/or TDWR of services and
incidental contracting work or materials furnished here-
under shall not in any way relieve the Engineer of respon-
sibility for the technical adequacy of his work. Neither
the City's, TDWR'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 Contract or
of any cause of action arising out of the performance of
this Contract.
D. The Engineer shall be and remain liable in accordance with
applicable law for all damages to the City. TDWR, or EPA
caused by the Engineer's negligent performance of any of the
services furnished under this Contract, except for errors or
deficiencies to the extent attributable to the City and City
furnished data. The Engineer shall not be responsible for
any time delays in the project caused by circumstances beyond
the Engineer's control. Where innovative and alternative
technologies (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 use.
E. The Engineer agrees to obtain and maintain at the Engineer's
expense, such insurance as will protect him and the City from
claims under the Workman's Compensation Act and from all
claims from bodily injury, death, or property damage which
may arise from the negligent performance by the Engineer or
by the Engineer's employees of the Engineer's functions and
services required under this Contract.
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F. The Engineer shall furnish adequate personnel and the proper
facilities necessary to accomplish the work within the
specified time.
C. The Engineer will cooperate and work closely with TDWR and
EPA representatives.
H. The Engineer will attend conferences with the City and repre-
sentatives of TDWR, EPA, and other interested parties.
2. Scope of Work
The services to be performed by the Engineer shall include all
services required to complete the tasks set forth in 1., Services
to be Performed, and applicable EPA regulations (40 CFR Part 35,
Subpart E in effect on the date of execution of this Contract).
3. Changes
A. The City may, at any time, by written order, make changes
within the general scope of this Contract in the services or
work to be performed. If such changes cause an increase or
decrease in the Engineer's cost of, or time required for,
performance of any services under this Contract, whether or
not changed by any order, an equitable adjustment shall be •
made and this Contract shall be modified in writing accordingly.
The Engineer must assert any claim for adjustment under this
clause in writing within 30 days from the date of receipt by
the Engineer of the notification of change, unless the City
grants a longer period of time no later than the date of final
payment.
B. No services for which additional compensation will be charged
by the Engineer shall be furnished without the written autho-
rization of the City.
C. In the event there is a modification of EPA requirements
relating to the services to be performed after the date of
execution, the increased or decreased cost of performance of
the services provided in this Contract shall be reflected in
an appropriate modification.
4. Termination
A. Either party may terminate this Contract, in whole or in part,
in writing, if the other party substantially fails to fulfill
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its obligations through no fault of the terminating party.
However, 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 before termination.
B. The City may terminate this Contract., in whole or in part,
in writing, for its convenience, if the 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 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 City before termination.
C. If the City terminates for default, an equitable adjustment in
the price provided for in this Contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unper—
formed 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 the'City incurs because of the
Engineer's default. If the Engineer terminates for default
or if the City terminates for convenience, the equitable
adjustment shall include a reasonable profit for services or
other work performed. The equitable adjustment for any termi—
nation shall provide for payment to the Engineer for services
rendered and expenses incurred before the termination, in
addition to termination settlement costs the Engineer reason—
ably incurs relating to commitments which had become firm
before the termination.
D. Upon receipt of a termination action under paragraphs (A) or
(B) above, the Engineer shall (1) promptly discontinue all
services affected (unless the notice directs otherwise), and
(2) deliver or otherwise make available to the City all data,
drawings, specifications, reports, estimates, summaries, and
such other information and materials as the Engineer may have
accumulated in performing this Contract, whether completed or
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in process.
E. Upon termination under paragraphs (A) or (B) above, the City
may take over the work and prosecute the same to completion
by Contract with another party or otherwise. Any work the
City takes over for completion will be completed at the City's
risk, and the City will bold 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 the Engineer to fulfill
contractual obligations, it is determined that the Engineer
had not so failed, the termination shall be deemed to have
been effected for the convenience of the City and for good
cause. In such event, adjustment of the price provided for
in this Contract shall be made as paragraph (C) of this
clause provides.
5. Remedies
Except as this Contract otherwise provides, all claims, counter-
claims, disputes, and other matters in question between the City
and the Engineer arising out of or relating to this Contract or
the breach of it will be decided by arbitration if the parties`
hereto mutually agree, or in a court of competent jurisdiction
within the State in which the City is located.
6. Project Design
A. In the performance of this Contract, the Engineer shall, to
the extent practicable, provide for maximum use of structures,
machines, products, materials, construction methods, and
equipment which are readily available through competitive
procurement, or through standard or proven production techniques,
methods, and processes, consistent with 40 CFR 35.936-3 and
35.936-13 in effect on the date of execution of this Contract,
except to the extent to which innovative technology may be
used under 40 CFR 35.908 in effect on the date of execution
of this Contract.
B. The Engineer shall not, in the performance of the work under
this Contract, produce a design or specification which would
require the use of structures, machines, products, materials,
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construction methods, equipment or processes which the
Engineer knows to be available only from a sole source,
unless the Engineer has adequately justified the use of a
sole source in writing.
C. The Engineer shall not, in the performance, of the work under
this Contract, produce a design or specification which would
be restrictive in violation of Sec. 204(a)(6) of the Clean
Water Act. This statute requires. that no specification for
bids or statement of work shall be written in such a 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 "or equal." With regard to materials,
if a single material is specified, the. Engineer must be pre-
pared to substantiate the basis for the selection of the
material.
D. The Engineer shall report to the City any sole -source or
restrictive design or specification giving the reason or
reasons why it is necessary to restrict the design or
specification.
E. The Engineer shall not knowingly specify or approve the per-
formance of work at a facility which is in violation of clean
air or water standards and which is listed by the Director of
the EPA Office of Federal Activities under 40 CFR Part 15.
7. 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 Contract 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 Contract. The Engineer shall also maintain
the financial information and data used by the Engineer in the
preparation or support of the cost submission required under
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40 CFR 35.937-6(b) in effect on the date of execution of
this Contract and a copy of the cost summary submitted to
the City. The U. S. Environmental Protection Agency, the
Comptroller General of the United States, the U. S. Department
of Labor, City, and the TDWR or any of their duly authorized
representatives shall have access to such books, records,
documents, and other evidence for inspection, audit, and
copying. The Engineer will provide proper facilities for
such access and inspection.
B. The Engineer agrees to include paragraphs (A) through (E)
of this clause in all his contracts and all tier subcontracts
directly related to project performance that are in excess
of $10,000.
C. .Audits conducted under this provision shall be in accordance
with generally accepted auditing standards and established
procedures and guidelines of the reviewing or audit agency(ies).
D. The Engineer agrees to the disclosure of all information and
reports resulting from access to records under paragraphs .(A)
and (B) of this clause, to any of the agencies referred to
in paragraph (A), provided that the Engineer is afforded the
opportunity for an audit exit conference and an opportunity
to comment and submit any supporting 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. The Engineer shall maintain and make available records under
paragraphs (A) and (B) of this clause during performance on
EPA grant work under this Contract and until 3 years from the
date of final EPA grant payment for the project. In addition,
those records which relate to any "Dispute" appeal under an
EPA grant agreement, to litigation, to the settlement of
claims arising out of such performance, or to costs or items
to which an audit exception has been taken, shall be maintained
and made available until 3 years after the date of resolution
of such appeal, litigation, claim, or exception.
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8. Price Reduction for Defective Cost or Pricing Data
A. If the City, TDWR or EPA determines that any price, including
profit, negotiated in connection with this Contract or any
cost reimbursable under this Contract was increased by any
significant sums because the Engineer or any subcontractor
furnished incomplete or inaccurate cost or pricing data or
data not current as certified in his certification of current
cost or pricing data (EPA form 5700-41), then such price,
cost, or profit shall be reduced accordingly and the Contract
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 Contract.
9. Subcontracts
A. Any subcontractors and outside associates or consultants
required by the Engineer in connection with services under
this Contract will be limited to such individuals or firms as
were specifically identified and agreed to by the City and
the Engineer during negotiations, or those agreed to by the
City and the Engineer during the performance of this Contract,
subject to formal approval by the TDWR and/or the EPA.
B. The Engineer may not subcontract services in excess of
thirty (30) percent of the contract price to subcontractors
or consultants without the City's prior written approval.
10. Labor Standards
To the extent that this Contract involves "construction" (as
defined by the Secretary of Labor), the Engineer agrees that such
construction work shall be subject to the following labor stan-
dards provisions, to the extent applicable:
A. Davis -Bacon Act (40 U.S.C. 276a -276a-7);
B. Contract Work hours and Safety Standards Act (40 U.S.C. 327-333);
C. Copeland Anti -Kickback Act (18 U.S.C. 874); and
D. Executive Order 11246 (Equal Employment Opportunity);
and all implementing rules, regulations, and relevant orders of
the Secretary of Labor or EPA. The Engineer further agrees that
this Contract shall include and be subject to the "Labor Standards
Provisions for Federally Assisted Construction Contracts" (EPA
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Form 5720-4) in effect at the time of execution of this Contract.
11. Equal Employment Opportunity
In accordance with EPA policy as expressed in 40 CFR 30.420-5,
the Engineer agrees that he will not discriminate against any
employee or applicant for employment because of race, religion,
color, sex, age, or national origin.
12. 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 oppor-
tunity to participate in the performance of EPA grant-assisted
contracts and subcontracts.
13. 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 a commission, percentage, broker-
age, or contingent fee, excepting bona fide employees. For
breach or violation of this warranty the City shall have the
right to annul this Contract without liability or in its discre-
tion to deduct from the contract price of consideration, or other-
wise, recover the full amount of such commission, percentage,
brokerage, or contingent fee.
14. Gratuities
A. If it is found, after notice and hearing, by the City that
the Engineer, or any of the Engineer's agents or representa-
tives, offered or gave gratuities (in the form of entertain-
ment, gifts, or otherwise), to any official, employee, or agent
of the City, of the State, or of EPA in an attempt to secure
a contract or favorable treatment in awarding, amending, or
making any determinations related to the performance of this
Contract, the City may, by written notice to the Engineer,
terminate the right of the Engineer to proceed under this
Contract. The City may also pursue other rights and remedies
that the law or this Contract provides. However, the existence
of the facts upon which the City bases such findings shall be
in issue and may be reviewed in proceedings under the remedies
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clause of this Contract.
B. In the event this Contract is terminated as provided in para-
graph (A) hereof, the City shall be entitled: (1) to pursue
the same remedies against the Engineer, the City could pursue
in the event of a breach of the Contract by the Engineer, and
(2) as a penalty, in addition to any other damages to which
City may be entitled by law, to exemplary damages in an amount
(as determined by the City) which shall be not less than 3
nor more than 10 times the costs the Engineer incurs in
providing any such -gratuities to any such officer or employee.
15. Patents
If this Contract involves research, developmental, experimental,
or demonstration work and any discovery or invention arises or
is developed in the course of or under this Contract, such inven-
tion 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 Contract, including Appendix B of Part 30.
In such case, the Engineer shall report the discovery or invention
to EPA directly or through the City, and shall otherwise comply
with the City's responsibilities in accordance with Subpart D of
40 CFR Part 30. The Engineer agrees that the disposition of
rights to inventions made under this Contract shall be in accord-
ance with the terms and conditions of Appendix B. The Engineer
shall include appropriate patent provisions to achieve the
purpose of this condition in all subcontracts involving research,
developmental, experimental, or demonstration work.
16. Copyrights and Rights In Data
A. The Engineer agrees that any plans, drawings, designs, speci-
fications, 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 Contract or which
are developed or produced and paid for under this Contract
(referred to in this clause as "Subject Data") are subject to
the rights in the United States, as set forth in Subpart D of
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40 CFR Part 30 and in Appendix C to 40 CFR Part 30 in effect
on the date of execution of this Contract. These rights
include the right to use, duplicate, and disclose such subject
data, in whole or in part, in any manner for any purpose what-
soever, and to have others do so. For purposes of this clause,
"grantee" as used in Appendix C refers to the Engineer. If
the material is copyrightable, the Engineer may copyright it,
as Appendix C permits, subject to the rights in the Government
in Appendix C, but the City and the Federal Government reserve
a royalty -free, nonexclusive and irrevocable license to
reproduce, publish, and use such materials, in whole or in
part, and to authorize others to do so. The Engineer shall
include appropriate provisions to achieve 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
to this Contract are instruments of his services in respect of
the project. It is understood that the Engineer does not
represent such subject data to be suitable for reuse on any
other project or for any other purpose. If the City reuses
the subject data without the Engineer's specific written
verification or adaption, such reuse will be at the risk of
the City, without liability to the Engineer. Any such
verification or adaption will entitle the Engineer to further
compensation at rates agreed upon by the City and the Engineer.
SECTION A - TIME OF PERFORMANCE
The services of the Engineer under this Contract are to commence on
the date authorized in writing by the City following approval of this Contract
by TDWR. The engineering services shall be undertaken and completed in accord-
ance with Attachment B, Schedule of Completion Dates. The City and the Engineer
agree further that time is of the essence in this Contract as to the Engineer's
performance of each item of engineering services listed in Attachment B,
Schedule of Completion Dates. The Engineer's failure to complete performance
of any such item within its period for completion as set out in Attachment B
constitutes a breach of this Contract; provided, however, that upon the Engineer's
giving written notice to the City at least 30 days prior to the end of the period
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for completion of an item of engineering services, the period for completion
of such item may be extended by the City and the Engineer in accordance with
the terms of this Contract, and upon formal approval of such extension by TDWR
and the EPA and the execution of a written modification to this Contract by
the City and the Engineer, such extended period shall become effective for the
purposes of this section.
SECTION B - COMPENSATION FOR ENGINEERING SERVICES
In consideration of the Engineer's completion of each task of engineer-
ing services within the respective period for completion of such task set out
in Attachment B and in accordance with the provisions of this Contract, the
City agrees to compensate the Engineer as follows:
The Engineer shall receive payment for allowable costs as outlined
below. Allowable costs are the direct and indirect costs incurred in or'
directly attributable to the performance of the services under this Contract.
These allowable costs shall include the following:
The Engineer shall be compensated for the services of its personnel
on the basis of direct salary costs (without employee benefits) as incurred by
the Engineer's personnel for the time such personnel are directly utilized on
the work necessary to fulfill the terms of this Contract, and indirect costs,
employee benefit costs and other direct cost at rates agreed to by the City
and approved by the TDWR and EPA, as specified in Attachment D.
Payments shall be made in accordance with the payment schedule as
specified in Attachment C. Since the City will be in receipt of a Federal
Grant, the actual payments to the Engineer will be made Within seven days of
the City's receipt of payments from EPA.
Upon satisfactory completion of the work performed under this Contract,
as a condition precedent to final payment under this Contract or to settlement
upon termination of the Contract, the Engineer shall execute and deliver to the
City a release of all claims against the City arising under or by virtue of
this Contract, other than such claims, if any, as may be specifically exempted
by the Engineer from the operation of the release in stated amounts to be set
forth therein.
Compensation for additional work not included in this Contract shall
be made in accordance with rates included in Attachment D for basic services
under this Contract.
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SECTION C - APPROVAL BY THE TDWR AND EPA
This Contract shall not become effective until formally approved by
the TDWR and/or EPA. Formal approval shall be evidenced by approval letters
separately issued and signed by a duly authorized representative of the TDWR
and/or EPA. The approval so evidenced by the TDWR and EPA shall in no way
commit the TDWR or EPA to render financial assistance to the City, but in the
event such assistance is provided, the approval shall signify that the provi-
sions of this Contract are consistent with the requirements of the TDWR and EPA.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to
be executed by their duly authorized officials, this Contract in duplicate on
the respective dates indicated below.
ATTEST: THE CITY OF CORPUS CHRISTI
City SecretaryR. Marvin Townsend, City Manager
APPROVED:
day of , 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By:
R. W. Coffin
. Assistant City Attorney
ATTEST: URBAN ENGINEERING
Secretary
BY: J.L( 2,c)14
Eugene Urban
Partner
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ATTACHMENT A
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DETAILED SCOPE OF SERVICES - STEP 1
1. The Engineer will prepare a report following an Infiltration/Inflow
Analysis of the existing sewer system to determine possible existence or non-
existence of excessive infiltration/inflow. The analysis will be performed in
accordance with Title II Final Construction Grants Regulations, 40 CFR, Part 35,
and other appropriate Federal Regulations and Guidelines. It is understood that
the Engineer will, under this agreement, attempt to prepare the Infiltration/
Inflow Analysis using existing and obtainable plant records and visual collection
system observations. Should flow measurements on the collection system be
required, a supplemental agreement covering these tests will be completed.
2. The Engineer will prepare a Facilities Plan and Environmental
Assessment in accordance with the Title II Final Construction Grants Regulations,
40 CRF, Part 35, and other appropriate Federal Regulations and Guidelines.
3. The Engineer will provide to TDWR sufficient information regarding
the proposed treatment works so that an archaeological review can be made to
determine the project's impact on identified and unidentified cultural resources.
4. The Engineer will participate in the development of a Public
Participation Program in accordance with 40 CFR, Part 35, and 40 CFR, Part 25.
ATTACHMENT B
SCHEDULE OF COMPLETION DATES
Step 1 of the Construction Grant process has been divided into the
five following phases based upon the Engineer submitting the three identified
reports. Each report has a corresponding number of calendar days which the
Engineer has in which to complete the report. Should the Engineer determine
that the described engineering services will not be completed in accordance
with the scheduled completion date, the Engineer should take such actions as
prescribed in Section 2 of this Contract.
TASK
CALENDAR DAYS
Step 1
A. Infiltration/Inflow Analysis (with Evaluation
Survey Plan of Study, if required) Report
completed and submitted to TDWR after Step 1
grant award. 120 days
B. Infiltration/Inflow Evaluation Survey (if
required) Report completed and submitted to
TDWR after grant amendment for survey., N. A.
C. Environmental Assessment (including time for
draft report, advertisement and hearing)
Final Report completed and submitted to TDWR
after Step 1 grant award. 270 days
D. Facility Plan Report completed and submitted
to TDWR after EPA approval of I/I Analysis
or I/I Survey (if required). 210 days
E. Pretreatment Program (if required) Report
completed and submitted to TDWR after
Step 1 grant award. 300 days
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ATTACHMENT C
PAYMENT SCHEDULE
•
Payment for services and expenses of the Engineer shall be based upon
requests for reimbursement (payment requests) submitted monthly by the Engineer.
The following procedure is applicable to payment requests made
pursuant to a Step 1 grant:
1. The City shall pay the Engineer up to 802 of the assigned dollar
value (including profit) for each identified task before submission
of the work. This payment will be made through the signature of
the grantee's authorized representative and their consultant on
OMB Standard Form 271. These signatures are intended to certify
that the work has been accomplished according to the grant
TASK
agreement.
2. The City shall pay the Engineer up to 90% of the assigned dollar
value (including profit) for each identified task after each
draft report is submitted.
3. The City shall pay the Engineer the remaining balance due for
each identified task when all the work called for in the Step 1
grant is completed, approved and certified.
TASK VALUE
Facility Plan (Step 1)
A. Infiltration/Inflow Analysis
Report (Not including metering
and tests)
Allowable
Cost
Profit
15,680 2053
Assigned
Value
17,733
B. Environmental Assessment Report 7,400 360 7,760
C. Facility Plan Report 36,379'. 4,781 41,160
D. Public Participation
Total
5,800 870 6,670
65,259 8,064 73,323
Total Cost_ 73,323
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
• _-
May 20, 1980
I certify to the City Council that $ 74,000 , 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 Nene
Project No.
Project Name
No. 250 Sanitary Sewer Bond Fund
250-77-17
Allison Wastewater Treatment Plant
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
Step 1 Engineering Contract
w/Urban Engineering
kp/i/FIN 2-55
7 Rerised 7/31/69
Corpus Christi, exas
2/ day of 1984
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,
MAYOR
HE CI
"OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz 1
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passe + by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15555