HomeMy WebLinkAbout17459 ORD - 02/02/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH URBAN
ENGINEERING FOR STEP 3 CONSTRUCTION SERVICES AT THE FLOUR
BLUFF WASTEWATER TREATMENT PLANT; APPROPRIATING $182,940
FOR THE CONTRACT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
contract with Urban Engineering for Step 3 construction services to be
performed at the Flour Bluff Wastewater Treatment Plant, EPA Project No.
C-48-1215-03, 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 $182,940 out of the
No. 250 Sanitary Sewer Bond Fund applicable to Project No. 250-82-2, Laguna
Madre (Flour Bluff) Plan Expansion.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
take immediate action to preserve and protect public property by expediting
the construction of public improvements, such finding of an emergency is made
and declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shall take effect upon first reading as an emergency
measure this the b,2day of February, 1983.
ATTEST:
APPROVED:p2nw4 DAY OF FEBRUARY, 1983
riBrucr e Aycock, ity Attorney
•
MAYOR
THECHRISTI, TEXAS
11,7, CITPUS
17459
MICROFILMED
'SEP 2 81984
ENGINEERING CONTRACT
FLOUR BLUFF WASTEWATER TREATMENT PLANT
STEP 3 CONSTRUCTION
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 terms and conditions regarding the expansion of the Flour Bluff (Laguna
Madre) Wastewater Treatment Plant, designated by the Environmental Protection Agency
as Project No. C-48-1215-03.
WHEREAS, the City intends to expand the Flour Bluff Wastewater Treatment
Plant consisting of new treatment and pump facilities, new plant building and modi-
fications of existing treatment and pumping facilities and will include the
following: construction of a new remote lift station and connecting 14 -inch and
18 -inch force main; new bar screen/grit removal unit; new aeration and digester
units; two new circular clarifiers; new chlorine contact chamber; new sludge drying
beds; new office and control building; new maintenance garage; additions and modi-
fications to existing blower and chlorine building; modifications to existing pump
stations; conversion of existing treatment unit into pre -thickener, digesters and
sludge holding tank; new paving and drainage improvements; new chain link fencing;
and miscellaneous related items of work required to complete the project, and,
WHEREAS, the City has retained Urban Engineering for planning and design
of the improvements to the Flour Bluff Wastewater Treatment Plant and is satisfied
with their performance as consulting engineers and desires to retain the services
of this firm for supervision and administration of construction, and,
WHEREAS, the City anticipates Federal grant assistance from the Environ-
mental Protection Agency under the provisions of Public Law 97-117, December 29,
1981, and,
WHEREAS, the City and the Engineer have acquainted themselves with all
applicable Federal regulations, and the Engineer has presented cost data to the
City and has identified personnel and facilities required, special technical
services required, 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 reasonable fee therefor, and have agreed to enter into this Engineering Contract
for Step 3 Services.
E-A b . "rit
NOW, THEREFORE, the City and the Engineer agree as follows:
SECTION A - GENERAL PROVISIONS OF AGREEMENT
An appendix is hereby added to this contract which is identified as
EPA Regulation 40 CFR Part 33, Section 33.1030 and is made a part of this contract.
SECTION B - SERVICES TO BE PERFORID
1. Basic Services (Contract Administration):
a. Assist the City in the bidding and award of the construction
contracts.
b. Provide to the City not to exceed twenty (20) copies each of
the plans and specification prepared under Step 2.
c. Check shop and working drawings and equipment submittals fur-
nished 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
specifications for the contractor and authorize minor changes
which do not affect 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 representatives of State and Federal authorities as needed.
g. Make periodic visits to the site of the project to confer with
the inspectors and contractor and to observe the general progress
and quality of work, and to determine in general if the work is
being done in accordance 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.
1. Revise the construction drawings, on the basis of known devia-
tions, 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 engineering services on the project.
2. Resident/Inspection:
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.
3. Operation and Maintenance ("O&M") Manual:
a. Review materials submitted by the contractor for inclusion in
the O&M Manual.
b. Prepare maintenance and operation instructions for the facility.
c. The Manual shall meet E.P.A. requirements in effect as of the
date of this contract and will include the following:
1. Information on items such as design and peak flows, pump
capacities, sedimentation basin detention times, surface and
weir loadings, food to microorganism loadings, oxygen transfer
requirements, and other process design assumptions;
2. Startup procedures for each unit of operation;
3. Unit process information and control measures and monitoring
procedures for efficient operation;
4. Maintenance management system including procedures such as
lubrication, oil and filter changes, and other preventative
and routine maintenance procedures as well as a spare parts
inventory.
5. Laboratory tests necessary for control of the treatment
works and the specific reports to be sent to the regulatory
agencies;
6. Safety procedures for operating equipment with particular
emphasis on potentially hazardous areas such as wet and dry
wells, chlorination facilities and anaerobic digestors;
7. Trouble shooting procedures including solving problems which
frequently occur in treatment plants and are related either
to unit processes or the operation of specific pieces of
equipment;
8. Emergency operating plan including emergencies (power outage,
chlorine leak, excessive storm flows) and procedures to be
followed until normal operations can be resumed.
d. Each Manual shall be assembled in one or more appropriately
bound volumes, in six (6) complete sets, one of which is to be
retained by the Engineer. -
4. Final Plan of Operation:
The Engineer will prepare a Final Plan of Operation to be submitted
prior to a request for 50% payment of the grant amount. The plan
will identify specific actions and related completion dates to assure
that the facility and all associated personnel are properly prepared
for start-up and continued operation. The following areas should
be addressed in the scope of the plan.
A. Staffing and Training - The plan should insure that supervisory,
operations, maintenance, laboratory support and administration
personnel are hired and trained in a timely manner. Sources of
training should be identified whenever possible. The Chief
Operator should be an site by 50' completion of construction.
B. Records, Reporter and Laboratory Control - An adequate laboratory,
recording, and reporting system will be established, including
the development of any special forms needed for reporting or
process control requirements. Any special training needs related
to a laboratory control program should be specified.
C. Process Control and Start-up Procedures - The plan should iden-
tify necessary actions related to start-up, such as4wet and dry
testing of equipment, instrument calibration, and a review of
process control procedures during the start-up period.
D. Safety - Effective employee safety programs will be developed
and appropriate training conducted in advance of start-up.
Existing and projected State and local safety requirements are
to be complied with. All hazardous conditions will be appraised
and appropriately considered in the inplant safety and health
plan and the training program will be responsive to identified
needs and guidance.
E. Maintenance Management - A schedule for developing and imple-
menting a maintenance management system will be included. This
should consider the need for training to operate the system
and/or to deal with complex equipment maintenance problems.
Additional considerations include personnel training, supplies
of chemicals used in the treatment process or process control,
laboratory supplies, the provision of necessary maintenance
tools and spare parts inventory.
F. Operation and Maintenance Manual - The Plan of Operation will
include sufficient lead-time for the submission and review of
the plant 0&M Manual so as to ensure'that the manual is approved
by the State Water Pollution Control Agency at least 30 days
prior to plant start-up. The Plan of Operation will also
identify future date(s) for updating the manual in order to
ensure that the most effective operational guidance is provided
based upon actual operating experience.
G. Operations Budget - Any planning process must consider budgetary
constraints on implementation and provide for a process for
adequate budget controls.
H. Other Elements -
Other elements will be addressed as necessary to assure timely
implementation of actions related to continued efficient and
reliable operation of the facility. Actions and timing related
to the development and implementation of sewer use ordinances,
pretreatment ordinances, or other local rules or regulations
should also be identified. Establishment of procedures for
1
preparing an annual O&M report should be considered for staffing,
training, budget planning, maintenance, and future construction
planning purposes.
5. Project Performance: I`
To assure that the planti is capable of meeting the project perfor-
mance standards, the Engineer shall provide certain services as
outlined below during the first year after the improvements are
completed and accepted by the City.
A. Advise the City on the operation of the project and revise the
Operation & Maintenance Manual for the project as necessary.
B. Train or provide for spraining of operating personnel and prepare
curricula and training material for operating personnel.
C. Advise the City whether the project is capable of meeting the
project performance standards.
In addition to these general services, the Engineer will evaluate actual
operation and maintenance expense of the project and recommend adjustment,
if required, of the user charge ordinance at the end of the performance
I -
period. The following specific duties will be performed by the Engineer
during the one-year project performance period.
li
A. Personnel Training - Onsite training will be provided by the
Engineer to the plant 11 operation and maintenance personnel on
the operation and control of specific' treatment processes. The
plant staff training will include familiarization of the per-
sonnel with the O&M Manual.
{
B. Process Control - The Engineer will provide operational assistance
1
for adjustment of the treatment processes and related equipment
functions to optimize performance, and reliability under actual
operating conditions. Required plant control lists, selection
of sampling points, and sampling schedules will be identified
1
by the Engineer for performance by the City.
C LaboratorEProcedures -I The Engineer will provide training and
instruction in laboratory procedures necessary to efficiently
1
operate the wastewater treatment plant. This requirement may be
omitted if the' City haslpersonnel proficient in laboratory pro-
cedures and chemistry or if the City contracts laboratory
analyses.
D. Maintenance Management System - The Engineer will provide
training of the operation and maintenance staff in the details
of a maintenance management system to establish and maintain a
preventative maintenance program. An organized methodology for
identifying frequency of service required for preventative
maintenance and recording service/inspections actually performed
will be provided by the Engineer.
E. Records Management - The Engineer will provide the services
necessary to implement a records management system for process
control, effluent quality monitoring and self reporting, and
supply/inventory.
F. Revision of O&M Manual - The Engineer will revise the O&M Manual,
as required, based upon actual operating experience during the
project performance period.
G. Warranties - The Engineer will assist the City with follow-up
on warranty repairs required during the project performance
period.
H. Project Performance Capability Report - The Engineer will provide
a report to the City at the end of the performance period
which analyzes the project capability to meet performance
standards. At a minimum, the report will contain the following
information.
(1) An analysis of influent and effluent BOD5, TSS, pH, tempera-
ture, and other permitted parameters through the performance
period. This analysis will be based on approximately four
composite samples taken on random days.
(2) A record of daily wastewater flows and an evaluation of
recorded flows versus permitted flows.
(3) A record of all effluent quality analyses required to be
performed in accordance with permit requirements during the
performance period along with an evaluation of actual
effluent quality versus permitted effluent quality.
(4) A description of mechanical and/or structural problems
observed during the performance period and a brief status
summary of the resolution or pending action.
- 7 -
(5) A recommendation regarding any desirable staffing improve-
ments in terms of manpower and/or skills of the wastewater
treatment plant personnel.
(6) A recommendation to the grantee regarding the capability
of this project to meet its design and permit performance
standards.
I. Collection System Rehabilitation -
(1) The Engineer will monitor wastewater flows in a manner
consistent with the measurements and assumptions made in
the SSSS.
(2) The wastewater flows of the system or minisystems will be
compared to the estimated removal rates in the SSES.
(3) A determination regarding the effectiveness of the sewer
rehabilitation program will be made by the Engineer.
SECTION C - LIMITATIONS
The Engineer will tothe 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 Contrac-
tor, whether or not same are referred to in"the construction specifica-
tions and contract documents. The Engineer does not undertake to
guarantee that the cost of construction of the project will not exceed
any certain amount, other than the Fees agreed to herein.
SECTION D - COMPENSATION
1. The fee will be based on the "Cost" plus "Fixed Fee" method with
the fee for the Step III work to be as follows:
COST FIXED FEE TOTAL
Contract Administration 106,207 15,121 121,328
Resident Inspection 22,271 3,341 25,612
0&M Manual 6,800 1,200 8,000
Final Plan of Operation 1,275 225 1,500
Project Performance 22,525 3,975 26,500
159,078 23,862 182,940
Payment for Step III Engineering fees shall not exceed
$182,940 without written approval from the City of
Corpus Christi.
-8-
2. Payments -
a. After commencing the work, the Engineer may invoice the City
on a monthly basis for partial completion based on the actual
percentage of completion of the construction contract.
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.
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 thirty
(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.
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 Contract Administration, Resident Inspection,
0&M Manual, Final Plan of -Operation & Project Performance will
be paid when the Engineer's work on these Segments is approved
by the E.P.A.
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 is de-
layed to a time more than one year from the date of this Contract,
either party may require a renegotiation of the amount of the Fees.
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 Inspection Services fee if, not due to his own fault,
the construction contractor exceeds his allowed working time by
more than twenty-five (25) percent.
-9-
SECTION E - 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. Contract Provisions
Required by Section 33.1030, 40 CFR Part 33 attached hereto.
2. All modifications shall be authorized in writing.
3. Such modifications shall take into consideration increased or
decreased cost of performance.
SECTION F - COOPERATIVE SERVICES
1. Where the Engineer requests temporary modifications of plant
operation procedure to assist in the construction requirements,
the City will cooperate to the fullest practical extent.
2. The City and the Engineer will provide prompt review and respon-
dence to requests and submissions made by each to the other.
3. In the completion and submission of forms, etc., to the State and
Federal 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.
SECTION G - AUTHORIZATION TO PROCEED
This Contract is subject to (a) approval by E.P.A. and (b) appropriation
of funds by the City for the Fees authorized for the project. The
City represents that it will issue to the•Engineer an Authorization
to Proceed as soon as practical, but not before such conditions (a)
and (b) are satisfied.
SECTION H - TINE 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 I - 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 J - ASSIGNABILITY
The Engineer shall not assign, transfer or delegate any of his obli-
gations or duties in this contract to any other person without the
- 10 -
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
Engineer's partnership, this contract shall inure to the individual
benefit of such partner or partners as the City may designate. No
part of the Engineer's fee may be assigned in advance of receipt by
the Engineer without written consent of the City.
SECTION K - NULL AND VOID CLAUSE
Should this Contract and/or the Step 3 Grant be not approved by
E.P.A.., this Contract shall be null and void.
SECTION L - EPA PROVISIONS
This Contract for Engineering Services is hereby made a part of
Contract Provisions required by EPA Federal Regulation 40 CFR Part 33,
Section 33.1030 which will take precedence.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this the day of , 1983
ATTEST: THE CITY OF CORPUS CHRISTI
Bill G. Read, City Secretary
APPROVED AS TO LEGAL FORM, this
day of , 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
APPROVED:
C
4. es K. ntoS, P.E.010
ssistant City Manager
THE STATE OF TEXAS
x
COUNTY
OF NUECES
Edward A. Martin, City Manager
URBAN ENGINEERING
Les Harvey, Project Engineer
Eugene C. Urban, P.E., Partner
This instrument was acknowledged before me on
1983 by EDWARD A. MARTIN, as City Manager for the City of Corpus Christi, Texas
Notary Public in and for the State of Texas
THE STATE OF TEXAS J(
COUNTY OF NUECES
This instrument was.acknowledged before me on
1983 by EUGENE C. URBAN, Partner in the engineering firm of URBAN ENGINEERING.
Notary Public in and for the State of Texas
- 11 -
Contract Provisions Required by Section 33.1030
40 CFR Part 33
1. Supersession
2. Privity of Subagreenent
3. Changes
4. Differing Site Conditions
5. Suspension of Work
6. Termination
7. Remedies
8. Price Reduction for Defective Cost or Pricing Data
9. Audit; Access to Records
10. Convenant Against Contingent Fees
11. Gratuities
12. Buy American .•
13. Responsibility of the Contractor
14. Final Payment
1. SUPERSESSION
The recipient and the contractor agree that this and other appropriate clauses in 40 CFR 33.1030
or their equivalent apply to the EPA grant -eligible cork to be performed under this subagreanent and
that these clauses supersede any conflicting provisions of this subagreement.
2. PRIVITY OF SUBAGREEMENT
This subagreement is expected to be funded in part with funds from the U.S. Environmental
Protection Agency. Neither the United States nor any of its departments, agencies, or employees is
or will be a party to this subagreement or any lower tier subagreement. This subagreement is to
be subject to regulations contained in 40 CFR Part 33 in effect on the date of the assistance
award for this project.
3. CHANGES
(a) This clause in paragraph (a) applies only to subagreenents for construction.
(1) The recipient may, at any time, without notice to any surety, by written order
designated or indicated to be a change order, make any change in the work within the general
scope of the subagreanent, including but not limited to changes:
(1) In the specifications (including drawings and designs);
(11) In the time, method, or manner of performance of tliZ work;
(lig In the recipient -furnished facilities, equipment, materials, services or site; or
(iv) Directing acceleration in the performance of the work.
(2) A change order shall also be any other written or oral order (including direction,
instruction, Interpretation or determination) frau the recipient, which causes any change, provided
the contractor gives the recipient written notice stating the date, circumstances, and source
of the order and that the contractor regards the order as a change order.
(3) Except as provided in this clause, no order, statement, or conduct of the recipient
shall be treated as a change under this clause or entitle the contractor to an equitable adjustment.
(4) If any change under this clause causes an increase or decrease in the contractor's
cost or the time required to perform any part of the work under this contract, whether or not
changed by that order, an equitable adjustment shall be made and the subagreement modified in
writing and, except for claims based on defective specifications, no claim for any change under
paragraph (a)(2) above shall be allowed for any costs incurred more than 20 days before the contractor
gives written notice as required in paragraph (a)(2). In the case of defective specifications
for which the recipient is responsible, the equitable adjustment shall include any increased
cost reasonably incurred by the contractor in attempting to comply with those defective specifications.
(5) If the contractor intends to assert a claim for an equitable adjustment under this
clause, he must, within 30 days after receipt of a written change order under paragraph (1) of
this change clause or the furnishing of a written notice under paragraph (2) of this clause,
submit to the recipient a written statement setting forth the general nature and monetary extent
of such claim. The recipient may extend the 30 -day period. The statement of claim may be included
in the notice under paragraph (2) of this change clause.
(6) No claim by the contractor for an equitable adjustment shall be allowed if made
after final payment under this subagreement.
(b) The clause in this paragraph applies only to subagreement for services. -
(1) The recipient may, at any time, by written order, make changer within the general
scope of this agreement in the services or work to be performed. If such changes cause an increase
or decrease in the contractor's cost or time required to perform 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. The co0tractor must assert any claims for adjustment under this
clause in writing within 30 days frau the date of receipt by the contractor of the notification
of change unless the recipient grants additional time before the date of final payment. •
1 0f 5
(2) No services for which an additional compensation will be charged by the contractor
shall be furnished without the written authorization of the recipient.
(c) This clause in paragraph (c) applies only to subagreenents for supplies.
(1)
make changes, witerecipient
hinthhe general time, at any b
scope ofthissublgreement, in
nd without onotice
cto
the ties,
anyoneormoreofthefollowing
(i) Drawings, designs, or specifications, where the supplies to be furnished are
to be specially manufactured for the recipient;
(ti) Method of shipment or pecking, end
(iii) Place of delivery.
(2) If any change causes an increase or decrease in the cost or the time required to
perfonn any part of the work under this subagreenent, whether or not changed by any such order,
an equitable adjustment shall Ue made in the subagreenent price or delivery scheduele, or both,
and the subagreenient shall be modified in writing. Any claim by the contractor for adjustment
under this clause must be asserted within 30 days from the date of receipt by the contractor of
the notification of change. If the recipient decides that the facts justify such action, the
recipinet may receive and act upon any such claim asserted at any time before final payment under
this subayreement. Where tfie cost of property made obsolete or excess as a result of a change is
included in the contractor's claim for adjustment, the recipient shall have the right to prescribe
the rmnner of disposition of such property. Nothing in this clause shall excuse the contractor
from proceeding with the subagreenent as changed.
4. DIFFERING SITE CONDITIOIIS
This clause is applicable only to construction subagreements.
(a) The contractor shall promptly, and before such conditions are disturbed, notify the
recipient in minting of:
(1) subsurface or latent physical conditions at the site differing materially Fran
those indicated in this subagreenent, or _
(2) unknown physical conditions at the site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inhering in work of the character
provided for in this subagreenent. The recipient shall promptly investigate the conditions,
and if it finds that conditions materially differ and will cause an increase or decrease in the
contractor's cost or the time required to perform any part of the work under this subagreenent,
whether or not changed as a result of such conditions, an equitable adjustment shall be made
and the subagreenent modified in writing.
(b) No claim of the contractor under this clause shall be allowed unless the contractor
has given the notice required in paragraph (a) of this clause. Ho(tever, the recipient may extend
the time prescribed in papagraph (a).
(c) No claim by the contractor for an equitable adjusbnent shall be allowed if asserted
after final payment under this subagreenent.
5. SUSPEIISI111 OF 11000
This clause is applicable only to construction subagreements.
(a) The recipient may order the contractor in writing to suspend, delay, or interrupt all
ur any part of the work for such period of the time as the recipient may determine to be appropriate
for the convenience of the recipient.
(b) If the performance of all ur any part of the snrk is suspended, delayed, or interrupted
for an unreasonable period of time by an act of the recipient in administration of this subayreement,
or by the recipient's failure to act within the time specified in this subagreenent (or if no time
is specified, within a reasonable tine) an adjustment shall be made for any increase in the
cost of performance of this subagreenent (excluding profit) necessarily caused by such unreasonable
suspension, delay, or interruption and the contract modified in writing. However, no adjustment
shall be made under this clause for any suspension, delay, or interruption to the extent (1) that
performance would have been so suspended, delayed, or interrupted by any other cause, including
the fault or negligence of the contractor or (2) for which an equitable adjustment is provided
for or excluded under any other provision of this subagreenent.
(c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days
before the contractor notified the recipient in writing of the act or failure to act involved _
(this requirenent does not apply to a claim resulting from a suspension order), and (2) unless -
the claim, in an amount stated, is asserted in writing as soon as practicable after the termination
of such suspension, delay, or interruption, but not later than the date of final payment under the
subagreenent.
6. TEONI'1AT1011
(a) This subagreenent may be terminated in whole or in part in writing by either party in
the event of substantial failure by the other party to fulfill its obligations under this subagreenent
through no fault of the terminating party, provided that no termination may be effected unless
the other party is given (1) not less than ten (10) calendar days written notice (delivered by •
certified mall, return receipt requested) of intent to terminate and (2) an opportunity for
consultation with the terminating party prior to termination. -
2 of 5
•
mis suhagreement may be terminated in whole or in part in writing by the recipient for
its convenience, provided that the contractor is given (1) not less than ten (In) calendar days
written notice (delivered by certified nail, return receipt requested) of intent to terminate
and (7) an opportunity for consultation with the terminating party prior to termination.
(c) If termination for default is effected by the recipient, an equitable adjustment in
the price provided for in this Subagreenent shall be made, but (1) no amount shall he allowed
for anticipated profit on unperformed services or other work, and (7) any payment due to the contractor
at the time of termination may he adjusted to cover any additional costs to the recipient because
of the contractor's default. If termination for default is effected by the contractor, or if
termination for convenience is effected by the recipient, the equitable adjustment shall include
a reasonable profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to the contractor for services rendered and expenses incurred prior to
the ternination, in addition to termination settlement costs reasonably incurred by the contractor
relating to comm tments which had hecone firm prior to the teminatinn.
(d) Upon receipt of a termination action pursuant to paragraphs (a) or (0) above, the contractor
shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and
(2) deliver or otherwise nake available to the recipient all data, drawings, specifications.
reports, estimates, surunartes, and such other information and materials as may have been accumulated
by the contractor in performing this subagreement, whether completed or in process.
(e) Upon termination under paragraphs (a) nr (h) above, the recipient may take over the
work and may award another party a subagreement to complete the work under this subagreement.
.(f) If, after termination for failure of the contractor to fulfill contractual obligations,
it is determined that the contractor had not failed to fulfill contractual obligations, the termination
shall he deemed to have been for the convenience of the recipient. In such event, adjustment
of the price provided fnr in this subagreenent shall be made as provided in paragraph (c) of this
clause.
7. RE1IF.OIES
Except as may be otherwise provided in this subagreement, all claims, counter -claims, disputes,
and other natters in question between the recipient -and the contractor arising out of or relating
to this subagreement or the breach therenf will be decided by arbitration if the parties mutually
agree, or in a court of cnnpetent jurisdiction within the state in which the recipient is located.
- R. PRICE REDACTION FnR nEFECTIVE COST OR PRICIUG RATA
(NOTE - This clause is applicable to (1) any subagreement negotiated between the recipient and its
contractor in excess or 4500,000; (2) negotiated subagreenent amendments or change orders in excess
of 9500,000 or 10 percent of the subagreement whichever is less, affecting the price of a formally
advertised, competitively awarded, fixed price subagreement; or (1) any lower tier subagreement
or purchase order In excess of 9900,000 or 10 percent of the assistance agreement, whichever
is less, under a subagreement other than a formally advertised, compete ively awarded, fixed
price subagreenent. This clause is not applicable tor subagreements to the extend that they
are awarded on the basis of effective price conpetltion.)
The contractor and subcontractor, where appropriate, warrant that cost and pricing data
submitted or•evaluation with respect to negotiation of prices for negotiated subagreements, lower
tier subagreements, and change orders is based on current, accurate, and complete data supported
by their hooks and records. If the recipient or EPA determines that any price (Including profit)
negotiated in connection with this suhagreement, any lower tier subagreement, or any amendment
thereunder was increased by any significant sums because the data provided was incomplete,
inaccurate, or not current at the time of submission, then such price or costs or profit shall
be reduced accordingly; and the suhagreement shall be modified in writing to reflect such action.
(NOTE - Since the subagreement is subject to reduction under this clause by reason of defective
cast or pricing data subnetted in connection with lower tier subagreements, the contractor may
wish to include a clause in each lower tier suoagreement requiring the lower tier subcontractor
to appropriately indemnify the contractor. It is also expected tnat any lower tier subcontractor
Subject to such indenni flcation will generally require substantially sine lar indemnification
for detective cost or pricing data required to he submitted by lower tier contractors.)
9. AUDITS: ACCESS TO RECORnS
(a) The contractor shall maintain books, records, documents, and other evidence directly
pertinent to performance on EPA grant work under this subagreement in accordance with generally
accepted accounting principles and practices consistently applied, and 40 CFR Part 30, in effect
on the date of execution of this subagreement. The contractor shall also maintain the financial
information and data used by the contractor in the preparation or support of the cost submission
required under 4n CFR, 13.790 for any negotiated subagreement or change order and a copy of the _
cost s mnary submitted to the recipient. The United States Environmental Protection Agency,
the Comptroller General of the United States, the United States nepartment of Labor, recipient,
and (the State) or any of their authorized representatives shall have access to all such books,
records. documents, and other evidence for the purpose of inspection, audit and copying during
normal business hours. The contractor will provide proper facilities for such access and inspection.
(b) If this 1s a formally advertised, competitively awarded, fixed price subagreement,
the contractor agrees to nake paragraphs (a) through (f) of this clause applicable to all negotiated
change orders and subagreement amendnents affecting the suhagreement price. In the case of all
other types of prime subagreements, the contractor agrees to include paragraphs (a) through (f)
of this clause in all his subagreenents in excess of 410,000 and all lower tier subagreements
in excess of 010,00n and to make pargyraphs (a) through (0) of this clause applicable to all change
orders directly related to project performance.
3 of 5
(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(tes).
(d) The contractor agrees to disclose all information and reports resulting frau access to
records under paragraphs (a) and (1) of this clause, to any of the agencies referred to in paragraph (a).
(e) Records under paragraphs (a) and (b) above, shall be maintained and made available
during werfoniance on EPA assisted work under this subagreement and until three years Fran the
date of final EPA payment for the project. In addition, those records which relate to any Controversy
arising under an EPA assistance agreement, to litigation, to the settlenent of claims arising
our, of such performance, or to 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.
(f) This right of access clause (with respect to financial records) applies to:
(1) negotiated prime subagreements,
(2) negotiated change orders or subagreenent amendments in excess of 510,000 affecting
the price of any fonnally advertised, competitively awarded, fixed price subagreenent, and
(3) subagreenents or purchase orders under any subagreenent other than a formally
advertised, competitively awarded, fixed price subagreenent. However, this right of access does
not apply to a prime subagreenent, lover tier subagreenent, or purchase order marded after effective
price competition, except:
(i) with respect to records pertaining directly to subagreenent performance,
(excluding any financial records of the contractor),
(ii) 1f there is any indication that fraud, gross abuse, or corrupt practices may
be involved or
(111) if the subagreenent is tenninardd for default or for convenience.
10. COIIVENANT AGAINST CONTINGENT FEES
The contractor warrants that no person or selling agency has been employed or retained
to solict or secure this subagreenent upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide enployees or bona fide established commercial
or selling agencies maintained by the contractor for the purpose of securing business. For breach
or violation of this warranty the recipient 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 camnission, percentage. brokerage, or contingent fee.
11. GRATUITIES
(a) If the recipient finds after a notice and hearing that the contractor, or any of the
contractor's agents or representatives, offered or gave gratuities (In the lona of entertainment,
gifts, or otherwise), to any official, employee, or agent of the recip'Fdnt, the State, or EPA
in an attenpt to secure a subagreement or favorable treatment in awarding, amending, or making any
determinations related to the performance of this agreement, the recipient may, by written notice
to the contractor, terminate this agreenent. The recipient may also pursue other rights and renedies
that the law or this agreement provides. However, the existence of the facts on which the recipient
bases such findings shall be in issue and may be reviewed in proceedings under the Remedies clause
of this agreement.
(b) In the event this subagreenent is terminated as provided in paragraph (a) the recipient
may pursue the sane remedies against the contractor as it could pursue in the event of a breach
of the subagreenent by the contractor, 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 recipient)
which shall be not less than three nor more than ten times the costs the contractor incurs in
providing any such gratuities to any such officer or employee.
12. BUY A:3ERICAN
(This clause applies to subagreements awarded under 40 CFR Part 35, Subparts E and I.)
In accordance with §215 of the Clean Water Act (33 USC 1251 et. seq.) and implementing EPA'
regulations and guidelines, the contractor agrees that preference will be given to domestic construction
material by the contractor, subcontractors, materialmen, and suppliers in the performance of this
subagreement.
13. RESPONSIBILITY OF THE CONTRACTOR
(a) This clause in para3raph (a) applies to all subagreements for services.
(1) The contractor is responsible for the professional quality, technical accuracy,
timely completion, and the coordination of all design, drawings, specifications, reports, and
other services furnished by the contractor under this agreement. The contractor shall, without
additional compensaton, correct or revise any errors, omissions, or other deficiencies in his
designs, drawings, specifications, reports, and other services.
(2) The contractor shall perform the professional services necessary to accomplish
the work required to be performed under this agreement, in accordance with this agreement and
applicable EPA requirenents in effect on the date of execution of the assistance agreement for
this project.
4015
(3) The owner's or EPA's approval of drawings, designs, specifications, reports, and
incidental work or naterlals furnished hereunder shall not in any way relieve the contractor of
responsibility for the technical adequacy of his work. Neither the owner's nor EPA's review, approval,
acceptance, or payments for any of the services shall be construed as a waiver of any rights under
this agreement or of any cause of action arising out of the performance of this agreenent.
(4) The contractor shall be and shall regain Hanle, in accordance with applicable law,
for all dariages to the owner or FPA caused by the contractor's negligent performance of any of the
services furnished under this agreenent, except for errors, omissions or other deficiencies to the
extent attributable to the owner, owner -furnished data, or any third party. The contractor shall
not be responsible for any tine delays in the project caused by circumstances beyond the contractor's
control.
(5) The contractor's obligations under this clause are in addition to the contractor's
other express or leplied warranties under this agreement or State law and In no way diminish any
other rights that the owner may have against the contractor for faulty natersals, equipment, or
work.
(b) The clause in paragraph (b) applies only to subagreements for construction.
(1) The contractor agrees to perform all work under this agreement in accordance with
this agreement's designs, drawings, and specifications.
(7) The contractor warrants and guarantees for a period of one (1) year from the date
of substantial completion of the system that the conpleted system is free from all defects due to
faulty materials, equipment or workmanship; and the contractor shall promptly make whatever adjustments
or corrections necessary to cure such defects, including repairs of any damage to other parts
of the system resulting fron such defects. The owner shall give notice to the contractor of
observed defects with reasonable promptness. In the event that the contractor fails to make
adjustments, repairs, corrections or other work that may be made necessary by such defects, the
owner may do so and charge the contractor the cost incurred. The performance bond shall remain
in full force and effect through the guarantee period. _
(3) The contractor's obligation under this clause are in addition to the contractor's
other express or implied warranties under this agreement or State law and in no way diminish
any other rights that the owner nay have against the contractor for faulty materials, equipment,
or work.
14. FILIAL PAYNENT
Upon satisfactory completion of the work performed under this agreement, as a condition before
final payment under this agreement, or as a termination settlement under, this agreement, the contractor
shall execute and deliver to the owner a release of all claims against the owner arising under
or by virtue of this agreenent, except claims which are specifically exempted by the contractor
to he set forth therein. Unless otherwise provided in this agreement or by State law or otherwise
expressly agreed to by the parties to this agreement, final payment under this agreenent or settlement
upon termination of this agreement shall not constitute a waiver of the owner's clains against the
contractor or his sureties under this agreeient or applicable performance and payment bonds.
33.141A EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
The recipient and the contractor will comply with Executive Order 11246, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of
Labor regulations (41 CFR Part 60).
33.1022 PATENTS, OATA, AND COPYRIGHTS CLAUSE
The recipient and the cnntractnr will comply with EPA requirements and regulations pertaining
to reporting and patent rights under any subagreenent involving research, developmental, experimental
or demonstration work with respect to any discovery or invention which arises or is developed
in the course of or under such suhagreement and of EPA requirements and regulations pertaining
to copyrights and rights in data contained in 4n CFR Part 30.
•
5 06 5
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER
(Sec accompanying instructions bcfuro comph•ting
U.S. EPA GRANTS
this form)
Forrn 1pprov d
01111 V. 15S- ROI 11
PARTI-GENERAL
1. GRANTEE ..
City of Corpus Christi, Texas
2. GRANT NUMBER
C-48-1215-03
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
Urban Engineering
0. DATE OF PROPOSAL
December , 1982
5. ADORE55 OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
Urban Engineering
P.O. Box 6355
Corpus Christi, Texas 78411
6. T PE OF ERV CE T O BE FURN IS HE 0
Step 3 Engineering
Contract Administration
Resident Inspection
0 & M Manual
Plan of Operation
Project Performance
PART II -COST SUMMARY
T. DIRECT LABOR (Specify labor categories)
ESTI-
MATEO
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
Princi.al
MEW
r_..QQ
Project Engineer
1 564
1 928
. it
12.65
e . r/
24,389.00
Staff Engineer
Clerical
432
7.20
3,110.00
Field Survey Crew_
- _.3$�F�`
-- 8.75
7,710.00
1,400.00
Draftsman
.6
DIRECT LABOR TOTAL:
i„„ ; » ” T'.c •
, c .Z.,11;wS
67 163
E. INDIRECT COSTS (Specify Indirect coat pooh.)
RATEx
BASE =
ESTIMATED
COST
Overhead
f 67 163 00
$ 2r1Q.i 9'
INDIRECT COSTS TOTAL:
,�.' c",:
,'t ,'•,� 2..+.�,-:
St..• -- ','.
9. OTHER DIRECT COSTS
B. TRAVEL
ESTIMATED
COST
0)TR...,PORTAna,. $200 per month x 30 months
- 6 000.00
(2) PER CAE,..
$
TRAVEL SUBTOTAL:'T
-,.t :?
"�'v,'y „.,:,;5'"a?<
S
b. EQUIPMENT, MATERIALS, SUPPLIES (Spee if Y ante res
t gar )
QTY
COST
ESTIMATED
COST
Reproduction
•,000
$ 0.17
5 680.00
Supplies
520.00
EQUIPMENT SUBTOTAL:
... •-•; a'
i•;:•:, •.,• • '
1,200.00
C. SUBCONTRACTS
ESTIMATED
COST
1
32,B12.0D-
S 159,078.00
Daniel Salazar Inspection Services
$ 2 .1 90
SUBCONTRACTS SUBTOTAL: t`c<j;v
> •„+'; ^••`•5
d. OTHER (Specify °singortes)
ESTIMATED
COST
S
OTHER SUBTOTAL. .---
-( . ,': •; i.35
.
7 1.S CM"`
'
e. OTHER DIRECT COSTS TOTAL:%_!•t.d
:Mns, t,•, :.«-F�
•�
I, TOTAL ESTIMATED COST
ty- PROFIT E 15%
23,862.00
I2. TOTAL PRICE
EPA Fein. 5Tnn.A1 ,T_r..
'S
1S
1'
182,940.00
P, n. 1Plrm•
PART 111 -PRICE SUMMARY
13. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES. PRIOR QUOTES
(Indicate beal• tar price comparison)
MAR4Cr
PRICEISI
PROPOSED
PPICF
yy.ittiiL
tTF'rr' 4.
41
ksc 4 ,1: ;..•,ti IS4" w .4i11L'S'Ai: 7 • .. :E'4,g..,,, ' a by t.4 •e
{ % -fi`.7' •
$
.. „
PART IV -CERTIFICATIONS
14. CONTRACTOR •
14e. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
El YES E NO (11 "Yoe'• yl•e name addreaa and r•tephene number of reviewing mlllce)
41 CFR 1-15.4 — -
lib .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
14e.
This proposal is submitted for use in connection with and in response to (1),
data as"Dart of Grantee's Step 3 Application, This is to certify
request for submission of
to the best of my knowledge
and accurate as of
exists to fully and accu-
that I understand that the
where the :Ibove cost and
current dad accurate as
-r...._ 7 -t".-
144.I
and belief that the cost and pricing data summarized herein are complete, current,
(2) December 20, 1982 and that a financial management
capability
rately account for the financial transactions under this project. I further certify
subagreement price may be subject to downward renegotiation and/or recoupment
pricing data have been determined, as a result of audit, not to have been complete,
of the date above. sl
(3) December 20, 1982
�',f�(
DATE OF EXECUTION EugeneC. jrbarirfinOOS,
Partner
Urban Engineering
TITLE OF PROPOSES
IA. GRANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs 'price appear -^
acceptable for sabagreement award. - -
OA TE OF EXECUT'ON
Edward A. MgittITI"
City Manager,
F OF Rev S*F.P
City,.•of Corpus Christi, Tx.
OF REVIE,•EP
TITLE
16. EPA REVIEWER (ft eppllcable)
t=
OA TE OF
EXECUTION
SIGNATURE 'IF or v,e.w F.1
TITLE' Or. REYIr ACR
PA Farm 5700.41 12.761
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 27, 1983
I certify to the City Council that $ 182,940 , 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
Project No.
Project Name
No. 250 Sanitary Sewer Bond Fund
250-82-2
Laguna Madre Plant Expansion
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
, 195J
too
Corpus Christi, Texas
day of , 19
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Council Members
The above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
passed by the
following vote:
1745,9