HomeMy WebLinkAbout17577 ORD - 04/27/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN
ENGINEERING FOR INSPECTION SERVICES TO BE PROVIDED DURING
CONSTRUCTION OF INTERIM IMPROVEMENTS AT THE ALLISON
WASTEWATER TREATMENT PLANT; APPROPRIATING $35,302 FOR
THIS AGREEMENT; 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
an agreement with Urban Engineering for inspection services to be provided
during construction of interim improvements at the Allison Wastewater
Treatment Plant, a copy of which agreement is attached hereto and made a part
hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated $35,302 from the
No. 250 Sanitary Sewer Bond Fund applicable to Project No. 250-82-1, Allison
Wastewater Treatment Plant.
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 ma7 ay of April, 1983.
ATTEST:
C' Secretary
APPRWED:
027 DAY OF APRIL, 1983:
Y Bruce Aycock, ity Attorney
MAY
17577
THE C = Y OF CORPUS CHRISTI, TEXAS
MICROFILMED
SEP 281994
ENGINEERING CONTRACT
ALLISON WASTEWATER TREATMENT PLANT INTERIM CONSTRUCTION
AERATED LAGOON & CONSTRUCTION OF CLARIFIER &
RENOVATION OF CHLORINE CONTACT CHAMBER
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 Allison Wastewater
Treatment Plant, designated by the Environmental Protection Agency as Project No.
C-48-1457-02,
WHEREAS, the City intends to expand the Allison Wastewater Treatment
Plant by award of two separate construction contracts: one for the installation
of a new 92' diameter clarifier, modification of an existing chlorine contact
chamber, process piping, related electrical work, and, the other ccntract for the
construction of a new aerated lagoon with associated equipment, force and gravity
mains, and,
WHEREAS, the City has retained Urban Engineering for planning and design
of the improvements to the Allison 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, but has not received, Federal grant
assistance from the Environmental Protection Agency for a portion of this interim
work, specifically the clarifier construction, under the provisions of Public Law
97-117, December 29, 1981, and,
WHEREAS, the City and the Engineer have acquainted themselves with all
applicable 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 cost for performing the admin-
istrative and inspection 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 Administrative and Inspection Services.
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 PERFORMED
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 five (5) copies each of the plans and
specification prepared in the design phase.
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 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.
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 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 inspec-
tion 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 and State.
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 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. `:ormal day-to-day detailed coordination with 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 C - LIMITATIONS
The Engineer will to the best of his ability and in accordance with prudent pro-
fessional 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 same are referred to in the construction speci-
fications 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 following:
CLARIFIER LAGOON TOTAL
Contract Administration $ 3,900 $ 2,800 $ 6,700
Resident Inspection (Based on $3000/Month) 14,500 10,500 25,000
Archeological Survey 3,602 3,602
$13,400 $16,902 $35,302
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 quest:.oned as to correctness.
e. Payments to the Engineer by the City are not to be construed as partial
r?.l.:ase or acceptance of the overall performance of the work called for
er 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 Segs_nt will be
_:e City to the Engineer.
3. Delay ci :.o,:s_':uction -
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 delayed 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 of Federal authorities. This renegotiation
may also be requested by tie Engineer as to the Basic Services and Resident
Inspection Services fee if, not due to his own fault, the construction con-
tractor exceeds his allowed working time by more than twenty-five (25) percent.
SECTION E - MODIFICATION OF THE PROJECT WORK
1. All modifications shall be authorized in writing.
2. 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 respondence to
requests and submissions made by each to the other.
- 4 -
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 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
condition is satisfied.
SECTION H - TIME OF COMPLETION
The time for completion of the Engineer's services is dependent on the time of
award of construction contracts and the progress of the contractors.
SECTION 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 obligations or
duties in this contract to any other person without the prior written consent
of the City, except for routine duties delegated to personnel on the Engineer's
staff or to outside sub -contractors or to professional associates (and their
employees) working under the Engineer's direction. In the event of the termination
of the Engineer's partnership, this contract shall insure 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 be not approved by City Council, the 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 40CFR Part 33, Section 33.1030
which will take precedence.
- 5 -
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this the day of , 1983.
ATTEST: THE CITY OF CORPUS CHIRISTI
Bill G. Read, City Secretary Edward A. Martin, City Manager
lPPP.OVED AS TO LEGAL FORM, this
' day of
J. BRUCE AYCOCK, CITY ATTORNEY
BY:
, 1983
URBAN ENGINEERING
Assistant City Attorney Eugene C. Urban, P.E., Partner
APPROVED:
James K. Lontos, P.E.
Assistant City Manager
-6-
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. Tenn nation
7. Remeoles
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. Responsioility 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 work to be performed under this subagreenent and
that [hese clauses supersede any conflicting provisions of this subagreement.
2. PRIVITY OF 5U8AGREEME11T
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 uaranraoh (a) applies only to subaureenenrs for construction.
(1) The recipient may, at any time, without notice to any surety, by written order
desianared or indicated to be a change order, make any change in the work within the general
scope of the subagreement, including but not limited to changes:
(1) In the specifications (including drawings and designs);
(11) In -the time, method, or manner of performance of th0 verk;
(iii) 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 he any other written or oral order (including direction,
'instruction, interpretation or determination) from 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
paragrapn (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 inch the recipient is responsible, the equitable adjustment shall include any increased•
cost reasonably Incurred by the contractor in attempting to comply with those defective spectfica[ions.
(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 (I) of
this change clause or the furnishing of a iarntten 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 oaranraoh applies only to subayreement for services.
(1) The recipient may, at any tine, by written order,
scope of this agreement in the services or work to be performed.
wr decrease In the contractor's cost or time required to perfonn
hether or not changed by any order, an equitable adjustment sha
shall be modified in writing. The contractor .must assert any cl
clause in writing within 30 days from the date of receipt by the
of change unless the recipient grants additional time before the
1 of 5
make changer within the general
If such changes cause an increase
any services under this agreement,
11 be made and this agreement
aims for adjustment under this
contractor of the notification
date of final payment.
(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 uaranradi (c) anplles only ro subanreenenrs for supplies.
(1) The recipient inay at any time, by a written order, and without notice to the sureties,
sake changes, within the general scope of this subagree rent, in any one or more of the following:
(1) Drawings, designs, or specifications, where the supplies to be furnished are
to be specially manufactured for the recipient;
(ii) :•erhod of shipment or pecking; and
(11i) glace of delivery.
(2) If any change causes an increase or decrease in the cost or the time required to
perforin any part of the work under ,his subagreenent, whether or not changed by any such Order,
an equltaole adjustment shall be made in the subagreoient price or delivery scheduele, or both,
and the subagreetlent shall be modified in writing. Any claim by the contractor for adjustment
under this clause must be asserted within 30 days fron the date of receipt by the contractor of
the notification of change. If the recipient decides that the facts justify such action, the
renpluet may receive and act upon any sucn claim asserted at any tine before final payment under
this saaa•greement. Where the cost of property made obsolete or excess as a result of a change 1s
included In the contractor's claim for adjustment, the recipient shall have the right to prescribe
the manner of disposition Of such property. Clothing in this clause shall excuse the contractor
from proceeding with the subagreenent as changed.
4. DIFFERING SITE CONDITIONS
This clause is aoollnbin only to construction subanreements.
(a) Tne contractor shall praaptly, and before such conditions are disturbed, notify the
recipient to writing of:
(1) subsurface or latent physical conditions at the site differing materially frau
those indicated In rills subagreenent, or _
(2) unknown pnysical conditions at the site, of an unusual nature, differing materially
fro, those ordinarily encountered and gererally recognized es inhering in work of the character
provided for In rills subagreenent. The recipient snail 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 5ubagreement,
whether or not changed as a result of such conoltions, an equltaole 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 ;ween Inc notice required In parayrapn (a) of this clause. lbheser, the renplent nay extend
the tine prescribed In papagraph (a).
(c) .10 clawu.by the contractor for an equitable adjus',ent snail be allured if asserted
after final pafnent ander this subagrewent.
5. SOS'E'6111 CF 11906
This clause is applicable only to construction subaeree^enrs.
(a) The recipient may order the contractor in writing to suspend, delay, or interrupt all
or any part Of the :urk for such period Of the riwe as the recipient may determine to be appropriate
for rob convenience of the recipient.
(b) If the performance of all ur any part of the work 1s suspended, delayed, or interrupted
for an unreasonable period of tl.ne by an act of the recipient in administration of this subagreenent,
or Sy the recipient's failure to act within the time specified in this subagreenent (or if no time
i5 S;en fled, within a reasonable time), an adjustment shall be rade for any increase in the
cost of performance of this subagre vent (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 nave been 5o 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 exch.ded 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 requirement does not apply to a claim resulting fron a suspension order), and (2) unless -
the claim, in an amount stated, is asserted in writing as soon as practicable after the termination
of sucn suseansion, delay, or interruption, but not lacer than the date of final payment under the
subayreenent.
6. TERNINATi011
(a) This subagreenent may be terminated in whole or in part In writing by either party 1n
the event of suustanrlal failure by the other party to fulfill its obligations under this subagreenent
throuyn no fault of the terminating party, provided that no termination may be effected unless
the oilier parry is given (1) not less than ren (10) calendar days written notice (delivered by
certified mall, return receipt requested) of Intent to terminate and (2) an opportunity for
consultation wrath the terminating party prior to termination.
2 of 5
*/1
This suhagreenent nay be teminated in whole Or in part in writing by the recipient tor
its convenience. provided that the contractor is given (l) not less than ten (10) calendar days
written notice (delivered hy certified nail, return receipt requested) of Intent t0 terminate
and (7) an opportunity for consultation with the terminating party prior to ternination.
(c) If terninatlnn for default is effected by the recipient, an equitable adjustment in
the pric^ provided for in this suhagreenent shall be made, but (1) no amount shall be allowed
for anticipated profit 0) unperformed services or other work. and (7) any payment due to the CantraCtOr
at the time of ternination may he adjusted to cover any additional costs to the recipient because
of the contractor's default. If ternination for default is effected hy the contractor, or if
termination for convenience is effected by the recipient, the equita'ile adjusment shall include
a reasonable profit for services or other work performed. The equitable adjustment for any termination
shall prnvtde for payment to the contractor for services rendered and expenses incurred prior Cu
the termination, in addition to ternination settlement costs reasnnably incurred by the contractor
relating to commitments which had become firm prior to the temlinatlnn.
(a) Upon receipt of a ternination action pursuant to paragraphs (a) or (0) above, the contractor
shall (1) pronntly discnntinue all services affected (unless the notice directs otherwise), arta
(2) deliver or otherwise Hake available to the recipient all data, drawings, Specifications,
reports, estimates, sunnaries, and such other information and nateriats as nay have been accumulated
by the contractor in perfoming this subagreement, whether cmpleced or in process.
(e) noon termination under paragraphs (e) or (h) above, the recipient may take over the
work and nay award another party a subagreement to Complete the work under this suhagreenent.
(0) If, after ternination 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 fnr the convenience of the recipient. In such event, adjustment
of the price provided fnr 1n this subagreement shall be made as provided in paragraph (c) of this
clause.
7. REMEDIES
Extent as nay he otherwise provided in this subagreeient, all clains, counter -clams, disputes,
and other natters in question between the rectplent-and the contractor arising out of or relating
to this subagreement or the breach therenf will be decided by arnitratton if the parties mutually
agree, or in a court of cmnpetent jurisdiction within the state In which the reel pient 1s located.
• R. PRICE RECIICTIOO FOR DEFECTIVE COST OR PRICING DATA
(NOTE - This clause is applicable to (11 any subaoreelent n notiated between the recipient and its
contractor In exCess 01 •,0f,Ipn: 1') nenotlacea suoaoreemenc ?menu -encs or cnande orders In excess
of t:.10,,.an or In percent or cue sJoaoreenent whenever Is less• artectlno the price 00 a rorra,ly
aovertl5ep, competitively aaarnep•: Ixed price sma:reelent: or ili any (ower [ler sunaureelenc
ur oJrc^ase order In excess or :507,070 or In percent or cre assistance anreement, anicnever
15 .255. •Jn•er 3 au03r:reement inner [man a t0r^illi ndvertisen, ccnuetltivein awarued, iixeO
price 5lnunreement. this clause is not ap011Calle rnr su0aureeoents to [rte extend tat they
are aearee0 on, Are basis of errect1.0 price competition.) •-
The contractor and subcontractor, where appropriate, warrant that cost and pricing data
submitted or•eval uation with respect to 000ot1at100 of prices fnr negotiated subagreements, lower
tier suoagreenents, and change orders is based on current, aCcnra[e, and complete Data supported
by their hooks and records. If the recipient or EPA determines teat any price (including profit)
negotiated In connection with this suhagreenent, any lower tier suoagreenent, or any amendment
thereunder was increased by any significant suns because the data provided was incomplete,
inaccurate, or not current at the tine of submission, then such price or costs or profit shall
he reduced accordingly; and the sunagreement shall be nOdifled in writing to reflect such action.
(NOTE - Since the subaoreenent 15 subiect to reduction under this clause by reason of defective
cost or orielno oats sJomitten In conreCtIOn 0I[rl r der s0Od3reements, toe contractor nay
wish to Incluue a ClaJSeIn Dice Weer tier Suea0ree^ent rouuirin0 the lower tier 5u5contraCtor
t0 approorlateiv lnde-lnliy :0e COntraCt0e. It is also expected tint any lower tier subcontractor
suu'e0_ `e sucn Incennioocotich ail generally repulre sJOscantlally similar In0eMlrlcdtlon
for derettl,e 0050 or pricing data requirea t0 02 su0m Cteo by lower tier contractors.)
0. AUDITS: ACCESS TO RECORDS
•
(a) The contractor shall maintain books, records, documents, and other evidence directly
pertinent to perfornance on EPA grant work under this subagreement In accordance with generally
accepted accounting principles and practices consistently applied, and 40 CFR Part 10, 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. 11.780 for any negotiated subagreement or change order and a copy -of the
cost summary submitted to the recipient. The United States Environmental Protection Agency,
the Comptroller General of the United States, the United States Department of tabor, recipient.
and (the State) or any of their authorized representatives snail 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.
(h) If tills is a fornaliy advertised. Competitively awarded, fixed price Subegreement,
the contractor agrees to make paragraphs (a) through (f) of this clause applicable 00 all negotiated
change orders and subagreement anenanents affecting the suhagreenent price. In the case of all
other types Of prime sunagreenent5, the contractor agrees to include paragraphs (a) through (0)
of this clause In all his subagreenents In excess of 517.077 and all lower tier subagrements
in excess of Stn,000 and to hake paraagrapns (a) tnrdugh (f) of this clause applicable to all change
orders directly related to project perfomance.
3 of 9
(c) Audits rand icted under this provision shall be In accordance with generally accepted
auditing standards end established procedures and guidelines of the reviewing or audit agency(ies).
(d) The contractor agrees to disclose all infonnatlon 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).
(e) Records under paragraphs (a) and (b) above, shall be maintained and made available
during ,ertor•mnte on EPA assisted work under this subagreement and until three yoari from the
date of final EPA paycent for the prosect. In addition, those records which relate to any Controversy
arising under an EPA assistance agreeaent, 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, snail
be maintained and rade available until three years after the date of resolution of such appeal,
litlnatlon, claim, or exception.
(f) This right of access clause (01ck respect to financial records) applies to:
(I) negotiated prune subagreements,
(2) negotiated change orders or subagreement amendments in excess of 510,000 affecting
the price of any formally advertised, cenpetitively awarded, fixed price subagreement, and
(3) subayreenonts or purchase orders under any subagreement other than a formally
advertised, comoetltively awarded, fixed price subagreement. However, this right of access does
not apply to a prime subagreement, lower tier subagreement, or purchase order awarded after effective
price competition, except:
(1) with respect to records pertaining directly to subagreement performance,
(excluding any financial records of the contractor),
(ii) If there is any indication that fraud, gross abuse, or corrupt practices may
be Involved or
(iii) if rhe subagreenent is terminated for default or for convenience.
10. CONVEWINT AGAINST CONTINGENT FEES
The contractor warrants that no person or selling agency has been employed or retained
to sollct or secure this subagreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona flee employees 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 tne right to annul this agreement without
liability or in its discretion ro deduct from the conrratt price or consideration, or Ochemise
recover. the full amount of such camnlssion, percentage, brokerage, or contingent fee.
11. 550021TIE5
(a) If the recipient finds after a notice and hearing that the contractor, or any of the
cdntr_ctdr's agents or representatives, offered or gave gratuities (in the form of entertainment,
gifts. ar otherwise(,'to any official, employee, or agent of the recipient, the State, or EPA
in an atterpt to secure a s.bngreement cr favoraole Treatment 1n awarding, amending, or raking any
derernnnatlons related to the performance of this agree^.ent, the recipient ray, by written notice
to the contractor, terminate this agreement. The recipient may also pursue other rights and remedies
that me eau or this agreement provides. .'oweve r, the existence of the facts on whlcn tne 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 subagreement 15 terminated as provided In paragraph (a) the recipient
may parsue the sane remedies against the Contractor as 1t could pursue In the event of a breach
Of the s„bagreelent by the contractor, and (2) as a penalty, in addition to any other damages
to uhlc" it .:ay be entitled by law, to exemplary damages In en amount (as detemlred by the recipient)
which shall be not less than three nor more than ten times tne costs the contractor incurs to
prom eing any such gratuities to any such officer or employee.
12. BUY MERICAN
(This clause applies to subagreenents 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
reyulatlons and guidelines, the contractor agrees that preference will be given to domestic construction
uatertai by the contractor, subcontractors, mater a men, and suppliers in the perfonnance of this
subagreement. -
13. RESPONSIBILITY OF THE CONTRACTOR
(a) This clause in paragraph (a) applies to all subagreements for services.
(1) The contractor is responsible for the professional quality, technical accuracy,
tin.ely completion, and the coordination of all design, drawings, speci orations, reports, and
other services furnished by tne contractor under this agreement. The contractor shall. without
additional ca 10ensaton, currect or revise any errors, omissions, or other deficiencies In bis
designs, drauings, specifications, reports, and other services.
(2) The contractor shall perform the professional services necessary to accomplish
the work required to be performed under this agreeaent, In accordance with chis agreement and
applicable EPA requirements In effect on the dare of execution of the assistance agreonent for
this project.
4 of 5
(1) The owner's nr EPA's approval of drawings. designs, specifications, reports, and
incidental pork or naterials 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 he construed as a waiver of any rights under
this agreement nr of any cause of action arising out of the perrnmance of this agreement.
(4) The contractor shall he and shall remain liable, in accordance with applicable law,
fnr all danages to the owner nr FPA caused by the contractor's negll vent performance of any of the
services furnished under this agreenen1, except for errors, onissions or other deficiencies to the
extent attributable t0 the owner, wner-furnished data, or any third party. The contractor shall
not he responsible for any time delays in the project caused by circumstances beyond the contractor's
control.
(5) The contrictnr's obligations under this clause are in addition to the contractor's
other express nr implied warranties under this aereenent or State law and in no way diminish any
other rights that the owner nay have against the contractor for faulty naterials, equipment, or
work.
(b) The clause in paragraph fbl anpl ies only to subagrements for construction.
(1) The contractor agrees to perform all work under this agreement in accordance with
this agreenent's designs, drawings. and specifications.
(2) The contractor warrants and guarantees fnr a period of one (1) year from the date
of substantial connletion of the 5ysten that the cnnpleted system is free iron all defects due to
faulty materials, equipment or worknanship; and the contractor shall promptly Hake whatever adjustments
or corrections necessary to cure such defects, including repairs of any damage to other parts
of the sys•en resulting fron such defects. The owner shall give notice to the contractor of
observed defects with reasnnanle promptness. In the event that Inc contractor fails to make
adtustmencs, repairs, corrections or other work that nay be bade necessary by such defects, the
owner nay do so and charge the contractor the cost incurred. The performance bond stall remain
in fill force and effect through the guarantee perinu.
(3) The contractnr's obligation under this clause are in addition to the contractor's
other express or implied warranties under chis agreement or State law and in no way diminish
any other rignts that the owner nay have against the contractor for faulty naterials, equipment,
nr
14. FINAL PAYMENT
Upon satisfactory completion of the work performed under this agreement, as a condition before
final payment under this agreement, or as a teminati on settle^ent uneer. Cols agreement, the contractor
shall execute and deliver to the owner a release of all clains against the owner arising under
or by virtue of this agreement, except clains which are Specifically exenoted by Inc contractor
to he set forth tnerein: Unless otherwise proviced in this agreement or by State law or otherwise
expressly agreed to by the parties to this agreement, final payment under this agreement or settlenent
Loon termination of this agreement shall not constitute a waiver of the owner's clains against the
contractor or nis sureties uneer this agreement or applicable perfomance and payment bonds.
33.1018 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
The recipient and the contractor will Imply with Executive Order 11246, entitled "Equal
En7loyn?nt Opportunity", as anended by Executive Order 11375, and as supplemented in lepartnent of
Labor regulations (41 CFR Part 60).
33.1092 PATENTS. nATA, AHO COPYRIGHTS CLAUSE
The recipient and the contractor will Imply with EPA requirements and regulations pertaining
to reportirg and patent rights under any subagreenent involving research, developmental, experimental
or demonstration worx with respect to any discovery or invention which arises or is developed
in the coarse of or uneer such sunagreenent and of EPA requirements and regulations pertaining
to copyrights and rignts in data contained in nn CFR Part 3n..
5 of 5
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
April 19, 1983
I certify to the City Council that $ 35,302 , the anoint sired 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 No. 250 Sanitary Sewer Bond Fund
Project No. 250-82-1
Project Name Allison Wastewater Treatment Plant
from which it is proposed to be drawn, and such money is rot appropriated for
other purpose.
r
FIN 2-55
Revised 7/31/69
ar
q-... zG , 19-,2
Corpuhristi, Tex
a7 day
'
day of
, 198-5
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, Respectfully,
Council Members
MAYOR
THE C TY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky