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HomeMy WebLinkAbout18062 ORD - 02/01/1984TEXAS: .AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ETHERIDGE & WEBB ENGINEERS, INC. FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR THE I.H. 37 UTILITY ADJUSTMENTS (CALALLEN AREA) PROJECT AND THE EXECUTION OF ALL NECESSARY AGREEMENTS WITH THE STATE OF TEXAS PROVIDING FOR REIMBURSEMENT FOR SUCH UTILITY ADJUSTMENT WORK; APPROPRIATING $70,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute an agreement with Etheridge & Webb Engineers, Inc. for preparation of plans and specifications for the I.H. 37 Utility Adjustments (Calallen Area) project and to execute all necessary agreements with the State of Texas providing for reimbursement for such utility adjustment work, substantial copies of which agreements are attached hereto and made a part hereof marked Exhibits "A" and "B" respectively. SECTION 2. That there is hereby appropriated $70,000 from the No. 205 Water Bond Fund. 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 1st day of February, 1984. ATTEST: Secretary APPROVED: DAY OF FEBRUARY', 1984 J. Bruce Aycock, City Attorney MAYOR T E CITY i CORPUS CHRISTI, TEXAS SEP 2 81984 M!GROF LMED 18062 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City", and Etheridge & Webb Engineers, Inc., hereinafter called "Engineer", agree as follows: I. SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop studies, designs, and plans and specifications for water line adjustment/relocation on proposed Interstate Highway 37 on the following project: Nueces County Highway: Interstate 37 Limits: From 0.1 Mile East of MPRR Underpass To 0.9 Mile South of Nueces River I 37-1(10)014 9016-12-5, PD 7004 Water Line Adjustment/Relocation - Prepare adjustment/relocation plans for various City water transmission, distribution and treatment lines, and/or raw water lines and/or sanitary sewer lines, owned and operated by the City in the proposed route of Interstate Highway 37 to the limits heretofore indicated as tabulated in Attachment A hereto. The budget for this work has not been established, but it is the intent of the City that all such water and sewer line adjustment/relocation work be reimbursable to the City, including Engineer's fees and charges, through the Texas State Department of Highways and Public Transportation and the Federal Highway Administration, U.S. Department of Transportation. Engineer is not authorized to begin work on this project until he has been advised by City that such reimbursable agreement has been approved. It is understood that the adjustment/relocation construction work will be done in two separate stages, hereinafter referred to as Projects A and B. II. SCOPE OF SERVICES Engineer's services under Section I will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1972 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following phases of work, for each of the two Projects, as shown in Attachment A. Engineering Services Contract Etheridge & Webb Engineers, Inc. Page 1 of 7 - Phase 1 - Preparation of detailed plans, specifications, and advertising documents; Phase 2 - General administration of construction. A. Phase 1 Preparation of detailed plans and specifications and advertising documents shall include: 1. Surveys, design and layout of water lines which are to be adjusted/relocated. 2. Recommending any necessary subsurface exploration and making necessary arrangements for such exploration to be conducted at the City's expense. 3. Furnishing to the City the engineering data necessary for applications for permits required by local, state and federal authorities. Such submittal data as may be needed for approval of the proposed improvements by the Texas State Department of Highways and Public Transportation and Federal Highway Administration, U.S. Department of Transportation will also be furnished under this phase of the contract. 4. Consultation with District 16 utility officials of the Texas State Department of Highways and Public Transportation and City utility officials during all necessary phases of plan and specification work. 5. Preparation of preliminary plans showing the proposed method of adjusting or relocating each line, and furnish five (5) sets thereof for each Project. 6. Preparation of the detailed plans, specifications and contract documents necessary for construction which are acceptable to the City, Texas State Department of Highways and Public Transportation, and Federal Highway Administration, U.S. Department of Transportation, and the furnishing to the City of up to twenty-five (25) sets. All sets above and beyond the original twenty-five (25) sets shall be furnished at City expense. 6. Preparation of estimates of quantities and costs for all work. B. Phase 2 General administration of construction shall include: 1. Assistance to the City in securing bids. 2. Preparation of the tabulation and analysis of bids and furnishing recommendations concerning the award of construction contracts. Engineering Services Contract Etheridge & Webb Engineers, Inc. Page 2 of 7 3. formal contract 4. Assistance in the engineering phases of the preparation of documents for the award of contracts, if requested. Acting as the City's representative during construction, the Engineer will make periodic visits to the site (as distinguished from the continuous services of an "on-site administrator" or resident inspector) to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts nor is he responsible for the actual supervision of construction operations nor for the safety of workmen or the public in connection with the contractors' operations. 5. interpretation recommendations Consultation with and advice to the City during construction, of specifications, preparing change to solve field/construction problems, and orders, making representation of the City in all matters with the appropriate offices of the Department of Highways and Public Transportation. 6. Review of shop and working drawings furnished by contractors for compliance with design concept and with information given in Contract Documents. Texas State 7. Review of laboratory, shop and mill tests of material and equipment. 8. Review and approval of monthly and final estimates for payment to contractors. 9. Performing, in company with the City's representatie, a final inspection of the project. 10. Revision of the original contract drawings, with the assistance of the "on-site administrator" or resident inspector, to show the work as actually constructed. All revised original contract drawings shall become the property of the City upon completion of the project with all ownership rights. III. PAYMENT For the work described under Phase 1 and 2 of Section II and in Attachment A, the total compensation to the Engineer shall be on a lump sum basis. The total lump sum amount shall be Sixty -Four Thousand Five Hundred Engineering Services Contract Etheridge & Webb Engineers, Inc. • Page 3 of 7 Dollars ($64,500.00), for payment purposes being divided as Twenty -Six Thousand Five Hundred Dollars ($26,500.00) for Project A and Thirty -Eight Thousand Dollars ($38,000.00) for Project B. The City agrees to pay the Engineer for professional services as set forth in Phase 1 of Section II of this contract as follows: twenty-five percent (25%) upon submission of preliminary plans, then an additional sixty percent (60%), making a cumulative amount of eighty-five percent (85%) of the lump sum amounts hereinbefore referred to, upon completion and acceptance by the City, Texas State Department of Highways and Public Transportation, and Federal Highway Administration, U.S. Department of Transportation of the plans and specifications for each Project. If without fault of the Engineer such approval is not forthcoming within sixty (60) days, then the payment for Phase 1 shall become due and payable. The City agrees to pay the Engineer for professional services as set forth in Phase 2 of Section II of this contract the balance of fifteen percent (15%) of the lump sum amounts hereinbefore referred to during the progress of construction. Payment shall be made in proportion to the Engineer's estimate of the percentage of completion of his work for Phase II of each Project, for each Project, and shall be adjusted as necessary during the life of the contract so that the total amount paid to the Engineer shall be equal to, but not exceed, the lump sum amount stipulated. IV. ORDER OF SERVICES Engineer agrees to begin work immediately after written authorization from the City and to complete the Phase 1 work of Project A within eighty (80) calendar days after authorization and the Phase 1 work of Project B within eighty (80) calendar days next following the eighty (80) day period for Project A. Phase 2 completion of each Project is subject to the City's award schedule. In the event it becomes necessary during the course of the work to make major changes in the scope or character of the work as set out herein and in Attachment A and any unavoidable delays occur, the above periods of work shall be altered to conform with the new requirements of the project. It is understood that the Engineer will -not supply an "on-site administrator" or resident inspector or furnish Phase 2 staking services on this project unless the City upon reasonable notice so instructs the Engineer in writing to do so and amends this contract accordingly. An "on-site Engineering Services Contract Etheridge & Webb Engineers, Inc. Page 4 of 7 administrator" or resident inspector assigned to the work by the City shall make regular daily reports of all activities to the Engineer and shall accept the direction and advice of the Engineer in matters relating to the interpretation of the plans and specifications and the overseeing of the work. V. CONTROL OF SERVICES It is understood and agreed that the City shall have complete control of the services to be rendered and that no work shall be done under this contract until the Engineer is instructed in writing to proceed with the work. In the absence of such instructions, no liability will be incurred by the City. Representatives of the City, the Texas State Department of Highways and Public Transportation and Federal Highway Administration, U.S. Department of Transportation shall have the right to make progress inspections of the work from time to time. VI. WARRANTY The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this contract and that he has not paid or agreed to—pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability. VII. SUCCESSORS AND ASSIGNS The City and the Engineer each binds himself, his .successors, executors, administrators, and assigns to the other party to this agreement, and to the successor, executors, administrators, and assigns of such other party in respect to all covenants of this agreement. Except as noted above, neither the City nor the Engineer shall assign, sublet, or transfer his interest in this agreement without the written consent of the other party. VIII. RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein for the improvement projects is determined, 'by the Engineer's preliminary plans and study, or at any other time, to be substantially different from the description of services contained herein and in Attachment A, the fees set forth in this contract shall be renegotiable only Engineering Services Contract Etheridge & Webb Engineers, Inc. Page5of7 insofar as this contract pertains to the project or projects so determined to be substantially different. Fees for projects determined to be substantially in accordance with descriptions and budgets contained herein shall not be renegotiable. IX. RELEASE AND INDEMNITY Approval by the City and all other participating governmental agencies shall not constitute nor be deemed to be a release of the responsibility and liability of the Engineer, its agents, employees, subcontractors or consultants for the accuracy and competency of their design, working drawings and specifications or other documents nor shall such approval be deemed to be an assumption of such responsibility and liability by the City and all other participating governmental agencies for any defect in the designs, working drawings and specifications or other documents prepared by the Engineer, its agents, employees, subcontractors or consultants. The Engineer shall indemnify and hold the City and all its officers, agents, servants and employees, and all other participating governmental agencies, harmless from any loss, damage, liability or expenses on account of damage to property and/or injuries, including deaths, to all persons which may arise solely from the negligence of the Engineer in carrying out his obligations under this contract. The Engineer shall effect and maintain the following insurance in connection with the work with not less than the following limits: Direct Public Liability - $100,000/$100,000 Such insurance shall be written by an insurance company authorized to do business in the State of Texas. Evidence of such insurance which is satisfactory to the City shall be furnished to said City. X. TERMINATION In connection with all the work outlined or contemplated above, it is agreed that the City or the Engineer may cancel or terminate this contract for good cause upon thirty (30) days written notice to the other, with the provision and understanding that immediately upon receipt of notice of such cancellation from either party to the other, all work and labor being performed under this contract shall immediately cease 'except as may be agreed, pending final cancellation at the end of such thirty day period, and further provided that the Engineer shall be compensated in accordance with his estimated percentage of completion in accordance with the terms of this Engineering Services Contract Etheridge & Webb Engineers, Inc. Page 6 of 7 agreement for all work accomplished by the Engineer prior to the receipt of notice of such termination, plus such amounts as may be agreed upon as costs of completing any termination work to close out the work in an orderly manner. XI. DISCLOSURE OF INTERESTS Engineer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this agreement, the Disclosure of Interests form attached hereto. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 19 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney APPROVED: James K. Lontos, P.E. Assistant City Manager Engineering Services Contract Etheridge & Webb Engineers, Inc. Page 7 of 7 ETHERIDGE & WEBB ENGINEERS, INC. By: ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND ETHERIDGE & WEBB ENGINEERS, INC. This attachment sets out the items of City water and sanitary sewer facilities believed by the parties to be affected in some manner by the proposed construction of Interstate Highway 37 in the area described in the agreement. During the preliminary phase of the planning, each of the listed facilities will be studied in detail and the Engineer will seek to determine whether the expected adjustments will be required and whether there are others which will require study or alteration, and will report such cases to the City so that the engineering contract may be modified if warranted and agreed to by City and Engineer by the circumstances. The tabulations herein note some utility lines which are specifically excluded from the engineering assignment. Minor deviations from the anticipated work to be done an any item are to be expected and are considered to be within the scope of the agreement. "Sta." refers to highway plah stationing. PROJECT A These items are generally in the vicinity of Sharpsburg Road, lying east of the railroad underpass on Interstate Highway 37. 1. Sta. 717 + 10, a 30" water line in 48" casing, 420 feet, casing extensions may be required, crosses at 90°. 2. Sta. 726 + 15, a 12" sanitary sewer, 350 feet, possibly requiring extension of casing, crossing 90°. 3. Sta. 740 + 85, a 3" mud drain line, 500 feet, in casing of uncertain size, casing probably will require extension, crosses 45° RF skew. 4. Sta. 741 + 15, a 36" water line, 500 feet, in 60" casing, crossing on 45° RF skew. 5. Sta. 726 + 15 to 744 + 70 Right, longitudinal 30" water line in the ROW on the north side, 2300 feet, then 500 feet across frontage roads at Sharpsburg Road on 75° skew, then turns northwest through'private property, no change expected except in the 500 -foot stretch, where lowering or casing may be necessary because of drainage construction. Engineering Services Contract -Attachment A Etheridge & Webb Engineers, Inc. Page 1 of 3 6. Sta. 742 + 90, a 24" sanitary sewer crossing at 90°, 430 feet, cast iron line, changes may be required, depending on grades of new drainage box. 7. Sta. 743 + 10, a 12"water plant drain line, 450 feet, probably OK with little change. 8. Sta. 743 + 20, a 36" water plant drain line, 270 feet, crossing from median to north side on 15° LF skew, probably OK except for changes required in connection with moving longitudinal line (9) out of median. 9. Sta. 743 + 20 to 747 + 20, a 36" water plant drain line, continuation of (8), 400 feet, running longitudinally in median, must be relocated. 10. Sta. 747 + 20 to 752 + 00, a 36" water plant drain line, 480 feet, continuation of (9), skewed crossing, must be relocated, probably must case under new railroad line, ROW may be required on south side for relocation of (9) and (10), est. 840' by 10'. 11. Sta. 700 + 00 to 743 + 10 Left, an 8" water line, 4,310 feet, longitudinal in ROW along south side, probably OK with minor changes. 12. Sta. 743 + 60 to 753 + 00 Left, a 12" water plant drain line, 940 feet, longitudinal in' ROW along south side, probably OK except probably must case line= -under new railroad line. PROJECT B These items generally lie northward from the railroad underpass, to approximately Sta. 840 + 00. 1. Sta. 785 + 80 Right, local service sanitary sewer lines in East Redbud Lane, to east, continuing to north in Avenue A to Sta. 790.+ 00, thence east in Elliff Street, total 650 feet involved, must be relocated to restore service to the properties remaining after the highway ROW taking, and including service connections. 2. Sta. 785 + 80 Right, local service water lines, similar to sewers in (1), existing layout not known, relocation required including service connections, estimated 650 feet. 3. Sta. 780 + 00 (crossing) and thence northerly to another crossing at Sta. 823 + 00, Celanese 22" water line. This line 'IS NOT INCLUDED in this agreement. 4. Sta. 787 + 00 to 797 + 00 Left, sanitary sewer (8"?) in ROW along west side, longitudinal, 1,000 feet, probably OK without adjustment. Engineering Services Contract -Attachment A Etheridge & Webb Engineers, Inc. Page 2 of 3 5. Sta. 797 + 00, 10" sanitary sewer crossing encased, continuing (4), 370 feet, 10° RF skew, existing 16" casing will require extension, possible adjustments required in intersection of Middle Lane on east side of highway. 6. Sta. 793 + 60, a 6" water line crossing, 400 feet, East Buckhorn Road, 10° RF skew, relay and case across highway. 7. Sta. 794 + 80 Right, continuation of (6), a 6" water line, casing probably required at relocated railroad. 8. Sta. 807 + 00 to 819 + 00 Right, 30" water line in ROW east side, 1,200 feet, must be relocated; case at relocated railroad. 9. Sta. 819 + 00, a 30" water line crossing, 200 feet, continuation of (8), must be relocated. 10. Sta. 808 + 70 to 823 + 00 Right, a 36" water line in ROW east side, 1,480 feet, must be relocated. 11. Sta. 823 + 00, a 36" water line crossing, continuation of (10), 280 feet, must be relocated. 12. Sta. 819 + 00 to 840 + 00 (end of section of highway construction) 20" Reynolds Metals line (City control) 3,220 feet, relocation required entire length, adapt to changes previously made to the north. 13.— Sta. 840 + 00 to 910 + 00, 20" Reynolds Metals line (City control), this section IS NOT INCLUDED in this agreement, engineering to be done by others. 14. Sta. 812 + 70, a 20" water plant drain line, 500 feet, 45° LF skew, relocation required, casing at relocated railroad required. 15. Location undetermined: Plan to assemble various lines at west side of IH -37 at Cunningham Water Plant, construct utility tunnel .for all and redistribute lines to various locations on east side of ROW. The work is regarded as extensive. It is included in response to the expressed desire of the State Department of Highways and Public Transportation that the utility crossings in this area be reduced to the minimum practical number by means of a joint -use tunnel. Engineering Services Contract -Attachment A Etheridge & Webb Engineers, Inc. Page 3 of 3 S )epartment of Highways a. alio Transportation 'Rignt of Way Division Form D -15-80A Page 1 of 2 Rev. 8-75 THE STATE OF TEXAS UTILITY JOINT USE AGREEMENT (controlled access highway) COUNTY Nueces PROJECT • 901b-12-5 COUNTY OF TRAVIS X ACCT. NO. HIGHWAY IH 37 LIMITS: From 0.1 mile East of MPRR Underpass To 0.9 mile South of Nueces River WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the Corpus Christi Water Departmen hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on the plans attached to Utility Agreement as executed by Owner on the day of , 19_, or on location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facil- ities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of Highways and Public Transportation prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the State Department of Highways and Public Transportation, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, within 30 days after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. OWNER hereby agrees that access for servicing its facilities normally will be limited to access via (a) Frontage roads where provided (b) Nearby or adjacent public roads and streets, or (c) Trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way. Where supports, manholes, or other appurtenances of the Owner's facilities are located in medians or interchange areas, access to them from the through -traffic roadways or ramps e Department of.Highways Publi.c Transportation Right of Way Division Form D -15-80A Page 2 of 2 Rev. 8-75 will be permitted but only by permits issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. If an emergency situation occurs, and the usual means of access for service operations as herein provided will not permit the immediate action required by the Owner in making emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic road- ways and ramp as necessary to accomplish the required emergency repairs. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (1) The Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) The Owner and the State, by the execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation District Engineer Right of Way Engineer Date OWNER: By Title Date State Department of Highways and Public Transportation Form D-15-35 Page 1 of 5 Rev. 8-75 STANDARD UTILITY AGREEMENT COUNTY Nueces ACCOUNT NO. PROJECT 9016-12-5 AGREEMENT NO. HIGHWAY IH 37 PARTY OF THE FIRST PART: State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the STATE. PARTY OF THE SECOND PART: Corpus Christi Water Department hereinafter called the OWNER, acting by and through its duly authorized representative. WHEREAS, the STATE has deemed it necessary to make certain highway improvements on the Interstate System as designated by the State and approved by the Federal Highway Administration generally described as follows: County Nueces Highway IH 37 located from 0.1 mile East of MPRR Underpass to 0.9 mile South of Nueces River and WHEREAS, the STATE will participate in the costs of relocating and adjusting certain facilities to the extent as may be eligible for State participation under Art. 6674w-4, V.A.C.S., and which costs are eligible for Federal participation; and WHEREAS, the STATE will request Federal participation in payment of the costs incurred in the adjusting of OWNER'S facilities under the provisions of Policy and Procedure Memorandum 30-4, issued by the U. S. Department of Transportation Federal Highway Administration on June 29, 1973, and amendments thereto, and WHEREAS, execution by the STATE will constitute approval for the Federal Highway Administration under authority of Paragraph 16 of Policy and Procedure Memorandum 30-4, and WHEREAS, this proposed highway improvement will necessitate the relocation or adjust- ment of certain facilities of OWNER as indicated in the following statement of work: See attached Sheet: and such work is shown in more detail in OWNER'S preliminary plans, specifications and cost estimates which are attached hereto and made a part hereof, and which are prepared in form and manner required by Policy and Procedure Memorandum 30-4, and amendments thereto, and ,tate Department of Highways . and Public Transportation Form D-15-35 Page 2 of 5 Rev. 8-75 WHEREAS, the STATE desires to implement the relocation or adjustment of OWNER'S facilities by entering into an agreement with said OWNER as soon as possible, NOW, THEREFORE, BE IT AGREED: The STATE will pay to the OWNER the costs incurred relocating and adjusting OWNER'S facilities up to the amount said costs may be eligible for State parti- cipation and which costs are eligible for Federal cost participation. The OWNER has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter; ri(1) Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. J(2) Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the OWNER and approved by the STATE. Li (3) An agreed lump sum of $ , as supported by the analysis of estimated cost attached hereto. (Note: This method is not applicable where the estimated cost of the proposed adjustment exceeds $10,000.) If costs are developed under procedure (1) or (2) as before specified, the STATE will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in form and manner as prescribed by Policy and Procedure Memorandum 30-4 and amendments thereto, make payment in the amount of 90% of the eligible costs as shown in the final billing prior to the required audit and after such audit shall make final payment in an amount so that the total payments will equal the amount found eligible for State reimbursement by the final audit. When requested, the STATE will make intermediate payments at not less than monthly intervals to OWNER when properly billed and such payments will not exceed 80% of the eligible cost as shown in each such billing. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. If costs are developed under procedure (3) as before specified, the STATE will, upon satisfactory completion of the relocations and adjustments and upon receipt of a billing prepared in acceptable form, make payment to OWNER in the agreed amount. Upon execution of this agreement by both parties hereto, the STATE will, by written notice, authorize the OWNER to proceed with the necessary relocations or adjustments, Ate Department of Highways and Public Transportation Form D-15-35 Page 3 of 5 Rev. 8-75 and the OWNER agrees to prosecute such work diligently to completion in such manner as will not result in avoidable interference or delay in either the STATE'S highway construction or in the said work. Such authorization to proceed shall constitute a commitment on the part of the STATE that the utility relocation has been included in an approved program as an item of right of way acquisition or construction, that a project agreement which includes the work will be executed, and that the utility relocation will be required by the finally approved project agreement and plans. Form D-15-48 enclosed with OWNER'S preliminary estimates attached to this agreement, is approved as complying with Paragraph 6 of Policy and Procedure Memorandum 30-4 and OWNER is authorized, but not required, to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by OWNER only with approval of the STATE in accordance with Policy and Procedure Memorandum 30-4. The OWNER will carry out said relocations and adjustments, accurately record the costs, and retain such records in accordance with applicable rules, regulations and procedures and all other provisions of Policy and Procedure Memorandum 30-4, and the costs paid by the STATE pursuant to this agreement shall be full compensation to OWNER for all costs incurred by OWNER in making such relocations and adjustments. Bills for work hereunder should be submitted to STATE not later than 90 days after completion of the work. It is (XD05Kt) necessary to construct a new replacement facility. The replacement facility7QiffiC (will not) remain in useful service beyond the time when the existing utility facility would have remained in useful service or would be replaced; there- fore, a credit for expired service life (will not) be allowed against the cost of the project. (Where credit is not allowed, additional documentation supporting such determination may be required.) In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the STATE. It is expressly understood that this agreement is subject to cancellation by the STATE at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the STATE. State Department of Highways 'and Public Transportation Form D-15-35 Page 4 of 5 Rev.8-75 The OWNER by execution of this agreement does not waive any of the rights which OWNER may legally have within the limits of the law. It is hereby agreed that the following numbered subparagraphs (1) through (6) are applicable only in those cases where the OWNER does not perform the relocation or adjustment work with its own forces, i.e., where the OWNER enters into a contract or agreement with a construction contractor, or similar party to perform such relocation or adjustment work. In this event, the OWNER shall not discriminate in its choice of contractors and shall include the following numbered subpara- graphs (1) through (6) in its contracts or agreements, thereby providing that its contractors will not discriminate in their choice of subcontractors, including procurements of materials and leases of equipment. (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimination in federally -assisted programs of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or natural origin in the selec- tion and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A -II of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or equipment, each poten- tial subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all informa- tion and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Highways and Public Transportation or the Federal Highway Administration to be pertinent to ascertain com- pliance with such Regulations, orders and instructions. Where any infor- mation required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Department of Highways and Public Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. State Department of Highways and Public Transporation Form D-15-35 Page 5 of 5 Rev. 8-75 (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Department of Highways and Public Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The con- tractor will take such action with respect to any subcontract or procure- ment as the State Department of Highways and Public Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such liti- gation to protect the interests of the State, and, in addition, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. RECOMMENDED FOR EXECUTION: District Engineer Right of Way Engineer STATE OF TEXAS Party of the First Part Certified as being executed for the pur- pose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By: Asst. State Engineer -Director for Highways and Public Transportation Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute 70104. Owner: By: Title: Date: Relocate and Case - 36" mud line Base Line Sta. 747+20 " - 12" mud line Base Line Sta. 743+05 Lower and case - 30" water line Right Frontage Road Sta. 743+20 Relocate and parallel to East ROW - Rt. 220' of Sta. 806+08 to Sta. 822+96 30" Water line. Relocate and parallel to Esat ROW - Rt. 224' of Ste. 808+23 to Sta. 823+04 36" Water line. Relocate and case 30" crossing at Sta. 822+96 36" crossing at Sta. 823+04 Relocate and case 20" Water line Crossing at Sta. 812+70 20" Water Line Crossing at Sta. 819+00 20" Water line parallel to and Rt. 320' of Sta. 819+00 to and along East Proposed ROW to North for 2,300' to Sta. 842+00 20" Water line Crossing at Sta. 842+00 F Department of Highways blic Transportation ro_ _ D-15-48 -•Pagel of 2 Rev. 8-75 COUNTY STATEMENT T (Covering Contract Work as Appears on Preliminary Estimate) ' PROJECT 9016-12-5 HIGItTAY I, Z$ 37 ative of fully cognizant o t :e' which will or may be done on mate to which this statement acts ACCT. NO. AGREELEET NO. • , a duly authorized and qualified represent- hereinafter referred to as OiiNE?, am rake we following statements in respect to work a contract basis as appears in the preliminary esti- is attached: an ❑ I. It is more economical and/or expedient for OWNER to contract this adjustment because: ❑ II. OWNER is not adequately staffed or equipped to perform the necessary work on this project with its own forces to the extent as indicated on the preliminary estimate. PROCEDURE TO BE USED IN CONTRACTING WORT: A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest qualified bidder who sub- mits a proposal in conformity with the requirements and specifications for the work to be performed. 11. Solicitation for bids is to be accomplished by circularizing to a list of prequalified contractors or know•m qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be perforned. Since nares and addresses of known qualified 'Ste ?artment of•Highways and . sic Transportation Fern D=15-48 - Page 2 of 2 Rev. 8-75 contractors must be submitted to the State in advance of solicitation for bids, such presently known contractors are as follows: 1. 2. 3. 4. 5. NOTE: Under the provisions of Paragraph 6c of Policy and Procedure Aiemorandum 30-4, the State must be informed of any addition to this list prior to circularizinE for bids. C. The work is to be performed under an existing continuing contract under which certain work is regularly performed for OWNER and under which the lowest available costa are developed. (If only part of the contract work is to be done under an existing continuing contract give detailed information by attachment hereto.) D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the preliminary estimate in order to obtain the concurrence of the State and the Division Engineer, where applicable, prior to taking action thereon (approval of the agreement shall be considered as approval of such proposal). (Name) (Title) (Date) CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article N Section 21) February 1, 1984 • I certify to the.City Council that $ 70,000.00 - , , the amount required for A 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 Water Bond Fund Project No. 205-81-15 - ' Project Name I.H. 37 Utility Adjustments (Calallen Area) from which itis proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 Corpus Christi, Texas day of cjjr�;.r,u. 7 , 198 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 CITY CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown l' Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez e Mary Pat Slavik ear- 1SCW2