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HomeMy WebLinkAbout11375 ORD - 03/21/1973:.r JRR /Ilc 5/19/73 15T AN ORDINANCE t AUTHORIZING THE CITY MANAGER TO, EXECUTE A CONTRACT WITH SMITH & RUSSO, ASSOCIATED ARCHITECT AND ENGINEERS, FOR ENGINEERING SERVICES FOR THE DESIGN OF SANITARY SEVIER LIFT STATION, COLLECTORS, MAINS, AND LATERALS TO SERVE THE AREA SOUTH OF THE blAllJ CHANNEL AT TROPIC ISLES SUB - DIVISION AND GENERALLY BETWEEN Y:ALDRON ROAD, MEDITERRANEAN r.. AVENUE, THE LAGUNA MADRE AND KING RANCH, PROJECT NO. ` 250 -72 -6, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF ';WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $10,625 FOR SAID SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE A CONTRACT WITH SMITH & RUSSO, ASSOCIATED ARCHITECT AND ENGINEERS, FOR ENGINEERING SERVICES FOR THE DESIGN OF SANITARY SEWER LIFT STATION, COLLECTORS, MAINS, AND LATERALS TO SERVE THE AREA SOUTH OF THE MAIN CHANNEL AT TROPIC ISLES SUE;DIVISION AND GENERALLY BETWEEN WALDRON ROAD, MEDITERRANEAN AVENUE, THE LAGUNA . MADRE AND KING RANCH, PROJECT NO. 250-2-6, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT` "A" AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF THE N0. 250 SANITARY SEWER BOND FUND THE SUM OF $10,625 FOR SAID SERVICES. SECTION 3. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AFORESAID CONTRACT FOR ENGINEERING SERVICES AND TO IMMEDIATELY APPROPRIATE THE HEREINABOVE DESCRIBED FUNDS CREATES A PUBLIC EMERGENCY AND 114PERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY` - *TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER � ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY pk' H, 1173• ATTES O CITY SECR'l' ''� // htAYOR THE CITY OF C IRISTI, TEXAS 11375 C O N T R A C T FOR ENGINEERS' SERVICES THE STATE OF TEXAS COUNTY Or NUECES PT7 3" The City of Corpus Christi, hereinafter called "City "Rand Smith & Russo, hereinafter called "Engineer ", whether one or more, agree as follows: 1. SERVICES TO BE PERFORMED. The Engineer hereby agrees, at his own expense, to perform all engineering or related architectural services necessary to properly develop, construct and complete the follow- ing project: Preparation of plans and specifications for the construction of sanitary sewer lift station, collectors, mains, and laterals to serve the area south of the main channels at Tropic Isles Sub- division and generally between Waldron Road, Mediterranean Ave- nue, Laguna Madre and King Ranch. It is contemplated that a preliminary conference between the City and the Engineer shall outline the details of the project and if desired by the City, divide the pro;;ect into separate stages, with the Engineer proceeding with the work on such stage or stages as directed in accordance with written order as may be determined at said conference. The services of the Engineer shall include, but not be limited to the following: A. Preliminary Phase: Scope of Basic Services: 1. Participation in preliminary conferences with the owner regarding the project; 2. Preparation of preliminary engineering studies directly related to and part of the preliminary design work being considered; 3. Preparation of six copies of preliminary layouts, sketches and report, where applicable, and the Engineer's specific recommendations; 4. Preparation of tentative cost estimates of the proposed construction- 5. Preparation of all forms necessary for application to ap- propriate Federal Agency for grant on the project; 6. Preparation of Environmental Impact Statement providing an assessment of the effects of the project on the social and economic aspects of the service area. B. Design Phase: Scope of Basic Services: 1. Field surveys for design and of structures of limited area, such as buildings, but not to include clearing or surveys outside of area of structure; 2. Planning any soil borings or subsurface expberationsed or any special surveys and tests which may q for design, arranging for such work to be done directly for Owner's account, and engineering interpretation of results of such investigations; g. Furnishing to the owner, where applicable, the engineer- ing data necessary for applications for permits required by local, state and federal authorities; ^ 4. Preparation of detailed contract drawings in pencil on paper and specifications for construction authorized by the Owner; 5. Preparation of detailed cost estimates and bidders' proposal forms for authorized construction; 6. Furnishing five copies of plans and 30 sets of specifi- cations, notice to bidders, and bidders' proposals; additional copies of plans, if requested by City, shall be furnished at Engineer's cost of reproduction; 7. Assistance to the Owner in securing bids; 8. Assistance in the tabulation and analysis of bids and furnishing recommendations on the award of construction contracts; 9. Assistance in the engineering phases of the preparation of formal-contract documents for the award of contracts. C. Construction Phase: Scope of Basic Services: 1. Performing general supervision and administration of authorized construction (as distinguished from con- tinuous resident field inspection), including periodic visits of the Engineer or a competent representative of the Engineer to the site of construction. In the administration of the project, the Engineer will en- deavor to protect the Owner against defects and defi- ciencies in the work of contractors but he does not guarantee the performance of their contracts; 2. Consultations and advice with the Owner during construction; 3. Checking of shop and working drawings furnished by con- tractors; 4. Review of laboratory, shop and mill tests of materials and equipment; 5. Preparation or review of monthly and final estimates for payments to contractors; 6. Supervision of initial operation of the project, or of performance tests required by specifications; 7. Making a final inspection of the project; 8. Revision of contract drawings, with the assistance of the resident engineer, to show the work as actually constructed . which does not require field work or measurements for this purpose or redrawing Of sheets. 2. COST OF THE PROJECT - PRELIMINARY ESTIMATE. The City has budgeted the sum of One Hundred an d Twenty -five Thousand Dollars for the construction of this project, inclusive of engineering and legal expenses. The Engineer shall make such revisions in the preliminary Plans as may be required to reduce the estimated cost to the budgeted amount or to such greater sum as the City shall consider acceptable. The City shall not be obligated to accept the preliminary plans and drawings until this is done. In the event the project is divided into stages at said preliminary conference, said budgeted sum shall be prorated among the stages as deter- mined at said conference. 3. COST OF THE PROJECT - FINAL BIDS. The Engineer shall endeavor so to design the project that its total cost will nr,t exceed the budgeted amount stated in the foregoing paragraph; or if a greater sum is authorized by the City at the time of its approval of the pre:.iminary plans and draw- ings, not in exceso'of that amount. If at the time.-bids are received no bid is received within this limitation in amount, the City may require the Engineer to make such revisions in the plans and specifications as may be necessary to reduce the total cost of the construction to the budgeted amount. This shall not be construed to require the Engineer to make any such revi- sions if his plans and specifications would comply with the provision of this paragraph except for increases in the costs of labor or materials during the period elapsing between the completion of preliminary plans and the opening of bids. 4. FEE. The owner will pay to the Engineer a fee of eight and one- half percent (8.5 %) of the contract price for the construction on the project; or such stages or phases of stages thereof as have been authorized, which shall constitute complete compensation for all services which he agrees to perform in this contract. "Construction Cost" is defined as the total cost to the owner for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding fees or other cost for engineering and legal service, the cost of ].and, rights -of -way, legal and administrative expenses; but including the direct cost to the owner of all construction contracts, items of construction, including labor, materials and equipment, required for the completed work (including extras) and the total value at site of project of all labor, materials and equipment purchased or furnished directly by the owner for the project. In the event the project is increased or decreased in scope, then the fee will be adjusted accordingly on Curve B of the Manual of Engineering Practice and such fee will be based on actual construction cost. In addition, the fee percentage will be based on the total aggregate construction cost of all phases rather than each individual phase. This fee shall be payable as follows: A. 20% of the basic fee of 8.5 percent upon completion and acceptance by the City of the preliminary plans, sketches, and cost estimates, meeting the require- ments of paragraphs lA and 2 above. This portion of the fee will be based on the budgeted amount of the contract or on the preliminary estirate of cost, whichever is the lesser amount. B. 650 of the basic fee of 8.5 percent upon the completion and acceptance by the City of detailed final plans and specifications meeting the requ.rements of Para- graphs - ]B and 3 above of such stage.; as have been authorized. If bids have not been solicited by 120 days after the completion of detailed plans and specifica- tions to which the City has no reasonable objection, this 65% of the fee shall be payable at that time. In this event it will be based on the budgeted amount of the contract or on the detailed construction cost estimate, whichever is the lesser amount. C. 15% of the basic fee of 8.5 percent shall be paid during the course of the construction in monthly payments. Each monthly payment shall bear a relation to the amount paid on the construction contract which is the same as 15% of said fee bears to the total construction cost. 5. TERMINATION OF CONTRACT. The City may at any time, with or without cause, terminate this contract. In this event the Engineer shall be compensated for his service on all stages authorized as follows: A. If termination occurs prior to the final completion and approval of the drawings and specifications, the Engineer shall be paid a reasonable compensation for the services actually rendered by him in accordance with the above described schedule of fees and in proportion to the amount of work done on such stage or phase of stages as have been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 50% of the basic fee based on Engineer's construc- tion estimate submitted with the Design Phase, plus the fee paid for the preliminary phase, less the credit as afore- described. C. If termination occurs after the letting of the contract, but prior to final completion or acceptance by the City, the fees of the Engineer shall be computed in accordance with the provisions of Paragraph 4 of this contract to the date of termination. r, C. The foregoing shall not be construed to require the City to compensate the Engineer for any services not performed in a proper professional manner suitable for use in the construc- tion of the project contemplated by the parties to this agreement. E. If the Engineer should be unable to complete this contract due to death, illness, or any other cause beyond his reason- able control, he or his estate shall be compensated in the manner set forth above. 6. TIME AND ORDER OF ENGINEER'S SERVICES. The Engineer shall furnish the documents and personally render or provide the services re- quired by this contract in such sequence and at such times as may be neces- i sary to insure the prompt and continuous design and construction of the project.:' The Engineer agrees to furnish the preliminary, studies for City approval not later than 30 calendar 'days from the date of authorization to proceed by Director of Engineering Services, and to furnish the completed drawings and specifications for final approval of the City not later than 90 calendar days after approval of the preliminary plans and written authorization from the Director of Engineering Services to proceed vrith final plans. 7. 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 the routine duties delegated to personnel of the Engineer's staff. If the Engineer is a partner- ship, in the event of the termination of the 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. 8. OWNERSHIP OF DOM ENTS. Upon completion of the project (or upon the termination of this contract, if previously terminated) the Engineer shall furnish to the City, in a suitable container for filing, "As Built" plans, reproduced on linen or plastic drafting film from the original drawings, together with a correct and legible set of specifications. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1973• ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS L ( DAY OF AA 6n:0 1973 C At o ney� r Director of Finance ATTEST: Secretary THE CITY OF CORPUS CHRISTI by R. Marvin Townsend, City Manager SMITH & RUSSO By CORPUS CHRISTI TEXAS DAY OF �9 TO THE MEMBERS OF THE CITY COUNCIL . CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING ' ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. R R ULLY, Q �� MAYOR THE CITY OF CORPU HRISTI�- TEXAS k• THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES. BONNIE SIZEMORE CHARLES A. BONNIWELL.. ROBERTO BOSQU£Z, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES - - GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES RONNIE SIZE. MORE CHARLES A. SONNIWELL - - ROBERTO SOSQUEZ, M.D. -REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK