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HomeMy WebLinkAbout11440 ORD - 04/04/1973JRR:jlch:4-3-73; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR ENGINEERING SERVICES REQUIRED FOR THE DESIGN OF THE SARATOGA SANITARY SEWER MAIN, PROJECT NO. 250 -72 -2, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY i OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF NO. 250 SANITARY SETA---R BOND FUND $105,000 FOR THE AFORE- 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 Urban Engineering for engineering services required for the design of the Saratoga Sanitary Sewer Main, Project No. 250 -72 -2, all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "An SECTION 2. There is hereby appropriated out of Pia. 250 Sanitary Sewer Bond Fund the sum of $105,000 for the aforesaid engineering services for the design of the Saratoga Sanitary Sewer Main. SECTION 3. The necessity to immediately authorize the execution of the aforesaid contract and to appropriate the necessary sums in order that the project may proceed without delay creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested that said Charter rule be suspended, 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, th the day of April, 1973. ATTEST: i 0 4CitySec MAY THE CITY OF k 5 CHRISTI, TEXAS A PRO D: DAY OF APRIL, 1973: Cigy Atto�rne , /¢4.�. C O N T R A C T FOR ENGINEERS' SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and Urban Engineering, 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, design plans and specifications for the following improve- ments to the City of Corpus Christi Sanitary Sewer System. The project is gen- erally known as "Saratoga Main" and its scope is as follows: "The project includes the first phase of an overall interceptor system which shall be designed to serve the area bounded by Holly Road, Weber Road, and Oso Creek. The feasibility study and preliminary report will cover this area, thereby establishing provisions for the basis of the design of first phase. The first phase will be that portion from the Oso Wastewater Treatment Plant to near Saratoga Boulevard and Airline and shall include the construction of interceptor sewer mains, lift stations and other appurtenances necessary. The feasibility study shall be closely coordinated with the work the firm of McCaughan and Etheridge is performing on the McArdle and Oso Trunk Study. The work, however, shall not begin on the project until the firm of McCaugban and Etheridge has completed the study on the McArdle and Oso Trunks." It is contemplated that a preliminary conference between City representatives and the Engineer shall outline the details of the project and if desired by the City, divide the project into separate phases, with the Engineer proceeding with the work on such phase or phases as directed in accordance with written request as may be determined at said conference. The services of the Engineer shall in- clude, 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 report and feasi- bilities study directly related to and part of the pre- liminary design work being considered•, such report to be coordinated with related work in the area; 3) Submission of five copies of preliminary report and the Engineer's specific recommendations to the City for approval prior to proceeding with any further work; 11) Preparation of tentative cost estimates of the proposed phase or phases of construction; 5) Preparation of all forms necessary for application to ap- propriate redcral agency for Icderal grant on the project; FX# .'qg 6) Environmental assessment of effects on social and economic. aspects of the service area; 7) Preparation of A.O.W. maps required with descriptions and ownerships for the purpose of land acquisition and /or con- sents and submission of this information and maps to the City. B., Design Phase: Scope of Basic Services: 1) Field surveys necessary for design of the approved phase or phases of the project. Where surveys are needed for structures Engineer shall provide such surveys as well as those for design; 2) City will provide all utility information on record and in critical areas City will uncover lines for the Engineer for verification; 3) Planning any soil borings or subsurface explorations or any special surveys and tests which may be required for design, arranging for such work to be done directly for Owner's account, and engineering interpretation of results of such investiga- tions; 4) Furnishing to the owner, where applicable, the engineering date necessary for applications for permits required by local, state and federal authorities and assisting in the preparation of forms involving environmental report statements; 5) Preparation of detailed contract drawings on reproducible linen or plastic and specifications for construction authorized by the Owner; 6) Preparation of detailed cost estimates and bidders' proposal forms for authorized construction; 7) Furnishing five copies of plans and 30 sets of specifications, notice to bidders, and bidders' proposals; additional copies of plans, if requested by City, shall be furnished at Engineer's cost of reproduction; 8) Assistance to the Owner in securing bids; 9) Assistance in the tabulation and analysis of bids and furnish- ing recommendations on the award of construction contracts; 10) Assistance in the engineering phases of the preparation of formal contract documents for the award of contracts and pre - paration of final documents after award is made; 11) Assist the City with the necessary communications to the appro- priate State or Federal Agencies regarding the project; 12) Provide all other Engineering information required for the pro- secution of the design work but not limited to the items above. C. Construction Phase: Scope of Basic Services: 1) Performing general supervision and administration of author - ized construction (as distinguished from continuous 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 endeavor to protect the Owner against defects and deficiencies 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 contrac- tors; 4) Review of laboratory, shop and mill tests of materials and equipment; 5) Preparation and review of monthly and final estimates for t payments to contractors and preparation of all forms nee - essary for submission to State and Federal Agencies with the estimate form; 6) Supervision of initial operation of the project, or of performance tests required by specifications; 7) Making a final inspection of the project with City and appropriate State or Federal Agencies; 8) Revision of contract dravri.ngs, 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; g) Submission of a summary of inspectors monthly progress re- ports and assistance to the City in the administration phase of the project; 10) Provide all other services necessary for the prosecution of the work exclusive of resident inspection and laboratory testing and staking services but not limited to the items listed above. 2. COST OF THE PROJECT - PRELIMINARY ESTIMATE. The City has budgeted the sum of One million five hundred thousand dollars for 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 un- til this is done. In the event the project is divided into stages at said pre- liminary conference, said budgeted sum shall be prorated among the stages as de- termined at said conference. 3. COST OF THE PROJECT - FINAL BIDS. The Engineer shall endeavor so to design the project that its total cost will not 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 preliminary plans and drawings, not in excess 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 revisions 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 prelimin- ary plans and the opening of bids. ( 4. FEE. The Owner will pay to the Engineer a fee of Seven and One- percent (7.5 %) 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. The basic fee is based on the latest issue of the Manual of Engineering Practice, 1972, and the work falls basically between Curve A and B of said manual. "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 engineer- ing services, excluding fees or other cost for engineering and legal service, the cost of land, 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 (in- eluding extras by Change Order except as indicated below) 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 adjusted accordingly on a relative curve between Curve A and 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. The Engineer will not be paid a fee for any increases in the construc- tion cost resulting from Change Order and resulting from negligence of the Engineer. The fee shall be payable as follows: A. 25°4 of the basic fee of 7.5 % upon completion and accep tance by the City of the preliminary plans and report, sketches, and cost estimates, meeting the requirements of paragraphs lA above. This portion of the fee will be based on the budgeted amount of the contract or on the preliminary estimate of cost, whichever is the lesser amount. B. 50% of the basic fee of 7.5 % upon the completion and ac- ceptance by the City of detailed final plans and specifi- cations meeting the requirements of Paragraphs 1B above of such stages as have been authorized. If bids have not been solicited by 120 days after the completion of detailed plans and specifications to which the City has no reasonable objection, this 50% 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. 25% of the basic fee of 7.5 ju shall be paid during the course of construction in monthly payments. Each monthly payment shall bear a relation to the amount paid on the construction contract which is the same as 25% of this said fee bears to the total construction cost. 5. TERMINATION OF CONTRACT. The City may at any time, with or with- out cause, terminate this contract. In this event the Engineer shall be com- pensated 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 de- scribed 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 cor_strue- 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 contract, but prior to the final completion or acceptance by the City, the fees of the Engineer shall be computed in accordance with provisions of Paragraph 4 of this contract to the date of termination. 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 construe - 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 ORuER OF ENGINEER'S SERVICES. The Engineer shall furnish the documents and personally render or provide the services required by the con- tract in such sequence and at such times as may be necessary 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 90 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 150 calendar days after approval of the preliminary plans and written authorization from the Director of Engineering Services to proceed with final plans. i 7. ASSIGNABILITY. The Engineer shall not assign, transfer or dele- gate any of his obligations or duties in this contract to any other person with- out the prior written consent of the City, except for the routine duties dele- gated to personnel of the engineer's staff. If the Engineer is a partnership, 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 DOCUMENTS. Upon completion of the project (or upon the termination of this contract, if previously terminated) the Engineer shall furnish to.the City "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: THE CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend, City Manager APPROVED AS TO LEGAL FORM THIS day of , 1973 City Attorney Director of Finance ATTEST: URBAN ENGINEERING Secretary By ( - ? 4/11/73 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) Marc 1 I certify to the City Council that $_10 ,000 for the contract, a p , the amount required greement, obligation or ex enditures the in the above and foregoing ordinance is in the Treasury of the City of Corpus to the credit of: Christi Fund No. and Name No. 250 S 5 au9 -tar Sewer Project No. 250-72-2 Project Name Sarato a Main from which it is proposed to be drawn, and such money is not appropriated for any other Purpose. Engineering Services - Urban Engineering FIN 2 -55 Revised 7/31/69 March 21 , 19_73 1 irector of ance C L Q CORPUS CHRISTI, TEXAS L .R. DAY OF �y, ..:p�J �9_z,� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH + ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVEMNECESSITY LEXISTOFOR THE FOREGO OSUSPENG 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 I, 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. ESPEC FULLY, Q 14AYOR THE CITY OF S CHRISTI, TEXAS . IIle CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES RONNIE SIZEMORE . CHARLES A. BON NIWE LL ROBERTO BOSQUEZ,I4.D. . REV. HAROLD T. BRANCH THOMAS V. GONZA LES - - GABE LOZANO, SR, - J. HOWARD STARK' THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING- RONNIE SIZEMORE CHARLES A. BONNIWELL " ROBERTO BOSQUEZ, M.D. .REV. HAROLD T. BRANCH U THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK