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HomeMy WebLinkAbout19731 ORD - 04/23/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH ASSOCIATED ENGINEERS AND SURVEYORS AND WELSH ENGINEERING, A JOINT VENTURE, FOR THE DESIGN OF WEST ALLISON SANITARY SEWER TRUNK MAIN NO. 2; APPROPRIATING $144,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with Associated Engineers and Surveyors and Welsh Engineering, A Joint Venture, providing for the design of West Allison Sanitary Sewer Trunk Main No. 2, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $144,000 from the No. 501 Sanitary Sewer Bond Fund applicable to Project No. 501-86-8.1, West Allison Sanitary Sewer Trunk Main No. 2. 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 of executing the abovementioned contract at the earliest practicable date, 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 54-h day of , 19 g7 ATTEST: Pty-hsue4c17r9tary M OR THE C TY OF CORPUS CHRISTI, TEXAS APPROVED: Z.'J L DAY OF HAL GEORGE, CITY ATTORN 04P.127.01 , 197 197a1 MICROFILMED CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § COUNTY OF NUECES 5 The City of Corpus Christi, hereinafter called "City", and Associated Engineers and Surveyors and Welsh Engineering, a Joint Venture, 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, plans and specifications and provide inspection and contract administration as hereinafter specified for the West Allison Sanitary Sewer Trunk Main No. 2 from the Allison Wastewater Treatment Plant to Callicoate Road. II. SCOPE OF SERVICES Engineer's services for Section I will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1982 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. Preliminary Phase: 1. Review Master Plans for sanitary sewers and subsequent amendments for areas tributary to the proposed line. 2. Review Engineering Report for Calallen Area Sanitary Sewers prepared by City's Department of Engineering dated 1984. 3. Review land use plans and zoning patterns to determine anticipated contributing flows. 4. Prepare alternative designs for transporting contributory flows to the Allison Wastewater Treatment Plant (gravity main, lift station and force main or combination). Alternative pipe materials shall also be evaluated. 5. Prepare cost estimates for alternate designs to include life cycle cost analysis for each alternate. B. Design Phase 1. Acquire all permits required by any local, State or Federal authorities. 2. Secure necessary field surveys to effect plan preparation. 3. Prepare detailed plans and specifications for construction. Furnish all necessary copies of plans, specifications and proposal documents to the City for advertising for bids (City estimates a maximum of 30 sets of advertising documents will be required). 4. Prepare estimates of cost and quantities. • 5. Assist City in securing bids and prepare bid tabulation sheet. 6. Tabulate bids received, analyze, and make recommendation concerning award of contract. Engineering Services Contract West Allison Sanitary Sewer Trunk No. 2 Page 1 of 6 7. In the event the lowest bid exceeds the project budget cost, confer with City and make revisions as is necessary and satisfactory to City for the readvertising of the project for bids. C. Construction Phase: 1. Check shop and working drawings when required and furnished by contractor. 2. Attend the pre -construction conference and assist City in responding to questions. 3. Consultation with the City and other advice as needed during construction. 4. Provide any field data acquired during the design phase which may be necessary for construction staking. City forces to provide construction staking. 5. General observations of the work and interpretation of the plans and specifications by periodic visits (as distinguished from the continuous services of a resident project representative) to the site. Periodic visits shall mean a minimum of one project visit weekly of a two hour duration during the Construction Phase. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of the contractor, but he cannot guarantee the performance of the contractor nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 6. Preparation of change orders and monthly and final estimates for payment to the contractor, based on contractor's submittal. 7. Represent the City in interpreting and rendering decisions on the requirements of the contract documents and claims or disputes between the contractor and the City, to include any disputes or claims made by the City against the contractor within one year of the final inspection; instruct the contractor on behalf of the City (including preparation of supplementary drawings or instructions required to effectuate the intent of the contract documents). 8. Conduct the Final Inspection in conjunction with City Engineering personnel. 9. Revision of the construction drawings to show the project as actually constructed and the furnishing of "As -Built" reproducible drawings. D. Required Coordination Efforts: In addition to the routine coordination of this project with a designated representative of the Director of Engineering Services, direct coordination efforts shall occur with the following: 1. City Utilities (Water, Wastewater, Gas) - Preliminary - location of existing facilities. Design - relocation and/or adjustment of facilities. Water and Wastewater relocations and/or adjustments to be included in plans and specifications for bidding. Engineering Services Contract West Allison Sanitary Sewer Trunk No. 2 Page 2 of 6 Other Utilities - Preliminary - location of existing facilities. Design - provide plans so that planning and implementation of any adjustments and/or relocations can occur without delaying construction. E. Special Services: The City may desire to apply for Federal assistance under the provisions of Public Law 97-117 for monies to pay for a portion of the improvements contemplated as part of this project. Said assistance would be used for financing new collection facilities to serve areas which have been previously added to the Allison Plant collection system or are adjacent to said areas previously added. These additions are at and near the Calallen area of the City and are located east and west of US 77, along FM 624 and South of the Nueces River and directly affect and impact the sizing and routing of collection facilities to the Allison Plant. During the preliminary phase of basic services under this contract and after preliminary sizing and routing of proposed collection facilities to handle the added areas, engineer shall review EPA publication CG 85 and the 1981 Facilities Plan for the Allison System and present to the City a preliminary description and synposis of the line sizes and system that would be needed to serve the areas described above and added to the Allison System. The engineer shall assist the City in its presentation to the Texas Water Quality Board which would be made to obtain their comments with regard to potential grants or loans that might be available to the City for this project. Upon receiving the comments of the Texas Water Development Board through the City, the engineer will then make a recommendation of the advisability of proceeding further with an application for a grant or loan and subsequent revising of the Allison System Facilities Plan. If the City agrees with the engineer's recommendation that a grant or loan application would be of benefit to the City and the City elects to proceed with said application, the City and engineer shall then negotiate a change of scope and fees for this contract to provide for the construction grant/loan application and possible amendment to the Facility Plan. This contract includes the furnishing of geotechnical services by the Engineer in the form of subsurface investigations, laboratory testing and report analysis of such information to assist in determining the appropriate pipe material and bedding conditions. The City is to receive three (3) copies of all laboratory reports and other summary reports prepared under this item. City agrees to pay Engineer a sum not to exceed Five Thousand Dollars ($5,000.00) for special services related to the Federal Grants process and Nine Thousand Dollars ($9,000.00) for geotechnical services. This sum is in addition to the Basic Fee as outlined in Section III, Paragraph A herein. The fee for special services shall be paid on a monthly basis, based on submitted invoices. Surveying for all design work under this Contract is not considered a Special Service but is required and is fully compensated for and included in the Basic Fee outlined in Section III, Paragraph A herein. Engineering Services Contract West Allison Sanitary Sewer Trunk No. 2 Page 3 of 6 F. Project Budget The City has budgeted $2,375,000 for this project as included in the Wastewater proposition of the April, 1986 bond referendum. This figure includes construction costs, engineering fees, construction testing, inspection services, contingencies and related items. G. Order of Services Engineer agrees to begin work immediately after written authorization from the City and to complete the Preliminary Phase within 120 calendar days after authorization; the Design Phase will be completed within 120 calendar days of written notice by the City to proceed with this phase. Special services related to the Federal Grants process shall be completed within 60 calendar days of authorization. III. FEE follows: A. Fee for Basic Services The fee for performing the Basic Engineering Services will be as The City will pay the Engineer a fixed fee of One Hundred Thirty Thousand Dollars ($130,000.00) providing for all services (except Special Services) in this Contract. This fee will be full and total compensation for all services outlined in this Contract including additional work which may be added during construction by change order to existing contracted work provided that work specified by change order is in keeping with the original scope of work and is normal and incidental to the type of construction proposed. Fees for Special Services are outlined in Section II, Paragraph E, of this Contract. B. Payment of Fee for Basic Services The fee for Basic Services is to be due and payable as follows (said services listed above): 1. In the Preliminary Phase For services rendered under the Preliminary Phase as described above for work authorized by the City, 30% of the fixed fee shall be due and payable. Payment shall be made on a monthly basis based on submitted invoices. 2. In the Design Phase (for Work as Authorized by the City) For services rendered under the Design Phase, as described above, an amount equal to 50% of the fixed fee for work authorized by the City shall be due and payable. Payment may be made on a monthly basis, based on submitted invoices. - Engineering Services Contract West Allison Sanitary Sewer Trunk No. 2 Page 4 of 6 3. Construction Phase For services rendered under the Construction Phase, as described above, an amount equal to 20% of the fixed fee shall be due and payable. Payment will be made based on the percentage completion of the construction contract. IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this Contract upon seven days written notice to the other at the address of record. In this event, the Engineer shall be compensated for his services on all stages authorized as follows: A. If termination occurs prior to the final completion and approval of 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 stages or phases as has been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 85% of the fixed fee. 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 Sections III and IV of this Contract to the date of termination. D. 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 construction of the project contemplated by the parties to this Contract. V. RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein for the improvement project is determined to be substantially different from the description of services of construction budget contained herein, the fees set forth in this Contract shall be renegotiable only 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. VI. ENGINEER'S LIABILITY Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents and consultants, for the accuracy and competency of their designs, working drawings, and specifications or other documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications or other documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect Engineering Services Contract West Allison Sanitary Sewer Trunk No. 2 Page 5 of 6 in designs, working drawings, and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. VII. OWNERSHIP OF DOCUMENTS Upon completion of the project (or upon termination of this Contract, if previously terminated), the Engineer shall furnish to the City, in a suitable container for filing, "record drawings", reproduced on linen or mylar drafting film from the original drawings, together with a correct and legible set of specifications. VIII. 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 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. IX. TECHNICAL ASSISTANCE AND CONSULTATIONS The City shall not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. X. DISCLOSURE OF INTERESTS Engineer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Contract, 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 Craig A. McDowell, City Manager APPROVED: ASSOCIATED ENGINEERS AND SURVEYORS day of , 19 Assistant City Attorney Engineering Services Contract West Allison Sanitary Sewer Trunk No. 2 Page 6 of 6 WELSH ENGINEERING 4/410:1/L By: Title: CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on notional or regional stock exchanges or over-the- counter markets may file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering the questions below."See reserve side for definitions. fi•V FIRM NAME: ts// (.W)%.✓� /gssacrA- � O,rr_ c .�,.s',r/L(/C, JY.1'/�., STREET- ;o/0% �` tf (O" rl CI are. (O i j 4 tt..n ZIP•• 7GPSw — FIRM is: 1. Corporation ( ) 4. Association ( ) 2. Partnership ( ) 3. Sole Owner (/f S. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nome Job Title and City Department (if known) Afg e- 2. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NO,✓L 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 hove not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.y Certifying Person: N/vil /�/' G /6Z -SW Tifle•G//j/C/)�CJ,) t rr.o,o,,,�t Signature of Certifying Person: /I%^Z�,�// Dote %O �iY�'�% CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 9, 1987 I certify to the City Council that $144,000 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the - credit of: Rind No. and Name No. 501 Sanitary Sewer Bond Fund Project No. 501-86-8.1 Project Name - West Allison Sanitary Sewer Trunk No. 2 - from which it is proposed to he drawn, and such money is not appropriated for any other purpose. �` FIN 2-55 J Revised 7/31/69 Lip]) 7; 3'5 0O0,00 AR 14,J/i7 Corpus Christi, Texas 5441 day of , 198'7 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, 62-e, „m!tel. MAYOR ` THE CITY OF CORPUS CHRISTI, TEXAS Council Members The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.045.01 19731