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HomeMy WebLinkAbout19737 ORD - 05/01/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH SMITH & RUSSO, INC. FOR THE DESIGN OF AYERS STREET FROM SANTA FE STREET TO NORTON STREET; APPROPRIATING $194,500; 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 Smith & Russo, Inc. providing for the design of Ayers Street from Santa Fe Street to Norton Street, 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 $194,500 from the No. 561 Street Bond fund, applicable to Project No. 561-86-12.1, Ayers Street/Santa Fe to Norton. 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 takgg effect upon firs reading as an emergency measure this the to/1-11 of , 19 k% . ATTEST: 414 Secretary MAYO APPROVED: PT DAY OF 7iGl , 19,P7 HAL GEORGE, CITY ATTORNEY 05P.034.01 4))/"L THE CITY OF CORPUS CHRISTI, TEXAS 19737 MICROFILMED CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi hereinafter called "City" and Smith & Russo, 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, plans and specifications and provide inspection and contract administration as hereinafter specified for the reconstruction and widening of Ayers Street from Santa Fe to Norton. 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 1962 by the_ Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. Preliminary Phase: 1. Analysis of future required street width utilizing: a. Traffic projections, b. Current zoning and/or land use plans of the adjacent areas, and c. Existing Urban Transportation Plan. 2. Recommendation of a pavement section design utilizing: a. Traffic projections, including Directional Distribution and Composition (truck count to include number of axles), and b. Geotechnical evaluations of existing soil conditions. Preliminary pavement design shall be prepared on both a 20 year and 30 year life. 3. Analysis of storm drainage requirements to include a study of the existing system along Ayers Street will be necessary to determine appropriate locations for extending the system. Engineer is to recommend route, size and estimated cost of such drainage system. 4. Impact of proposed improvements on adjacent properties including right-of-way requirements for both the street and storm drainage facilities. Appraisal work for this purpose is not included in the scope of this study, i.e. reasonable estimates for this purpose are adequate. In particular, the impact of improvements along Ayers Street upon businesses with head -in parking which might be eliminated. City will provide access to its record of traffic counts, right-of-way and subdivisional plats. 5. With the assistance of the City's Traffic Engineering staff, comment on any- traffic control required including signalization at intersecting streets. 6. Review of existing and proposed utilities within the project limits and relocation/adjustment requirements. Engineering Services - Smith & Russo Ayers, Santa Fe to Norton Page 1 of 6 7. Other factors having an impact on the proposed improvement such as the activities of the Six Points Businessmens Association Master Plan and the proposed expansion of Del Mar College. 8. Preliminary cost estimates for the various components of the project. 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 contract plans and specifications for construction. City shall furnish screened planimetric plan view drawings at a 1"=20' scale on mylar for plan preparation, reproducible standard detail sheets, standard legends and an example set of plans and specifications. Furnish all necessary copies of plans, specifications and proposal documents to the City for advertising for bids (City requires a maximum of 30 sets of advertising documents). 4. Prepare estimates of cost and quantities. 5. Assist City in securing bids. 6. Prepare bid tabulation, analyze bids and make recommendation concerning award of contract. 7. In the event the lowest bid exceeds the City approved project budget cost, as identified in the preliminary phase, 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. 3. Provide any field data acquired during the design phase which may be necessary for construction staking. City forces to provide construction staking. (Construction testing shall be arranged for and paid by the City.) 4. 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. -Day to day inspection services shall be provided by the City as is customary for infrastructure construction which will be maintained by the City. 5. Preparation of change orders and monthly and final estimates for payment to the contractor, based on contractor's submittal. Engineering Services - Smith & Russo Ayers, Santa Fe to Norton Page 2 of 6 6. Assist 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; advise the City regarding instructions to the contractor (including preparation of supplementary drawings or instructions required to effectuate the intent of the contract documents). 7. Accompany City Engineering personnel during the final inspection. 8. 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. Voluntary Paving Activity (Department of Engineering Services) will provide name, address and legal description, if available, of adjacent property owners for assessment purposes. Name, address and frontage dimension shall appear on plans along with widths of each driveway. 2. Traffic Engineering - adjustment and/or elimination of head -in parking areas, Traffic Control Plans, Signalization Improvements. 3. City Utilities (Water, Wastewater, Gas) - Preliminary - location of existing facilities. Water and Wastewater relocations and/or adjustments to be included in plans and specifications for bidding. 4. 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: 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 required pavement section. City agrees to pay Engineer a sum not to exceed $9,120.00 for such services. This sum is in addition to the Basic Fee as outlined in Section III, Paragraph A herein. The City is to receive three (3) copies of all laboratory reports and other summary reports prepared under this item. 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. Payment will be made upon approval of the Preliminary Phase. F. Project -Budget The City has budgeted $2,350,000 for this project as included in the street proposition of the April, 1986, bond referendum. This figure includes construction costs, engineering fees, construction testing, inspection services, contingencies and related items. Engineering Services - Smith & Russo Ayers, Santa Fe to Norton Page 3 of 6 G. Order of Services Engineer agrees to begin work immediately after written authorization from the City and to complete the Preliminary Phase within 75 calendar days after authorization; the Design Phase will be completed within 150 calendar days of written notice by the City to proceed with this phase. III. FEE A. Fee for Basic Services The fee for performing the Basic Engineering Services will be as follows: The City will pay the Engineer a fixed fee of $185,380.00 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 The services rendered under the Preliminary Phase as described above for work authorized by the City, 35% of the fixed fee shall be due and payable. Payment will 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. 3. In the Construction Phase For services rendered under the Construction Phase, as described above, an amount equal to 15% of the fixed fee for those portions of the work covered by construction contracts shall be due and payable based on monthly estimates -of work performed by the contractor. 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: Engineering Services - Smith & Russo Ayers, Santa Fe to Norton 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 in designs, working drawings, and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. 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. Engineering Services - Smith & Russo Ayers, Santa Fe to Norton Page 5 of 6 IX. TECHNICAL ASSISTANCE AND CONSULTANTS 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: SMITH & RUSSO, INC. day of , 19 By: Title Engineering Services - Smith & Russo Ayers, Santa Fe to Norton Page 6 of 6 /Lr,✓ /tet ,/ 1 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 ore publicly traded and listed on national 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. FIRM NAME- Sf /; N 41ND —RI( 5 S v hc� STREET. �/. 3 /.(, (J7ESGUii 6 S CITY• Lo.�PuS �"'4' I'� %x 71P. 7 FO / FIRM is: 1. Corporation ( 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. 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) 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 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 I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changesjoccur. Person: JC.61,V .CS , /YUfSd Title• Signature of Certifying Person: Date. `}�51/e 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF_FUNDS (City Charter Article IV Section 21) April 9, 1987 I certify to the City Council that $ 194,500 , 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: Fund No. and Name Project No. Project Name No. 561 Street Bond Fund 561-86-12.1 Ayers Street/Santa Fe to Norton from which it is proposed"to be drawn, and such money is not appropriated for any other purpose. , 19 1 y DirectoF f Finance FIN 2-55 Revised 7/31/69 /9�/o,at 1 L L)1 144 1-z9-8-) Corpus Christi, Texas % h day of ein.Qt, 6 , 1981 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 The above ordinance was Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.045.01 THE CITY OF CORPUS CHRISTI, TEXAS the following vote: 19737