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HomeMy WebLinkAbout19856 RES - 07/21/1987A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH NAISMITH ENGINEERS, INC. FOR THE PREPARATION OF A MASTER DRAINAGE PLAN FOR THE AREA SOUTH OF OSO CREEK; AND APPROPRIATING $98,550. BE IT RESOLVED 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 Naismith Engineers, Inc. providing for the preparation of a Master Drainage Plan for the area South of Oso Creek. SECTION 2. Storm Sewer Bond Fund South of Oso Creek. i---3ATTEST: Cit Secretary That there applicable is hereby appropriated $98,550 from the No. 511 to Project No. 511-86-6.1, Drainage Master Plan APPROVED: . DAY OF HAL GEORGE, CITY ATTORNEY 06P.044.01 , 1987 6 'j-u-AA4--(--k./ ems, YOR THE CITY OF CORPUS CHRISTI, TEXAS 19856 MICROFILMED CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS S COUNTY OF NUECES S The City of Corpus Christi, hereinafter called "City", and Naismith Engineers, Inc., Consulting Engineers, hereinafter called "Engineer", agree as follows: I. SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services associated with the Master Plan for Storm Drainage as hereinafter defined: _ A. Area South of Oso Creek as shown on the attached Exhibit "A": 1. Determine study area topography and cultural features. Using existing available mapping (including topographic maps of the study area provided by the City to the Engineer) and through on-site visual observations, identify: - Natural drainage basins. - Existing natural or manmade drainage courses. Existing swales and poorly drained areas. - Possible natural diversion areas. Property ownerships (does not require deed -or tax record search): - Significant cultural features such as roads, pipelines, electrical transmission lines. 2. Determine future land uses by conferring with City staff, especially the Planning Department, and utilizing all available studies of the area such as the Chapman Ranch Study as prepared by Shell Land Management Co. 3. Recommend the hydrologic and hydraulic analysis techniques to beused in studying this area. Confirm intensity vs. duration data for 25 years.of additional records. 4. Utilizing the information and data gathered by the above, establish the major drainage basins for Areas A (10 sheets) and B (32 sheets) as shown on Exhibit A; calculate expected peak runoff rates; locate and size channels and other facilities; indicate flow lines, flow depths, and hydraulic gradient elevations; and show anticipated right-of-way widths. For Area A, the same information shall be developed for the subdivided drainage areas to facilitate near term future development. 5. Upon approval of the plan by the City, provide forty (40) copies of the complete plan, including maps, analysis methods and all parameters used to develop the plan. Engineering Services Contract - Naismith Engineers Master Storm Drainage Plan Page 1 of 5 6. A 1"=1000' composite map (reproducible) of the study area shall be furnished with the final report. B. Oso Creek: Since the flood plain and'floodway studies promulgated by the Federal Emergency Management Administration (FEMA) and Federal Insurance Agency accounted for only a limited amount of future urbanization of the Oso Creek watershed, the long-term effects of urbanization within the watershed on anticipated runoff rates, water surface profiles, flood plain and floodway delineation shall be evaluated. Analysis shall be conducted using appropriate methods consistent with -those used by FEMA. Scenarios using varying percentages of urbanization based on growth trends will be evaluated. The need for and impact of retention -detention strategies shall be addressed. Five (5) copies of a preliminary draft report for this portion of the work shall be submitted for review, comments and approval. Upon approval, twenty (20) copies of the final report shall be furnished. C. Existing Master Plans: 1. The Engineer shall evaluate the existing Master Plans for Storm Drainage as adopted by Resolution No. 7072} and Ordinance No. 10843 with subsequent amendments and_the facilities constructed to implement said Master Plans to identify problem areas within the plans and the existing system. The Engineer shall recommend corrective measures for further consideration by City. The Engineer shall concentrate his efforts on the following areas: a. Shea Flynn Parkway Drainage Area _ b. Williams Drive Drainage Area c. Richter -Carroll Lane System Drainage Area d. Basic vs. Diverted Plan, area between IH 37 and Leopard 2. With the planned development of the area adjacent to Oso Creek into park and recreation uses, questions concerning water oriented improvements have been raised. The Engineer shall review the feasibility of such improvements and make recommendation as to acceptable forms of ponding and retention, channelization, bulkheading, paths, bridges and other possible improvements. D. Special Services: This contract includes the furnishing of Survey Services as may be required to collect supplemental elevations for cross sections of Oso Creek in order to perform adequate HEC II analysis. City agrees to pay Engineer a sum not to exceed $4,600 for such services at the hourly rate of $57.50. This sum is in addition to the Basic Fee as outlined in Section III, paragraph A, herein. Payment for special services will be made based on monthly invoices submitted by the Engineer. E. Project Budget: The City has budgeted $100,000 for this project as included in the Drainage proposition of the April, 1986 bond referendum. This figure includes engineering fees, contingencies and related items. Engineering Services Contract - Naismith Engineers Master Storm Drainage Plan Page 2 of 5 F. Order of Services: Engineer agrees to begin work immediately after written authorization from the City and to complete the work in accordance with the following schedule: Item I.A, Area South of Oso Creek - A preliminary report shall be submitted within 180 calendar days after authorization. The final report shall be submitted within 30 calendar days of approval of the preliminary report and final bound copies shall be submitted 30 days thereafter. Item I.B, Oso Creek - A preliminary report shall be submitted within 180 calendar days of authorization. The final report shall be submitted w.thin 30 calendar days of approval of the preliminary report and final bound copies shall .be_ submitted 30 days thereafter. Item I.C, Existing Master Plans - The report shall be submitted within 180 calendar days of authorization. II. FEE A. Fee for Services: The City will pay the Engineer a fixed fee of Ninety Three Thousand Nine Hundred Fifty Dollars ($93,950.00) for performing the services outlined herein. This fee will be full and total compensation for all services outlined in this Contract including additional work provided that the work is in keeping with the original scope of work. B. Payment of Fee for Services: The fee for the services outlined herein is to be due and payable as follows (said services listed above): invoices. Item I.A. Item I.B. Item I.C. 72% of the fixed fee 14% of the fixed fee 14% of the fixed fee Payment will be made on a monthly basis, based on submitted III. 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. 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. Engineering Services Contract - Naismith Engineers Master Storm Drainage Plan Page 3 of 5 IV. RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein is determined to be substantially different from the description of services contained herein, the fees set forth in this Contract shall be renegotiable only insofar as this Contract pertains to the areas so determined to be substantially different. Fees for areas determined to be substantially in accordance with descriptions and budgets contained herein shall not be renegotiable. V. ENGINEER'S LIABILITY Acceptance and approval of the final reports by the City shall not constitute -nor be deemed a -release of the responsibility and liability of the Engineer,•its employees, -associates, agents or consultants, for the accuracy and competency of their documents and work, nor shall such approval be deemed to be an assumption of -such responsibility by the City for any defect in documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in documents prepared by the Engineer, its employees, subcontractors, agents and consultants. VI. 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. VII. 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. VIII. 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. IX. 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. Engineering Services Contract - Naismith Engineers Master Storm Drainage Plan Page 4 of 5 EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 1987. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Craig A. McDowell, City Manager APPROVED: day of , 19 NAISMITH ENGINEERS, INC. Assistant City Attorney By: Title: Engineering Services Contract - Naismith Engineers Master Storm Drainage Plan Page 5 of 5 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. FIRM NAME- STREET- CITY- 71P' 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 on "ownership interest" constituting 3% or more of the ownership in the above named "firm."' Name 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." Nome 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 changes occur. Certifying Person: Title• (Type w r.,ml Signature of Certifying Person: Dote' DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or parttime basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service. including but not limited to, entities operated in the form of sole proprietorship, as self-employed person. partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Deportment and..Division, Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, includ- ing when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS. (City Charter Article IV Section 21) June 30, 1987 I certify to the City Council that $ 98,550.00 , 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 No. 511 Storm Sewer Bond Fund Project No. 511-86-6.1 Project Name Drainage Master Plan South of Oso Creek ' from which it is proposed to be drawn, and such money is not appropriated for any other purpose. , 198% FIN 2-55 evised 7/31/69 99, X47.5 -' - 71048 & oQ.,_ Corpus Christi, Texas I day of The above resolution was passed by the following vote: .•Betty N. Turner David Berlanga, `Sr 4/141( Leo Guerrero auy Frank Mendez Clif Moss -` Bill Pruet._: (k . Mary Rhodes., �„p Mary Pat'Slavik F11 Linda Strong a -4 —0_12-k gp-k 4— 99.066.01 IBMS , 198