HomeMy WebLinkAbout07706 ORD - 09/01/1965JKH;8-31 -65 •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A CONTRACT WITH McCLENDON AND ASSOCIATES FOR ENGINEERING
SERVICES, INCLUDING THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF THE COUNTRY CLUB
ESTATES SANITARY SEWER LIFT STATION, DESIGNATED AS
PROJECT NO. 250- 61 -44, A COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING
OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF
$4,920.00 FOR PAYMENT OF ENGINEERING FEES; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THE CITY MANGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN ENGINEER-
ING CONTRACT WITH MCCLENDON AND ASSOCIATES FOR ENGINEERING SERVICES, IN-
CLUDING PREPARATION OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE COUNTRY
CLUB ESTATES SANITARY SEWER LIFT STATION, DESIGNATED AS PROJECT No. 25o -61 -444,
A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE SUM OF $4,920.00 IS HEREBY APPROPRIATED OUT OF
N0. 250 SANITARY SEWER BOND FUND FOR PAYMENT OF THE ABOVE DESCRIBED
ENGINEERING FEES.
SECTION 3. THE NECESSITY FOR IMMEDIATELY COMMENCING UPON AND
PROCEEDING WITH THE PROJECT OF DEVELOPMENT AND PREPARATION OF PLANS
AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ABOVE DESCRIBED SEWER LIFT
STATION, AND THE EMPLOYMENT OF ENGINEERS TO PERFORM SUCH SERVICES CREATES
A PUBLIC NECESSITY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE
OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY
TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT
THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
7 7 () n
AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE_/
DAY OF SEPTEMBER, 1965.
ATTEST :: i �/ (p �te4 "7 - �,L2t�� & c �-
ILA MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
SECRETARY
APPROVED AS T6 LEGAL FORM THIS
DAY OF SEPTEMBER, 1965:
CITY AT )'ORNEY v T-
CON CT
FOR ENG N S SERVICES
THE STATE OF TEXAS
COUNTY OF NUECE5
THE CITY 01 CORPUS CHRISTI, HEREINAFTER CALLED "CITY "A AND
WILLIAM .4. Mi;CLEHJON, 080 MCCLENDON AHD .A530CLATES, HEREINAFTER CALLED
"EMI{EER' ; WHEi -HE.t 014E OR MORE, AGREE AS FOLLOWS:
I, ifRVICES TO SE PERFORMED. THE ENGINEER HEREBY AGREES, AT
HIS OWN EXp E, -- , TO Pi:AFORM ALL ENGINEERING OR RELATED ARCHITECTURAL
SERVICES NECCL,SARY TO PROPERLY DEVELOP, CONSTRUCT AND COMPLETE THE FOLLOW-
ING PROJECI;
COMA 1 RU';TIGN Of THE COUNTRY CLUB ESTATES SEWER
Li :1,'1�rI.
THE SERVICES UI .u[, LN(;.INCER SHALL INCLUUL, BUT NOT BE LIMITED TO THE FOLLOW—
MG.
, PNL 1_1i •..�r r' PlwsE. SCOPE OF BASIC JERVICES:
1. Fr ^�� FA'IAON IN PRELIMINARY CONFERENCE$ WITH THE OWNER
REGAwika THE PROJECT;
RATION Of PRELIMINARY ENGINEERING STUDIES DIRECTLY
/_. PREP!
Lu TO ANJ PARS OF THE PRELIMINARY 0E511;N WORK BEING
RELA DFRED;
CONS'
TION OF FIVE COPIES OF PRELIMINARY LAYOUTS,
3. PREPARA. AND REPORT, WHERE APPLICABLE, AND THE ENGINEER'S
SKETCHE' RECOMMENDATIONS;
SPECIFIC,
IF, PREPARATION OF TENTATIVE COST ESTIK%TES OF THE PROPOSED
CON'_.RUCTIJbe
OF 13ASIC .i ERVICES:
B. LL).SLGN PHASE: 3COP_
kPESICN OF STRUCTURES OF LIMITLO AREA,
1. FIE..D SUiiVLY5 tuR 'qUT NOT TO INCLUDE CLEARING ON SURVEYS
SUCH AS BUILDINGS, pyUC TURL;
OUrLILC Uh AREA OF �
3 OR SUBSURFACE LXPL JRATIONS OR
2. PLANNING ANY BOIL BOR'N&ESTS WHICH NAY BE REQUIRED FOR
ANY SPECIAL SURVEYS ANOW ORR i0 DE OONC UIREC7 LY FOR
DESIGNS ARRANGING IOR 5UCK,RING INTERPRETATION OF
OWNER'S ACCOUNT, AND ENGINE
i
RC°r'JLi;i OF SUCH INVESTI GA F)ON.
U RAW' HGS IN PENCIL ON
3. PRCPA:.ATICN LL 11LLU CONTRACT UGTION AUTHORIZED BY
PAPER AND SPECIFICATIONS FOR CONS
THL CN.%LR]
1 00
k. RIEPARATION J, ".iEIAILCD COST ESTIMATES AND BIDDERS'
PROPOSALS FORMS FOR AUTHORIZED CONSTRUCTION;
). FUI1N15HINQ F -IVE COPIES OF PLANS AND 30 SEl'S OF
SPECI;:CAT40NS, NOTICL 10 BIDOERS, AND BIDDERS'
PROPOSALS; ADDITIONAL COPIES OF FLANS IF REQUESTED
OY ,IiY, GHALL BE vURNISHEO AT EMGiNccdlB COST OF
HEPROOUCTI OPl;
6. ASSISTANCE TO THE OWNEfd IN SECURING BIDS;
7. ASSISTANCE IN THE TABULATION AND ANALYSIS OF BIDS AND
FURNISHING RECOMMENDATIONS JN T6E AWARCk OF CONSTRUC-
TION CONTRACTS;
S. ASSISTANCE IN THE ENGINEERING PHASES OF THE PREPARATION
OF FORMAL CONTRACT DOCUMENTS FOR THL AWARD OF CONTRACTS.
C. CJU; 1RUCTION PHASE: SCOPE OF BASIC :aERViC6S:
PrPF"RHiN4 GENERAL 3UPERV1:iio.N AND AUMi NISI RATION OF
AUTHORIZED CONSTRUCTION (AS 0157114GUISHED FROM COIN
TINUOUS RESIDENT i1ZLC tNSPEC7100, INCLJDI NQ PERIODIC
VISITS Di TILE ENGINEER OR A COMPETENT REPRESENTATIVE
0f THE ENGINEER :O THE 517E OF tGlrS iRUttiON. IN THE
ADMINISTRATION OF THE PROJECTS THE ENGINEER WILL ENDEAVOR
TO PROTLC7 :'HL OWNLit AC;AlNS_, vEf -Zr-,S AND U[iICIENCIES
114 THE WORK Or CONTRACTORS BUT HE DOES NOT GUARANTEE
THE PERFORMANCE �r THEM.. C0NTlACili,
2. CONSULTATION AND ADVICE WITH THE OWNER DURING CONSTRUC-
TION;
CJIECKtNG Of SHOP AND WORKING DRAWINGS FURNISHED BY
CONTRACTOR5;
11. REVIEW OF LAUORAIORY, SHUP AND NILL +LaiS OF' MATLRIALS
AND EQUi PMENI';
5. PREPARATION OR REVIEW OF MONTHLY AND FINAL ESTIMATES
FOR PAYMENTS TO CONTRACTORS);
6. SUPERVISION Or IFITIAL OPERATION of THE PkuJLCI OR
OF PERFORMANCE TESTS REQUIRED BY SPECIFICATIONS)
7. MAKING A FINAL INSPECTION OF THE PROJECT)
Ei. REVISION OF CONTRACT ORAWINGSt TO SHOW THE WORK AS
ACTUALLY CONSTRUCTED.
2. COST OF THE PROJECT -- PRELIMINARY ESTIMATE. THE .iTY HAS
13UUDGETED THE SUM OF LFOLLARS
�♦ j FOR THE C13I4STRVC710N Oi` rMIS PROJE.:Ty is w CLUSiVE
OF ENGINEERING AND LEGAL EXPENSES, THE ENGINEER SHALL MAKE SUCH REVISIONS
IN THE PRELIMINARY PLANS AS MAY Bi REQUIRED TO RLDUCE fHE 451-iilAiLU CO5'T"
TO THE BUDGETED AMOUNT Oil YO SUCH OR &'1 `L(C :.iM A5 THE G1TY .1HALL CON1i1DEW
-2.
•
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ACCEPTABLE. THE CITY SHALL NOT BE OBLIGATED TO ACCEPT THE PRELIMINARY
PLANS AND DRAWINGS UNTIL THIS 13 DONE.
3. C05T OF THE PROACT: FINAL BIDS. THE ENGINEER SHALL
ENDEAVOR SO TO DESIGN THE PROJECT THAT tT5 TOTAL COST WILL NOT EXCEED
THE BUDGETED AMOUNT STATED IN THE FOREGOING PARAGRAPH; OR IF A GREATER
SUM IS AUTHORIZED BY *HE CITY AT THE "f imE of IFS APPRnVAL i t HE PRE-
LIMINARY PLANS AND DRAHIFIGS, NOT IN EXCf:S5 OF 'NAT ANUUNT. IF AT THE TIME
BIDS ARE RECEIVED NO BID iS RECEIVED WITHIN INIS LIMITATION IN AMOUNT,
THE CITY MAY RrQI11PF THE ENGINELN TG HAKE SUCH REVISIO145 IN THC PLANS
AND SPEC] FI CATI ONE AS MAY BE NLCESSARY 10 REDUCE !HE TOTAL Cu T OF CON-
STRUCTIDN TO THE BUDOF.TED AMOUNT. THIS SHALL NOi BE CONSTRUE,, TO REQUIRE
THE ENOINEER TO MANE ANY SUCH REVISION$ IF HIS PLANS AND 3PECIFICATIONS
iIQULD COMPLY WITH THE PROVISIONS Of THIS PARAGRAPH tXCEP'i F014 tilCREASES 114
THE COSTS OF LABOR OR MATERIA'.3 DURING THE PERIOD ELAPSING. UETWI'L'N THC
COMPLETION OF PRF!,IMINARY PLANS AND TH£ OPENING OF 0105.
4+ FEE. THE OWNER WILL PAY 10 THE ENGINEER A FEE OF 6 PERCENT
OF THE CONTRACT PRICE FOR THE CONSTRUCTION OF YHE PROJECT, WHICH SHALL
CONSTITUTE_ COMPLE ?E COMPENSATION +OE; ALL SERVICES WHICH HE AGNFFS TO PER-
FORM IN THIS CONTRACT. "CONSTRUCTION COST" IS DEFINF.O AS THE TOTAL COST
TO THE OWNER �'OR THE EXECUTION OF THE WORK AUTHORIZFU AT TINE T144C AND
14ANDLED IN EACH SEPARATE PHASE OL CNGINEERINCi SERVICES, E4CI_UDINO FEES OR
OTHER COST FOR ENGINEERING AND LEGAL SFRVICE`i+ THE COST OF tAND. RIGHTS-
OF-WAY', LEGAL ANO AOMtNI3T9ATIV_ C;;;P EE :S CS; OUT INCLUDING THE UIRECT COST
TO THE OWNER OF ALL CONSTRUCTION CONTRACTS, ITEMS OF CONS"RUCTIOi :, INCLUD-
ING LABOR, MATERIALS AND EQItIPMFNI'; ACQUIRED ;OR .,HE COMP!.E1'Efi WORK
(INCLUDING EXTRAS) AND THE TOTAL VALUF AT SITE OF PROJFCT .;F AIL LABOR;
MATERIALS AND EQUIPMENT PURCHASED OR FURNISHED DIRECTLY BY THE OWNER FOR
-FHE PROJECT. THIS FEE SHALL BE PAYABLE AS FOLLOWS*
A. TVENTY -FIVE PERCENT OF THE OASIS FEE OR 6 FERCENT UPON
COMPLETION AND ACCEPTANCE BY THE CITY OF THE PRELIMINARY
P ANS Sr:ETCHE3_ AND COS? ESTIMATES, MEE1I140 THE REQUIRE -
MENTS.OF PARAGRAPHS 1-A AND 2 ABOVE. THIS PORTION OF THE
FE£ WILL BE BASED ON THE BUDGETED AMOUNT OF THE CONTRACT
OR ON THE FRELIMItIARY ESTIMATE OF COS "f, _. WNiCHEVER IS THE
LESSER AMOUNT.
-3-
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B. AN ADDITIONAL 50% OF THE BASIC FEE OF 6% UPON THE COMPLETION
AND ACCEPTANCE BY THE CITY OF DETAILED FINAL PLANS AND
SPECIFICATIONS MEETING THE REQUIREMENTS OF PARAGRAPHS 1►Ck
AND j ABOVE. IF BIDS HAVE NOT BEEN SOLICITED BY 90 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 '+'HE CONTRACT OR
ON THE DETAILED CONSTRUCTION COST ESTIMATES, WHICHEVER IS
THE LCSSER. AMOUNT. FINAL PAYMENT FOR SERVICES AUTHORIZED
IN THE DESIGN PHASE, PLUS THE ADJUSTED FEE FOR THE PRE -
LiMINARY PMAeE0 SHALL US DUE UPON THE COMPLETION OF THESE
SERVICES, SASEO ON THE "CONSTRUCTION COST" AS DEFINED ABOVE.
C. TWENTY-Fi VE PERCENT OF THE BASIC FEE OF 6% 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 7HE SAME AS 25% OF THIS
SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST.
5. TERMINATION OF CONTRACT. THE CITY MY 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 SPECIFICATIONSp FHE 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 A /TER FINAL COMPLETION AND APPROVAL
OF THE DRAWINGS AND SPECIFICATIONS, THE FEE OF THE ENGINEER
3HALL BE 50% OR 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 A -ORE-
DESCRIBEO.
C. IF TERMINATION OCCURS Av TER THE LETTING 01- THE CONTRACT,
BUT PRIOR TO FINAL COMPLEI ION OR ACCEPTANCE BY THE CITY,
THE FEES OF THE ENGINEER SHALL BE COMPUTED IN ACCORDANCE
WITH THE PROVISION°; Or PARAGRAPH 4 OF THIS CONTRACT TO THE
DATE Of TERMINATION,
D. THE FOREGOING SHALL HOT BE CONSTRUED TO REQUIRE THE CITY TO
COMPENSATE THE ENGI NE£R FOR ANY SERVICES NOT PERFORMED IN A
PROPER PROFESSIONAL MANNER SUITABLE FOR USE IN THE CONSTRUC-
TION OF THE PROJECT CONTEMPLATED BY THE PARTIES -10 THIS
AGREEMENT.
E. IF THE ENGINEER SHOULD BE UNABLE TO COMPLETE THIS CONTRACT
DUE CO ' DEATH, ILLNES5, OR ANY OTHER CAUSE BEYOND HIS
REASONABLE CONTROLI HE OR HIS ESTATE SHALL BE COMPENSATED
IN THE MANNER SET iORTH ABOVE.
6. TECHNICAL ASSISTANCE AND CONSULTATIONS. THE CITY SHALL NOT
PAY THE FEES OF EXPER'i OR TECHNICAL ASSISTANTS AND CONSULTANTS UNLESS SUCH
i
EMPLOYMENT, INCLUDING THE RATE OF COMPENSATION, HAS BEEN APPROVED IN
WRITING BY THE CITY.
T. TIME AID ORDER OF ENGINEER'S SERVICES. THE ENGINEER SHALL
FURNISH THE DOCUMENTS AND PERSONALLY RENDER OR PROVIDE THE SERVICES REQUIRED
BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TIMES AS MAY BE NECESSARY
TO INSURE THE PROMPT AND CONTINUOUS DESIGN AND CONSTRUCTION OF THE PROJECT -.
a. ASSIGNABILITY. THE ENGINEER SHALL NOI ASSIGN, +RANSFER OR
DELEGATE ANY OF HIS OBLIGATIONS OR OUTIES IN THIS CONTRACT TO ANY O1HER
PERSON WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY, EXCEPT FOR ROUTINE
DUTIES DELEGATED 10 PERSONNEL ON THE L'NGINEER /S SIAFF. Ii THE INGINEER
IS A PARTNERSHIP, IN TIIE EVENT OF INE TERMINATION OF "iHE PARTNERSHIP, THIS
CONTRACT SHALL INURE TO THE INDIVIDUAL BENEFIT OF SUCH PARTNER OR PARTNERS
AS THE CITY MAY DESIGNATE. NO PART' OF THE ENGINEERS FEE MAY BE ASSIGNED
IN ADVANCE OF RECEIPT BY THE ENGINEER WITHOUT WRITTEN CONSENT OF THE CITY.
9. OWNERSHIP OF DOCUMENTS. UPON COMPLETION OF THE PROJECT (OR
UPON THE iLRMINAT{ON Of 11415 CONTRACT, IF PREVIOUSLY TERMINATED' THE
EMaINEER SHALL FURNI5H TO THE CITY, "AS- BUILT" PLANS, REPRODUCED ON LINEN
OR PLASTIC DRAFTING FILM FROM THE ORIGINAL DRAWINGS, OR THE ORIGINAL ORAW+
IHGS THEMSELVES, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS.
EXECUTED IN DUPLICATE, EACH OF WHICN SHALL BE CONSIDERED AN
ORIGINAL, THIS DAY OF
ATTEST:
CITY OF CORPUS CHRISTI
7
CITY SECRETARY HERBERT W. WHITNEY
CITY MANAGER
APPROVED AS TO LEGAL FORM THIS
DAY OF , 196.r): WILLIAM W. MGCLENDON, ffbA
McCLENDON & ASSOCIATES,
CONSULTING ENGINEERS
CITY ATTORNEY
BY
W. W. MCCLENOON -
QCI��CT
FOR EN87SERVICES
'HE STATE OF TEXAS j
1
,NTY OF NUECES ]
COL,
THE CITY OI'CORPUS CHRIST] p HEREINAFTER CALLED "CITY ", AND
J. MC(.-ENDON; DBA MccC ENOON Aw ASSOCIATES, HEREINAFTER CALLED
IVILLIAM ,
"ENGINEER" , YHEIHER ONE OR MORE, AGREE AS FOLLOWS:
3FRVI CE3 TC SE PERFORNO. THE ENGINEER HEREBY AGREES, AT
TO PERFORM ALL NGINEERIFIO OR RELATED ARCHITECTURAL
M13 OWN EzP E +,
.f SARY TO PROPERLY DEVELOP, CONSTRUCT AND COMPLETE THE rOLLOW-
SERVICES NECk.
ING PROJECT:
,TION OF THE COUNTRY Ct M ESTATES SEVER
CON[YRUI 1'I0M.
LI31 �'A
vkW VEER SHALL )HC'WOE, BUT NOT BE LIMITEO TO THE FOLLW-
TME SERYt CEG or I1E
1N6:
MAY PHASE: SCOPE DF SASIC SERVICES:
,'l. PRELI MI
ICi PATION IN PRELIMINARY CONF ERENCES WITH THE OWNER
j. PAR'•'glMQ THE PROJECT;
PC."
p� RATION OF PRELIMf NARY ENGINEERING STUDIES DIRECTLY
a. "wtINEC TO ANc PART OF THE PRELIMINARY DE =ION WORK SEINE
RE LA -DERES;
CDNSi
T ION OF FIVE COPIES OF PRELIMINARY !AYOUTS,
j. Pfl£M NA, ANC REPORT, WHERE APPLICABLE, AND "HE ENGINEERS
.IKETCnEC RECOMN£NOATIONS;
SPECIFiC
4. PREPARATION OF TENTATIVE COST ESTIM TES OF THE PROPOSED
CDNSI'RUCTIJN,
G: SA3IC 3EIIVIOE3
L. UL31 GN Fkv,SE: 3COP.. t
y QISION O 5TRUCTUNES OF LIMITED AM",
I f lELD SUNVEY3 SOR YUT 107 r0 INCLUDE CLEARING OR SURVEYS
SUCH AL BUILDINGS, L,VCTURE;
OUTSIDC JI AREA OF ST,
Y OR SUBSURFACE EXP-JF ATI003 UR
Z. PuHNINC ANY MOIL SORIHGf3T3 WMICM MAY RE REGUf REO FOR
ANY SPECIAL 34RYEY3 AND T WORK 10 SE DON' DIRECTLY FOR
OE34 ON, ARRANGING IOA SUCH - RING INTERPRETATION OF
OWNERS ACCOUNT, AND END INEk - -•,
RESD LTD Of- SUCfI INVEST I GA I ON!
DRAW ING& IN PENCIL ON
3. PHLPa :a TI CH !.: AILED CONTRACT UCTION AUTnORi SED BY
PAPER AND SPECIFICATIONS FOR CONS U
THE cvni:Rs
4. NEPARAT1oN Jr jETAILED COST ESTIAATES ANO BIDDERS'
PROPOSALS FORMS FOR AUTHORIZED COMSTRUCTIONj
S FUHNw'HIHE. FIVE COPIES Cr PLAN$ AND 30 SETS OF
5PEGIFICAIIQNG, NOTICE 10 giODERS, AND OIODERSI
PFIOPOBALO; ADDITIONAL COPIES OF PLANS, IF REQUES1ED
CY "I 1Y, SHALL BE FURNISHED AT ENGINEENIS COST or
REPRODUCTION]
1. HS9ISTA NCE "G :HE iUWNER IN SECURING BIDS;
7. ASSISTANCE IN THE TABULATION AND ANALYSIS OF BIDS AM
'BURNISHING RECOMMENDATIONS CN THL AWARD Jr CONSTROC-
TTON CONTRACTS)
8. ASSISTANCE IN THE ENGINEERING PHASES OF THE PREPARATION
OF FORMAL CONTRACT DOCUMENTS ra;i THE AWAVTO OF CONTRACTS.
C• Cb NZ1AUCTIOH NASEr SCOPE OF DASIC !iIERn C4S1
PFRfctRMING GENERAL 3UPERY4S{ON AND 4UHiNIS'i RA TIUN OF
AUTHORIZED CONSTRUCTION (AS DISTINGUISHED FROM to"
TINUOUS RESIDENT 1Z�D INSPECl1 ON INCLUDING PERIODIC
1015179 Of THE LNUINEER OR A COMPETENT REPRESENTATIVE
or THE ENGINEER FO THE $IfL OF CONSi ROCiION. IN THE
ADMINISTRATION OF THE PROJECT, THE ENGINEER WILL ENDEAVOR
10 PROTECT THE Q7NER AGAIN51 UEF'LC -i5 AND JL71CIENCIES
1.4 THE WORK OF CONTRACTORS BUT HE D"$ NOT GUARANTEE
THE PERFORMANCE uF THEY. CONT:.ALi S,
2. CONSULTATION AMU ADVICE WITH THE 'WNER UUk ING CONSTRUC-
TION;
LHECHINQ OF SHOP AND WORKING DRAWINGS FURNISHLII BT
1. CONTRACTOR$)
4. Ry:VIFN OF - AUORATORY, SHOP ANO HILL -iLSTS or MATERIALS
AND EQUIPMENT;
5. PREPARAI'I ON OR REVIEW or MONTHLY AND FI MAL ESTIMATES
FOR PAYMENTS TO CONTRACTOR5);
6. SUPERVISION Or IHIIIAL OPERATION OF FHE PRU JECI, OR
OF PERFORMANCE TESTS REQUIRED BY SPECIFICATIONS;
pp7• MAKING A FINAL INSPECTION OF THE PROUECr;
U. RFV154ON OF CONTRACT DRAWINQa* TO SNOW THE WORK AS
ACTUALLY CONSTRUCTED.
2. COST OF THE PROJECT -- PRELIMINARY ESTIMWTE. THE �,IrY ma
BUDGETED THE SUN OF
uJLLARS
(T ) FOR THE CONSTRUCTION OF -HIS PROJECT, LACLUSIVL
Of ENGINEERING AND LEGAL EXPENSES. THE ENGINEER SHALL NAME SUCH REVISIONS
IN THE PRELIMINARY PLANS AS MAY Wn HCQ'JIREQ TO RCULCL THE Z67iAA 'i LU COS[
TO THE BUDGETED AMOUNT OR To ::UCH GR L..-ro SJM AS 7H_ CITY 51iALL CONSIDER
ACCEPTABLE. THE CITY SHALL NOT BE OOLIGATED TO ACCEPT THE PRELIMINARY
PLANS AND DRAWINGS UNTIL THIS IS DONE.
J. COST OF THE PRQLCT; FINAL BIDS. THE ERGINEER sNALL
ENDEAVOR 50 FO DESIGN THE PROJECT THAT ITS TOTAL COST WILL NOT E4CEED
THE BUDGETED AMOUNT STATED IN THE FOREGOING PARAGRAPH; ON IF A GREATER
SUM IS AUTHOR12E0 BY THE CITY AT THE TIME, 4F ITS APYROVg1.. ,F ,"l oRv-
L'"ARV PLANS Aryl) 9RAYINMI , NOT 1% fXtVBG OF HAT AMOUNT, IF AT THE TIME
BIDS ARE RECEIVE
D NO BID IS RECEIVED WIINIk THIG LIMI TAT ION IN AMOUNT,
THE CITY MAY Rr OIIIPE THE ENGINEER TO MARE SUCH REVISIONS IN THE PLANS
AND SPEC!FICATIONS AS MAY BE NLCESSA RY IU REDUCE THE IDTAL COST 0, CON-
STRUCTION TO THE BUDGETED AMOUNT. THIS SHALL NOT BE CDN5TRUE0 TO REQUIRE
THE ENGINEER TO MARE AWV SUCH REVISIONS IF HIS PLANS AND 3P£CIFICATIONS
WOULD COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH EXCEPT FOR IIJCREASES IN
76M£ COSTS OF LABOR DR MATERIALS DURING THE PERIOD ELAPSING BETWEC14 THE
COMPRE'ION OF PRF..IMINARY PLANS AND THE OPENING OF BIDS.
4. FEE. THE OWNER WILL PAY 10 THC ENGINEER A FEE f +F 6 PERCENT
OF THE CONTRACT PHI CE FOR THE CON5}NDC: 011 or ! -HI: PRO.ILCI� MHIOH s1M U.
CONSTITUTE COMPLETE COMPENSATION 'DR ALL SERVICES WHICH HE AGREES TO PER-
FORM IN THIS CONTRACT. "CONSTRUCTION CIST" 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 = CRVICL'5, EXCI.UGING FLES OR
OTHER COST FOR ENGINEERIMG AM) LEGAL SERVICES, -,HE COST 0 _AND, RIGHTS -
OF -VAY: LEGAL AND ADMINISTRATIVE Ek PENS'_";) OUT INCLUDi NG THE DIRECT COST
TO THE OWNER OF ALL CONSTRUCTION CONTRACTSy ITEMS 01' CONSTRUCTION, INCLUO-
ING LABORS MA *ERIALS AND EOUIPMF.NT, REQUIREO rOR -HE COMPI.E 1'ED WORK
/
{f NCLVOING EXTRAS) AND THE TOTAL VALUE AT SITE OF PRQJFCT SF All !ABOR,
MATERIALS AND EOULPMENT PURCHA SED OR FURNISHED DIRECTLY BY THE OWNER FOR
zHE PROJECT. THIS FEE SMALL BE PAYABLC AS FOLLON5:
A. TWENTY -FIVE PERCENT OF THE BASIL FEE OR 6 PERCENT UPON
COMPLETION AND ACCEPTANCE BY THE CITY OF )ME PREU HIHAAY
PLANS, SKETCH£'S, ANO COST ESTIMATES; MEETING THE ACQUIRE-
MERITS OF PARAGRAPHS 1 -A AND 2 ABOVE. THIB PORTION up THE
FEE WILL BE BASED ON THE SUDGETED AMOUNT OF THE CONTRACT
OR ON THE PRELIMINARY ESTIMATE OF COST,_ WHi CHEVER IS THE
,.E9SER AMOUNT.
B. AN ADDITIONAL 50% OF THE BASIC FEE OF 6% UPON THE COMPLETION
AND ACCEPTANCE BY THE CITY Of DETAILED FINAL PLANS AND
5PCCIFICATIONS MEETING THE REQUIRENENTS OF PARAGRAPHS 1-,5
Am 3 ABOVE. IF BIDS HAVE NOT BEEN SOLICITED BY 90 DAYS
A'r TER THE COMPLETION OF DETAILED PLANS AM SPECIFICATIONS
TO WHICH THE CITY HAS NO RCASOM54C OBJECTION, THIS 5Q%
OF THE FEE SMALL BE PAYABLE AT THAT TIME. IN THIS CVENT
IT WILL BE BASED ON THE BUDGETED AMOUNT OF IHE CONTRACT OR
ON THE DETAILED CONSTRUCTION COST ESTIMATES, WHICMEVER 15
THE :LBSER AMOUNT. FINAL PAYMENT 1'OR SERVICES AUTHORIZED
IN THE DESIGN PHASE, PLUS THE ADJUSTED FEE FOR THE PRC-
LiMIMARY PHASE, SMALL BE DUE UPON THE COMPLETION OF TMESE
SERVICES, BASED ON THE `CONSTRUCTION COST' AS DEFINED ABOVE.
C. TI/CNTY -Fi VE PERCENT OF THE BASIC FEE OF 6% SMALL BE PAID
DURING THE COURSE OF CONSTRUCTION IN MONTHLY PAYMENTS. EACH
MONTHLY PAYMENT SMALL BEAR A RELATION TO THE AMOUNT PAID ON
THE CONSTRUCTION CONTRACT WHICH it THE SAME AS z5% OF THIS
SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST.
5. TERMINATION OF CONMCT. 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
SMALL BE PAID A REASONABLE COMPENSATION FOR THE SERVICES
ACTUALLY RENDERED BY IIIN IN ACCORDANCE WITH THE ABOVE
DESCRIBED SCHEDULE OF FEES AND IN PROPORTION TO THE AMOUNT
OF MORN 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 LMGINEER
SHALL BE 50% OB THE BASIC FEE BASED ON ENGINEER'S CONSTRUC-
TION ESTINATE SUBMITTED WITH THE DESIGN PHASE, PLUS THE FEE
PAID 1'OR THE PRELIMINARY PHASE LESS THE CREDIT AS A,ORE-
DESCRIBED.
C. IF TERMINATION "CURB AFTER THE LETTING OF THE CONTRACT,
BUT PRIOR TO FINAL CONPLEI "ION OR ACCEPTANCE BY THE CITY,
THE FEES Of THE ENGINEER SHALL BE COMPUTED COMPUTED IN ACCORDANCE
WITH THE PROVISIONS OF PARAGMPH 4 OF THIS CONTRACT TO THE
DATE OF TERMINATION,
D. THE FOREGOING SMALL NOT BE CONSTRUED TO REQUIRE THE CITY TO
COMPENSATE THE ENGINEER [OR ANY SERVICES NOT PERFORMED IN A
PROPER PROFESSIONAL MANNER SUITABLE FOR USE IN THE CONSTRUC-
TION OF THE PROJECT EONTEMP LATER BY THE PARTIES 10 THIS
ABREEMENT.
E. IF THE ENGINEER SHOULD BE UNABLE TO COMPLETE THIS CONTRACT
DUE TO DEATH, ILLNESS, OR ANY OTHER CAUSE BEYOND HIS
REASO Ila CONTROL, HE OR HIS ESTATE SMALL BE COMPENSATEO
IN THE MANNER SET FORTH ABOVE.
6. TECMICAL ASSISTANCE AND CONSULTATIONS. THE CITY SHALL NOT
PAY THE FEES OF EXPERT OR TECHNICAL ASSISTANTS AND CONSULTANTS UNLESS SUCH
M
EMPLOYMENT, INCLWING THE RATE OF COMPENSATION, HAS BEEN APPROVED IN
WRITING BY THE CITY.
7. TIME AM ORDER OF ENGINEER'S SERVICES. THE ENGINEER SHALL
FURNISH THE OOCUNENT5 AHD PERSONALLY RENDER OR PROVIDE THE SERVICES REQUIRED
BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TIMES AS MAY BE NECESSARY
TO INSURE THE PROHPT AND CONK NUOU5 DE51QN AND CONSTRUCTION Of THE PROJECT.
8. ASSIGNABILITY. THE ENGINEER SHALL NOI ASSIGN, iHANSFER OR
OELEGATE ANY OF HIS OBLIGATIONS OR DUTIES IN TH15 CONTRACT TO ANY OTHER
PERSON WITHOUT THE PRIOR WRITTEN CONSENT OF THE CtTT, EXCEPT FOR ROUTINE
DUTIES DELEGATED TO PCR50NNEL ON THE ENGINEER'S STAFF. (i THE LNGINEER
15 A PARTNERSHIP, IN IHE EVENT OF THE TERMINATION OF IHE PARTNERSHIP, TNIS
CONTRACT SHALL INURE TO THE INDIVIDUAL BENEFIT Of SUCH PARTNER OR PARTNERS
AS THE CITY MAY ULSIGNATE. NO PART OF THE ENGINEER'S FEE PAY BE ASSIGNED
IN ADVANCE OF RECEIPT BY THE ENGINEER WITHOUT WRITTEN CONSENT Of THE CITY.
9• O'W'NERSHIP OF DOCUMENTS, UPON COMPLETION OF THE PRGUECT `OR
UPON THE TERMINATION OF fN13 CONTRACT, IF PREVIOUSLY TERM KATED) THE
ENGINEER SHALL FURNISH TO THE CITY, "AS- BUMLT° PLANS, REPRODUCED ON LINEN
OR PLASTIC ORAFTING FILM FROM THE ORIGINAL DRAWINGS, OR THE DRIGINAL ORAW-
IRR9 THEMSELVES, TOGETHER WITH A CORRECT AND LEGIBLE SET Of SPECIFICATIONS.
EXECUTED IN DUPLICATE, EACH Of WHICH SHALL BE CONSIDERED AN
ORIGINAL, THIS DAY OF , Ili .
CITY OF CORPUS CHRISTI
ATTEST:
BY
CITY SECRETARY HERBERT W. WHITNEY
CITY MANAGER
APPROVED AS TO LEGAL FORM THIS
DAY OF 1 WILLIAM W. MCCLEPDON, DBA
MCCLEMON i ASSOCIATES,
CONSULTING ENGINEERS
CITY ATTORNEY
BY
W. W, MCCLENOON
30 August 1965
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN
THE ABOVE AND FOREGOING ORDINANCE-15 IN THE TREASURY OF THE CITY OF
CORPUS CHRISTI TO THE CREDIT OF No. 250 Sanitary Sewer Bond Fund,
Project No. 250- 61 -44, $4,920.00
FUND FROM WHICH IT 15 PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
r J
I ECTOR OF FI ANC /
.
•
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS /
DAY OF
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION OF THE CHARTER RULE DR 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
OUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
Ti l G� )IL61 4, LL 1z CLi-
MA' RlJ1��
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P, JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDAN -EL
RONNIE SIZEMORE
WM. H. WALLACE