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HomeMy WebLinkAbout08831 ORD - 04/10/1968sBJw:4 /y /D0 1 0 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SMITH AND RUSSO, A FIRM COMPOSED OF VERNON SMITH AND JOHN B. RUSSO, FOR ENGINEERING SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE PROPOSED DEVELOPMENT OF WEST GUTH PARK, PROJECT NO. 290 -64 -1; APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $8,600, OF WHICH AMOUNT $8,400 IS FOR THE ENGINEERING SERVICES AND $200 IS FOR INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH SMITH AND RUSSO, A FIRM COMPOSED OF VERNON SMITH AND JOHN B. RUS50, FOR ENGINEERING SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE PROPOSED DEVELOPMENT OF WEST GUTH PARK, PROJECT N0. 290 -64 -1, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION THERE IS HEREBY APPROPRIATED OUT OF N0. 291 PARK BOND FUND THE SUM OF $8,600, OF WHICH AMOUNT $8,400 IS FOR THE ENGINEERING SERVICES AND $200 IS FOR INCIDENTAL EXPENSES. SECTION 3. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORE- MENTIONED CONTRACT WITHOUT DELAY IN ORDER THAT THE ENGINEERS MAY COMMENCE WORK AT THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH 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, THIS THE DAY OF APRIL, 1968. y l ATTEST 211- tv NIAY��- ?7*V�-'r- T HE CITY OF CORPUS CHRISTI, TEXAS ClT SECRET Y APPROVED: DAY OF APRIL, 1968: CITY A ORIEY 19831 BJw;4 /9/68 . • CONTRACT FOR ENGINEER'S SERVICES THE STATE OF TEXAS I COUNTY OF NUECES THE CITY OF CORPUS CHRISTI HEREINAFTER CALLED "CITY ", AND SMITH AND RUSSO, A FIRM COMPOSED OF VERNON SMITH AND JOHN B. RUSSO, HEREINAFTER CALLED "ENGINEER ", WHETHER ONE OR MORE, AGREE AS FOLLOWS: 1. SERVICES TO BE PERFORIED. THE ENGINEER HEREBY AGREESI AT HIS OWN EXPENSE, TO PERFORM ALL ENGINEERING OR RELATED ARCHITECTURAL SERVICES NECESSARY TO PROPERLY DEVELOPS CONSTRUCT AND COMPLETE THE FOLLOWING PROJECT: IMPROVEMENTS TO WEST GUTH PARK FURTHER DESCRIBED AS FOLLOWS: SECONDARY PARK ROADS PARKING AREAS BRIDGES POND SITE AND DAM BICYCLE PATHS RELATED DRAINAGE SYSTEM IT IS CONTEMPLATED THAT A PRELIMINARY CONFERENCE BETWEEN THE CITY AND THE ENGINEER SHALL OUTLINE THE DETAILS OF THE PROJECT AND IF DESIRED BY THE CITYp DIVIDE THE PROJECT INTO SEPARATE STAGES WITH THE ENGINEER PROCEEDING WITH THE WORK IN ACCORDANCE WITH WRITTEN ORDER AS MAY BE DETERMINED AT SAID CONFERENCE. THE SERVICES OF THE ENGINEER SHALL INCLUDES BUT NOT BE LIMITED TO THE FOLLOWING: A. PRELIMINARY PHASE: (1) SCOPE OF BASIC SERVICES: (A) PARTICIPATION IN PRELIMINARY CONFERENCES WITH THE OWNER REGARDING THE PROJECT; (B) PREPARATION OF PRELIMINARY ENGINEERING STUDIES DIRECTLY RELATED TO AND PART OF THE PRELIMINARY DESIGN WORK BEING CONSIDERED; (C) PREPARATION OF FIVE COPIES OF PRELIMINARY LAY - OUTS, SKETCHES AND REPORT, WHERE APPLICABLE AND THE ENGINEER'S SPECIFIC RECOMMENDATIONS (D) PREPARATION OF TENTATIVE COST ESTIMATES OF THE PROPOSED CONSTRUCTION. B. DESIGN PHASE: (1) SCOPE OF BASIC SERVICES: �(A) FIELD SURVEYS FOR PLANNING AND DESIGN OF IMPROVE- MENTS LISTED UNDER SERVICES TO BE PERFORMED. (B) PLANNING ANY SOIL BORINGS OR SUBSURFACE EXPLORA- TIONS OR ANY SPECIAL TESTS WHICH MAY BE REQUIRED FOR DESIGN; ARRANGING FOR SUCH WORK TO BE DONE DIRECTLY FOR OWNERS ACCOUNTS AND ENGINEERING INTERPRETATION OF RESULTS OF SUCH INVESTIGATIONS. (C) FURNISHING TO THE OWNERS WHERE APPLICABLE THE ENGINEERING DATA NECESSARY FOR APPLICATIONS FOR PERMITS REQUIRED BY LOCAL, STATE AND FEDERAL AUTHORITIES; AND TO ASSIST THE OWNER IN THE PRE- PARATION OF AN APPLICATION TO TEXAS PARKS BL WILDLIFE DEPARTMENT FOR MATCHING FUNDS FOR THE PROJECT; (D) PREPARATION OF DETAILED CONTRACT DRAWINGS AND SPECIFICATIONS FOR CONSTRUCTION AUTHORIZED BY THE OWNER; (E) PREPARATION OF DETAILED COST ESTIMATES AND BIDDERS' PROPOSAL FORMS FOR AUTHORIZED CONSTRUCTION; (F) FURNISHING FIVE COPIES OF PLANS, AND 25 SETS OF SPECI- FICATIONS, NOTICES TO BIDDERS, AND BIDDERS' PRO- POSALS; ADDITIONAL COPIES OF PLANSj IF REQUESTED BY CITY SHALL BE FURNISHED AT ENGINEERS COST OF REPRODUCTION; (G) ASSISTANCE TO THE OWNER IN SECURING BIDS; (H) ASSISTANCE IN THE TABULATION AND ANALYSIS OF BIDS AND FURNISHING RECOMMENDATIONS ON THE AWARD OF CONSTRUCTION CONTRACTS; (1) ASSISTANCE IN THE ENGINEERING PHASES OF THE -PRE- PARATION OF FORMAL CONTRACT DOCUMENTS FOR THE AWARD OF CONTRACTS. C.. CONSTRUCTION PHASE. (1) SCOPE OF BASIC SERVICES: (A) PERFORMING GENERAL SUPERVISION AND ADMINISTRATION OF AUTHORIZED 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 CON - STRUCTION. IN THE ADMINISTRATION OF THE PROJECTy THE ENGINEER WILL ENDEAVOR TO PROTECT THE OWNER AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS BUT HE DOES NOT GUARANTEE THE PERFORM- ANCE OF THEIR CONTRACTS; (B) CONSULTATION AND ADVICE WITH THE OWNER DURING CON - STRUCTION; (C) CHECKING OF SHOP AND WORKING DRAWINGS FURNISHED BY CONTRACTORS; -2- (D) REVIEW OF LABORATORY, SHOP AND MILL TESTS OF MATERIALS AND EQUIPMENT; (E) PREPARATION OR REVIEW OF MONTHLY 'AND FINAL ESTIMATES FOR PAYMENTS TO CONTRACTORS; (F) SUPERVISION OF INITIAL OPERATION OF THE PROJECTS OR OF PERFORMANCE TESTS REQUIRED BY SPECIFICATIONS; (G) MAKING A FINAL INSPECTION OF THE PROJECT IN COMPANY WITH THE OWNER; (H) REVISION OF CONTRACT DRAWINGS TO SHOW THE WORK AS ACTUALLY CONSTRUCTED. FURNISH A SET OF "AS BUILT" REPRODUCIBLE DRAWINGS TO THE OWNER. 2. COST OF THE PROJECT -- PRELIMINARY ESTIMATE. THE CITY HAS BUDGETED THE SUM OF $105,000 FOR THE CONSTRUCTION OF THIS PROJECTS EXCLU- SIVE OF ENGINEERING AND LEGAL EXPENSES. THE ENGINEER SHALL DEVELOP THE PRELIMINARY PLANS TO KEEP THE ESTIMATED COST WITHIN THE BUDGETED AMOUNT OR WITHIN SUCH GREATER SUM AS THE CITY MAY APPROVES IN WRITING. THE CITY SHALL NOT BE OBLIGATED TO ACCEPT THE PRELIMINARY PLANS AND DRAWINGS UNTIL THIS IS DONE. 3. COST OF THE PROJECT: FINAL BIDS. THE ENGINEER SHALL DESIGN THE PROJECT SO 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 THE LOW BID RECEIVED EXCEEDS THIS 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 CONSTRUCTION TO THE BUDGETED AMOUNT. 4. FEE. THE OWNER WILL PAY TO THE ENGINEER A FEE OF 8.0 PER- CENT OF THE CONTRACT PRICE FOR THE CONSTRUCTION OF THE PROJECTS OR SUCH PHASES THEREOF AS HAVE BEEN AUTHORIZEI)p WHICH SHALL CONSTITUTE COMPLETE COMPENSATION FOR ALL SERVICES WHICH HE AGREES TO PERFORM IN THIS CONTRACT. THIS FEE SHALL BE PAYABLE AS FOLLOWS: A. 30% UPON THE APPROVAL AND ACCEPTANCE BY THE CITY OF THE PRELIMINARY PLANS AND SKETCHES MEETING THE REQUIREMENTS OF PARAGRAPH 2 ABOVE. FOR THE PURPOSE OF THIS PAYMENT THE FEE SHALL BE BASED UPON THE BUDGETED AMOUNT OF THE CONTRACT. AFTER THE CONTRACT IS LET, AN ADJUSTMENT SHALL BE 14ADE BETWEEN THE BUDGETED AMOUNT AND THE ACTUAL CON- TRACT COST. -3- B. AN ADDITIONAL 55% UPON THE COMPLETION OF DETAILED FINAL PLANS AND SPECIFICATIONS MEETING THE REQUIREMENTS OF PARAGRAPH 3 ABOVE AND THE APPROVAL OF THE OWNER. C. 15% OF THE FEE SHALL BE PAID DURING THE COURSE OF CON- STRUCTION IN MONTHLY PAYMENTS. EACH MONTHLY PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON THE CONSTRUC- TION CONTRACT WHICH IS THE SAME AS 15% OF THIS SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST. 5. DESIGN OR CONSTRUCTION PHASE AUTHORIZATION. THE ENGINEER SHALL NOT PROCEED WITH THE DESIGN PHASE OR CONSTRUCTION PHASE UNLESS AUTHORIZED IN WRITING BY THE DIRECTOR OF PUBLIC WORKS. 6. TERMINATION OF CONTRACT. THE CITY MAY AT ANY TIMES WITH OR WITHOUT CAUSE CAUSE] TERMINATE THIS CONTRACT. IN THIS EVENT THE ENGINEER SHALL BE COMPENSATED FOR HIS SERVICE 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 BUT IN NO EVENT MORE THAN THE FEE FOR THE PRELIMINARY PHASE OR DESIGN PHASE OF THE PROJECT OR SUCH STAGE OR STAGES THEREOF AS THE CITY HAS ORDERED. B. IF TERMINATION OCCURS AFTER FINAL COMPLETION AND APPROVAL OF THE DRAWINGS AND SPECIFICATIONS,,THE FEE OF THE ENGINEER SHALL BE 85% OF THE TOTAL FEE BASED ON THE BUDGETED AMOUNT. 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 PARAGRAPH 4 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 CONSTRUC- TION OF THE PROJECT CONTEMPLATED BY THE PARTIES TO THIS AGREEMENT. E. IF THE ENGINEER SHOULD BE UNABLE TO COMPLETE THIS CONTRACT DUE-TO DEATHS ILLNESS, OR ANY OTHER CAUSE BEYOND HIS REASON- ABLE CONTROL, HE OR HIS ESTATE SHALL BE COMPENSATED IN THE MANNER SET FORTH ABOVE. 7. TECHNICAL ASSISTANCE AND CONSULTATIONS. THE CITY SHALL NOT PAY THE FEES OF EXPERT OR TECHNICAL ASSISTANTS AND CONSULTANTS UNLESS SUCH EMPLOYMENTS INCLUDING THE RATE OF COMPENSATIONS HAS BEEN APPROVED IN WRITING BY THE CITY. 8. TIME AND 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 TIMELY COMPLETION OF THE PROJECT WITHIN LIMITS APPROVED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT. -4- 9. 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 ON THE ENGINEERS 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 ENGINEERS FEE MAY BE ASSIGNED IN ADVANCE OF RECEIPT BY THE ENGINEER WITHOUT WRITTEN CONSENT OF THE CITY. 10. OWNERSHIP OF DOCUMENTS. UPON THE COMPLETION OF THE PROJECT (OR UPON THE TERMINATION OF THIS CONTRACT, IF PREVIOUSLY TERMINATED) THE ENGINEER SHALL FURNISH TO THE CITY, IN A SUITABLE CONTAINER FOR FILING, °AS BUILT" REPRODUCIBLE DRAWINGS SHOWING THE WORK AS ACTUALLY CONSTRUCTED, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS. EXECUTED IN TRIPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS DAY OF , 1968. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED DAY OF , 1968: SMITH & RUSSO BY ENGINEER CITY ATTORNEY IRECTOR OF h INAPICE -5- THE STATE OF TEXAS COUNTY OF NUECES _ BEFORE MEf THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- PEARED - - , CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF , 19 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS a COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- PEARED l , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID f A , AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH FIRM FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. - - -- GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY of , 19 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -6- Avril 8. 1968 I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of No. 291 Park Bond Fund Project No. 291 -64-1 $8,600.00 Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose, D1 ector of na • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS • CORPUS CHRISTip TEXAS DAY OF 1:9� FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRDDUCED� AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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. RESPECTFULLY MAYOR ,. THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS