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HomeMy WebLinkAbout09731 ORD - 04/29/1970r AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR SERVICES IN CONNECTION WITH THE DESIGN OF PLANS' AND SPECIFICATIONS FOR CONSTRUCTION OF SANITARY SEWER LATERALS, MAINS AND COLLECTORS IN THE SOUTH GATE AREA OF FLOUR BLUFF, APPLICABLE TO PROJECT NO.,250- 70-79; APPROPRIATING OUT OF THE GENERAL FUND THE SUM OF $145,500 TO BE REIMBURSED OUT OF THE NO. 250 SANITARY SEWER BOND FUND UPON SALE OF PREVIOUSLY AUTHORIZED BONDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR CONTRUCTION OF SANITARY SEWER LATERALS, MAINS AND COLLECTORS IN THE SOUTH GATE AREA OF FLOUR BLUFF, APPLICABLE TO PROJECT No. 250 - 70-79, IN ACCORDANCE WITH THE TERMS OF THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION t� 2. THERE IS HEREBY APPROPRIATED OUT OF THE GENERAL FUND THE SUM OF $145,500, TO BE REIMBURSED OUT OF THE No. 250 SANITARY SEWER BOND FUND UPON SALC OF PREVIOUSLY AUTHORIZED BONDS. SECTION 3. THE NECESSITY TO PROVIDE THE NECESSARY FUNDS AND TO AUTHORIZE THE HEREINABOVE DESCRIBED CONTRACT IN ORDER THAT THE WORK OUTLINED MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMER- GENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT TIlIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM MAND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE,S ` 4 // / DAY OF APRIL, 1970. ATTEST: CITY SECREfrA APPROVED: DAY OF APRIL, 1970: ae<12 CITY A R THE CITY OF CORPUS CHRISTI, TEXAS 9731 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS Q COUNTY OF NUECES THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED "CITY", AND URBAN ENGINEERING, HEREINAFTER CALLED "ENGINEER ", WHETHER ONE OR MORE, AGREE AS FOLLOWS: 1. SERVICES TO BE PERFORMED. THE ENGINEER HEREBY AGREES, AT HIS OWN EXPENSE, TO PERFORM ALL ENGINEERING SERVICES NECESSARY TO PROPERLY DEVELOP DESIGN PLANS AND SPECIFICATIONS ON THE FOLLOWING IMPROVEMENTS TO THE SEWER COLLECTION SYSTEM IN THE FLOUR BLUFF AREA OF THE CITY OF CORPUS CHRISTI AND DESCRIBED BELOW: A. THE SERVICES SHALL INCLUDE THE AREA FROM PADRE ISLAND DRIVE TO THE NAVAL AIR STATION, FROM LAGUNA MADRE TO FLOUR BLUFF DRIVE, INCLUDING A PORTION SOUTH OF PADRE ISLAND DRIVE BETWEEN WALDRON ROAD AND LAGUNA MADRE. THE AREA IS MORE CLEARLY SHOWN IN THE APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBMITTED BY THE CITY ON MARCH 27, 1970 AND INCLUDES SANITARY SEWER LATERALS, COLLECTORS AND MAINS CONTRIBUTING TO LIFT STATIONS 5 AND 6 AND TREATMENT PLANT. THE PLANS MAY BE PREPARED IN PHASES AS AUTHORIZED BY CITY. 2. SCOPE OF SERVICES. ENGINEER'S SERVICES FOR ITEMS 2 -A, 2 -13, AND 2-c WILL BE THOSE SERVICES WHICH ARE IN ACCORDANCE WITH THE MANUAL OF ENGINEERING PRACTICE, GENERAL ENGINEERING SERVICE, AS PUBLISHED IN 1963 BY THE TEXAS SOCIETY OF PROFESSIONAL ENGINEERS, AND WILL INCLUDE THE FOLLOWING SCOPE OF BASIC SERVICES: A. IN THE PRELIMINARY PHASE: (1) CONFERENCES WITH THE PROPER CITY REPRESENTATIVE REGARDING THE PROPOSED PROJECT. (2) STUDIES AND REPORTS DIRECTLY RELATED TO AND PART OF THE WORK BEING CONSIDERED. CONSULTATIONS WITH CITY REGARDING LOCATION OF LINES IN AREA DESCRIBED. (3) PRELIMINARY LOCATION, SIZES AND TYPES OF-MATERIALS. (4) PRELIMINARY COST ESTIMATES OF PROPOSED CONSTRUCTION IN PHASES. (5) THE CITY WILL FURNISH ENGINEER WITH PRELIMINARY INFORMATION, WITH COPIES OF PLANS OF SUCH EXISTING FACILITIES AS ARE NECESSARY AND AVAILABLE, AND WITH OTHER INFORMATION PERTINENT TO THE PLANNING AND DESIGN. B. IN THE DESIGN PHASE (FOR WORK AS AUTHORIZED BY CITY): (1) (2) (3) (4+) (5) (6) (7) FIELD SURVEYS FOR DETAILED PLANS. FURNISHING ENGINEERING DATA NECESSARY FOR PERMITS REQUIRED BY LOCAL, STATE AND FEDERAL AUTHORITIES AND ASSIST CITY WITH COORDINATION OF PROJECT WITH FEDERAL AGENCIES. PREPARATION OF DETAILED CONTRACT PLANS AND SPECIFICA- TIONS FOR CONSTRUCTION, WITH FIVE (5) SETS OF PLANS AND TWENTY -FIVE (25) SETS OF SPECIFICATIONS AND CONTRACT DOCUMENTS FURNISHED TO THE CITY. (ADDITIONAL COPIES WILL BE FURNISHED AS REQUIRED AT ACTUAL COST OF REPRODUCTION.) PREPARATION OF ESTIMATES OF QUANTITIES AND COSTS. ASSISTANCE TO CITY IN SECURING BIDS. ANALYSIS OF BIDS AND RECOMMENDATIONS CONCERNING AWARDS. ASSISTANCE IN AWARD OF CONTRACTS. C. IN THE CONSTRUCTION PHASE: (1) CHECKING OF SHOP AND WORKING DRAWINGS WHEN REQUIRED AND FURNISHED BY CONTRACTOR. (2) SUPERVISION AND REVIEW OF LABORATORY TESTS. (3) CONSULTATION WITH THE CITY AND ADVICE DURING CONSTRUCTION. (I}) GENERAL SUPERVISION OF THE WORK AND INTERPRETATION OF THE PLANS AND SPECIFICATIONS BY PERIODIC VISITS TO THE SITE BY A PRINCIPAL OF THE FIRM. (5) PREPARATION OF MONTHLY AND FINAL ESTIMATES FOR PAYMENTS TO THE CONTRACTORS. CO FINAL INSPECTION. (7) REVISION OF THE CONSTRUCTION DRAWINGS TO SHOW THE PROJECT AS BUILT. -2 -. 3. FEE. THE BASIC FEE FOR PERFORMING THE BASIC ENGINEERING SERVICES FOR ITEMS 2 -A, 2 -B AND 2 -C WILL BE BASED ON A PERCENTAGE OF THE COST OF EACH INDIVIDUAL CONSTRUCTION CONTRACT AS MAY BE AUTHORIZED BY THE CITY. THIS PERCENTAGE SHALL BE 6.5 %. ALTHOUGH THE FEE IS BASED ON 6 -1/2% OF THE CONSTRUCTION COSTS, IT WILL NOT CHANGE IF THE PROJECT IS PHASED AS INDICATED UNDER No. 1 "SERVICE To BE PERFORMED ". IT IS ANTICIPATED THAT THE CITY WILL BREAK THIS DOWN INTO SEVERAL CONTRACTS. THE FEE FOR SERVICES FOR ITEMS 2 -A, 2 -B AND 2 -C TO BE DUE AND PAY- ABLE AS FOLLOWS (SAID SERVICES ABOVE LISTED): A. IN THE PRELIMINARY PHASE: FOR SERVICES RENDERED UNDER THE PRELIMINARY PHASE AS DESCRIBED ABOVE FOR WORK AUTHORIZED BY THE CITY OF THE BASIC FEE. APPROVAL OF THE PRELIMINARY ENGINEERING PLANS WILL BE REQUIRED BEFORE PAYMENT. SERVICES RENDERED IN THE PRELIMINARY PHASE SHALL BE EQUAL TO 20% OF THE BASIC FEE. B. 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 65% OF THE BASIC FEE FOR WORK AUTHORIZED BY THE CITY SHALL BE DUE AND PAYABLE. IN THE EVENT THAT PROPOSALS FOR CONSTRUCTION ON THE WORK ARE RE- CEIVED AFTER SUBMISSION OF COMPLETE CONTRACT PLANS AND SPECIFICATIONS TO THE CITY, THE FEE FOR THE SERVICES RENDERED FOR THE PRELIMINARY AND DESIGN PHASES OF THIS PORTION OF THE WORK SHALL BE ADJUSTED TO THE "CONSTRUCTION COST" AS REFLECTED BY THE LOWEST BONA FIDE BID. WHERE NO PROPOSALS ARE RECEIVED WITHIN A PERIOD OF 90 DAYS, THEN THE ENGINEOIS ESTIMATES SHALL BE THE BASIS FOR FINAL PAY- MENT FOR SERVICES RENDERED UNDER THE PRELIMINARY AND DESIGN PHASES. C. CONSTRUCTION PHASE: FOR SERVICES RENDERED UNDER THE CONSTRUCTION PHASE, AS DESCRIBED ABOVE, AN AMOUNT EQUAL TO 15% OF THE BASIC FEE FOR THOSE PORTIONS OF THE WORK COVERED BY CONSTRUC- TION CONTRACTS SHALL BE DUE AND PAYABLE BASED ON MONTHLY ESTIMATES OF WORK PERFORMED BY THE CONTRACTOR. D. RESIDENT INSPECTION: SHOULD THE CITY ELECT, THE SERVICES OF A RESIDENT ENGINEER AND/OR INSPECTORS FOR CONTINUOUS ON- THE -SITE INSPECTION DURING CONSTRUCTION WILL BE PROVIDED AT A SALARY COST TIMES A FACTOR OF 2.0 PLUS REIMBURSEMENT FOR NON -LABOR EXPENSE AND SUBCONTRACT EXPENSE AT INVOICE COST PLUS 10 %, ALL AS SET OUT AND DEFINED IN THE MANUAL OF PROFESSIONAL f` PRACTICE. TIME CHARGED SHALL BE ACTUAL TIME ON THE JOB. Y. TERMINATION OF CONTRACT. THE CITY MAY AT ANY TIME, WITH OR WITHOUT CAUSE, TERMINATE THIS CONTRACT. IN THE EVENT THE ENGINEER SHALL BE COMPENSATED FOR HIS SER- VICE ON ALL STAGES AUTHORIZED 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 IN ACCORDANCE WITH THE ABOVE DESCRIBED SCHEDULE OF FEES AND IN PROPORTION TO THE AMOUNT OF WORK DONE ON SUCH STAGE OR PHASE AS HAVE BEEN AUTHORIZED. B. IF TERMINATION OCCURS AFTER FINAL COMPLETION AND APPROVAL OF THE DRAWINGS AND SPECIFICATIONS THE FEE OF THE ENGINEER SHALL BE 50% OF THE BASIC FEE BASED ON ENGINEERS CONSTRUCTION ESTIMATE SUBMITTED WITH THE DESIGN PHASE AND APPROVED BY THE CITY, PLUS THE FEE PAID FOR THE PRELIMINARY PHASES LESS THE CREDIT AS AFORE - DESCRIBED. C. IF TERMINATION OCCURS AFTER THE LETTING OF THE CONTRACT, BUT PRIOR TO FINAL COMPLETION OR ACCEPTANCE BY THE CITY, -4- THE FEES OF THE ENGINEER SHALL BE COMPUTED IN ACCORD- ANCE WITH THE PROVISIONS OF PARAGRAPHS 3 AND 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 CONSTRUCTION OF THE PROJECT CONTEMPLATED BY THE PARTIES TO THIS AGREEMENT. 5. 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, "As BUILT" PLANS, REPRODUCED ON LINEN OR PLASTIC DRAFTING FILM FROM THE ORIGINAL DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS. 6. 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 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. 7. TECHNICAL ASSISTANCE AND CONSULTATIONS. THE CITY SHALL NOT PAY THE FEES OF EXPERT OR TECHNICAL ASSIST- ANCE AND CONSULTANTS UNLESS SUCH EMPLOYMENT, INCLUDING THE RATE OF COMPENSA- TION, HAS BEEN APPROVED IN WRITING BY THE CITY. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS DAY OF 1970. ATTEST: THE CITY OF CORPUS CHRISTI By CITY SECRETARY APPROVED: DAY OF APRIL, 1970: CITY ATTORNEY BY DIRECTOR OF FINANCE R. MARVIN TOWNSEND, CITY MANAGER URBAN ENGINEERING Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, 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 introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, 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, ae•f &eta...6/f MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. i'Wrangler" Roberts Ronnie Sizemore folrowing vote: