HomeMy WebLinkAbout10011 ORD - 11/25/197011/24/70 :mv1
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AGREEMENT FOR ENGINEERING SERVICES WITH MUNROE AND
BASS, CONSULTING ENGINEERS, FOR THE DESIGN OF PLANS
AND SPECIFICATIONS FOR STREET IMPROVEMENTS FOR WEST
POINT ROAD (GREENWOOD DRIVE TO COLUMBIA), AND GREEN-
WOOD DRIVE (PADRE ISLAND DRIVE TO HORNE ROAD), PRO -
JECLS NOS. 220 -70 -112 AND 220 -70 -113, RESPECTIVELY, A
COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE
A PART HEREOF; APPROPRIATING FROM N0. 220 STREET BOND
FUND, PROJECT NO. 220 -70 -113, $25,500, OF WHICH $24,500
IS FOR THE BASIC ENGIMERRING FEE, AND $1,000 IS FOR
DESIGN CONINGENCIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized and
directed to execute an agreement, for and on behalf of the City of Corpus
Christi, with Munroe and Bass, Consulting Engineers, for the design of
plans and specifications for street improvements for West Point Road
(Greenwood Drive to Columbia) and Greenwood Drive (Padre Island Drive to
Horne Road), designated as Projects Nos. 220 -70 -112 and 220 -70 -113, re-
spectively, a copy of said agreement being attached hereto and made a
part hereof for all pertinent purposes.
SECTION 2. That there is hereby appropriated from No. 220 Street
Bond Fund, Project No. 220 -70 -113, the sum of $25,500, of which $24,500 is
for the basic engineering fee and $1,000 is for design contingencies.
SECTION 3. The necessity to execute the aforementioned agreement
and appropriate the necessary funds for the fee and contingencies at the
earliest possible date so that work on these Projects may proceed without
delay, creates a public emergency and an imperative public necessity re-
quiring the suspension of the Charter rule that no ordinance or resolution
shall be passed finally on the date of its introduction and that such ordi-
nance or resolution shall be read at three several meetings of the City
Council and the Mayor, having declared that such public emergency and im-
perative public necessity exist, and having requested that such Charter rule
be suspended and that this ordinance be passed finally on the date of its
iooit
introduction and take effect and be in full force and effect
- from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the LZd �ay of November,
1970.
ATTEST:
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
2r� DAY OF 1970:
C Attorney
VMP:11/25/70
CONTRACT FOR ENGINEERING SERVICES
THE STATE OF TEXAS
COUNTY OF NUECES
THIS MEMORANDUM AND AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY
OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS
OF THE STATE OF TEXAS, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED CITY
MANAGER, R. MARVIN TOWNSEND, HEREINAFTER CALLED "CITY" AND MUNROE & BASS,
CONSULTING ENGINEERS, HEREINAFTER CALLED "ENGINEER ":
WI TNESSEJH:
WHEREAS, THE CITY INTENDS TO CONSTRUCT CERTAIN STREET IMPROVEMENTS
ON GREENWOOD DRIVE, FROM PADRE ISLAND DRIVE TO HORNE ROAD, AND ON WEST POINT
ROAD, FROM GREENWOOD DRIVE TO COLUMBIA STREET; AND
WHEREAS, THE CITY COUNCIL HAS HERETOFORE DULY AUTHORIZED THE EXECU-
TION OF A CONTRACT FOR ENGINEERING SERVICES WITH ENGINEER FOR THE DESIGN
OF PLANS, PREPARATION OF SPECIFICATIONS AND CONTRACT DOCUMENTS, AND FOR
CERTAIN CONSTRUCTION SUPERVISION SERVICES FOR THE IMPROVEMENT OF GREENWOOD
AND WEST POINT ROAD WITHIN THE LIMITS DEFINED HEREIN:
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PAYMENT OF A FEE
HEREINAFTER SET FORTH, CITY AND ENGINEER AGREE AS FOLLOWS:
SERVICES TO BE PERFORMED
ENGINEER AGREES TO PREPARE ALL PLANS, SPECIFICATIONS AND CONTRACT
DOCUMENTS, AND PERFORM GENERAL ADMINISTRATION FOR THE CONSTRUCTION OF IM-
PROVEMENTS ON GREENWOOD DRIVE, FROM PADRE ISLAND DRIVE TO HORNE ROAD, AND
ON WEST POINT ROAD, FROM GREENWOOD DRIVE TO COLUMBIA STREET, IN CORPUS
CHRISTI, TEXAS, SUCH IMPROVEMENTS TO CONSIST OF STREET PAVING, CURBS, GUTTERS
AND APPURTENANCES WITHIN THE LIMITS ABOVE DEFINED. THE SERVICES OF THE
ENGINEERS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING PHASES OF WORK
WHEN -AND AS EACH PHASE IS AUTHORIZED BY THE CITY:
A. PRELIMINARY PHASE- -SCOPE OF BASIC SERVICES:
(1) PARTICIPATION IN PRELIMINARY CONFERENCES WITH
DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS
CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT.
(P) PREPARATION OF PRELIMINARY ENGINEERING STUDIES
DIRECTLY RELATED TO AND PART OF PRELIMINARY
DESIGN WORK BEING CONSIDERED;
(3) PREPARATION OF 5 COPIES OF PRELIMINARY LAYOUTS,
SKETCHES, AND REPORT, WHERE APPLICABLE2 AND
ENGINEERS SPECIFIC RECOMMENDATIONS:
(9) PREPARATION OF PRELIMINARY COST ESTIMATES OF
PROPOSED CONSTRUCTION;
B. DESIGN PHASE -SCOPE OF BASIC SERVICES:
(1) ESTABLISHING THE SCOPE OF ANY SOIL BORINGS OR SUBSUR-
FACE EXPLORATIONS AND TESTS WHICH MAY BE REQUIRED FOR
DESIGN; ARRANGING FOR SUCH WORK TO BE DONE DIRECTLY
FOR CITY'S ACCOUNT AND ENGINEERING INTERPRETATION OF
RESULTS OF SUCH INVESTIGATIONS;
(E) PROVIDING FIELD SURVEYS DURING THE PRELIMINARY AND
DESIGN PHASES INCLUDING PLOTTING; FIELD SURVEYS,
PROBING AND MAPPING TO LOCATE EXISTING UTILITIES AND
FACILITIES PERTINENT TO THE PROJECT IN THOSE CASES
WHERE SUCH MAPS ARE NOT AVAILABLE; LAND SURVEYS,
ESTABLISHING BOUNDARIES AND MONUMENTS; CITY WILL
PROVIDE AERIAL PHOTOGRAPHS OF GREENWOOD DRIVE.
(3) PREPARATION OF DETAILED CONSTRUCTION DRAWINGS AND
SPECIFICATIONS. DRAWINGS TO BE PREPARED ON STANDARD
CITY OF CORPUS CHRISTI SHEETS. SPECIFICATIONS TO BE
IN ACCORDANCE WITH CITY OF CORPUS CHRISTI STANDARD
SPECIFICATIONS. PLANS SHALL INCLUDE A DESCRIPTION OF
EACH PIECE OF PROPERTY THAT ADJOINS THE PROJECT WITH
THE FRONT FOOTAGE AND THE NAME OF THE PROPERTY OWNER;
(4) PREPARATION OF DETAILED COST ESTIMATES AND CONTRACT
DOCUMENTS, INCLUDING NOTICE TO BIDDERS, AND BIDDERS'
PROPOSAL FORMS FOR AUTHORIZED CONSTRUCTION;
(5) FURNISHING FIVE COPIES OF PLANS AND EIGHTEEN SETS OF
SPECIFICATIONS, NOTICE TO BIDDERS, AND BIDDERS' PRO-
POSAL FORMS; COPIES IN EXCESS OF THESE QUANTITIES ARE
TO BE PAID BY CITY AS FOLLOWS:
SPECIFICATIONS, $5.00 PER SET;
PLANS AND DRAWINGS, COST OF REPRODUCTION.
(6) ASSISTANCE TO CITY IN SECURING BIDS, TABULATING BIDS,
AND ANALYZING BIDS. FURNISHING RECOMMENDATIONS ON
AWARD OF CONSTRUCTION CONTRACTS.
C. CONSTRUCTION PHASE- -SCOPE OF BASIC SERVICES:
(1) ACTING AS THE CITY'S REPRESENTATIVE TO CONTRACTOR AND
SUBCONTRACTORS) IF ANY, DURING CONSTRUCTION. THIS IS
TO INCLUDE PERIODIC VISITS TO THE SITE TO CHECK ON
PROGRESS AND QUALITY OF WORK AND TO DETERMINE IN
GENERAL IF WORK IS PROCEEDING IN ACCORDANCE WITH PLANS
AND SPECIFICATIONS;
(Z) CONSULTATION WITH AND ADVICE TO CITY DURING CONSTRUC-
TION;
(3) INTERPRETATION OF DRAWINGS AND SPECIFICATIONS; CHECKING
OF SHOP AND WORKING DRAWINGS FURNISHED BY CONTRACTORS;
-Z-
(4) REVIEW OF LABORATORY, SHOP AND MILL TESTS OF MATERIALS
AND EQUIPMENT;
(5) REVIEW AND REPORT OF MONTHLY AND FINAL ESTIMATES FOR
PAYMENTS TO CONTRACTORS;
(6) SUPERVISION OF INITIAL OPERATION OF PROJECT OR OF
PERFORMANCE TESTS REQUIRED BY SPECIFICATIONS;
(7) MAKING OF FINAL INSPECTION OF PROJECT;
D. CONSTRUCTION LAYOUT, STAKING AND SUPERVISION PHASES.
(1) FURNISH A THREE -MAN FIELD PARTY TO INCLUDE ALL SURVEY-
ING EQUIPMENT AND TRANSPORTATION.
COMPENSATION - 2 TIMES SALARY COST OF $15.00 PER HOUR.
(2) FURNISH A RESIDENT INSPECTOR INCLUDING TRANSPORTATION.
COMPENSATION - 2 TIMES SALARY COST.
(3) IN ADDITION TO ABOVE, ALL DIRECT NON -LABOR COSTS,
EXCEPT FOR TRANSPORTATION, SHALL BE EITHER FURNISHED
BY THE CITY OR SHALL BE CHARGED TO THE CITY AT COST
PLUS 10 %. THIS IS TO INCLUDE STAKES, MARKING PENS,
FLAGGING ETC.
II
COST OF THE PROJECT - PRELIMINARY ESTIMATE
THE CITY HAS ESTIMATED THE COST OF THE CONSTRUCTION OF THE
IMPROVEMENTS SET FORTH HEREIN AS THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,000) FOR THE STREET PORTIONS EXCLUSIVE OF ENGINEERING AND LEGAL
EXPENSES. ENGINEER HEREBY AGREES TO MAKE SUCH REVISIONS IN THE PRELIMIN-
ARY PLAN AS MAY BE REQUIRED TO MAKE SUCH PLANS CONFORM TO AND BE HARMONIOUS
WITH SUCH ESTIMATED COST. THE CITY SHALL NOT BE OBLIGATED TO ACCEPT THE
PRELIMINARY PLANS AND DRAWINGS UNTIL THIS IS DONE.
FEE
THE TOTAL BASIC CHARGE FOR THE ENGINEERING SERVICES FOR THIS
PROJECT SHALL BE 7% OF THE COST OF THE WORK OF STREET PORTION, SAID BASIC
CHARGE TO BE CALCULATED UPON THE ESTIMATED ACTUAL COST UNTIL SUCH TIME AS
THE ACTUAL COST OF THE CONSTRUCTION HAS BEEN DETERMINED BY THE LETTING OF
A CONTRACT, FROM AND AFTER WHICH DATE THE ACTUAL COST OF CONSTRUCTION AS
DETERMINED BY THE CONTRACT PRICE SHALL BE USED AS THE COST OF THE WORK.
"ESTIMATED ACTUAL COST" SHALL EXCLUDE ENGINEERING, APPRAISAL, AND LEGAL
EXPENSES OF THE CITY. SUCH CHARGE FOR THE INDIVIDUAL PHASES OF THE WORK
SHALL BE AS FOLLOWS:
-3-
THE PRELIMINARY PHASE SHALL BE 25% X 7% OF THE TOTAL BASIC CHARGE
FOR THIS PROJECT. �/
THE DESIGN PHASE SHALL BE 50% x 7% OF THE TOTAL BASIC CHARGE FOR
THIS PROJECT.
CONSTRUCTION PHASE SHALL BE 25% X 7% OF THE TOTAL BASIC CHARGE
FOR THIS PROJECT.
THE ESTIMATED TOTAL ENGINEERING COST FOR THIS SERVICE IS $24,500,
EXCLUDING THE CONSTRUCTION LAYOUT, STAKING AND SUPERVISION PHASE.
IV
TERMINATION OF CONTRACT
THE CITY MAY AT ANY TIMES 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 SHALL BE PAID A REASONABLE COMPENSATION
FOR THE SERVICES ACTUALLY RENDERED BY HIM IN ACCORD-
ANCE WITH THE ABOVE DESCRIBED PERCENTAGE 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 AFTER FINAL COMPLETION AND
APPROVAL OF THE DRAWINGS AND SPECIFICATIONS, THE FEE OF
THE ENGINEER SHALL BE 50% OF 7% OF THE TOTAL BASIC FEE
BASED ON ENGINEERS ESTIMATED ACTUAL COST, AS ABOVE
DEFINED SUBMITTED WITH THE DESIGN PHASE, PLUS THE FEE
PAID FOR THE PRELIMINARY PHASE.
C. IF TERMINATION OCCURS AFTER THE LETTING OF THE CONTRACT,
BUT PRIOR TO FINAL COMPLETION OR ACCEPTANCE BY CITY, THE
FEES OF THE ENGINEER SHALL BE COMPUTED IN ACCORDANCE WITH
SECTIONS A AND B OF THIS PARAGRAPH AND SUCH REASONABLE
COMPENSATION FOR THE SERVICES ACTUALLY RENDERED BY
ENGINEER DURING THE CONSTRUCTION PHASE BASED ON THE
PERCENTAGES PROVIDED IN PARAGRAPH 4 HEREOF.
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.
E. IF THE ENGINEER SHOULD BE UNABLE TO COMPLETE THIS CONTRACT
DUE TO DEATH, ILLNESS, OR ANY OTHER CAUSE BEYOND HIS
REASONABLE CONTROL, HE OR HIS ESTATE SHALL BE COMPENSATED
IN THE MANNER SET FORTH ABOVE.
V
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
-4-
SUCH TIMES AS MAY BE NECESSARY TO INSURE THE PROMPT AND CONTINUOUS DESIGN
AND CONSTRUCTION OF THE PROJECT. THE ENGINEER AGREES TO FURNISH THE PRE-
LIMINARY ,PLANS AND DRAWINGS FOR APPROVAL OF THE CITY NOT LATER THAN 120
CALENDAR DAYS FROM THE DATE OF THIS AGREEMENT AND TO FURNISH THE COMPLETED
DRAWINGS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR FINAL APPROVAL OF THE
CITY NOT LATER THAN 120 CALENDAR DAYS AFTER APPROVAL OF THE PRELIMINARY
PLANS AND WRITTEN AUTHORIZATION FROM. THE DIRECTOR OF PUBLIC WORKS TO PRO-
CEED WITH FINAL PLANS.
VI
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 PARTNERSHIPS 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.
VII
OWNERSHIP OF DOCUMENTS
UPON COMPLETION OF THE PROJECT, 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. IF THIS CONTRACT IS TERMINATED
PRIOR TO THE COMPLETION OF THE PROJECT, UPON PAYMENT BY CITY TO ENGINEER OF
ANY SUMS DUE AND OWING TO ENGINEER BY CITY UNDER THE TERMS HEREOF AT TIME
OF CONTRACT TERMINATION, ENGINEER SHALL PROMPTLY DELIVER TO CITY ALL ITS
WORK PRODUCTS INCLUDING BUT NOT LIMITED TO DRAWINGS PLANS DESIGNS SPECI-
FICATIONS, CONTRACT DOCUMENTS, AND REPORTS, PERFORMED AND MADE BY ENGINEER
IN PURSUANCE OF THIS CONTRACT THROUGH DATE OF TERMINATION THEREOF.
-5-
EXECUTED IN.DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN
ORIGINAL, THIS THE DAY OF , 1970, AT CORPUS
CHRISTI, NUECES COUNTY, TEXAS.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER
APPROVED: i
DAY OFVnu�/as� , 1970
CI TTORNEY
MUNROE & BASS
ATTEST:
BY
SECRETARY
THE STATE OF TEXAS j
COUNTY OF NUECES i
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS
CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE
CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
, 1970•
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES I
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED , OF
MUNROE & BASS, CONSULTING ENGINEERS, KNOWN TO ME TO BE THE PERSON AND
OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED
TO ME THAT THE SAME WAS THE ACT OF THE SAID MUNROE & BASS, AND THAT HE
EXECUTED THE SAME AS THE ACT OF SUCH CONSULTING ENGINEERS FOR THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
, 1970.
NOTARY PUBLIC IN AND FOR,NUECES COUNTY,
TEXAS
•
Corpus Christi, Texas
oxcray of'��19 T
TO THE $JrNBERS OF TIU; 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,
N
Tym
THE CITY OF CORPUS CHRISTI, T^RAS
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 following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. v
Eduardo E. de Ases
Ken McDaniel
W. J. ''Wrangler" Roberts
Ronnie Sizemore