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HomeMy WebLinkAbout11373 ORD - 03/21/1973JI: " %Fac ir119/f3 1ST AN ORDiNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NAISMITH ENGIPIEER$, INC., FOR ENGINEERING SERVICES FOR EiOULEVARDIITOFVIICINITY�OF HEROOSAYDRIVE, AND FROM EA PARKWAY FROtd FLYNN PARKWAY TO EVERHART ROAD, PROJECT NO. 295-72-9y A COPY OF WHICH CONTRACT 15 ATTACHED HERETO, MARKED EXHIBIT "A" AND MAlE A PART HEREOF; 635,750 FOR SAID SERVICES; THE NO. 295 STORM SEI :JER 60iJD FUND ti , 4 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 INC., FOR ENGINEERING SERVICES 70 EXECUTE A CONTRACT WITH NAISMITH ENGINEERS, FOR THE DESIGN OF . IMPROVEMENTS TO,FLYNN PARKWAY FROM SARATOGA BOULEVARD TO THE VICINITY OF HERMOSA DRIVE, AND SHEA PARKWAY FROM FLYNN PARKWAY TO EVERHART HERETO, ROAD, PROJECT NO. 295 -72 -9, A COPY OF. WHICH CONTRACT IS ATTACHED MARKED EXHiBIT "A" AND MADE A PART HEREOF. STORM SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF THE N0. 295 $EWER BOND FUND THE SUM OF µ'35,75B FOR SAID SERVICES. SE TION 3. THE CITY MANAGER 70 EXECUTE NECESSITY TO AUTHORIZE THE NGINEERS, INC- FOR ENGINEERING SERVICES AND TO A CONTRACT WITH NAISMITH E IMMEDIATELY APPROPRIATE THE HEREINABOVE DESCRIBED FUNDS CREATES A PUBLIC IMMEDIATELY SUSPENSION OF THE EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING 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 MAYOR HAVING DECLARED AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE GATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND ._//- DAY OF AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /(GS! MARCH, 7973• ATl'ESTa O /,C �PfAY02 -- _ CITY TICKET Rr / THE CITY OF C P S CHRISTI, TEXAS APPROVED: v �y DAY (IF MARCH, 1913 CG /ly/y �i T RNE 1' M i.yLl.9 3 0 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF NUECES • A The City of Corpus Christi, hereinafter called "City ", and Naismit Engineers, Inc., 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 de- sign plans and specifications on the following improvements to the Drainage System of the City of Corpus Christi: A. "The Services shall include the preparation of plans and specifications for improvements to the Flynn Parkway from Saratoga Blvd. to near Hermosa Street and Shea Parkway from Flynn Parkway to Everhart Rd. The Scope includes, but is not limited to, plans and specifications for partial concrete lining, structures, grading, shaping, etc. of the drainage system." 2. Scope of Services. Engineer's services for Items 2 -A, 2 -B and 2 -C will be those services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1972 by the Texas Society of and Consulting Engineers Council of Texas, and Will in- Professional Engineers , elude the following scope of basic services: A. In the Preliminary Phase: (the Scope of basic Services includes) (1) Conferences with the proper City representative regarding the proposed project (2) Studies and preliminary reports directly related to and part of the work being considered. Con- sultations, with City regarding location Scope of work, location of utilities, etc. The City will furnish for the use of the Engineer preliminary in- formation, copies of plans of such existing facili- ties as are necessary and available, and other avail- able information pertinent to the planning and design. • (3) preliminary cost estimates of proposed construction in phases, if necessary. (4) Preparation of all preliminary engineering documents for making application to Federal agencies if such application for funds is warranted and justified on the project and prepare all such forms required on behalf of the City. B. In the Design Phase for work as authorized by City: the basic Services include (1) Field surveys for detailed plans. (2) Furnishing engineering data.necessary for permits required by local, state and federal authorities and assist City with coordination of project with Federal agencies. (3) 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.) (4) Preparation of estimates of quantities and costs. (5) Assistance to City in securing bids. (6) Analysis of bids and recommendations concerning awards. (7) Assistance in award of contracts. (8) All other work necessary for the full performance of the engineering design of the project but not limited to items listed above. C. In the Construction Phase: (the Scope of basic Services shall Include (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 construe- tion (4) Preparation of estimates of quantities and costs. (5) Assistance to City in securing bids. (6) Analysis of bids and recommendations concerning awards. (7) Assistance in award of contracts. (8) A11 other work necessary for the full performance of the engineering design of the project but not limited to items listed above. C. In the Construction Phase: (the Scope of basic Services shaL'L Include (1) Checking of shop and working drawing when required and and furnished by contractor. (2) Supervision and review of laboratory tests. (3) Consultation with the City and advice during construction. (4) General supervision of the work and interpretation of the plans and specifications by periodic visits to the site by a principal of -:;he firm. (5) Preparation of monthly and final estimated for payments to the contractors. (6) Final inspection. (7) Revision of the construction drawings to show the project as built. (8) All other work required in connection with the construe- tion phase for the full and complete implementation of this phase exclusive of resident inspection and labor- atory testing. 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 construc- tion contract as may be authorized by the City. This percentage shall be 6.5%- Although the fee is based on 6.5% of the construction costs, this figure will be adjusted upwards or downwards on Curve B of the Manual for Engineering Practice depending on actual construction cost of the project. such adjustment shall be the actual percentage on Curve B less 0.5% for work previously performed by City. •. The 6 -% fee is based on a construction budget for the project of $550,000. The engineer shall endeavor to design the project within the approved budget and if, at the time of receiving bids, the bids are above the approved budget the City shall have the right to require the engineer to revise the plans in order to reduce the cost, at no additional fee. The City will not pay the engineer any additional fee as the result of change orders resulting from negligence of the engineer. 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 Preliminaty Phase: For services rendered under the preliminary phase as described above in amount equal to 20% of the basic fee. Approval of the preliminary engineering plans will be required before pay- ment. 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 au -, thorized by the City shaLi. be due and payable. In the event that proposals for construction on the work are received after submission of complete contract plans and specifica- tions to the City, the fee for 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 120 days from the date of approval, then the engineer's estimates shall be the basis for final Pay- ment for services rendered under the preliminary and design phases, less credit for preliminary phase. C. Construction Phase: For services rendered under the construction phase, as de- scribed above, an amount equal to 15% of the basic fee for those portions of the work covered by construction contracts shall be due and payable based pro rata on monthly estimates of work performed by the contractor. 4. Termination of Contract. The City may at any time, with or without cause, terminate this contract. In the event of such termination, the engineer shall be compensated for his services on all stages authorized as follows: A. If termination occurs prior to the final completion and ap- proval 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 sched- ule of fees and in proportion to the amount of work done on such stages or phases 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 60% of the basic fee based on engineer's construction es- timate submitted with the design phase and approved by the City, plus the fee paid for the preliminary Phase, less the't credit as aforedescribed. 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 pro- visions 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 construc- tion of the project contemplated by the parties to this agree- ment. 5, ownership of Documents. Upon completion of the project (or upon termination of this con- tract 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 Ak- •. 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 bene- fit 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 assistants and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Executed in duplicate, each of which shall be considered an original, this day of , 1973• ATTEST: THE CITY OP CORPUS CHRISTI BY City Secretary R. Mervin Townsend, City Manager APPROVED: NAIMUTH ENGINEERS, INC. 1 day of , 1973 By Director of Finance CORPUS CHRISTI, TEXAS 2L/_ DAY OF 19 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. _ a LLY, MAYOR THE CITY F CO CHRISTI,, TEXAS THE CHARTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE: • _ _ BONNIE SIZEMORE .- CHARLES A. BONNIWELL • - ROBER TO BOSQUEZ, M.D. `�OF =•-. REV. HAROLD T. BRANCH • THOMAS V. GONZALES ' • GABE LO 2A NO, SR, . • J. HOWARD STARK --� • THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: • RONNIE SIZEMORE , CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. • -REV. HAROLD T. BRANCH THOMAS V. GONZALES • GABE LOZANO, SR. .• _ J. HOWARD STARK •