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HomeMy WebLinkAbout11374 ORD - 03/21/1973i� JRR:vp:3- 20- 73:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LOCKWOOD, ANDREWS & NEWNAM, INC'. FOR ENGIN- EERING SERVICES REQUIRED FOR THE DESIGN OF THE LAGUNA SHORES LIFT STATION AND FORCE MAIN, PROJECT NO. 250 -72 -4, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; APPRO- PRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $12,750 FOR SAID SERVICES; AND DECLARING AN EMER- GENCY. 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 to execute a contract with Lockwood, Andrews & Newnam, Inc. for engineering services required for the design of the Laguna Shores Lift Station and Force Main, Project No. 250 -72 -4, all as more fully set forth in the contract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. There is hereby.appropriated out of the No. 250 Sani- tary Sewer Bond Fund $12,750 for engineering 'se vices aforementioned. SECTION 3. The necessity to enter into:the aforesaid contract and to appropriate the necessary funds in order that the project may be commenced 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 introduction but 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, and having requested the suspension of the Charter rule and 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 March, 1973• ATTEST: City Secret MAYOR THE CITY OF CO U CHRISTI, TEXAS APPR '7 DAY F MARCH, 1973: Al a.. w 11374 -:�, 0 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and Lockwood, Andrews and Newnam, 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 design plans and specifications on the following improvements to the sewer collection system in Flour Bluff area of the City of Corpus Christi and described: A. The construction of lift station near the Laguna Shores Treatment Plant site and a force main from the lift station along Laguna Shores Road to the Wastewater Treatment Plant near Jester and Laguna Madre Streets and related work in- Laguna Madre eluding the tying in of the force rsain to the Plant and the bypassing of the iag,,na Shores Plant. 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 Professional Engineers, and Consulting Engineers Council of Texas, 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) Environmental statements if required for the submission of applications for Federal funds on the project �X M 11317' "A" =i (6) 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. (7) Prepare all preliminary documents for making application to Federal agencies for funds on the project and prepare all forms required on behalf of the City B. In the Design Phase (for work as authorized by City): (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 eocuments 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 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 advise during construction ($) 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 (6) Final inspection (7) Revision of the construction drawings to show the project as built. g. 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 construction contract as may be authorized by the City. This percentage shall be 8.5 %. Although the fee is based on 8.5% 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. The City has $150,000 available for the project including fees, contingencies and construction cost. 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 for fees as a 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 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 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 payment for services rendered under the pre- liminary 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 construe- tion contracts shall be due and payable based 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 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 stages or phase as have been authoized. 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 estimate submitted with the design phase and approved by the City, 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 tle City, 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 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. Assign Y- The engineer shall not assign, transfer or delegate any of his duties in this contract to any other person without the prior obligations or 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 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 or this day of 1973• THE CITY OF CORPUS CHRISTI ATTEST: By R. Marvin Townsend, City Manager City Secretary ,D IACKWOOD ANDREWS AND NEWk M, INC. APPROVED 0--,' _-,7/� of 1973 BY y Attorney Director of Finance CORPUS CHRISTI, TEXAS DAY OF /L&,,Z- f 19., iA 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. RESPECT LILLY, - THE CITY 10F el US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED 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 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. _ 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK