HomeMy WebLinkAbout11376 ORD - 03/21/1973Y_ - -
Jf;R/nlc 319/73 1ST
'+ .• AN ORDINANCE
R ` A
R AUTHORIZING,THE,CITY EXECUTE A CONTRACT
r` w 1ilITHV0GLETREE & GUNN ENGINEERING FOR ENGINEERING
+'SERVICES ,,FOR THE DESIGN OF•IIMPROVEMENTS TO THE VAN '
s , t +GALEN "DITCH DRAINAGE SYSTEM„ PROJECT NO.' 295-72 -7,
AS MORE,FULLY ',SET FORTH IN THE CONTRACT, A COPY Of
WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND
MADE,A'PART HEREOF; APPROPRIATING OUT OF THE .NO. 295
STORM SEWER BOND FUND $12,750 OF WHICH *11,250 IS.
FOR ENGINEER'S STANDARD FEE AND $1,500 IS FOR FEET. .'
TO PREPARE AN ENVIRONMENTAL- IMPACT "STATEt•1ENT; AND
I. DECLARING AN EMERGENCY.
BE IT ORDAINED BY-THE CITY COUNCIL OF THE CITY.OF'CORPUS CHRISTI,
TEXAS: +
SECTION 1. THAT THE gCITY M11ANAGERrBE, AND HE IS HEREBY, AUTHORIZED
FTO EXECUTE A CONTRACT WITH;,OGLETREE & GUNN ENGINEERING FOR ENGINEERING /.
- ' SERVICES FOR THE DESIGN OF IMPROVEMENTS TO THE VAN GALEN DITCH DRAINAGE
4 + SYSTEM,' PROJECT No. 295 -72 -7, AS MORE. FULLY.'SET FORTH IN THE' CONTRACT, A ,
s COPY OF WHICH IS.-ATTACHED HERETO, MARKED EXHIBIT °A" AND MADE A PAP- HEREOF «'.
'A
y. '.A L
I- SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF THE NO. 295 STORM
a
• SEWER BOND FUND THZ SUM OF $12,750 OF WHICH *11,250 IS FOR ENGINEER'S
« STANDARD FEE AND $1,500 IS FOR FEE TO PREPARE AN ENVIRONMENTAL IMPACT ,
STATEMENT. ' +
SECTION 3. THE NECESSITY TO AUTHORJZE •T I1E•Ci TY MANAGER.TO,EXECUTE
THE AFORESAID CONTRACT FOR ENGINEERING SERVICES AND TO IMMEDIATELY APPROPRIATE
' THE HEREINABOVE DESCRIBED FUNDS CREATES A PUBLIC EMERGENCY AND IMPERATIVE,
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF --THE CHI ARTER RULE THAT NO ORDINANCE
OR RESOLUTION SHALL BE ° PASSED F INALLY ON THE DATE OF ITS INTRODUCTION AIfD
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 HAV 11 -G REQUESTED THE «SUSPENS'ION OF THE CHARTER RULE '•
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 TH DAY- OF MARCH, 1973•
ATTES 0
K cI_y sEOR TA l4A OR -
THE C ITY OF• C ' U CHRISTI, TEXAS
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APPROVED:
G IDA F MARC(i� 1973 _ r
C v�RNw 11376
C O N T R A C T
FOR 1111GINE�X'13W SERVICES
THE STATE Or Ti)CAS
"COUNTY OF NUECES
The City of Corpus Christi, hereinafter called "City ", and Ogletree &
Gunn, 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 for the following improvements to the drainage
system of the City of Corpus Christi, Texas:
A. Preparation of a preliminary study of methods for improvements
to the Van Galen Drainage System located in Flour Bluff along
Tropic Park and from Laguna Madre to Waldron Road. The
methods to be studied shall include, but are not limited to
concrete lining, structures, grading, shaping, erosion con-
trol and related work and the preparation of plans and speci-
fications for construction of improvements as developed in
the preliminary stady.
r
B. Preparation and statement relating to the environmental ef-
fects of the proposed project within the area414;L l•'' /- 7�
2. SCOPE OF SERVICES. Engineer's services for Items 2 -A, 2 -B, 2 -C,
and 2 -D vill be those services which are in accordance with the M-hual of Practice,
General Engineering Services, as published in 1972 by the Texas Society of Pro-
fessional Engineers and Consulting Engineers Council of Texas, and.will include
.the following services:
' A. in the Preliminary Phase the scope of basic services includes:
(1) Conferences with the proper City representative regarding
the proposed project.
(2) Review sources for project aid and all preliminary docu-
ments. for making applications to Federal agencies, if such
application for funds be warranted and justified, on the
the project and prepaie all foi;ns required on behalf of
the City.
(3) Pcrf orm Field ;,urvey:. as required to aun nt information
pruvlou::].y,;obi.ceined or provieled by the City.
0
Plan and arrange for any required.soils investigations,
field and laboratory tests, borings related engineering
analysis and recommendations.
(5) Studies and preliminary report, directly related to and
part of the work being considered with five (5) copies
of preliminary design report submitted to the City. Con -
sultations with City regarding scope of work and location
of utilities.
(6) Preliminary location, sizes and types of materials.
(7) Preliminary cost estimates of proposed construction.
(8) The submission by City of preliminary information, with
copies of plans of such existing facilities as are nee -
essary and available, and with other information per-
tinent to the planning and design.
B. In the Design Phase (fox work as authorized by City, the
basic services include:
(1) Furnishing engineering data necessary for ;?ermits required;
by local, state and Federal authorities and assist City
with coordination of project with Federal agencies.
(2) Provide whatever field surveys required in addition to
information available by City for completion of detailed
plans.
(3) Preparation of detailed contract plans and specifications
for construction, with five (5) sets of plans and 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, including the pre -
paration of Bid Tabulation Sheets.
(6) Analysis of bids and reeoimmendations concerning awards.
(7) Assistance in award of contracts, including preparation
of contract documents.
(8) All other work necessary for the full performance of the
the engineering design of the project, but not limited to
the items listed above.
C. In the Construction Phase, the scope of basic services includes:
(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.
(4) General supervision of the work and interpretation of the
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, as well as change order.
(6) Final inspection.
(7) Iievision of the construction drawings to show the project :?
as built.
(8) All other work required in connection with the construe-
-6ion phase for the full and complete implewentation of
S
this phase, exclusive of resident inspection and labora-
tory testing.
3. FEE.
The 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 con-
tract as may be authorized by the City. This percentage shall be 7.5%.
Although the fee is based on 7.5; of the construction costs, this
figure will be adjusted upwards or downwards on Curve B of the 1hnual for
Fngineering Practice depending on actual construction cost of the project.
Such adjustments shall be the actual percentage on the Curve B less 0.5% for
work previously performed by City.
The fee for item 1 -B will be a lump sum fee of $1,500.00 if
this work is authorized by the City
The basic fee is based on a construction budget for the project
of $150,000. The en�;incer shall endeavor to design the project within the ap-
proved budj;et and Jr, at the time of receiving bids, the bids are above the
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budget the City shall have the right to require the engineer to revise the plans
in order to reduce the cost at no ^dditional fee.
The City will not pay the engineer's fees on increased cost incurred
through 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 payable
as follows (said services above listed):
A. In the Preliminary Phase:
For services rendered under the preliminary phase as described above
an amount equal to 35% of the basic fee plus required Special Sery -.
ices. Approval of the preliminary engineering plans will be re-
quired before payment.
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 50% of the basic fee Special Services for work
authorized by the City shall be due and payable. In the event that
proposals for construction on the work are required after submis-
sion of complete contract plans and specifications to the City, the
fee for Lervices rendered for the preliminary and design phases of 1..
this portion of the work shall be adjusted to the "Construction
t
Cost" as reflected by the lowest bona fide bid. Miere 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 preliminary and design phases and
Special Services rendered, less credit for payment made at comple-
tion of the Preliminary Phase.
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 construction contracts shall be due payable
on monthly estimates of work performed by the contractor.
!F. TE MINATION OF CONMICT.
Zile City may at any time, with or without cause, terminate this con-
tract. In the event the enlincer shall be compensated for his service on all
stagco 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 engineer's construction estimate sub-
mitted with the design phase and approved by the City, plus the
fee paid:for the preliminary phase, less the credit as aforede-
scribed.
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
Paragraphs 3 and 4 of this contract to the date. of termination.
A. The foregoing shall not be construed to require the City to com-
pensate 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. OiM=, IU.P Or DOCUI•SENTS.
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. The furnishing of documents will be made prior to final payment
of the fee to Engineer.
6. ASSIONABILITx.
The engineer shall not assign, transfer or delegate any of his obli-
gations or duties in this contract to any other person without the prior written
consent of the City, CXCept for routine duties delegated to personnel of the
engineer's staff. If the engineer is a partnership, in the event of the ter- r
urination of the partneroh:ip, this contract shall inure to the individual bone -
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 ASSISTANCL AIM CONSULTATIONS.
The City shall not pay the fees of expert or technical assistance
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 OF CORPUS CHRISTI '
City Secretary
APPROVED:
day of
N
By
R. Marvin Townsend, City Manager
1973
OGLETREE & GUNN
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; 12 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.
RESPE FULLY,
0
MAYOR
THE CITY 0 CORP CHRISTI,. TEXAS
. THE CHI,RTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
• CHARLES A. BONNIWELL "
ROBERTo BOSQUEZ, M.D.
• - - REV. HAROLD T. BRANCH
THOMAS Y. GONZA LES
- _ GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
1
CHARLES A. BONNIWELL
• ROBERTO BOSQUEZ, M.D.
-REV. HAROLD T. BRANCH
THOMAS V. GONZALES
. GABE LOZANO, SR. - .----C ='
J. HOWARD STARK U