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HomeMy WebLinkAbout11384 ORD - 03/21/1973JRR/Mc 3/19/73 1sT • A14 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK ENGINEERIINIS COMPANY FOR ENGINEERING SERVICES FOR THE DESIGN OF IMPROVEMENTS TO hiCARDLE ROAD FROM AIRLINE ROAD TO MOUNT VERNON PARK, PROJECT NO. 220 -72 -3, A COPY OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $26,000 OF WHICH $24,500 IS FOR ENGINEER'S FEES AND $1,500 FOR INCIDENTAL EXPENSES; AND DECLARING AN EMIERGENCY. 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 MAVERICK ENGINEERING COMPANY FOR ENGINEERING SERVICES FOR THE DESIGN OF IMPROVEMENTS TO MCARDLE ROAD FROM AIRLINE ROAD TO MOUNT VERNON PARK, PROJECT No. 220 -72 -3, A COPY OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATCO OUT OF THE N0. 220 STREET �BOND FUND THE SUM OF $26,000 OF WHICH $211,500 IS FOR ENGINEER'S FEES AND $1,500 FOR INCIDENTAL EXPENSES. SECTIUN 3. THE NECESSITY TO AUTHORIZE THE CITY 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 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 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 THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE CF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFEC ND AFTER ITS PASSAGE, IT.IS ACCORDINGLY SO ORDAINED THIS THE D OF MARCH, 1 ATTES %0 z( O CITY SECRET AR � MAYOR THE CITY OF CORPU`' 11 ISTI, TEXAS APPROVED: ` DA OF MARCH, 1973: (- TY tT IRNLY 11384 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and Maverick Engineering Company, 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 street system of the City of Corpus Christi A. The services shall include the preparation of plans and speci- fications and provide general supervision for the construction of improvement:: to McArdle Road from Airline Road to Mt. Vernon Park in Corpus Christi, Texas, such improvements to consist of street paving,airbs, gutters, sidewalks and appurtenances within the limits above defined. 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 representatives regarding the proposed project. (2) Studies and preliminary design report for the proposed project involving the submission of five copies of the report- to the City. 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. Vim, ,;� (5) Establishing the'scope of any soil borings or subsurface explorations and tests which may be required by local, state, and federal authorities and required for design; arranging for such work to be done directly for City's account, and engineering interpretation of the results. (6) Prepare statement on the social and economic effects of the project to the area. (7) The City will furnish engineer with preliminary inform- ation, 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) Field surveys for detailed plans. (2) 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; (3) Preparation of detailed contract plans and specifications 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 detailed cost estimate, notice to bidders, and bidders' proposal forms for authorized construction; (5) Assistance to City in securing bids. (6) Analysis of bids and recommendations concerning awards. (7) Prepare final contract documents required for the execution of contract after award is made. (8) Prepare property ownership map to be involved in plans and specifications with all dimensions to be used in preparing assessment roll for the required assessment hearing. Assist the City as required during the preparation of assessment roll and hearing. C. In the Construction Phase: (1) Engineering administration as distinguished from resident field inspection of construction contract, including periodic visits of engineer or competent representative of engineer; (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 the firm. (5) Preparation of monthly and final estimates for payments to the contractors. (6) Final inspection. (7) Revision of contract drawings, with assistance of resident engineer, to show work as actually constructed which does not require field work or measurements for this purpose or redrawing of sheets, without additional compensation; (8) Perform all other services required in connection with the construction of the project exclusive of resident inspection and laboratory testing not included in the items listed above but necessary for the actual implementation of this phase. 3. Fee. The basic fee for performing the engireering services listed 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 9.8 %. Although the fee is based on 9.8% of the construction costs, this figure will be adjusted upwards of downwards on Curve A of the Manual of Engineering Practice depending on actual construction cost of the project. The fee is based on a total budget for the project of $250,000. 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 of an 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 work authorized by the City) For services rendered under the preliminary phase as described above 20% of the basic fee. Approval of the preliminary engineering plahs will be required 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 65% of the basic fee for work authorized by the City shall be due and payable. In the event that proposals for constructions on the work are received 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 the 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. 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 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 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 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 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 the City, the fees of the engineer shall be computed in accordance with the provisions 0 C7 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 compen- sate the Engineer for any services not performed in a proper.profes- sional 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 draft- ing 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 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 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 ATTEST City Secretary APPROVED a ldl ; ? Day of,�� , 1973 Ci N Att p'rn�6�' y , Director of Finance 1973• THE CITY OF CORPUS CHRISTI BY R. Marvin Townsend, City Manager MAVERICK ENGINEERING COMPANY BY CORPUS CHRISTI, TEXAS DAY or �%%1. -G�. 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. ' RESPECT LLY, - MAYOR THE CITY OF COR S RISTI,. TEXAS THE CHARTER RULE WAS SUSPENDED 8Y Ti1E.FgLLOWING VOTE: RONNIE SIZEMORE _.CHARLES A. BONNIWELL/ / / / / / /�' ROBERTO BQSQUEZ) M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES - - GABE LOZANO, SR. (f- lyyeyw . .. - J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:' RONNIE SIZEMORE CHARLES A. BONNIWELL ✓/. QI��i ky ^ _ R08ERT0 BOSQUEZ, M.D. ( 'REV. HAROLD T. BRANCH ' THOMAS V. GONZALES GABE LOZANO, SR. J: HOWARD STARK