HomeMy WebLinkAbout02711 ORD - 02/21/1950AN ORDINANCE
AUTHORIZING AND DI27,CTING TEE CITY W.-RAGER FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO
EXECUTE AN ENGINEERING CONTRACT R"ITH FREESE,
NICHOLS, AND TURNER, CONSULTANT ENGINEERS, OF
FORT WORTH AND HOUSTON, FOR ENGINEERING SERVICES
IN PLANNING AND CONSTRUCTING IT&ROVEIMNTS TO THE
SEh"di'AGE TREATI2-ITT PLANTS, SANITARY SM772 DISPOSAL
SYSTEM AND ONLY ON SUCH I=ROJECTS AS DESIGNATED BY
THE CITY, FOR CC'PTSIDMWTION AS SET FORTH IN SAID
ENGINEERING CON'T'RACT TO BE PAID OUT OF TIE, PROCEEDS
OF THE SALE OF BONDS HERETOFORE AUTHORIZED TO BE
ISSUED FOR THE CONSTRUCTION OF SUCH 1ROJECT; A COPY
OF LY'IIIOH CONTRACT IS A PART OF THIS ORDIN&ITCE; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI, TT AS:
SECTION 1. That the City alanager is hereby authorized and
directod for and on behalf of the City of Corpus Christi to execute an
engineering contract with FREESE, NICHOLS, and TURNER, Consultant Eri-
gineers, of Fort Worth and Houston, Texas, for Engineering services in
planning and constructing improvements to the sewage treatment plants,
sanitary serer disposal system and only on such projects as designated
by the City, for consideration as set forth in said engineering contract
to be paid out of the proceeds of the sale of bonds heretofore authorized
to be issued for the construction of such project; a copy of which con-
tract is attached hereto and made a part hereof;
7-'711
V&TW,Cl' AW. YAILWIUtrk 6PJ?o! M
STATE OF TUAL
caivy, oil, xmu"
114a 9MU�,-4' >� the -')/' dsq of
aW. between U-s-, MFJL'
"mmle"Pe cmpom"'Amo satim, hordn "4r
wid tfwoWh its City 'IpWar, duly xuthoriW. *,3 art,
1 -1 ;-- V ,
W N k, T ;4 2
T"t, t*O y Intel-Ag tr
to
Its sewoce rliw m "Ixmt's ami/cr sanit4ary wevm,!c, eimpposgl system, &W, ot-wT
W, 'ZIMEXAU"s tl*, C"3'ty awl the FWUXW 'ror the camidamt1ow hereirAftor
nmw(ll do mutuall) st'T*0 a* Tollawal
I
0,23&_ 01' LMi_rMW rM Uty aaerArr &s.)IM Uw Ls�t4mmr ane trx. 'l,-,:!zwcr
-.vat,
,,h(.- corxtrw�+U-m �,xI r,-,rrbsLln snjor ald� 'lonf, to semk'�(' t- -v.
1,)Iszl,a *Wlor oar&4.ary sow*,gs disposal system of t'-A, fl y. t,uch L,4voVrmnU; U-0
tWreinarter nallotl an," mf*,xTwt 1.0 os t1lic wA tho ololizatlorm (),:- zLl�
contract a,ull oxtvn,,'' tes garxl incluls 1. �tojcct av erjvm de!'Ijwtl- 't, rm;'Lual
k,;rso, .arl 'ntwmon fvmtos tai.-Ai corAr&ct Imy be Wct ",-ad to ineelwo
auch other lyroA)s3lona englmeriW samicion as Vv, Uty -Ay Wuh the EngimW
to per':*0r%
-1-
u
L4iarsctaoar Md RLteA 2L «+a�rieea r4a Lx jmw shL11 rWdW the fo3.IM111C
p1weamiaml Services nooessary to tk* da"lopmont of the Project,
A. Frepormt-ion of a prolladimary onginooring study *W report m
the Project, in V.1 M--cient fttail to JWUato clearly the problema involved,
t1la. &Itorlwte golutimm available to the City a,%' the F4Xinew's reammwidatiom
for a Soluti-4 an' owl incluft a prouninw-'r estimate at the cost Of the "roject.
3- kIr9'*w*tiw of d'otollm", conat'l-action plain, Op"Scificatiom rm "wt
enti*ateop imlt2d4, !Uld wa-mys Kyl supporTUion of mcasaury bwines we fWwtS-
tim sU por the ww000sary cons tamcti*i on the Projects as wat'vrizel
by the City.
C. A"Utonoc to the (,Jty in tto advwtisammt of the itojacL wwl rucv.,I:A
of bids for nacesawy e"tx-.t&Jon, togot7,wr with comult*tIm nElati-m to Wk, mw'!
of con atructi comumcu.
P. dal s,4)arvision oet,' a trawlon of mwtruction, iMLIKV:x�;-
F
pwiadio visits of the Inginear or '.-"a representative i'rom the Of"Ift O" Ql* Thv�Ilow
(- diatiwaismyl Prorm contimious romidwu -nold supers islon RWAlor inupsect'lon);
MoUl stwmyu for UnAction, preimration of mmthly and fiml estiMtM fOr P--Y�
u—tops, p&ywnts w1e, �k,-Am coWletion of oowtra ction, revision of drwdms tm
alwo tae i'roject as tea4ally nonmtg°a0toe.
E. 1,vrvieso of resident anginow *&Vcr impactors 04 r*quIzW *Ir
cont'--is detailed nem supervision Aar/or im-mation of the Iroject dw�
comtruction.
The sox-vices imUylol in thia catract do not awor PrOPOrty, '-Vwlvr7 w
r14�ht-of-mv #Wmaral "U11 or lAhw&toX7 ira *rtlm of mteriRls; the roe. 01° twt
ixaIr4ga or c4uir Mraarf a or foundation inv"tigatiom, or 'lit coat of sal cuIAA-n�
Elm
special assessments. rtwee eaet+ +lnsda€F services, ohm racsee*arj, *hall be ftruished
by the City, ':mot at Vv ity's choice 9 '00 ;v0vided by the Brivineor at wctiAl emt.
:4x
C22MItLM wr th In tht perf'orrAm* o" Vw prallminary at elso for
the devala;ment o^ 'ax, `t*o,jset, the r4Winw shell hold periodic conferences with
the Pity Council lu " nth sl n, to the and that_. the Project, on -, -.or W- tAx4,
srxi facilities, aW be comiat=t with current nanicipal polltrj. To 7, leat�o -nt
co -Ordi a� at ion, V',Tc. zz' all Ww�k-m air_ . I.c?: O `." € ..5 s x , for e
-Ile work" 0,11 c „.,,,.' ➢?i LiT -., ;.'�kai'', :RU;, °iii �.:G7:.C! 'RU a; 41`, 't€t>, R.:3 °ulCM7, !.`�k'..i: .i'`TY ii7:"ii n<,, ; -.' s1:i .:'r.;y'
date in its pwoergliLon rf"IlAtivo to 4* k'xistirl la Ulitief' sn:! o slIc„ i'ro} tr%
`lti
1`esia a?airea€ rct t-etailad de*igm shah in all respect*, refl wt ts;o
az>plication o':° a;a €cam' 6 k: nc3rirk; ;'rsnex ^3ee, shm,11 t,oiT"rarm to oll parrti at
st"ards op t o C:itT” ,may^ shall relflect t g r 3.: ` 2,viyee of €r000k.• cots otovd.
wS:F.h thoee rEsq r z :r s€ m Emti€rat4a etri era_: arL: *1-c�;;±arc., 1'Or aaa 'With , 4r ll €r Il
Sl a13. LY$:'Iwie '4utat -"ref t 1- .4to rkr..7 gm4i tit."ev Ow ed tJ?oft thW 5` 'Mit
of oz+ir'l `ng. r e sa' rt. ._.:t yr P31 ro". " rf a;14 7:
to au t .''o :.tie "s?~ Au1rUtics°'ua.T•_ cralif"az 0' '?{Q'a*' uYr
e r» ,rj for t N €`a, i°,:'' ;x'':rBC3u, _.;38R l? x.� +.^.tr'%"t, #9 'x I'M, ±j-4 "..: of .. "..
,
NrPi3.wlc. 'i °.V ,� ,,, - '* ..' at Oc uls�l
soject, ° ° >io ? r 3.r"v ' L' c aror to 'protect tr ;, i :„r & "uirwt + orvets xrm: LW '1.
ciancias in tlna work o:' ro€atacactoez bpA kw rkorA no" mrant t"� ;wrtormmace o'
Vitir c a+<t « z^ w:i ^ecS durbiG the 4emijn sari udminixtraLim of the Projv:,cl.,
t1m LMim -^ wrl�.l _" •n10h to t1w pity, astirwtes of tho cast of the work, but i,r
dam not gmsran t; aernracv of such estima,". All desigrm shall m*et the re..
Buiresmento o" t ` eo 'm+paurta nt of a�salth aw',, as requUw.1, ax. voLl Of saw
a6ency shall be, by the itr. irmor.
t
Period at 8aew woe. The ftglmor sdaoll ompl awe the Prate T and
report as ouUlmd is mbpwagraph II-A above, wi n s (0) salandar fte
from the date of witteaa noties by the City{ to the *inemr to ,proceed welds WA
soxtract- Upon approval of the proles skedy ad report and upon wriiatea m
by the City to the MWIMW# the moor shell proceed with the mme-
oe mW pLms, spaaeifiea¢laieme and oaeahmot doowweadts to - impl aeon t the oo=Armgklcma
so wWwriaad, and shall deliver completed pLawo, apeoifin aations and o,nbm t
doommots for tb- mead oonstmotion of the Project witbft /L-Mundar dogs
after reeelpt of amak VAbarisaticn..
This ea rWaet shall raaaais in fsrao for that pula i which MW raasomsb3r be
required for the desip, award of contracts acct coustraamtion of the Proje#t, meal,
for the purpose of extension to include other aaginoerivg earviess required by the
CIIV* shall rennin in fares .for a period of two years from the date of its Olson -
tfon,
TI
The ft* etgrees to peps the amgimw in ias'talbNots as hereinafter pre•
vOW6 a basis fee of five percent (5%) at the final omwtnibtion cost of the We-
ject, which fee shall be full oom-vneatiou for all services outlined is subpar,
graphs 1I-A throaag% II-D abWfaq The coot = wbioh tbo basic foe is based shall be
taken; ttp be the was estimate of the cost of the Project Herbs sm h time as
e strestaiom contracts berm besot awarded by tha City, after which amid cost of the
Project shall be taken to be the Pima), com braotion cost, plus the vest of may
zAbW AIX mad sesviam furnished by the City in the direct constrastlon of the nmm
jest. in #Awminisaa the fiasal oossst -edam *set of the eject on whisk the basic
fee is ocup Eteci, there shall not be inelap%4 the sorts of lased, rightMot•mWm ad•
miaitatrutivre ease, lagaal expense or engiesmIM foeco )Ja addition to the basic
fee, the City shall pay the Engiasar the actual cost of such residaat eagifter and/or
Inspectors as acq be requested in writing by the City and as defined in subparagraph
11-2 above$ which oast shall include the actual paWroll Bost, plus tax" and iasur-
81100 th*rcon, and loom transportstioa as necessary for such sagisesr an$/sar in-
spsetorsO
vn
payments by the City to the 8oginear on asocaut of the fare W011
be' saadis as fcllcss r
i, For the preparation of preliminary studies$ reports and actuates,
as dncribed in subparagraph 11-A above$ a mum egMI' to ton percent (" %) of the
basis fee, pavyable upon presentation to and apps'oval by the CityO
89 For the preparation of detailed please specifications and oostraot
darts for the project, as described in subparagraph 133 above, a sea equal to
fU*4 -five POr'aent (55%) of the basic fee. This sum shall be paid is monthly ism
eta lments during the preparation of the plans and specifications, in proportion
to the amount of plan preparation accomplished, as evidenced by estimates submitted
to the City by the Engineer, and approved by the City.
C. For the advertisement and award of contracts, and general supervision
and administration of construction contracts, as described in subparagraph* II-C and
II -D above, psymeats shall be made monthly, on the remainder of the basic fee, in
ProportJ,*U to the completed construction work, on the basis of contractersr monthly
est:isstco, MkIl the aggregate of all pgyaents made on accomb of the basic feu
arising frog this agreement shall be a sus squat to the doe arising from this agree-
ment, omspmted on the total construction cost of the Project, as hereinbefore do-
fin"O
D* psyseast for the actual cost of resident field superrisice aaaVer in,
sPeortion, as described in subparagraph II3 above, shalt be made by the City to the
Ugin"r monthly, upon presentation of mamrtbly stateamb, of etpenditua es incurred.
Vpes oompLti+os of the Project, those statements shalt be subject to audit by the City.
5—
No reduction shall be made from the basic fee on account Of penalty, liqui-
dated damages or other sums withheld from contractor apymeats. It is mutually
agreed that payments on the Engineer's basic fee as above defined shall be made
on each separate construction contract, indipsndeat of other construction contracts.
8. The sum due the Engineer for the engineering services performed on
the Project, as such term is hersinabove defined, shall be payable out of proceeds
of sals.of the $860,000of bonds recently issued and sold by the City for the oomr
struction of additions, improvements and extensions to the Cityts sanitary sewer
system, and the City represents that its City Council has appropriated or will ap-
propriate funds sufficient to pay the sums due the Engineer under this agreementl and
the City further represents that the Director of Finance has certified to the City
Council that the money required to pay the sums due the Engineer under this agreement
on the Project as above defined is in the Treasury to the credit of the Fund from
which it is to be drawn and not appropriated for any other purpose.
VIII
Revision of Plans and Specifications. Should the City require substantial
revision of plane and/or specifications, after the same have been duly approved and
accepted by the City, then the City shall pay to the Engineer just and equitable
compensation therefor, which compensation shall be agreed upon by the City and the
Engineer's prior to the performance of any of the work of substantial revision.
I8
Osnership of Documents. All documents including original drawings, estimates,
specifications, field notes and data are to be delivered to the City and become the
property of the City upon completion of the Project. It is mutually agreed, however,
that in consideration for the ownership of the above plans and documents, the City
agrees to use then solely in connection with the Project as herein defined, end not
for the purpose of making further extensions or enlargements to the Cityfs swags
disposal system, save with the express consent of the Engineer. The Engineer may
retain reproducible copies of all documents and plans.
..&.
!&bLi �toy of PUMgtoe ShwU wW dispute arine harawx5or bwtvwm t1w City
and the 14viwer as to wv of the term or provisions of this contract w the obli-
s,MtiQM Of VW ps1tift towmder, the City and the Engineer shall submit stimh
dispute to arbitration as follows
-A. '.,'he City we the Engineer shall each "int an arbitrator anyl-
shall submit such f- LUoute to such ar')ttrators.
B. Ilzbitrators shall have f1j11 per to investigate such dizvrats,
)war witwason, 03=-Qwax , dra--14-,z wyl tske profeza!A%I'
OxYwrt opinion w�ruon ae c? shall arbitritte M! decide '119pube to -Qt
the intentions Of ti W Fwrtieg ayr'. do 3tiztice bot~n those.
C. in the event arbitrators: are unsolo to ar^e IrDon their
t-hW Shall MtUallY W;Pea uron a tllird arbltratw. In event arhitrators arc urveale
to ACTee UP" thn selection of the third arbitrstw, or bay-1xig selected such arbi-
trator, the three arbitrators are unable to reav!, an agreement, then the ar),Atreuim
shall be conaidereO t,) have boon mchauateil.
X1
J,eratn ix, of co-aLrmet. ",%o City wV ter-onato tur, contract at 1'.1,rict tY,711
a Tlotir€ in witiry to TrciTwer. U"'n ^OCOLvt '1'f each
notice, '.hw
unle'se Vic, nn K =, -> r4 nor tt4aarsrieey JLj.jp
,r1jetr-,j^r :116"C-crt:'=" ZOU "inn-Icec wl" A--A
the 'placixa„ 07 AI Order; or %he r"ntw'.4k; Into contrarL;' far ksl-'W"Wwe'
fucil-i-11PS, %3aterirls in cmuicctlon wit4i the of 14,111.8 curftw&ct W-KI
,shall �A'Ocw to Cancel nrmp tly IL11 MJ—wtij�v- orders Ard contract,& imor.or as M1411.
ordbars or cmtrwts " �hsrgeabl# ta this contract. As soon as prrcticoble wftw
McOiPt of notice of teraU-iation, the 'agimer shall submit a statemnt, showi'x,
in detall the avw.int of vrork rerformed wrier t4his contract to the date of ter-AnatLyn.
Th@ city &hall t ;day the r-'r(giraer -,vvM)t1y that proportion of the preawibw-4 fee
which the work acta&111 performe Under this contrwt bears to the total vwk called
for under this contract, lose such paywnts an ac(vtwt of the fee " have been
-7-
previousl;7 made. A,_11 Crxpjktod - nartisUy cowleted dasl;;,Wo nla= aw,
f.-Jeationg "rare-.,' turipr tb%� ctantract gball be dclivnrad tO t';E t=itY Ozv,', '300om
the prowrty oil the t M::r when Am! t.hia contract is jermIngted, Ixt gub4ect t,--
the restrictiom as to weir ase as set, "'Ort'L, !X- -)&rA:."rgtj-h 'Vill above.
2jec"more _arid Agm t;. The City &M the Engineer each Amix -tt*Lc,,)-r rtrO,
Its nairtners, "11c m4sors, smecutors, %dTdni#tratm-j ml assi!W to the W-V� r PurtY
of thin agroamnt we to the partrArs, sucaessors, mecutors, 94ministratWO AM
assigm of arch ot'rww -party, in rearect to all covenants or titian atTeom,)It,
as aavv6, neittmw ho I-11ty nor the Engineer shall, waign, sublet or transfer ite
interest in t,,,Iir k mew-rit wittloat t1m, emitters rmwont of the Othvr-
IN TEL.S CT, 14AUNT th hail
jnjjtx�jwnt 'me be execut*0 on be f Of V
above namp.d 1-m-t
xecutfid
"'.s a3 gLim, or hem all, r o
on behalf of -xf i.Ls City Ma;,nr an' wtt�,ztei 'Y
cj.tj ±' ;ecrotxwjr under
k:�
its City Seat In ft�Ai(�,BtF, originals, 100UA 01" OTIA ZN6
above M-W en.
ATM1Ts
City
APPRUVR A,,; TO LWAL FMI
Eiry A ormy A X D
lacalozz AI MRIERs a P-,t-rshi,.v
F. P: Twnar
THE,, STATY� Or TMA-
COO"T or mzm
&"I= W—, the w0airvigned authority, on thin day pervorally arpearvod
1. COTAMIR, City lum,"er ot* VOW city of CORM-5 (IFUM, ULM:, a wanJzipal
corporation, lavm to rip to be lw�c 'xrzon vtwse nmw is sWUverlbod to the 1'09*-
going inatrawat ml a0jUXwjWgwd to m t.1lat the aKaoutwi the amaze as the wt and
dead of as" City Ar Ww pw-ppme and. consideration therein mprossed vW Am the
capacity tlWre:Lq stiAtod.
i Jr aft, or )Vj'jC
is Wlw" of
1950.
'try TUIT", In We
DMI SlIATT" 01m, TTI�Jll'�
CrYONTY OF HAVI'll i
J'Y,XW, W, the undervigned authority, m this etas persomlly off- eared
U. P. 'ViRM4, a t r ol` t)w, rim e)f' MlCiM4; ANY known to m
to be the -,ermon Whme nam Is subscribod to the foree,'oin.1 imtruxOnt trxi
"hc w-mw a;i >ie 0+ut and doW Of aad(l, 'l,,'!'rtnm
ship -or A2%o -�nzrl)ona iw,' ctc itiera s therein vxve%sed axy° in ties cafaLity tn=02n
stated.
GUMS UWf,' IE VM Aw� W1, 07 Din If, , this the C'l W of
A.D., 1950.
lo—tary =77 an ami !or '7a4ris Cak.-ty, 7--*AZ-
-9-
SECTION 2. That the necessity for providing said improve-
ments and /or additions to °ahe sower treatment plants and /or sanitary sewer
disposal system of the City of Corpus Christi, Texas, as soon as possible,
being of public importance creates a public emergency and imperative pub-
lic necessity requiring the suspension 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
several meetings of the City Council, and the Mayor having declared that
such public emergency and imperative public necessity exist, and having
requested that such Charter rule be suspended and that this ordinance be
passed finally on the date it is introduced, and take effect and be in
full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDA11 ED.
PA SED AND AY ROVED, This the,,�day bf FMUkRY, A.D. 1950.
TTr The City of Corpus Christi, Texas
City Secretary
APPFAM AS TO LEGAL FORM;
Ci Attorney
Corpus Christi, Texas
S'K'r( _'190
TO THE LBrEdBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going ordinance, a public emergency and imperative necessity exist for
the suspension 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, hereby request that you suspend said Charter
rule or requirement and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
mac%
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest�°��
Barney Cott
42
Sydney E. Herndon
George L. Lowman
t�
)The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
4'�
Sydney E. Herndon
George L. Lowman
�?_ry
1949
I certify to the City Council that the money required
for the contract, agreement, obligation, or expenditure contemplated
in the above and foregoing Ordinance is in the Treasury of the City
of Corpus Christi to the credit of Fund No, a. 9'1
Qey „t„J from which it is proposed to be drawn,
and such money is not appropriated for any other purpose,