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HomeMy WebLinkAbout04673 ORD - 11/14/1956AP:Il /14/56 , AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A PROPOSAL AND AGREEMENT FOR ENGINEERING SERVICES WITH LOCKWOOD. ANDREWS & HEWNAM FOR ENGINEERING SERVICES IN CONNECTiDN WI H STREET PAVING. CURB AND GUTTER AND APPURTENANCES ON AGNES AND LAREDO STREETS FROM 21ST STREET TO STAPLES STREET (APPROXIMATELY) W THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; APPROPRIATING THE SUM OF 1' 10.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND TO COVER PAYP,EhIT TO SAID ENGINEERING F I Phi FOR SUCH SER- VICES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CON- TRACT WITH LOCKWOOD, ANDREWS & NEWNAM, CONSULTINGENGINEERS, FOR ENGINEERING SER- VICES IN CONNECTION WITH THE STREET PAVING, CURB AND GUTTER AND APPURTENANCES ON AGNES STREET AND LAREDO STREET FROM 21ST STREET TO STAPLES STREET (APPROXIMATELY) IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THERE IS HEREBY APPROPRIATED THE SUM OF $'153000.00 OUT OF ND. 220 STREET BOND IMPROVEMENT FUND TO COVER PAYMENT TO SAID ENGINEERING FIRM FOR SUCH SERVICES. SECTION 3. THE NECESSITY FOR ENTERING INTO THE CONTRACT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND A PUBLIC IMPERATIVE NECESSITY RE- QUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OT ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL DE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND PUBLIC NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS "f HE AY Of NOvEMBER, 1955. ATTES cilwy SE T Y /i APPROVED AS TO LEGAL F04 NOVEMBER 14, 956: CITY AtToIRNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS q�&�3 LOCKWOOD, ANDREWS& NEWNAM .... 1-N. IND. .... a PROPOSAL AND AGREEMENT FOR ENGINEERING SERVICES 1. LOCATION AND DESCRIPTION OF PROJECT The proposed project is located CA A82ss O Lsrada 8'kxs*U tram 23a:t 1Street to stwas Stsmat SD the City Q£ corpus owlstla Texas and is understood to consist of street pssistg, Curt: aed Vaiter and qW t s. 2. OWNER Where referred to herein, the OWNER is understood to be Mw City• of, Corpus Chrlstl, mss. 3. ENGINEER Lockwood, Andrews & Newnam, Where referred to herein,,the ENGINEER is understood to be the firm of Consulting Engineers, with offices In Houston, Corpus Christi and Victoria, Texas; the headquarters office being in Houston. 4. SCOPE OF ENGINEER'S SERVICES to tha ftginaar The ENGINEER shall provide the following p fessionof services necessary for the development of the project, when 'and as each phase is outhorizeAby the OWNER, and the payment for these services is covered by the basic fees except where otherwise noted: A. Preliminary Phase (1) Participation in preliminary conferences with the OWNER regarding the project; (2) Preparation of preliminary engineering studies directly related to and part of the pre- liminary design work being considered; (3) Preparation of preliminary layouts, sketches, and report, where applicable, and the ENGINEER'S specific recommendations; (4) Preparation of tentative cost estimates of the proposed construction. F— F F COPYp,OM IYY, — L.0 Wam a ANO�Wa 48. Design Phase structures, suchl as buildings, are included in theebasic fees, all others surveys areas re to aid for separately as provided hereinafter; P (2) Planning any soil borings or subsurface explorations or any special surveys and tests which may be required for design; arranging for such work to be done directly for OWNER'S account, and engineering interpretation of results of such investigations; (3 Furnishing to the Owner, where applicable, the engineering data necessary for appli- cations for permits required by local, state and federal authorities; (4) Preparation of detailed contract drawings in pencil, and specifications for construction authorized by the OWNER; (5) Preparation of detailed cost estimates and bidders' proposal forms for authorized con- struction; of ] (6) Furnishing all necessary copies of plans, specifications, notices to bidders, and bidders' Proposals; all copiesYm excess of 5 to be paid for separately by OWNER as provided hereinafter;. (7) Assistance to the OWNER in securing bids; (8) Assistance in the tabulation and analysis of bids and furnishing recommendations on the award of construction contracts; (9) Assistance in the engineering phases of the preparation of formal contract documents for the award of contracts, if desired. C. Construction Phase (1) Performing general supervision and administration of authorized construction (as dis- tinguished from continuous resident field inspection), including periodic visits of the ENGINEER or a competent representative of the ENGINEER; (2) Consultation and advice with the OWNER during construction; (3) Furnish when recommended by the ENGINEER and specifically authorized and poid for separately by the OWNER, field surveys and layout during construction and continuous resident field inspection of construction; (4) Checking of shop and working drawings furnished by contractors; (5) Review of laboratory, shop and mill tests of materials and equipment; (6) Preparation or review of monthly and final estimates for payments to contractors; fications; (7) Supervision of initial operation of the project, or of performance tests required by speci- (8) Making a final inspection of the project; (9) Revision of contract drawings, with the assistance of the resident engineer, to show the work as actually constructed, which does not require field work or measurements for this purpose or redrawing of sheets without additional compensation. S. BASIC FEES For and in consideration of the services to be rendered by the ENGINEER (exclusive of the services listed hereinafter under "Services Not Included in Basic Fees'), the OWNER shall pay, and the ENGI- NEER shall receive the basic fees, hereinafter set forth. The fees listed below under Schedules A and B are the standard minimum rates adopted by the Texas Society of Professional Engineers and published in their "A Guidebook on Engineering Fees and Salaries ". They are for General Engineering Services on projects of average complexity. Work of greater complexity, such as for complete mechanical and electrical projects or complicated industrial, civil, and structural projects, require correspondingly higher fees. PORN P BM OOPTRIONT ISM. BY LOO OOD • ANDRRNIR -2- The total fee for all three phases is in accordance with the schedule indicated below (any fee cam- puted from this schedule shall not be less than the maximum fee which would obtain if calculated under the next lowest cost bracket): , SCHEDULE OF TOTAL PERCENTAGE FEE Minimum TSPE FEES Fees for this Schedule A Schedule B Pmlect Now Alteration COST OF CONSTRUCTION Work Work Less than $ 10,000 ................ 10.00% 12.00% $ 10,001 — 25,000 ................ 8.507. 10.25% 25,001 — 50,000 ............ I ... 7.50% 9.00% 50,001 — 100,000 ................ 7.00% 8.25% 100,001 — 250,000 ... . ............ 6.507. 7.50% 250,001 — 500,000 ................ 6.00% 500,001 — 750,000 ................ 5.50% 750,001 — 1,000,000 ................ 5.25% 1,000,001 — 10,000,000 ................ 5.00% Over 10,000,000 ................ 4.50% •Fees Mt specified by TSPE. A. Preliminary Phase (Alternate (1)— Percentage Basis) The fee for the Preliminary Phase shall be a percentage fee equal to --15—% of the "Total Percentage Fee" listed above. The ENGINEER'S estimate of the cost of the work, authorized by the OWNER at one time in this phase of the project, shall be used as the "Construction Cost" in calcu- lating the fee. 441tar+;ata- (�l�.er.Rer i�iea►Ret�- Sasisi Xft An"Cag" Qeeease- i...... aim Fe iete- awradttleLly desiF" #ea4kie.prejset-,-or- Imeause `` o4avork-"fere#FOM46st n ixe{iraistasy decigacrthafee #rx:the Arel+rwirwry-Rhase- skeI44x* B. Design Phase The fee for the Design Phase shall be _ 50 */ of the "Total Percentage Fee" listed above, and shall be based on the "Construction Cost" of the work authorized by the OWNER at one time in this phase. C. Construction Phase The Fee for the Construction Phase shall be art —% of the "Total Percentage Fee" listed above, and shall be based on the "Construction Cost" of the work authorized by the OWNER at one time in this phase. 6. SERVICES NOT INCLUDED IN BASIC FEES The services covered by the basic (percentage) fees are those which are normally under the ENGI- NEER'S control, and are therefore subject to fairly accurate predetermination on a percentage-of-con- struction -cost basis. The cost and duration of such services as continuous on- the -site inspection of construction and detailed construction layout, however, are dependent on the sequence of construction and time required by the contractor due to weather, labor and other delays and will vary widely from project to project. Other items such as surveys, borings, tests, etc., may be minor items of expense on some projects and major items on other projects. Therefore, in accordance with standard practice, the cost of these excluded services were not included by the Engineering Societies in establishing the basic (percentage) fees. The fees heretofore described in the Preliminary, Design, and Construction Phases shall provide compensation to the ENGINEER for all services called for under this agreementto be performed by him, - P 964 COPYRIGHT -1664. BY LOCKWOOD a A REWB —3— or under his direction, except the services enumerated hereinafter under Items (1) through (5). For these services ENGINEER shall be compensated by the OWNER as follows: All direct expenses, includ- ing subcontracted work shall be reimbursed at actual coots; travel in ENGINEER'S vehicles at loc per mile; copies of reports, drawings and specifications, in excess of 5, at standard reproduction rates plus other direct costs; and, where applicable; personal services as enumerated below (except where specifically included in, and an increase specifically made in, the basic fee to cover same): TYPE OF SERVICES (1) Actual performance of test borings and other foundation investigations and related analyses, and detailed mill, shop and /or laboratory inspec- tion of materials or equipment. (2) Field surveys during the preliminary and de- sign phases including plotting (except field sur- veys for design of structuresAyhich are included in the percentage fee in Design Phase). s and payer (3) Continuous resident field inspection of con- struction and detailed field layout of construction (except initial establishment of control line and elevation marker for construction, which are in- cluded in the basic fee in Construction Phase). Of b (timer (4) Travel required 6y. the ENGINEERnd au- thorized by the OWNER to points other than the ENGINEER'S or OWNER'S offices and the site of the project. (5) Assistance to the OWNER as expert witness in, or in the preparation of engineering data for litigation arising from the project; investigations involving detailed consideration of operation, maintenance and overhead expenses, the prepa- ration, of rate schedules, earning and expense statements and bond retirement schedules, or feasibility studies, including formal certifications; field survegs, p4robing iintl"Mapping to locate existing utilities and facilities pertinent to the project in those cases where such maps are not available. BASIS OF COMPENSATION" Furnished directly by OWNER (or others engaged by OWNER) ar�at6Vo�fER'S- opttrnr- bq- E►y6F- I�fER• at-^ PerBlerrt� 'ortC"for'ihrtw�rrled5'Cfdsst iit�rtiOr�s ^af•,T�ets�'in"accvrddneer �vittr{ td6t4dEER' S -eaaYenr'"6asis- a(-f'Frargestor deer 13icm9ervicer." Per Diem rates for the various classifications of personnel required, in accordance with ENGI- NEER'S current "Basis of Charges for Per Diem Services:" Per Diem rates for the various classifications of personnel required, in accordance with ENGI- NEER'S current "Basis of Charges for Per Diem Services:" Per Diem rates for the various classifications of personnel required, in accordance with ENGI- NEER'S current "Basis of Charges for Per Diem Services- By special agreement. •eased — TSPE w ASCE rewmmendatbns or - adjustment between these rEC_m dotions / The der ■ V, at his f famish aw o' all 'of the fivo (5) foreving its= dban requested or rsgpir" by the E�gtnal w. POSY P EE4 CaPYEIaHT teE4� 9Y LOCKwaaa ■ ANDPM'8 -4— 7. PAYMENTS ' A. Preliminary Phase The fee for this phase shall be payable upon, submission to the OWNER of the required studies, sketches and estimates and upon his acceptance, which shall be within 30' days after submission. For larger projects, where the Pre- liminary Phase required more than 60 days for the ENGINEER to complete his work, partial payments for services shall be made monthly in proportion to that part of the services in the Preliminary Phase which has been accomplished, as evidenced by monthly statements submitted by the ENGINEER and approved by the OWNER. B. Design Phase Partial payments for services In the Design Phase shall be made monthly, based an the ENGINEER's estimate of the "Construction Cost" of the work. Payments will be made in proportion to that part of the services in the Design Phase which has been accomplished, as evidenced by monthly statements submitted by the ENGINEER and approved by the OWNER. Final payment for services authorized in the Design Phase, plus the adjusted fee for the Preliminary Phase, shall be due upon the completion of these services, based an the "Construction Cost" as defined hereinafter. C. Construction Phase The fee for the Construction Phase shall be paid in monthly installments in proportion to the construction work mm- pleted (normally on the basis of contractor's monthly estimates) plus the cost of all materials and equipment purchased or fur- nished directly by the OWNER for the project. Upon completion of all work authorized in the Construction Phase, the ENGINEER will be paid the remainder of the fee for this phase, plus the adjusted fee for the Preliminary and Design Phases, based on final "Construction Cost" as defined hereinafter. Also, payment shall be made for the Preliminary and Design Phase of all extra work added to the project during construction which was designed or specified by the ENGINEER. D. Services Not Included in Basin Fee Payments shalt be made monthly for "Services Not Included in Basic Fee" as heretofore listed, based an statements submitted by the ENGINEER and approved by the OWNER. E. Interest an Delayed Payments Any payments not made within ninety (90) days on statements rendered in accordance with the above provisions, shall be subject to a charge for interest at the rate of five (5) percent per annum, beginning ninety days from the date of receipt of the statement. S. DEFINITIONS A. Construction Cost "Construction Cost" is defined as the total cost to the OWNER for the execution of the work authorized at one time and handled in each separate phase of engineering services; excluding fees or other cost for engineering and legal services, the cost of land, rights -of -way, legal and administrative expenses; but including the direct cast to the OWNER of all construction contracts, items of construction, including labor, materials and equipment, required for the completed work (including extras) and the total value at site of project of all labor, materials and equipment purchased or furnished directly by the OWNER for the project. _ In the event that proposals for construction of any of the work authorized in the Design Phase are received within 90 days after submission of completed contract drawings and specifications to the OWNER by the ENGINEER, the fee for the cor- responding services in the Design Phase and the fee for the corresponding services in the Preliminary Phase (where on a per- centsge basis) shall be adjusted to the "construction cost" as reflected by the lowest acceptable proposal, or lowest bonafide bid, if no contract is awarded. Where no proposals or bonofide bids are received, the ENGINEER's estimates shall be the basis for final payment for these two phases. No reduction shall be made from the percentage fee on account of penalties or liquidated damages or other sums withheld from contractors payments. B. Salary Cost "Salary Cost" is defined as the cast of salaries of engineers, architects, draftsmen, stenographers, surveymen, clerks, laborers, etc., directly chargeable to the project, plus social security contributions, unemployment excise and payroll taxes, bonuses, employment compensation insurance, retirement benefits, sick leave, vacation, and holiday pay applicable thereto. 9. COOPERATION OF OWNER The OWNER, or his representatives will confer periodically with the ENGINEER to the and that the project, as de- veloped, shall have full benefit of the OWNER's experience and knowledge of existing needs and standards. To implement this coordination, the OWNER shall make available to the ENGINEER, for use in planning the project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the roject. I, I „n addi- tion, it is understood that in connection with this particular project the OWNER will furnish: �d CibsM of taw with thD Of or dRiljpe T0. REVISIONS TO DRAWINGS AND SPECIFICATIONS The ENGINEER will make, without expense to the OWNER, such revisions of the preliminary drawings as may be required tq.meet Sb� need of tPq.OW�JER, -but e�ftgr a definite plan has been approved by the OWNER, if a decision is sub- ` 5egitL+ntl� ode "whith,14o itSl roper' exec kSn, IhYolves extra services and expenses for changes In, or additions to the draw. ings, specifications or other documents, or If the ENGINEER Is put to labor or expense by delays imposed on him from muses Fort. P ... COP MORT IBM. an, WcKw000 a ANaMovs —5— 'not within his control, or by the delinquency or Insolvency of contractors, the ENGINEER shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the basic fee stipu)ated in this ogres - .ment. Services in connection with re- advertisement for construction bids shall be considered to be in this category. Compenso- tion far such extra services and expenses shall be at the per diem rates,for each class of personnel required, in accordance with ENGINEER'S current "Basis of Charges for Per Diem Services ", plus reimbursement for other direct costs, with payments to be' made monthly, based on statements submitted by the ENGINEER and approved by the OWNER. 11. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the ENGINEER as instruments of service. The OWNER may pay for separately and retain reproducible copies of drawings and copies of other documents, in consideration of which it Is mutually agreed that the OWNER will use them solely in con- nection with the project, and not for the purpose of making subsequent extensions or enlargements thereto, save with the written consent of the ENGINEER. 12. ARBITRATION OF DISPUTES Should any dispute orise hereunder between the OWNER and the ENGINEER as to any of the terms or provisions of this agreement or the obligations of the parties thereunder, the OWNER and the ENGINEER shall submit such dispute to arbitration as follows: (A) The OWNER and the ENGINEER shall each appoint a qualified arbitrator, who In turn shell mutually agree upon and select a third such arbitrator, and shall submit such dispute to such arbitrators. (B) Arbitrators shall have full power to investigate such dispute, hear witnesses, examine papers, drawings and documents, and take professional, expert opinion thereon and shall arbitrate and decide such dispute to carry out the inten- tions of the parties and do justice between them. (C) In the event arbitrators are unable to agree upon the selection of the third arbitrator, or having selected such arbitrator, a majority of the three arbitrators are unable to reach an agreement, then the arbitration shall be considered to have been exhausted. 13. RESPONSIBILITIES The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this agreement; except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest In this agreement without the written consent of the other. The ENGINEER will endeavor to protect the OWNER against defects and deficiencies In the work of contractors, but the contractors shall be solely responsible for the performance and satisfactory completion of the project, The ENGINEER shall furnish to the OWNER cost estimates as required herein, but the ENGINEER shall not be required to guarantee the accuracy of these estimates. 4. DITI L eROVISIO S at 4 v�ola his written order, this It is understood that:Aaraom edt wegr bs to plelas3de sddittmal lmraeesesllah. profe"lowl wf *ices fOr a period of two (2) yew s train the &on of sompaleaea pro- riled the cost of ocauft um or web of the s aucaal projeots exaseds �1a0,000.i�) each and plrojeeis of Lem asvxsorts as NOW be agreed qpm bly Oaser and ftgUmer nerd parorlded the sllUDritpr to grace" via each alddttAMMI Isxwsem*al paratlesst01AI M, Vices to refttrmd by the *40I MM Prior to the 001IIIIp1llwUM of pe+rvhlaseAy aNRMclrlued prcojeets. If the Agreement is estsoded as peaf►iasd Obove, the ANAmer agrees to cg- ply a final fee for Me eerllices to wo total cast or ecrostrgctioa of au 3aarelice e and Projects eo oral OT1111ad 41111rift the period 18 COUtWMNWO with 'the SeMedlLls of Re- commanded iHaivvla pee for Oeessvat MMIXI eerileg SKTI eet conjUdined In 'fie Ouldlebo* on Proposed and agreed to: ACCEPTED CITY OF .GURPUSCHRlS71, TEXAS LOCKW3013,ANDREW9 & N£WNAM (Owns r) as Nea LTINa CNa1NEERq BY By RUSSELL E. MCCLURE Title CITY LIANAGER eae Titfe�� fH'fle:e Attest.._ AY ., Date Title CITY SECRETARY Dote APPROVED AS 10 LEGAL FORM NOVEt4BER )!l, 1956: If a Corporation (Corporate SeaD I, M. SI NGERr CITY ATTDRPIEY Fa6Y P 969 COPYRIaNT IGH9, YY LOCKWOaa 6 ARap6we —6— 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 N0. FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRECTOR OF FINANCE CORPf CHRISTI, TEXAS . � I a ,1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 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, TN EREFQRE, 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, MA THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS MINOR CULLI y B. E. BIGLER ' MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS MINOR. CULL - ylr....J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO ' 403