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Home My WebLink About05406 ORD - 06/24/1959JKH:6 -24 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN ENGINEERING CONTRACT WITH REAGAN & MCCAUGHAN FOR PROFESSIONAL ENGINEERING SERVICES ON THE PROJECT OF THE PLANNING ND SUPER ISION OF CONSTRUCTION OF A PORTION OF THE WESTSIDE SANITARY SEWER SYSTEM, GENERALLY REFERRED TO AS UNIT IV, THE FEE FOR SUCH SERVIC S 0 BE PAID OUT OF N0. 0 SANITARY SEWER BOND FUND, WHICH IS HEREBY APPROPRIATED, ALL IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI IS CONTEMPLATING THE CONSTRUCTION OF UNIT IV OF THE WESTSIDE SANITARY SEWER SYSTEM TO SERVE A PORTION OF THE WEST SIDE OF THE CITY OF CORPUS CHRISTI, A PART OF THE TERRITORY ANNEXED OCTOBER 26, 1954, AND HAS SELECTED THE ENGINEERING FIRM OF REAGAN & MCCAUGHAN AS ENGINEERS TO RENDER PROFESSIONAL ENGINEERING SERVICES ON THE PROJECT OF THE PLANNING AND SUPERVISION OF CONSTRUCTION OF A PORTION OF SAID WESTSIDE SANITARY SEWER SYSTEM; AND WHEREAS, IT IS NECE55ARY THAT THE AGREEMENT CONCERNING SAID SERVICES BE WRITTEN AND PROPERLY EXECUTED BY AND BETWEEN THE CITY AND SAID ENGINEERS; AND WHEREAS, THERE ARE SUFFICIENT FUNDS AVAILABLE AND UNAPPROPRIATED IN N0. 250 SANITARY SEWER BOND FUND FROM WHICH TO APPROPRIATE THE NECESSARY MONEYS WITH WHICH TO PAY THE COST OF.SUCH ENGINEERING SERVICES; AND WHEREAS, IT IS NECESSARY TO AUTHORIZE THE EXECUTION OF SAID AGREEMENT AND TO MAKE SUCH APPROPRIATION AT THIS TIME: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. 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 CONTRACT FOR ENGINEERING SERVICES WITH REAGAN & MCCAUGHAN AS ENGINEERS TO RENDER PROFESSIONAL ENGINEERING SERVICES ON THE PROJECT OF THE PLANNING AND SUPERVISION OF CONSTRUCTION OF A PORTION OF THE WESTSIDE SANITARY SEWER SYSTEM, GENERALLY REFERRED TO AS UNIT IV, ALL AS MORE PARTICULARLY SET FORTH AND IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 5406 4 .t SECTION 2. THAT THERE IS HEREBY APPROPRIATED FROM N0. 2fiO S-'AMJLT.ARY SEWER BOND FUND THE SUM OF $ 24,500.00 TO BE PAID FOR SUCH ENGINEERING SERVICES IN ACCORDANCE WITH THE TERMS OF SAID CONTRACT. SECTION 3. THAT THE NECESSITY OF IMMEDIATELY ENTERING INTO SAID CONTRACT FOR THE PURPOSES OUTLINED ABOVE CREATES A PUBLIC EMERGENCY AND AN IM- PERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID 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 IT P SSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THEI(DAY of 1959• "'�� ATT / MAYOR (/ THE CITY 0 ORPUS C ISTI, TEXAS CITY SECRE A Y APPROVED AS TO LEGAL FORM THJS THE DAY OF JUNE, 19559: t "' . CITY ATT RNE sTa or TEm.9 # ' THAT TiiR ENfi1NcestootS FIim of :Ir:"m AND 1ICCAUQNAN#,AERE;NXFTER CAW.EO NQIMCERS�# HAYC ENT$k o- INTO TNC FOLLOwINQ AORCEMEHT. FOR ME FORNISHIRG OF EWINACRIM SERVICES TO ME CITY Or CORPUS CHR19Tl,r HRRa- " IRAFTCR CALLER nCITY"2 �. FOR AND IN CONSIDERATION OF THE AGMECII NT OF THE CIiY 7O NANO THE PAYMENTac NEREtNAFTER "PUZ TO 6C MADE 11V TNC CITY, THE EIMINURS AGREE TO RENDER PROFE1l6iONAl. $NQi6Cf.11INQ SERVICES Oli THC PROJECT OF THIt. PLANHI "'AND $U$4RItII#ON or COtSSITRUCTIOR OF A PORTION or WSOT slog WI Tay . rAwell SYSTCM, GCWERALLY REfCRRED TO AS UNIT IV. 2. TA PRDFC iamAt. SERV12n iRTCouO To $C aSuDeREQ" INCLUOEt f �A} iH 'ORS PtteLINiNAaY P{IA9CA - CftFLRENCf3 WITIi THt CITY ROMftD1144 THE PROPOSED PROattj {2� STUVAS DIRECTLY MATO TO AND PART OF Tit 40140 main EElto CO"IUEREDr { QREkrdIIVAiAY tAYOUTS 00 ex9TCHCS# iF ftrC9l*Arvvj TeSTATI v COST r aTmAns OF PRIIP9!m coinituvrioss COWCC CCS WIM IJIQUWAY 0CPARTI"T, AND OTHER AOCNCIIIS CONCERNED VIM TH9 CROIIRIM6 OF NROPOUP 0410 OAYS AND RAILItuost (9) IN THE ocalaN p"see -FIELD SURVEYS FOR DETAILED PL"sj , #2j PLAWINIi NEC"CISASY $URVCVS AND SVM*FACC tXPR.ORA- TIO"I ARRARMINCi FOR SUCH We" YO,DS OONC AT TH6 CItTfB EXPENSC, AND IHTEII►REThTION OF RESULTS Or gUCit SURVCT6 AND EXPLORATIONOy PAEPARA'C1QN O6 DETAILED CONTRACT - PLANS AND MCI - 'FICATiONS,FOR CONSTRUCTION# WITH F149 COPT%A I*UR. b NISHED Tp YHE CITY', ADDITIONAL NECESSARY COPIES WILL at FURrilamp To THE CITY AT ACTUAL COST OP im. dai PTRZPAMV100 OF 94TINATRS Of QUANTITIES AND COSTSI 15 A!$i>ITAR4€ -TO CITY IN SCCURING 411089 Of MOO AND RCCOdE 11 HNDATIONS CORCERMiHO AMALT81 - AWARDS11 d7� ASSISTANCE IN AWARD or CONTRACTS. ` (a) IN THE 6ANsywcvION Paw. ' Cls>:crilNa gF,eHgI* "AND woftilia GRID oNG8 FURNisup OT TIM CONTRACToul d )' supti IGION AND MICW OF LAM"ATaHVA MlbLi AND SHOP TCSTO; d3� CMSU16YATION AND ADVICE DURING CONSTRUCTioM ' LdENCRAL alligRviusom OF THE WORST AND /R16RPRETATION , -OF THE PLA(lS ANP 8PEOP14TIDNB ,TTY PERIODIC viSIT>Y 7Q 1116 SIT€ 11Y "A pRINCIPAL OF THE PiR11. (g) " PREPARATIOM Or 4I0NTH4T- AND FINAL CSTIMATFAj FOR OXY- iICNTS -YO CDRTRACTDRSj ASSI$TANCC Itl CHEC1iip8 AND TC9`tiNa OF lxsv"LNp d31 FINAL INSPCC on) ,.. d�� R €V1910N QF YMK .4 kBTftlJbvian ORAYlIlos TO amw THE PROJECT AS- SUILT. - IT IS THE PUSENT INYIINTIIIN' THAT THE YORK IM uart iv WILL 6E P €RFOR"ti UMDER THE CIIN$TRUCTION CONTRACT. HM400E IT MIGHT 00 ADVANTAMUS- TQ THE City TO DIVIDE THai WOR$ -INTO To OR 11GRE CONSTRUCTION CONTRACTS. 3. THE eABiC BE€ FAT: naroRS1IHG'TRE A6i1v6 ENGINE6191ta SERVICES WILL 86 $ASBD ON A bKRCEnTAfl6 OF Tot COST OF €ACM IHOMDUAL CONSTRUCTION CONTRACT. THE PERCENTAGE FOR EACR CONTRACT I$ TO BE SA$$D'ON TiM AHOUNt Of Tog COST Os EACII INDIVIDUAL CONTRACT in ACCORDANCE WITH THE FOLLOWING 8CH£01116E6 BASIC ENGINEEIIIF FEE SCiiER11LE COST OF EACH SEPARATE OASFC FEE IN CONSTRUCTION CONTRACT PtRC£NT OF, SST LESS THAN 5D,000 10.00 $ 50,001 TO 100,000 OD toq,001 TO $250,000 91.00 2'54,001 TO 450DOW 1.00 500,,001 To 750,000 . IN NO CASE IS THE TOTAL FEE FOR ANY ONE CONSTRUCTION CONTRACT TO BE LESS THAN THE MAXIMUM FEE CALCULATED UNDER THE NEXT LOWER CONSTRUCTION COST ORACNET• 4. As GET OUT IN THEY MANUAL OF PROFESSIONAL PRACTICE, THE BASIC FEE DOES NOT INCLUDE THE FOLLOWING 9£RVIC011 (A) SHOP, MILL, OR LABORATORY INSPECTION OF MATERIALS AND EQUIPMENT; (a) TEST BORINGS AND OTHER SUBSURFACE EXPLORATION, AND HE- LATEO LABORATORY ANALYSES; (C) CALCULATION OF SPECIAL ASSESSMENTS, EXPENSE AND EARN- 1140' GTATEKNTSP ETC4.; (D) THE SERVICES OF A RESIDENT ENGINEER AND INSPECTORS FOR CONTINUOUS ON-THE -SITE INSPECTION OF THE CONSTRUCTION# AND /OR THE PERFORMANCE OF CONSTRUCTION LAYOUT SURVEYS; (9) WITNESS IN LITIGATION WITH THIRD PARTIES; (F) TRAVEL C%pENSE BETWEEN CORPUS CHR19T1 AND POINTS OTHER' THAN THE SITE OF THE PROJECT WHEN SPECIFICALLY AUTHORIZED By THE CITY; (G) LAND AND PROPERTY SUI'1VEY9. WDER (0) AOOVE, THE SERVICES OF A RESIDENT ENGINEER AND INSPECTORS FOR CONTINUOUS ON -THE +±RITE INSPECTION OF THE CONSTRUCTION# AND /OR TH£ PER- FORMANCE OF CONSTRUCTION LAYOUT SURVEYS, ARE CONSIDERED CONSTRUCTION RATHER THAN ENGINEERING COSTS# AS DISTIRGUISHED,FROM THE GENERAL TECHNICAL SUPERVISION OF CONSTRUCTION WHICH 1S AN ESSENTIAL PART OF THC ENGINEERING SERVICE. SHOULD THE CITY ELECT$ THE SZRVICGB OF A RESIDENT ENGINCER AND /OR iNBp£CTOR@ FOR COMA TINUOUS ON•THC_SITE INSPECTION DURING CONSTRUCTION WILL 8E PROVIDED TO THE CITY ATCALARY COST PLUS 50 PERCENT AND 'IN ADOMTION,'REIMHURSENENT FOR NON -LABOR EXPENSE AND SUBCONTRACT EAPEHSE AT INVOICE COST PLUS 10 PERCENT. ALL AS $ET OUT AND,OCVINCO I THE ABOVE MENTI ONES MANUA . SHOULD THE CITY RCQUIRC_8UBSTAHTIAL R$VIBION QF PLANS ANO %09 SPECI•" , FICATIONSP AFTER THE $AMC HAV$ Dec" DULY OPROYEO BY ?He CITY# THEN Tat I:ITy', i SHALL, PAY TD THE 04ANCER 4UST'AHD £QUITAKC C0100SIATION 189REFOR, WHiCI1 ° r COIIPCN4ATi0R FOR SUCH EXTRA SERVI£ES,SHALL BE AT SALARY COST'PLUS 100 PERCENT PLUS R£IHBURBEIIENT FOR DIRECT NON•LADOR £APCNSE- ANO'RUSCONTRACT EXPENSE AT "• INVOICE COST PLUS 10 PERCENTS ALL AS SET OUT ANDOEPINED IN THE ABOVE HRNTiOHEO MANUAL. THE CN4INEERiH4 FEG POR THIS woRA 1,6 To or PAYABLE: AB FOLIOWSt {Af' FOR 494VIC90 REN0980 UNDER TH8 PRCI.ININARY AND•OCS1CN " PAAUD AS 000CR16E0 ABOVES AN AMOUNT KIM TO PERCENT E►F THE BASIC FEE n SHALL BE DUE. AND -PAYABLE.- UNTIL RECBIPT QF PROPOSALS BY THC CITr, THE RABIC FEE SHALL -4E Mai ON THE ENOIN$CR /S EIITiHATEB OP COSTS FOR THO86-POWTIONS" "'Rr OP THE PROJECT COVERED BY THE PLANET AND SPECIFICATIONS• PRESENTED 'To THE Oacn# AND $HALL, BE DUE AND PAYABLE UPON PU'SrNIATION'OF THC PLANS AND SPECIFICATIONS v TO THE CITY. _ IN THE EVENT THAT PROPOSALS FOR COIISTRUCTION,POR ALLS, OR ANY- PART* Of THE WORN PRESENTED Ant RECEIVED WITHIN 34 DAYS ALTER SUBMISSION BF Colt. ' PLCVCDI CONTRACT ORAVINO$ AND SPCCirKAt10A9 TO INC CITY# at THE ENGe1,EERA THt � FCC FOR I144 SERVICES RENDERED FOR TH£„PNELININARY AND DESIGN PHAS0 .$HALL (it ADJUSTED TO T" "CONSTRUCTION COST" AB REFLECTED BY,-THC LOWEST ACCFPTABLC PRO- MAL,,# OR LOWF$T BONA 61O¢ Glop tf° NO tONTRACT,IK AWARDED. ' WHERE NO PROPOSALS qR BONA FIDE WD$ ARE- RECEIVED, THE Ed911HSSli•IB n £SY11%ATES ONALL •01: THE SASIa FOR FINAI PAVRENT FOR THESE TWO PHASES ANO NQ s' PAYRENT FOR SERVICES RCNt)EIR60 UN060' THCEt4 PHASES SHALL 8E- VITH11E1.0 eROM THE ENSIINEER ON ACCOUNT-Of FAILURE ON THE PART Of THE CITY T6 CALL FOR aiDS OR TO-.' AWARD A CONTRACT FOR THE WORK OCSIGNCO. (a) FOR SERVICES i46HDFRED UNDER INC CONSTRUCTION PHASE AS DES- CRISCO ADOVEI •AN "AKOUNT EQUAL TO 33 PERCENT .07 THE,11ASI C -FEE FOR THOU. PDX- V1ONS OF THE PROJECT COVERED BY THE - CONSTRUCTION CONTRACT AWAR00,114ALL BE DUE AND PAYaAULt, THIS 33 PERCCRT SHALL BE BASED ON THE CONTRAC70III8 MONTHLY ESTIMATES* -. UPOm 60lIM £TION at A CQNSTRUCTION CONTRACT= THE t3A01 t FIRE ` SHALL 99 AOJUSTCO T4 THt SUL4. P£RCCNrAgC or TH$ BAStC FEE GAND ON ?at TOTAL ~ AMOUNT OF CONSTRUCTION AS REI`LEC7EO IIY THE CONTRACTOItta F3NAL ESTIMATE. NO A . REDUCTION SHALL, ,AC IGM FROi! THE PERCCNTADE FCE OR -ACCOUNT iH PENAI:TlE4 OF LIg11t6ATCD DAMAGES OR OTHER SUM VITHNELO FROM TIE CONTOACTORFO PAT61CtAT1. (D) IT 10 COR7EMP6ATEo THAT TUii £8'fl11ATC8 or 'COST AND FCX8 TO !C TAItEN INTO ACCOUNT ARE ACTUAL CONSTRUCTION COSTS AND SHALL NOT .p£ INTCNOZO TO INCLUDE THE COST OF PLANS OR INSP'ECTtONO NOR THE COST OF RIGHT, OF MATS# CA9 NCUTS OR tQUIPMEN7y 01I MS THAN,YHOS£ INCI.IIDEO /N TH£ PLANS' AND SPECfr1CA- TIONS AS A PART OF THE CONSTRUCTION - CON'fRAC7j ANb 1HOSE ACQUIR£O,THRDUGH THE RECOG- NITION AND APPROVAL OF TIE EHOtNCERS AND IpCLUDEQ I ®•THE PROJECT IN THC PAItFOMWCE OF INC WORK COVCREO BY THIS PROPOSAL, THE • EIBi1NEERS WjLL,HOLD IIER001C CONFERENL68 VITH IN$ -CITY COUNCIL pR ITS REPRCSCNTATIVE$A•TO THE FiRO THAT THE PROJECT SHALL HAVE FULk 9£NLFIT OF THE COUNCILS £xPERIFdNCC AND CNOwLEDOE or C %lSTIHA N$EOS ANC FACILITIETA AND at CONSISTENT WITH CURRENT MUNICIPAL POLICY. TO IMPLEMENT THIS COORDINATION, T'HE CITY SHALL MARC AVAILABLE FOR t13C IN PLANNING THE WOW $L Ea1ST'INQ 14AP39' #-IELD NOTES>`StAT18TICSP GOMPUTATIOM*, AND OTHER DATA IN ITS POSSESSION RELATIVE TO TIM £ItISTiNG UTILITIC. ANA TO THE PRO4ECT- T1IE ENGINEERS PROPOSE TO COItMLETE AND GufJ*IT TO THE CITY - COPIES OI' TIIE'PRtLfMJNARY CROINE£RINO PLANS WITHIN 6�0 ��CAkENDAR PAYS #410H 009 0# WRITTEN *WjCC TO PROCEEO. UPON AUTHORIZATION BT THE CITY THE INOINEERd WILL ` PROCEEO'YITH Tat PUPARATION OF 6CTAILCO PLANS,I SPECIFICATIONS AND COST 9371- MATES REIIUIRLtt FOR THE CONbTRUCTION ale AUTH"13CO. THE ENfliNEERB PROPOSE TO, DELIVCR TOM COMPLE7ED PLANS AND SpCC14tCATIONS FOR THE AU1THQR1Z90 CONSTRUCTION WITHINO.CAI£N6AR DAYS AF1E9 RECEIPT OF S11CN AUTHORIZATION6 t91TX$S UUR VAPID$ IM DiIPI.ICAJE,, CAC" OF WHICH SHAi.L DE CONSigERBA ,AN C8101NAL, THIS 700 PAY OF s 1 e�• -- 1 Aiil<6T4 CITY of Ctfl3 M CMISTI tTY 51wGRETARY jS:WCRT W. WHITS41 ET CITE HANAGBR ApMvED AS TQ LCQAI. FOW THIS TIC _..PAY OF _.s 19591 1 TV FTc7.RNBY - REAGAN MCCAUMOI .'o DIRECTOR OF FINANCE ; •• - - ' �I c 7- Council that the money required for the I certify to the City 1 contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi Sip c��llpp �tcJs -a.. �, to the credit of No. Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance CORPUS CHRISTI, TEXAS gj 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 SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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; 1, 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, MAYOR THE CITY OF CDR U CHRISTI, EXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTEo ELLROY KING — F JAMES L. BARNARD MRS. RAY AIRHEART -- JOSEPH B. DUNN 1 PATRICK J. DUNNE 2L R. A. HUMBLE i GAGE L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE$ ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE / GABE L. LOZANO, SR. r