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HomeMy WebLinkAbout05438 ORD - 07/29/1959JKH :7 -28 -59 i 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 LOC 00C Ar' DREWS & NEWNAM FOR ENGINEERING SERVICES IN CONNECTION b 11TH TH PROPOSED EXTENSION OF THE AGNES —LAR DO STREET IMP OVE ENTS, FROM STAPLES ST ET TO CARANCAHU ND TANCAHU S REETS, PROJECT NO. 220- 53 -6.2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $ 7,000.00 OUT OF NO. 220 STREET B— ONp IMPROVEMENT,FUND TO COVER PAYMENT TO SAID ENGINEERING FIRM FOR SUCH SERVICES; AND DECLARING AN EMERGENCY. 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 WITH LOCKWOOD, ANDREWS & NEWNAN, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES IN CONNECTION WITH THE STREET PAVING, CURB AND GUTTER, STORM SEWERS AND APPURTENANCES ON AGNES STREET AND LAREDO STREET FROM STAPLES STREET TO CARANCAHUA AND TANCAHUA STREETS, PROJECT 220- 53 -6.2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION `L. THAT THERE IS HEREBY APPROPRIATED THE SUM OF $ 7,000.00 OUT OF N0. 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 PUBLICIMPERATIVE IN REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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 PUBLIC NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE, AND THAT THIS ORDINANCE BE PASSED 5438 ° -� FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THEa_DAY oF, 1959. ATTEST: - MAYOR I � � �° THE CITY OF RPUS CHR STIR TEXAS CITY SECRETARY APPR ED AS TO LEGAL FORM THIS TH DAY OF 19559: CITY TTORNEY 4f y 6. SERVICES NOT INt6UDED IN BASIC FEES °` The services covered by the basic (percentage) fees are those which are normally under the of o and S cost basis a The costeand durbaion fairly ervices such as continuouston tence and time of zontrol, cconsttructionland will detailed construction from 1p project to project; however, other services dependent uch as surrveys, borings, tests, of etc., may be minor items of expense on some projects and major items on others. Such fCetntaee (fees ring andehence are not included bn this Engines I. . soalpart of the aBasiclFeeshfor this project. (percentage) all services The Basic Fees heretofore describe sholexcept v for such of the serves enumerated hereinafter performed by him, or under his direction, under Items (A) through (E) as he may provide. For these latter service the ENGINEER shall fom- here led follows: Perso motor,vehicles,�atd104 perpmilee8reproductionlsworkf�ier s.. ari by ENGINEER with his own equipment, at prevailing commercial rates: TYPE or SERVICES (A) Actual performance of test borings and other foundation investigaRons and' related analyses, op and /or laboratory in- and detailed mill, shspection of materials or' equipment. (B) Field surveys during' th preliminary plotting field d design phases Including p g ( P surveys for design of structures which are in cluded in the basic fee), and resident field I of construction and detailed field lay- out of construction (except initial establishment of control line and elevation marker for con struction, which are included in the basic fee). (C) Additional copies of reports and additional copies of drawings and specifications over five unless otherwise agreed. by the Ot (D) Extra travel required of the ENGINEE and authorized by the.OWNER to points other t an the (ENGINEER'S' or OWNER'S offices and project location (E) Assistance to the OWNER as expert witness In or in the preparation of engineering data for litigation arising from the project; field surveys, . probing and mapping to locate existing utilities and facilities pertinent to the project in those cases where such maps ore not available; land surveys, establishing boundaries and monument's. BASIS OF COMPENSATION (1) Furnished directly by OWNER, ROM S� 1 Salary Cost plus T� Per cent, and reimbursement for direct non -labor expense and subcontract expense at invoice cost plus 10 per cent service charge. Salary cost plus 100 per cent, and reimburse ment for direct non -labor expense and subcon- tract expense at invoice cost plus i0 per cent service'charge, except no service charge for reproduction work performed by ENGINEER with his own equipment. Cost of travel and livirig_eicpenses Plus 10 per cent service charge. Salary cost plus 100 per cent, and reimburse- ment for direct non -labor expense and subcon tract expense at invoice cost plus 10 per cent service charge. at hiit optlaa tarnish >� or all of tT� tide _e prone �a 1y the Eng-1x» 1 L�iTi7;jn requested• or FO r:'.7 AT36 COPYRIGHT It Se. BY LOCKWOOD, ANDAVil9 NEWNAM PROPOSAL AND AGREEMENT FOR ENGINEERING SERa10E5 . $. LOCATIO14 AND pESCRIpT10T4 OF PROJECT �• The- proposed pfo {ect is tocated M ,ligae"n Tire�la a'cree t ` 13iav1aa ko Cat-auaahs a R'asxcahtra Hts a its C xe CSri©tiy 'Te=x n and is understood to consist of ,s•treet VBVJJI& alb cad Vxtteri °tom aswera and 2. OWNER Where referred to herein, the OWNER is understood to be Ohe City ay Corpus Christi, Tel= o 3. ' ENGINEER = ry Where referred to herein, the ENGINEER is understood to be the firm of Lockwood,' Andrews & Newnam, Consulting Engineers, with offices in Plouston, Corpus Christi and Victoria, Texas; the head- quarters office being in Houston. ' • r mailing address for'this agreement: iACk'roa x Andre" & Rem . Coaeultiag,• � ' 3230 Reid Drive Corpus Christi, 4. SC OF ENOINEERSSERVICES The ENGINEER shall provide the foltawin robe ssionrvices necessary for the development of the project, when and as each phase is autho ize by the OWNER, The basic fees shall provic(e " compensation therefor except where otherwise noted. A. Preliminary ROW (1) Pgrticipation irc preliminary conferences with the OWNER regarding the project; (2) Preparation of preliminary engineering studies directly related to and part of the pre- litninary design work being considered, (3) Preparation of .5 copies of preliminary layouts, sketches, and report, where applicable, and,the ENGINEER'S specific recommendations; (4) Preparation of tentative cost estimates,df the 'o'r Posed construction, PC RM P 288 r COPYRIGHT 1888, En LOCKwooD. AMDREwi & NEWMAM J- .h 5., .91�•FEEt' tFe`IVGfl">ERas dessi in 7atgam9af tl+d'rvit(ss toabe rendeted'bYSe ices Nof'Inclu$ed ini Pees „ For and, in tons, kle . ftefs under' ry + „ faregoing.Arlide 4, exclusi4etlf those listed hereln4 the basic fees bbt'forth.herenTettet a the OW shall pay, and the ENGINEER sha11'raceive, Care the' minimums recommended by the The fees "tabulated below under 5chedules'A, B ar+d rodico, ,lexas,5ociety df.ProfessiolVdl Engingiers (TSPE), as P prelhmitiary� pes�IAgnnaild Constructiaa).fori &ierol Engineering' Services ", far all Three phases ( lexi under each schedule. <, €veher, Engineering Servlcea on protects of average P Illties �rhich . i • �,. ; r eats and Tae ;;ti ,'Schedule A minimums pre appLcoble to itttsic servsces for certajn p ?l 7o rtion'fa the construction cast. Typical iNms + 'ire more than usual.amounfs of engineering in p Po ore ihted under Classification A irs,the aforemeatianed TSPE NlanuaL' engineering prolectatOf ' $ gdu16 B' minimums are 'applicable to basis services ion general PE overage' complexity• Typical items are listed under Classification 8 in the,' TSPE Manual. which - ro ecis, or 0oriions thereof, ' S ijeduI C minimums Ore'appligable to basic services on P I vptve''alteration or remodeling work. with'an „ hoses shall be in accordance •with the following schedule, y' ;. ;1he, total fee foi ail three p the mdicimum, fee which would obtain, If calculated under fee computed therefrom t� bb not, less than , „ e',n'ext lowest cost bracket: g'; MINIMUM TaPF PRaa IN, pa"INT 3 . h " sAal, lckadofRC_ , 7gatt~ It" sardd.�' SdrduM! ra , '' • ,��' ., Nwl WMk we.k w.k x OP CoNsT'RUCTION per Dlem ISa A ' 25,000. Per DlemY . Per 5� 12.00 less thdn, 50 000.. 10'00' 11•.00' , we $ 25,041 — 100,000, ..t, 9.00, T50; 50.001' 8,75 1'0.09 100.001. 250;OOt): -- 7.00't, , 6.00 '' �•> . �50i001 — 50,000: , A0,009 6.50 5.50 �. 500,001. 750,094 6.00 5.25 750,40'1 ` x,00.000' � 5165 5.00 i 1,000,001 _, 10,OOb,000;....� .4.50 sl' bier 10AOQOM ......... ` • • - 'd com resin the total Basic Foe, shall be 5 The fee #on the individual phases of flip work, dl+� p , %gof the "Basic4ee for This Pioliid" ' se fee 9hdll be one .1 1 Ttte, Pre liminary Pha Cost" eln•ca)culating the fee. fisted above. The ENtsINEpER'S estimate 4t�hed a8gyef'tConsiruct on Co xed by the OWNER aX time in this ,phase of the roi06 , , ` {yu' k listed of the "Basic Fee .For tThis� ER at otre The Design PIMSS fee shall be "above, and boil be based on the "Coilstroarion Coat'' of the work authorised by ' time in this phase. ; _ , of & " IMk: Fee Po This Pt ©jaceCt" 1 r Phase The shall be ; the OWNER The Conslnutio ; listed above, and shall be based on the' "tonstrucEKSn Coat' af.the wgark Ru►horl ed y at one time In this phase. 0 y��y giat�r i ►af, dv tacxwavo, ' 0Gosm P Sae baPT. • + . l -71— �' �Q . -:,' --'.k{ : r°9'r ;, . >^r�'- 'Y6Y• - - - - •y:as,.,',''� , 4 . ts. ' I7�iyrt Phaw � � - .• ' JIGS suriroys required for the .ddsign. Such sut rs fn the areas to be occupied by,struc- a tures, Jas buildings,;, ore included• in the bdsic fees,7il other surveys are paid for separotel'y as provided herein:We9l; • ' Planning a soil'borin or s bsuy ex locations or an s ecraT "surveys and tests ; iz} ng nY g9 4 dace p Y p, Y which may be required for destgnp arronging,fai such work to be done directly for OWNER'S oocount;'• and engineering interpretation pf results of such rnfestigafions; (3) Furrdshing to the BWNER, where applicable, the'engineering data necessary f9i appli- aptions for permit ;required by' local, slate and federal autlibrities; • (d) Preparaf'ton of defailed controct'drowings in pencil an'ttaclog paper, and) f1 i6ciflcpljons, ' for construction authorized by the bWNER. (5) Preparation 'of'deWled cast, estimates and bidders' proposal forms for authorized construction • - g7�30 1 ' (6j furoidting !necessary 4es'of drawings, specifications; notices to bidders and bidders' s a proposol forms; all copse excess of,5 to bo paid'foe.sbporately by OWNER as provided, hereinafter; ; (7) Assistance to the OWNER in`securin,4Y,V1ds; y r „ • Assistance in the t tion and onal's1"f bids and furnishing recommendations on'the. award af'constnictign contracts; = (9) Assistance in thg engineering phases of the preparation of formal contract doeurnenti ...a.. «_ skeKhes and Phase fees shall 6e payable upon subaimilon to the OW mac° u' ral " ,_ Where the Preliminary Passe rey�. a•I PAallminary thin 30 days after submission For larger projects. ra rtioh so that pare,, h•�,I upon his oYrePtonce, which shall be wi orttal Rayments shalt be made monthly in p tco 'fl - s for the ENGINEER to complete his worlr,�P ono than 60 day phase which has been accomplished, as evidenced by monthly statements aubmiHa by Phe wrvlfcs =s m the Preliminary NGINEER' and approved by the OWNER 6 an the ENGINEER'S estimate the oesstrtrvldeficed by Design Phase fees shall be paid in monthly installments basDe n Phase which has been . of the work, made In proportion to that part of the services m the yrDesig I s the'adjted b fee fur the Preliminary Phase, sha,IYbe due upon the completion of these services. based on the monthly sio temenh submitted 6y the ENGINEER and approved b the OWNER. Final payment for cervces authorix In ° Design Phone, P u dined, "Construction Cost" as defined hereinafter the ment purchased or furnished y Ius the cost of all materials and eq F NGINEER will be paid Construction Phase fees shall be paid in monthly installments in proportion to the construction work complete no payment shall be made molly on the basis of a project. Upon co plemates) p or cified by the OWNER for the project. Upon completion final,, "Co 'Construction authorized as defined hereinafter. Alto, pay • construction which was designed SP° �_ the rams ider of the fee for this phase, bored or no increase) in for the Prahminary and Design PAtasa of all extra work added to the proj°ct during consn and Other Extra Work ". h 10, Redes19 nub- by the ENGINEER: For design work required during the construction phone. that rheretof r decrease d on statements structlon cost, Payment therefore shall be mode as �pa idfifor imonthly rlo basis heretofore lifted,, bas cd Semices Not Included In Baste Fee t ollObWNER. - Inning ninety days from the mitted by the ENGINEER and approved by r cent r annum, beg' Payments shall be assessed at the rate of - ty 0 P° interest an Delayed far any Payments not made within n,MV (90) days' date of receipt of the statement, .B DEF NMO.NS one time and Cost" ' eon of the work authorized of r cost for engineering NER ofgaall uryffruction "Construction s defined as the total cod to the OWNER for the execu the OWN ate phase of engineering services; excluding fees or 1hhee4red Post to hondlc>'d in each reps; le of and administrative expanses; but u including f3 squired for the completed work (including extr for cost of land, nghts -of -way 9 I din labor, materials and equipment, Put or furnished direcNy by contracts, items of construction, me u g equipment Pu and the rota, value at site of protect of it labor, materials and _ within 90 days One the project for the corrmpond• sail for construction of any of the the OWNER by the ENGINEER Ilea fee basis), PmPc In the event that contract drawings and spec' percentage even if no after submission of completed mg services in the Preliminary Poo io(�f �nafide hid b the ing services in the Design phase and the fee for the corresPo" h° lowest occeplable propose 1 m how ro sal or b. Fide bid shall be the one which includes all the work �y y shall be adjusted ro the lconstruction cost" 1V QwI Or ' rt of the work. The lowest aceepten the P"nied contract ;s oworded. The lowest t an alternate t bid ne m design mteded a accomP16h the same end fB shall be the basis plans ovd specifmohons, and not an alternate bId ip mh t or design pa a tin any ever, frde bids are received for on pert or all of that work, the ENGINEER'S estimates be the lowest bid on oltemote methods, equipment _ Where no proposats or bon° 'port of the work. No reducon shall be ^rode from the parc°^tag for final payment for these two P hares for that Poor ocher wins withheld from tontrocloi s payments- surv°Yman clerks, Ph an account of penalties or liquidated damages Ineers architech, draftsmen, lf, excise ..Salary Cod" is defined as the cost ec wlus s is eng veazlion, and holiday Pay OPPticoWe thereto, the of laborer, etc , d.recllY r}Iargeabla to the Protect' plus social security contributions, unemployment, excise and paym t, and totes or consultants at the Imputed rotes regularly em&yed Epnuses, employment compensation Insurance, retaemenl benefits, sick term, . shall s,e-P the 'cost" of the services of Principals, assoc ENGINEER for this Purpose V, COOPERATION Of OIIYM _ periodical with the ENGINEER to the end that the �eo' as developed, s clad standards. To ImPlemenl this — tdirw- The OWNER, or his representafiv°s will confer P° field notes, ierKe rind knowledge of existing ;lend � all wxiding plans, maps, shalt have full benefit of the OWNER'S expel far use In planning the pro, In addition it is under' Ilan, the OWNER shali make available to the ENGINEER, and t all e blty Jim, ice, compbtations and other dato in his possession relative to scaling facilities and to ba en izuea�m vul stood that in connecfron with this particular protect the OWNS will dial but I aetsi3 a eRd gptcifif�ti� eps3oiS y0,jtitm ar fig°- � Trrltls the stazs8tur8 o3 the >>� REDESIGN AND OTHER EXTRA WORK drowinI a� mat, be regained rt The ENGINEER will make, without expanse to the OWNER, sack revisions of the preliminary _ ro� by the OWNER, if a decision is subsequently rasa far changes in, or additions ro the drawings, spR in his io meet the needs of the OWNER, but after a definite plop has been app r e :station, inrolves extra services and expenses delays Imposed on him from causes not within his or for the re.adveritsetrlent for rntatructlan buts, Vhe ENGINEERfaIP • V mode which, for its PfOP° or if the ENGINEER is put to labor or tureen Y owns or other documents, ar insolvency of contractors, r7 me control, or by the delinquency be camper Cher with roimburseme for NGINEER and oPN I °v °dlby �honOWNER' wted far such extra sen so ve d �us�l intuition to the basic fee stipulated in this agreettmnt- am such extra services shall be to belmad° monthly' based on datemenh wbmittnd by o , matted items with paym ' COPYRIGHT Iflair. aT LOCKW000. A.011EWS b�NE'WIHAtd , FORM P 2H9 C 11. OWNERSHIP OF DOMAERfS — ,III docvmenr, including original drawings, estimates, speeificohohs, field notes and data are and remain the property of .e ENGINEER as instruments of service. The OWNER may at his expanse retain reproducible copies of drawings, and copies of „o ode t, documems, in considerahon of for purpose of making subsequent extensions agreed henato,' aa�eawith Ithe express eonnennHof the A connection ENGINEER- Re -use for extensions of the orginal project or for new projects, shall requsre permission of the ENGINEER and shall onhtle him to furthdr compensation at a diminishing rate to be agreed upon by OWNER and ENGINEER. 11. ARBITRATION OF DISPUTES Shorld any dispute arise hereunder between the OWNER and the ENGINEER as to any of the terms or prowstoa•a4 this agreement or the abhgohons Of the parties thereunder, the OWNER and the ENGINEER shall submil'fuch d'npute to arbitration as follows• tually agree upon an The OWNER and the ENGINEER shall each appoint a qualifier! arbitrator, who in turn shall mu . selecl a third such arbitrator, and shall submit such dispute to such arbitrators. and dowmars Arbitrators shall have full power to investigate such dispute, hear witnesses, examine paper's, drawings and take professional, expert opinion thereon and shall arbitrate and decide such dispute to carry out the intentions of the parties and do justice between them. in the event arbitrators are unable to agree upon the agree en the third arbitrator, or having considered such he" trator, a majority of the three grbitraton are unable to reach qn ogreemenl, Men the arbitration shag be eonaidered to have been exhausted. 13. REBPONSIR16tT1ES 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 parry, in respect to all covenants of this agreement, except as above, neither ties OWNER nor. the ENGINEER shall assign, sublet or trans- fer his interest in this agreement without ttre written consent of the other. 1 The ENGINEER will endeavor to protect the OWNER against defects and deficiencies in Me work of contractor, but the contractors shall be'solely responsible for the performance and satisfactory completion of the project. The ENGINEER ianrof MB use his best efforts hereunder, but he shall not be required •to guarantee the performance and satisfactory those of the cars- project nor bear any financial responsibility for any claims arising hereunder, etch responsibilities bBia9 7 tractors The ENGINEER shall furnish to the OWNER cost estimates as to aired herein, but the ENGINEER shall not be required to guarantee the accuracy of these estimates. _ 1t°° M&MVi hie W11, tel- WdOrJ thi9 At I ,9 It is understood thot:Agreemmit A..W be Mtende& tO 1=pide additiaMl lil=emtMXba professional services for a lter9,od of two (2) 9QM f� the 40te of & ee, Rea" vjdff& tkte cost of COna =atia® of e=h of the Soitiona pxojeets eaaeeds $MSM .0D each seal project% of leeser souovnts es MV be d by end sea suer= provided the authorityY to Vaeeed with =Ch additlonal =eM=;; � I� vices ifa received by the Engineer VAQ r to ths casagletioa Of prev9.M'y'Uttar1ged projects. Tf the Agrel==t i% extendefi as prOV deed above& tam EU0Aeer afeia 'o apply a f {r U fee for US services to the total Coat Of C=trMtion of MU'AMMent% anfl projector 60 auth=ized during the pariOd in canfarB== V'th the Sah$dule Of Re- coaiended MinJ— Fees for omoral RagineerI nor ServiCea iu the Jb==1 of prafebsiomal Prwtice by the Te= $OOiety Of ProfesS'e aJ• E eM'(19`J6) • Proposed and agreed to, ACCEPTED! _ LRY QF COHM CH[iTB' , MM 1 DClcwono; ANtanr ws a NewNASe aanwst,era ; _ _ !� By - By Aaenaiate =11 Head. Of - - -Title f^'s 365 chriati- dfiit� -- ' Date Attest vote If o Carparan o (Corporate Seatl - kECTOR OF FINANCE P 2BB rris C 1 TY TTORNEYcoPVpr lose, air s.oncwooa. nrookt'>tve a nremetAr Pa . _g- fia 6. SERVICES NOT INCLUDED IN BASIC FEES'• The services covered by the basic (percentage) sees are those which are normally under the ENGINEER'S- control, and are therefore subject to fairly accurate predetermination aon a percentage - of- construction -cost basis The cost and duration of services such as continuous on- the -site inspection of construction and detailed construction layout, however, are dependent on sequence and time of construction and will vary widely ftom project to project; other services such as surveys, borings, tests, etc may be minor Items of expense on some projects and major items on others. Such latter services, therefore, are not Included by the Engineering Societies in establishing the basic (percentage) fees and hence are not included In this agreement as a part of the Basic Fees for this project. The Basic Fees heretofore described shall- provide compensation to the ENGINEER for all services performed by him, or under his direction, except for such of the services enumerated hereinafter under Items (A) through (E) as he may provide. For these latter services the ENGINEER shall be com- pensated by the OWNER as follows. Personal services and direct expenses on the basis set forth hereinafter; transportation by ENGINEER'S motor vehicles, at 104 per mile; reproduction work per- formed by ENGINEER with his own equipment, at prevailing commercial rates: TYPE OF SERVICES (A) Actual performance of test borings and other foundation Investigartons and related analyses, and detailed mill shop and /or laboratory in- spechon of materials or equipment. (B) Field surveys during7 the preliminary and design phases including plotting (except field surveys for design of structures which are in- cluded in the basic fee), and resident field inspection of construction and detailed field lay- out of construction (except initial establishment of control line and elevation marker for con- struction, which are included in the basic fee). (C) Additional copies of reports and additional copies of drawings and specifications over five unless otherwise agreed. BASIS OF COMPENSATION (1) Furnished directly by OWNER, i,.`.t t,i,l�l�l; •ili;i. t'I,P,�,a,.;i,�..f�1:1,1'Y! .::: r.4::.1: /: ••1... ('1 ?.�,: a;. i1 V:9rt ♦.{• t.�...1, c. a't ?;1:{ �.� a la:c ,..�- a:�.a:..uz t•: l; l •:l'u.U.a:l:t�ai.i :lLli�'a:J.a: :497.ai.t;1.U;U.!l,a,�a J.3 Salary Cost plus 100 per cent, and reimbursement for direct non -labor expense and subcontract expense at invoice cost plus 10 per cent service charge. Salary cost plus 100 per cent, and reimburse- ment for direct non -labor expense and subcon- tract expense at invoice cost plus 10 per cent service charge, except no service charge for reproduction work performed by ENGINEER with his own equipment. 17 by the Q (D) Extra travel required of the ENGINEE and Cost of travel and living expenses plus 10 per authorized by the OWNER to points other t an cent service charge. the JENGINEER'S or OWNER'S offices and project location. (E) Assistance to the OWNER as expert witness Salary cost plus 100 per cent, and reimburse - in, or in the preparation of engineering data ment for direct non -labor expense and subcon- for litigation arising from the project; field tract expense at invoice cost plus 10 per cent surveys, probing and mapping to locate existing service charge. 4 utilities and facilities pertinent to the project in those cases where such maps are not available; land surveys, establishing boundaries and monuments. P a= =y, st his option, furnish &V or All of the fiYe (5) foregoing iteWs Kin requested ar required by the Engineer. FORM P*258 COPYRIGHT I158, BY LOCKWOOD ANDRIEW9 & NEWNAM —4— 6. SERVICES NOT JNCLUDED IN BASIC fEES'' The services covered by the basic (percentage) -sees are those which are normally under the ENGINEER'S -control, and are therefore subject to fairly accurate predetermination aon a percentage - of- construction -cost basis The cost and duration of services such as continuous on -the -site inspection of construction and detailed construction layout, however, are dependent on sequence and time of construction and will vary widely from project to project; other services such as surveys, borings, tests, etc may be minor Items of expense on some projects and major items on others. Such latter services, therefore, are not Included by the Engineering Societies in establishing the basic (percentage) fees and hence are not Included in this agreement as a part of the Basic Fees for this project. The Basic Fees heretofore described shali• provide compensation to the ENGINEER for all services performed by him, or under his direction, except for such of the services enumerated hereinafter under Items (A) through (E) as he may provide. For these latter services the ENGINEER shall be com- pensated by the OWNER as follows. Personal services and direct expenses on the basis set forth hereinafter; transportation by ENGINEER'S motor vehicles, -at 104 per mile; reproduction work per- formed by ENGINEER with his own equipment, at prevailing commercial rates-. TYPE OF SERVICES (A) Actual performance of test borings and other foundation investigations and' related onaiyses, Ord detailed mill, shop and /or laboratory in- spection of materials or equipment. (B) Field surveys during` the preliminary and design phases including plotting (except field surveys for design of structures which are in- cluded in the basic fee), and resident field inspection of construction and detailed field lay- out of construction (except initial establishment of control line and elevation marker for con- struction, which are included in the basic fee). (C) Additional copies of reports and additional copies of drawings and specifications over five unless otherwise agreed. BASIS OF COMPENSATION (TSPE MANUAL) a,.;i.a'•.1!4Y;1''1'a'• : = :r;U o, 1,/;.•r ._ (- li;r,a•31 s i 1•a >i a /•.1.x,..1. - r a:1 =:1:i. • :. :� . (:e ...aa:a.a:ay. r. 1C(•.L`:I.U,U,I': L:l.t i.1;L,L l;r a.'la, 1.► t:49 7,1;tl.6; ►'.'.U.Y a.4,r • !.3 Salary Cost plus 100 per cent, and reimbursement for direct non -labor expense and subcontract expense at invoice cost plus 10 per cent service charge. Salary cast plus 100 per cent, and reimburse- ment for direct non -labor expense and subcon- tract expense at invoice cost plus 10 per cent service charge, except no service charge for reproduction work performed by ENGINEER with his own equipment. by the (D) Extra travel required of the ENGINEE and Cost of travel and living expenses plus 10 per authorized by the.OWNER to points other t an cent service charge. the ,ENGINEER'S or OWNER'S offices and project location (E) Assistance to the OWNER as expert witness Salary cost plus 100 per cent, and reimburse - in, or in the preparation of engineering data ment for direct non -labor expense and subcon- for litigation arising from the project; field tract expense at invoice cost plus 10 per cent surveys, probing and mapping to locate existing service charge. utilities and facilities pertinent to the project in those cases where such maps are not available; land surveys, establishing boundaries and monuments. f3•ynaex rzys ut his c1tion, f=ish nsy or AU of the five (5) foregCing it=s ah:;n requested or required by the Engineer. FORM 0PZ98 COPYRIGHT 1 SDS, BY LOCISWOOO, ANDREWS & NEWNAM PROPOSAL AND AGREEMENT FOR ENGINEERING SERVICES 1. LOCATION AND pESCRIPTION OF PROJECT The proposed project .s located on ,AEn's a: d Laredo Stre-Ita ±rc ; 3t%,,4,5 Str' t to Caraacsi•za rw.d Tar_,3,= Streets in Parpzs Christie r,,= and is understood to consist of street paving] Curb and &tter, storm ecu^ers a r3 ':.ppriz'te^...'=C3 2. OWNER Where referred tc herein, the OWNER is understood to be i3;e City of Corgis Christi, Texas. 3. ENGINEER Where referred to herein, the ENGINEER is understood to be the firm of Lockwood, Andrews & Newnam, Consulting Engineers, with offices in Houston. Corpus Christi and Victoria, Texas, tfie head- quarters office being in Houston Mailing address for this agreement: ILoekvood, Andrevs & Newnsm Consulting Engineers 3230 Reid Drive Corpus Christi, Texas 4. SCOPE OF ENGINEER'S SERVICES 76rzgineer The ENGINEER shall provide the follow in rofessional services necessary for the development of the project, when and as each phase is authorize by the OWNER. The basic fees shall provide ' compensation therefor except where otherwise noted A. Preliminary Phase (1) Pgrticipation 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 5 copies of preliminary layouts, sketches, and report where applicable, and the ENGINEER'S specific recommendations; (4) Preparation of tentative cost estcnotes of the proposed construction Pon. P 2.6 COPYR�u Mi ­a. BY LOCK WOO. ..... WS G NtwN�M � 5. .BASIC.FEES _ as described in the � For and in corsiieration of the services to.be tendered by the ENGINEER, foregoing Article 4, exclusive of those listed hereinafteh under Services Nof included in Basic Fees ", the OWNER shall pay, an h d the ENGINEER shall receive, the basic fees set forth, hereinafter' The fees tabulated below under Schedules A, B and C are the minimums recommended by the Texas Society of Professional Engineers (TSPE), as published in its "Manual of Professional Practice, GerferaI Engineering Services ", for all three phases (Preliminary, Design and Construction Phones) for General Engineering Services on projects of average complexity under each schedule Schedule A minimums are applicable to basic services for certain projects and t, Typical which re,; ire more than usual amounts of engineering in proportion to the construction cost. Typical items are listed under Classification A in the aforementioned TSPE Manual of Schedule B minimums are applicable to basic services on general engineering projects average complexity Typical items are listed under Classification 6 in the TSPE Manual. protects, or portions thereof, which Schedule C minimums are applicable to basic services on mvoNe alteration or remodeling work. h any The total fee f r alltthre not less thanithe maximum feeewhich would obtain if calt ula dtunder phases fec computed It, nett lowest cost bracket: BASIC MINIMUM TSPE FEES IN PERCENT Laic F. e. sch.dul� L Seh.dul. e • Sch.del. A AlNration ix N.w Work This Pc.led COST Of CONSTRUCTION Work Work , Diem Per Diem Per Diem Schedule A Per D Less than 25,000 12.00 appl;Les 50,000 1 B Di 0.00 11.00 S 2550,001 ,001 -- 1 DO, 000 9.00 7.50 — 100 800 6.75 10 ,041 - 250,000 7 001 6.00 00 250,001 500,000 ' 500.001 — 750,000 6.50 550 600 5 25 750,001 — 1,000,000 65 5.00 5. 11000,001 — 10,000,000 5.65 450 Over 10,000,000 •Fen n.t spe. rfied by TSPE ll be: The fee for the individual phases of the work, and �comprisin o he total Basic- For This Project" The Preliminary phase fee shall be listed above The ENGINEER'S estimate befused as the iConstr ction Cost" in bcal the the fee. ne The Design Phase fee shall be 50 % of the "Basic Fee.For This Project" listed above, and shall be based on the "Construction Cost" of the work authorized by the OWNER at one time in this phase C3 % Of the "Basic Fee For This Project" The Construction Phase fee shall be _ _- -- ---- listed above, and shall be based on the "Construction Cost" of the work authorized by the OWN at one time in this phase 0 NORM P 23! COPYRIGHT 1030, BY LOCKWOOD ANDREWS F NEW NAM � y C P hMina ry Phase Fees shall be payable upon s am ss On to one vrr vin ..• • a •.s•• • -•• - f•�'r �- -� „pore his ctiepto• P w1,ch shall lb within 30 days after submission For larger projects, where the Prebminary Phase raquues st - -e than 60 days for the ENGINEER to complete his work partial jayments shall be made monthly m proportion to that part '••he sen:;ps n she Pre' m,nary Phase which has been accompinhed as evidenced by monthly statements submitted by the , - NGINEER'and approved by the OWNER : Design Phase Fees shall be paid in monthly irstallmenh bassid on the ENGINEERS estimate of the "Construction Cost' of the work, made in proportion to that port 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 on the ,Construction Cost as defined hereinafter Construction Phase fees shall be paid in monthly installments in proportion to the construction work completed (nor- mally on the basis of contractor s monthly estimates) plus the cost of all materials and equipment purchased or furnished directly paid by the OWNER for the project Upon completion of all work authorized in the Construction Phase, the ENGINERhwillbbee de the remainder of the fee for this phase based on final "Construction Cost­ as defined hereinafter Also, payment for the Preliminary and Design Phase of all extra work added to the project during construction which was designed or,pecdied by the ENGINEER For design work required during the construction phase, that results in a decrease (or no increase) in ton - struction cost payment therefore shall he made as specified in paragraph 10, "Redesign and Other Extra Work" Services Not Included in basic Fee shall be paid for monthly (on the basn heretofore listed), based on statements sub- mitted by the ENGINEER and approved by the OWNER Interest on Delayed Payments shall be assessed at the rate of six (6) per cent per onnum, beginning ninety days from the date of receipt of the statement for any payments not made within ninety (90) days b. DEFINITIONS 'Yonstruciwn Cost" n defined as the Iota) cast to the OWNER for the execution of the work authorized at one time and hond4d .n each x•porate phase of engineering services, excluding fees or other cost for engineering and legal services, the cost of land, rights of war 'e and administrative expenses, but including the direct cost to the OWNER of all construction contracts, items of contt a tons including labor, materials and equipment, required for the completed work (including extras) and the total value at sun 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 correspond- ing services in the Design Phase and the fee for the corresponding services m the Preliminary Phase(where on a percentage basis), shall be adjusted to the "construction cost" as reflected by the lowest acceptahle ids proposal, or lowest bor bid, even if no contract is awarded The lowest acceptable proposal or bonofide bid shall be the one which includes all the work covered by the plans and specifications and not on alternate bid which eliminates part of the work The lowest acceptable proposal may, how- ever, be the lowest bid on alternate methods equipment or design intended to accomplish the same and result in the project Where no proposals or bonaPhde bids are received for any part or all of the work the ENGINEER'S estimates shall be the basis for final puyment For these two phoses for that part of the work No reduction shall be made from the percentage fee in any phase on account of penalties or l,gmduted damages or other sums withheld from coatroctoi s payrnenls ,,Salary Cost" s defined os the cost of salaries of engineers architects. draftsmen stenographers, surveymen, clerks laborers etc d, f1r, ^horgeoble to the project plus 'octal security contributions unemployment t excise and payroll taxes t bonuses, emptoymeat compensation Insurance, ret,rement benefits sick leave vacation, and holiday applicable thereto, and shall include the cost of the services of principals, associates or consultants at the imputed rates regularly employed by the ENGINEER for this purpose 9. COOPERATION OF OWNER The OWNER or his representatives will confer periodically with the ENGINEER to the end that the project, as developed shall have full benefit of the OWNER'S expefience and knowledge of existing needs and standards To implement this coordmm loan, 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 project. In addition, it is under- stood that in connection with this particular project the OWNER will furnish- Any and all aj,pliaable City standard details and specifications as a guide, but if used Will be an ltdicatiOn of the Engineers agreement frith the standard specification or design. ' 10. REDESIGN AND OTHER EXTRA WORK The ENGINEER will make, without expense to the OWNER, such revisions of the preliminary drawing, as may be required to meet the needs of the OWNER, but after o definite plan has been approved by the OWNER, if a decision is subsequently made which, for its proper execution, involves extra services and expenses for changes in. or oddltions to the drawings, sp tcifica tans or other documents or if the ENGINEER is put to labor or expense by delays imposed on him from causes not within his e control or by the delinquency or insolvency of contractors, or for the re- advertisement for construction bids, the ENGINEER shall be compensated for such extra services and expenses in addition to the basic fee stipulated in this agreement Compensation for such extra services shall be at salary cost plus 100 %, together with reimbursement for other direct costs plus 10% on subcon- tracted items with payments to be made monthly, based on statements submitted by the ENGINEER and approved by the OWNER. FORM P 259 COPYRIGHT 1958 BY LOCKWOOD ANDREWS e�NEWNAM ' —5— i B. Design Phase _ S (1) Field surveys required for the design Such surveys in the areas to be occupied by struc toes, such as buildings are included in the basic fees, all other surveys are paid for seporately Us provided hereinafter, (2) Plan11'3 any soil borings or sjbsarface explorations or any special surveys and tear Which c, ,y 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 apple cations for permits required by local, state and federal authorities; (4) Preparation of detailed contract drawings in pencil on tracing paper, and specifications, for construction authorized by the OWNER (5) Preparation of detailed cost estimates and bidders' proposal construction, forms for authozed (6) furnishing alai neces, an ry copies of drawings, specifications notices to bidders' and bidders' Proposal forms, Ulf copse m 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 recommendar,ans an the award of construction contracts, (9) Assistance in the engineering phases of the preparation of formal contract documents for the award of contracts, f 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) Checking of shop and working drawings furnished by contractors; (4) Review of laboratory, shop and mill tests of materials and equipment (5) Review of monthly and final estimates for payments to contractors (6) Supervision of initial operation of the project or of performance test req red by specifications, (7) Making a final Inspection of the project, (8) Revision of contract drawings, with the assistance of the resident engineer, to show the work as actually constructed, which does not require field work of measurements for thi; p 'rPose or redrawing of sheets, without additional compensation (9) Furnish, when recommended by the ENGINEER and specifically authorized and paid for separately by the OWNER field surveys and layout during constructiun and continuous resident field inspection of construction FGRN ► 3�p COPYRt{�NT 1p>18 ■Y IaCN W000 �r('1q�W5fi �- %hAM -'2 e� M1 11. OWNERSHIP OF DOCUMENTS All docurn —h. mctudmg ongmal drawings, estimates, snecificotiolls, field notes and data are and'remain the properly of ..,e ENGINEER as instruments of service The OWNER may at his expr .se 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 connection with the .project and not for purpose of making subsequent extensions or enlargements thereto, save with the express consent of the ' ENGINEER Reuse for extensions of the orginal project or for new projects, shall require permission of the ENGINEER and shall entitle him to further compensation at a diminishing rote to be agreed upon by OWNER and ENGINEER. 12. ARBITRATION OF DISPUTES ShoLld any dispute arse hereunder between the OWNER and the ENGINEER as to any of the terms or provisions'of this agreement or the obhgat,ons of the parties thereunder, the OWNER and the ENGINEER shall submitluch dispute to arbitration as follows r e The OWNER and the ENGINEER shall each appoint a qualified arbitrator, who in turn shall mutually agree upon and select a third such arbitrator and shall submit such dispute to such arbitrators ' 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 intentions of the parties and do justice between them. In the event arbitrators ore unable to agree upon the selection of the third arbitrator, or having selected such orbs- trator, a majority of the three arbitrotors are unable to reach an agreement, then the arbitration shall be considered to have been exhausted. 1 3. RESPONSIBIUTIES 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 trans- fer 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 agrees to use his best efforts hereunder, but he shall not be required to guarantee the performance and satisfactory tompletion of the project me bear any financial responsibility for any claims arising hereunder, such responsibilities being solely those of the can. tractors 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 At the �Qlti ' MEMO- his Ttrittt. ceder, tbi. It is understood that :Agreement mtgy, be extended to provide additional incremental professional services for a period of two (2) years frM the date of acceptance, pro-. vided the cost of construction of each of the additional projects exceeds #100,000.00 each and projects of lesser amolmlx as may be agreed upon by fhmsr and Engineer and provided the authority to proceed with such afiditlonal.jncrwentai professional ser= vices is received by the Engineer prior to the completion of previously authorized Projects. If the Agreement is extended an provided above, the Engineer agrees to apply a final fee for his services to the total cost of construction of all ixleremats and projects .o authorized during the period in conformance with the Schedule of Plew ended Mai —m Fees for General Engineering Servicea contained in the•Manlzal of Profebsional Practice by the 'Texas Society of Professional Engineers.(1958) ACCEPTED: cm OF CoEaw CHUSTI BY- r Title Attest Title Date If o Corporonon (Corporate S.oll Proposed and agreed to: LOCKWOOD;.[NDREWS 8 NEWNAM ,no.auLT. b C.— C Associate and Head of Tirk _..C4Or�pua /_�ChristiOf' ice / y- Q/ MORM P 259 CITY ATTORNEY DIRECTOR WN OF FINANCE COPYRICHT 1958, iY LOCKWOOD. MOKES 6NE E —6— 7 -29 -59 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 No. 220 STREET BOND IMPROVEMENT FUND ,PROJECT NO. 220- 53 -6.2, AGNES- LAREDO STREET IMPROVEMENTS. PROPOSEn rXIEWSION FROM STAPLES STREET TO CARANCAHUA AND TANCAHUA STREETS. Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. .t Director of Finance t ' r CORPUS CHRISTI, TEXAS a Iz! U DAY OF ,959 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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 RESOLU- TION 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY CORPUS CH 4 STI,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING /gyp JAMES L. BARNARD MRS. RAY RAY AIRHEART JOSEPH B. DUNN ' PATRICK DUNNE R. A. HUMBMB LE GABE LOZANO, $R. n THE ABOVE ORDINANCE WAS PASSED BY THE / FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD " MRS. RAY AIRHEART JOSEPH B. DUNN all L_ PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR,