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HomeMy WebLinkAbout05519 ORD - 10/14/1959JKH:10 -6 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT, FOR AND ON BEHALF OF THE CITY, WITH REAGAN AND McCAUGHAN, ENGINEERS, FOR ENGINEER- ING SERVICES FOR DESIGN AND CONSTRUCTION OF A G UND STORAGE RESERVOIR TOGETHER WITH THE N C SSA MAIN AN D IN G FACILITIES IN THE SOUTH PART OF THE'CITY; APPROPRIATING THE S OF -00 OU OF N0. WATER FUND FOR REIMBURSEMENT UPON THE SALE OF THE AUTHORIZED WATERWORKS REVENUE BONDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, Ai CONTRACT WITH REAGAN $ MCCAUGHAN, ENGINEERS, FOR ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF A GROUND STORAGE RESERVOIR,TOGETHER WITH THE NECESSARY MAINS AND PUMPING FACILITIES, IN THE SOUTH PART OF THE CITY, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE SUM OF $148,500.00 IS HEREBY APPROPRIATED OUT OF NO. 141 WATER FUND, FOR REIMBURSEMENT UPON THE SALE OF THE AUTHORIZED WATERWORKS REVENUE BONDS. SECTION 3. THE NECESSITY FOR IMMEDIATE COMMENCEMENT OF WORK ON THE PROJECT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDI- NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT �FR/OP AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAIN , THIS THE J �DAY OF OCTOBER, 1959. ATTES' MAYOR THE CITY OF CORPUS C41STI, TEXAS CITf SEC E RY APP VED AS TO LEGAL FORM THIS /J DAY OF OCTOBER , 19559: TY ATTORNEY 5519 t . CONTRACT FOR ENGIREMS SERVICES THE STATE OF TEXAS j COUNTY OF NUECES - I I fTHE CITY OF CORPUS CMRISTI, HEREINAFTER CALLED "CITY", AND HEREINAFTER CALLED °ENGINEER °p WHETHER ONE OR MORE, AGREE AS FOLLOWS: f 1. SERVICES TO BE PERFORMED. THE ENGINEER HEREBY AGREES, AT }k HIS OWN EXPENSE, TO PERFORM ALL ENGINEERING OR RELATED ARCHITECTURAL SER- VICES NECESSARY TO PROPERLY DEVELOP, CONSTRUCT AND COMPLETE THE FOLLOWING i PROJECT: I k Dielio a" CMMTM/CTlM1 w a Guam s""" ltlullmil ..Til0 wills q, i I Volt omu"" *All* so molus lApil.ITUI! IM To own pmv or Va CITY, 00, � \ "Ill"m AM CM V"CTR9 " To 169 w 1111114rIT To in CITY " A WWI's an Vb V , Sown 4lllt IN T;ANTItYI.a« \ j IT IS CONTEMPLATED THAT A PRELIMINARY CONFERENCE BETWEEN THE CITY AND THE ENGINEER SHALL OUTLINE THE DETAILS OF THE PROJECT AND IF DESIRED BY THE I� , CITY, DIVIDE THE PROJECT INTO SEPARATE STAGESp WITH THE ENGINEER PROCEEDING Illi WITH THE WORK IN ACCORDANCE WITH WRITTEN ORDER AS NAY BE DETERMINED AT SAID CONFERENCE. - I I THE SERVICES OF THE ENGINEER SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: I I A. PRELIMINARY PHASE: - I � (1) SCOPE OF BASIC SERVICES: f(A) PARTICIPATION IN PRELIMINARY CONFERENCES WITH - THE -OWNER REGARDING THE PROJECT; (B) PREPARATION OF PRELIMINARY ENGINEERING STUDIES DIRECTLY RELATED TO AND PART OF THE PRELIMINARY DESIGN WORK BEING CONSIDERED; (C) PREPARATION OF FIVE COPIES OF PRELIMINARY LAY- OUTS, SKETCHES AND REPORT, WHERE APPLICABLE, AND -THE ENGINEER'S SPECIFIC RECOMMENDATIONS; (D) PREPARATION OF TENTATIVE COST ESTIMATES OF THE PROPOSED CONSTRUCTION. I I � I I A i B. DESIGN PHASES (1) SCOPE OF BASIC SERVICESS (A) FIELD SURVEYS FOR DESIGN OF STRUCTURES OF LIMITED AREA, SUCH AS BUILDINGS; BUT NOT TO INCLUDE CLEAR- ING OR SURVEYS OUTSIDE OF AREA OF STRUCTURE; (B) PLANNING ANY SOIL BORINGS OR SUBSURFACE EXPLORA- TIONS 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 EN- GINEERING INTERPRETATION OF RESULTS OF SUCH INVESTI- GATIONS. (C) FURNISHING TO THE OWNER, WHERE APPLICABLE, THE EN- GINEERING DATA NECESSARY FOR APPLICATIONS FOR PER- MITS REQUIRED BY LOCAL, STATE AND FEDERAL AUTHORI- TIES; (D) PREPARATION OF DETAILED CONTRACT DRAWINGS ON LIN- EN, AND SPECIFICATIONS FOR CONSTRUCTION AUTHOR- IZED BY THE OWNER; (E) PREPARATION OF DETAILED COST ESTIMATES AND BIDDERS' PROPOSALS FORMS FOR AUTHORIZED CONSTRUCTION; (F) FURNISHING FIVE COPIES OF PLANS, AND 50 SETS OF SPECIFICATIONS, NOTICES TO BIDDERS, AND BIDDERS' PROPOSALS; ADDITIONAL COPIES OF PLANS, IF REQUESTED BY CITY, SHALL BE FURNISHED AT ENGINEER'S COST OF REPRODUCTION; (G) ASSISTANCE TO THE OWNER IN SECURING BIDS; (H) ASSISTANCE IN THE TABULATION AND ANALYSIS OF BIDS AND FURNISHING RECOMMENDATIONS ON THE AWARD OF CONSTRUCTION CONTRACTS; (1) ASSISTANCE IN THE ENGINEERING PHASES OF THE PREPA- RATION OF FORMAL CONTRACT DOCUMENTS FOR THE AWARD OF CONTRACTS. C. CONSTRUCTION PHASE'. $L6PE'OF.BASJC'SERHiCESt (A) PERFORMING GENERAL SUPERVISION AND ADMINISTRA- TION OF AUTHORIZED CONSTRUCTION (AS DISTINGUISHED FROM CONTINUOUS RESIDENT FIELD INSPECTION), IN- CLUDING PERIODIC VISITS OF THE ENGINEER OR A COM- PETENT REPRESENTATIVE OF THE ENGINEER TO THE SITE OF CONSTRUCTION. IN THE ADMINISTRATION OF THE PROJECT, THE ENGINEER WILL ENDEAVOR TO PROTECT THE OWNER AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS BUT HE DOER NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS; (B) CONSULTATION AND ADVICE WITH THE OWNER DURING CONSTRUCTION, (C) CHECKING OF SHOP AND WORKING DRAWINGS FURNISHED BY CONTRACTORS; -2- (D) REVIEW OF LABORATORY, SHOP AND MILL TESTS OF MATERIALS AND EQUIPMENT; (E) PREPARATION OR REVIEW OF MONTHLY AND FINAL ESTI- MATES FOR PAYMENTS TO CONTRACTORS; (F) SUPERVISION OF INITIAL OPERATION OF THE PROJECTS OR OF PERFORMANCE TESTS REQUIRED BY SPECIFICATIONS; (G) MAKING A FINAL INSPECTION OF THE PROJECT; (H) REVISION OF CONTRACT DRAWINGS, WITH THE ASSISTANCE OF THE RESIDENT ENGINEERS TO SHOW THE WORK AS ACTUALLY CONSTRUCTED WHICH DOES NOT REQUIRE FIELD WORK OR MEASUREMENTS FOR THIS PURPOSE OR REDRAWING OF SHEETS. 2. COST OF THE PROJECT - -- PRELIMINARY ESTIMATE. THE CITY HAS BUDGETED THE SUN OF DOLLARS)FOR THE CONSTRUCTION OF THIS PROJECT]EXCLUSIVE OF ENGINEERING AND LEGAL EXPENSES. THE ENGINEER SHALL MAKE SUCH REVISIONS IN THE PRELIMINARY PLANS AS MAY BE REQUIRED TO REDUCE THE ESTIMATED COST TO THE BUDGETED AMOUNT OR TO SUCH GREATER SUM AS THE CITY SHALL CONSIDER ACCEPTABLE. THE CITY SHALL NOT BE OBLIGATED TO ACCEPT THE PRELIMINARY PLANS AND DRAWINGS UNTIL THIS IS DONE. IN THE EVENT THE PROJECT IS DIVIDED INTO STAGES AT SAID PRELIMINARY CONFERENCES SAID BUDGETED SUM SHALL BE PRORATED AMONG THE STAGES AS DETERMINED AT SAID CONFERENCE. - - - 3. COST OF THE PROJECT: FINAL BIDS. THE ENGINEER SHALL EN- DEAVOR SO TO DESIGN THE PROJECT THAT ITS TOTAL COST WILL NOT EXCEED THE BUDGETED AMOUNT STATED IN THE FOREGOING PARAGRAPH; OR IF A GREATER SUM 13 AUTHORIZED BY THE CITY AT THE TIME OF ITS APPROVAL OF THE PRELIMINARY PLANS AND DRAWINGSS NOT IN EXCESS OF THAT AMOUNT. IF AT THE TIME BIDS ARE RE- CEIVED NO BID IS RECEIVED WITHIN THIS LIMITATION IN AMOUNT, THE CITY MAY REQUIRE THE ENGINEER TO MAKE SUCH REVISIONS IN THE PLANS AND SPECIFICA- TIONS AS MAY BE NECESSARY TO REDUCE THE TOTAL COST OF CONSTRUCTION TO THE BUDGETED AMOUNT. THIS SHALL NOT BE CONSTRUED TO REQUIRE THE ENGINEER TO MAKE ANY SUCH REVISIONS IF HIS PLANS AND SPECIFICATIONS WOULD COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH EXCEPT FOR INCREASES IN THE COSTS OF LABOR OR MATERIALS DURING THE PERIOD ELAPSING BETWEEN THE COMPLETION OF PRELIMINARY PLANS AND THE OPENING OF BIDS. -3- 4. FEE. THE OWNER WILL PAY TO THE ENGINEER A FEE OF �1YE" PERCENT OF THE CONTRACT PRICE FOR THE CONSTRUCTION OF THE PROJECTOR SUCH PHASES THERE- OF AS HAVE BEEN AUTHORIZED, WHICH SHALL CONSTITUTE COMPLETE COMPENSATION FOR ALL SERVICES WHICH HE AGREES TO PERFORM IN THIS CONTRACT. THIS FEE SHALL BE PAYABLE AS FOLLOWS: - A. 20% UPON THE APPROVAL AND ACCEPTANCE BY THE CITY OF THE PRELIM- INARY PLANS AND SKETCHES MEETING THE REQUIREMENTS OF PARAGRAPH 2 ABOVE. FOR THE PURPOSE OF THIS PAYMENT THE FEE SHALL BE BASED UPON THE BUDGETED AMOUNT OF THE CONTRACT. AFTER THE CONTRACT IS LET,AN ADJUSTMENT SHALL BE MADE BETWEEN THE BUDGETED AMOUNT AND THE ACTUAL CONTRACT COST. B. AN ADDITIONAL 55% UPON THE COMPLETION OF DETAILED FINAL PLANS AND SPECIFICATIONS MEETING THE REQUIREMENTS OF PARAGRAPH 3 ABOVE. IF BIDS HAVE NOT BEEN SOLICITED BY EO DAYS AFTER THE COMPLETION OF DETAILED PLANS AND SPECIFICATIONS TO WHICH THE CITY HAS NO REASONABLE OBJECTION, THIS 55% OF THE FEE SHALL BE PAYABLE AT THAT TIME. IN THIS EVENT IT WILL BE BASED ON THE BUDGETED AMOUNT OF THE CONTRACT. C. 25% OF THE FEE SHALL BE PAID DURING THE COURSE OF CONSTRUCTION IN MONTHLY PAYMENTS. EACH MONTHLY PAYMENT SHALL BEAR A RELA- TION TO THE AMOUNT PAID ON THE CONSTRUCTION CONTRACT WHICH IS THE SAME AS 25% OF THIS SAID FEE BEARS TO THE TOTAL CONSTRUC- TION COST. IT ;l. AGRCCS3 tIMAT tHi GUM OF $1500.00 HAS ALRCADT OECU PAID SY THE City AND $14ALL CC ALLOWCO AS A CRE011' ON THC i'CE9 Out AND 10 OCZOME, DUE Ut Orj% THC TCRHS OF 16141 CONTRACT* 5. TERMINATION OF CONTRACT. THE CITY MAY AT ANY TIME, WITH OR WITH- OUT CAUSE, TERMINATE THIS CONTRACT. IN THIS EVENT THE ENGINEER SHALL BE COM- PENSATED FOR HIS SERVICE AS FOLLOWS: A. IF TERMINATION OCCURS PRIOR TO THE FINAL COMPLETION AND AP- PROVAL OF THE DRAWINGS AND SPECIFICATIONS, THE ENGINEER SHALL BE PAID A REASONABLE COMPENSATION FOR THE SERVICES ACTUALLY RENDERED BY HIM BUT IN NO EVENT MORE THAN THE FEE FOR THE PRE- LIMINARY PHASE AND DESIGN PHASE OF THE PROJECT OR SUCH STAGE OR STAGES THEREOF AS THE CITY HAS ORDERED. B. IF TERMINATION OCCURS AFTER FINAL COMPLETION AND APPROVAL OF THE DRAWINGS AND SPECIFICATIONS, THE FEE OF THE ENGINEER SHALL BE 75� OF THE TOTAL FEE BASED ON ENGINEER IS CONSTRUCTION ESTI- MATE SUBMITTED WITH THE DESIGN PHASE. C. IF TERMINATION OCCURS AFTER THE LETTING OF THE CONTRACT, BUT PRIOR TO FINAL COMPLETION OR ACCEPTANCE BY THE CITY, THE FEES OF THE ENGINEER SHALL BE COMPUTED IN ACCORDANCE WITH THE PRO- VISIONS OF PARAGRAPH 4 OF THIS CONTRACT TO THE DATE OF TERMINA- TION. D. THE FOREGOING SHALL NOT BE CONSTRUED TO REQUIRE THE CITY TO COMPENSATE THE ENGINEER FOR ANY SERVICES NOT PERFORMED IN A PROPER PROFESSIONAL MANNER SUITABLE FOR USE IN THE CONSTRUC- TION OF THE PROJECT CONTEMPLATED BY THE PARTIES TO THIS AGREE- MENT. . -4- E. IF THE ENGINEER SHOULD BE UNABLE TO COMPLETE THIS CONTRACT DUE TO DEATH, ILLNESS, OR ANY OTHER CAUSE BEYOND HIS REASONABLE CONTROL, HE OR HIS ESTATE SHALL BE COMPENSATED IN THE MANNER SET FORTH ABOVE. 6. TECHNICAL ASSISTANCE AND CONSULTATIONS. THE CITY SHALL NOT PAY THE FEES OF EXPERT OR TECHNICAL ASSISTANTS AND CONSULTANTS UNLESS SUCH EMPLOY- MENT, INCLUDING THE RATE OF COMPENSATION, HAS BEEN APPROVED IN WRITING BY THE CITY. 7. TIME AND ORDER OF ENGINEER'S SERVICES. THE ENGINEER SHALL FUR- NISH THE DOCUMENTS AND PERSONALLY RENDER OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TIMES AS MAY BE NECESSARY TO INSURE THE PROMPT AND CONTINUOUS DESIGN AND CONSTRUCTION OF THE PROJECT. THE ENGINEER AGREES TO FURNISH THE COMPLETED DRAWINGS AND SPECIFICATIONS FOR FINAL APPROVAL OF THE CITY NOT LATER THAN DAYS FROM THE DATE OF THIS AGREEMENT. 8. ASSIGNABILITY. THE ENGINEER SHALL NOT ASSIGN, TRANSFER OR DELE- GATE ANY OF HIS OBLIGATIONS OR DUTIES IN THIS CONTRACT TO ANY OTHER PERSON WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY, EXCEPT FOR ROUTINE DUTIES DELE- GATED TO PERSONNEL ON THE ENGINEER'S STAFF. IF THE ENGINEER IS A PARTNERSHIP, IN THE EVENT OF THE TERMINATION OF THE PARTNERSHIP, THIS CONTRACT SHALL INURE TO THE INDIVIDUAL BENEFIT OF SUCH PARTNER OR PARTNERS AS THE CITY MAY DESIGNATE. NO PART OF THE ENGINEER'S FEE MAY BE ASSIGNED IN ADVANCE OF RECEIPT BY THE ENGINEER WITHOUT WRITTEN CONSENT OF THE CITY. 9. OWNERSHIP OF DOCUMENTS. UPON THE COMPLETION OF THE PROJECT (OR UPON THE TERMINATION OF THIS CONTRACT, IF PREVIOUSLY TERMINATED) THE ENGINEER SHALL FURNISH TO THE CITY, IN A SUITABLE CONTAINER FOR FILING, THE ORIGINAL TRACING, OR REPRODUCTIONS, ON LINEN SHOWING ALL FIELD CHANGES FROM WHICH RE- PRODUCTIONS MAY BE MADE, OF ALL DESIGNS AND DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS. EXECUTED IN TRIPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS DAY OF , ig- ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF a 1J : REAGAN & McCAUGHAN ENGINEER CITY ATTORNEY BYt� DIRECTOR, OF FINANCE -5- THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON -THIS DAY PERSONALLY AP- PEAKED - - - - , CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO NE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY. - _ .- GIVEN UNDER MY HASID AND SEAL OF OFFICE, THIS DAY of , 19 . NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- PEAKED F. A. McCaughan , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT THE SAME WAS THE ACT OF THE SAID ---Reagan & McCaughan , A Partnership , AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH FIRM FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. - -- GIVEN UNDER PAY HAND AND SEAL OF OFFICE, THIS 12th DAY OF October 19-L9 . DORMGARZA L-.-) NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS _6_ i ia_6_s9 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. / gl W44, Hand from which it is proposed to be drawn, and such money is not appropriated for any other purpose. q! �d--t.c 13. Director of Finance I I I I CORPUS TEXAS - DAY OF , 191 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 13 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-REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, S R THE CITY C PUS C141STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DONNE R. A. HUMBLE GABE LOZANO, SR, 1p THE ABOVE ORDINANCE WAS PASSED BY TH6 FDLL INO VQTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.