HomeMy WebLinkAbout16550 ORD - 09/23/1981sp;9/23/81 ;2d
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ATLEE CUNNINGHAM FOR INSPECTION SERVICES TO BE
PROVIDED DURING THE EXPANSION OF THE O.N. STEVENS
WATER TREATMENT PLANT, A SUBSTANTIAL COPY OF WHICH
AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; TO BE PAID OUT OF THE SUMS PRE-
VIOUSLY APPROPRIATED BY ORDINANCE NO. 16522, DATED
SEPTEMBER 9, 1981; 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
to execute an agreement with Atlee Cunningham for inspection services to be
provided during the expansion of the O.N. Stevens Water Treatment Plant, a
substantial copy of which agreement is attached hereto and made a part here-
of, marked Exhibit "A" to be paid out of the sums previously appropriated by
Ordinance No. 16522.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to public con-
venience and necessity to execute the aforesaid agreement for inspection
services for the expansion of the O.N. Stevens Water Treatment Plant, such
finding of an emergency is made and declared requiring suspension of the
Charter rule as to consideration and voting upon ordinances or resolutions
at three regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this 2 day of September,
1981.
ATTEST:
C Secretary
fIP�P�OVF�
�` Y OF SEPTEMBER, 1981
i;L/52144.4t.
. Bruce Aycock, Ci Attorney
16550
THE CITY OF CORPUS CHRISTI, TEXAS
SEP 2 71984
MICROFILMED
CONTRACT
ENGINEERS' SERVICES
THE STATE OF TEXAS X
COUNTY OF NOECES I
The City of Corpus Christi, hereinafter called "City", and Atlee Cunningham,
hereinafter called "Engineer", whether one or more, agree as follows:
1. SERVICES TO BE PERFORMED. The Engineer hereby agrees to perform
all engineering services related to resident inspections during the construction
phase of the 0. N. Stevens Water Filtration Plant for the City of Corpus Christi.
2. GENERAL SCOPE OF SERVICES TO BE PERFORMED. The services of the
Engineer shall include but not be limited to the following:
Construction Phase:
(1) Provide full time resident inspection on the project to insure compliance
with approved plans and specifications.
(2) Keep detailed records of the progress of construction.
(3) Comment on all shop drawings prior to their approval by McCaughan,
Etheridge & Webb.
(4) Provide field control of all material testing programs.
(5) Keep the City informed at all times during construction as to project
progress and any problems arising during construction.
(6) Consult with and advise the City's Design L�rgineers, McCaughan, Etheridge
& Webb, on various matters during construction.
(7) Provide all information on proposed change orders to the Contractor
as may become necessary. Final change orders to be prepared by McCaughan,
Etheridge & Webb.
(8) Review all Monthly Estimates with McCaughan, Etheridge & Webb before
submission to the City.
(9) Assist the City representatives and McCaughan, Etheridge & Webb during
the periodic visits to the job site.
(10) Assist in the final inspection of the project in company with a
representative of the City and/or McCaughan, Etheridge & Webb and make
recommendations to the City for final acceptance.
(11) Provide information to the Consultants, McCaughan, Etheridge & Webb,
to be used for the "As—Built" tracings.
(12) Provide at least monthly reviews of the contractors payroll to insure
compliance with the minimum wage requirements of the Contract.
(13) Provide daily reports on progress of construction.
(14) Establish basic survey controls for line and elevation staking.
(This is to be distinguished from the detailed setting of lines and grades for
specific structures of facilities.)
3. ENGINEERING FEES FOR SERVICES
The City and the Engineer agree to the following fees regarding Services
to be performed.
(a) Total fee for an estimated project duration
$117,000 (This fee takes into consideration the fact
be out of the Country for two months per year.)
(b) A fee of $4,500/month will apply should the
the 30 month period
•
of 30 months to be
that the Engineer will
project extend beyond
(c) The fee includes transportation to and from and within the project
site as required but does not include telephone costs, clerical assistance,
office space, stationery and other equipment required.
4. PAYMENT FOR SERVICES
The City agrees to pay the Engineer the fee indicated in (3a) above in
equal monthly installments of $4,500/month until project completion. Should
the project be completed before the expiration of 30 months, then the City
and the Engineer agree that the fee be adjusted to reflect the actual fee
based on$4,500/month times the duration of the project less the time the
Engineer will be out of the Country.
5. COOPERATION WITH CONSULTANTS
The Engineer agrees to cooperate fully with the City's Design consultants,
McCaughan, Etheridge & Webb,during the duration of the construction project.
Any conflicts which may rise during construction must be reviewed with
McCaughan, Etheridge & Webb for resolution. Any conflict arising which relates
to any changes in the design and specifications of the project must not only
be resolved with the consultants but the City as well. For the purpose of
this Section,the Cityisdefined to mean the Assistant City Manager of Physical
Operations and his Assistants (including the Director of Public Utllities and
the Water Superintendent.)
6. TERMINATION OF CONTRACT
The City may at any time, with or without cause, terminate this contract.
Engineers' Services
Atlee Cunningham
Page No. 2
•
In this event the Engineer shall be compensated for his services up to the
effective date of termination at the rate of $4,500/month less amount
previously paid.
7. ASSIGNABILITY
The Engineer shall not assign, transfer or delegate any of his obligations
or duties in this contract to any other person without the prior written
consent of the City. No part of the Engineer's fee may be assigned in advance
of receipt by the Engineer without written consent of the City.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this the day of
1981.
ATTEST:
City Secretary
APPROVED:
day of . 1981
J. BRUCE AYCOCK, CITY ATTORNEY
By:
ames K. Lontos,
Assistant City Manager
Engineers' Services
Atlee Cunningham
Page No. 3
THE CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
ATLEE CUNNINGHAM
Corpus Christi, as
23 day ;.i , 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Counc ers
Respectfully,
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foll.wing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Or. Charles W. Kennedy
Cliff Zarsky
16550