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HomeMy WebLinkAbout19630 ORD - 02/05/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH MAVERICK ENGINEERING COMPANY FOR THE DESIGN OF AGNES STREET FROM PORT AVENUE TO AIRPORT ROAD; APPROPRIATING $169,680; 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 hereby authorized to execute a contract with Maverick Engineering Company for the design of Agnes Street from Port Avenue to Airport Road, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $169,680 from the No. 561 Street Bond Fund, applicable to Project No. 561-86-21.1, Agnes Street/Port Avenue to Airport Road. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned contract at the earliest practicable date, 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 measure this the 1,144, day of .1)611)4 , 19g7 . ATTEST: ty ecretary APPROVED:. S DAY OF HAL GEORGE, CITY ATTORNEY By Assistant City j,�rney 03P.037.01 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ,19S1 1%30 MICROFILMED CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City" and Maverick Engineering Company,_ Consulting Engineers, hereinafter called "Engineer", agree as follows: I. SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop studies, plans and specifications and provide inspection and contract administration as hereinafter specified for the reconstruction and widening of Agnes Street from Airport Road to Port Avenue. II. SCOPE OF SERVICES Engineer's services for Section I will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1982 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. Preliminary Phase: 1. Review of the Preliminary Design Report as prepared by Goldston Engineering dated April, 1984. 2. Confer with City representatives regarding the proposed project. 3. Recommend a pavement design section if different from the Goldston Report. 4. Recommend a storm drainage layout if different from the Goldston Report. 5. Prepare preliminary right-of-way acquisition map(s), if necessary. 6. Prepare preliminary cost estimate. B. Design Phase 1. Acquire all permits required by any local, State or Federal authorities. 2. Secure necessary field surveys to effect plan preparation. 3. Prepare detailed contract plans and specifications for construction. City shall furnish screened planimetric plan view drawings at a 1"=20' scale on mylar for plan preparation, reproducible standard detail sheets, standard legends and an example set of plans and specifications. Furnish all necessary copies of plans, specifications and proposal documents to the City for advertising for bids (City estimates a maximum of 30 sets of advertising documents will be required). 4. Prepare estimates of cost and quantities. 5. Assist City in securing bids and prepare bid tabulation sheet. Engineering Services - Maverick Engineering Co. Agnes Street - Airport Road to Port Avenue Page 1 of 6 6. Prepare bid tabulation, analyze bids and make recommendation concerning award of contract. 7. In the event the lowest bid exceeds the project budget cost, confer with City and make revisions as is necessary and satisfactory to City for the readvertising of the project for bids. C. Construction Phase: 1. Check shop and working drawings when required and furnished by contractor. 2. Attend the pre -construction conference. 3. Consultation with the City and advise during construction. 4. Provide any field data acquired during the design phase which may be necessary for construction staking. City forces to provide construction staking. (Construction testing shall be arranged for and paid by the City.) 5. General observations of the work and interpretation of the plans and specifications by periodic visits (as distinguished from the continuous services of a resident project representative) to the site. Periodic visits shall mean a minimum of one project visit weekly of a two hour duration during the Construction Phase. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of the contractor, but he cannot guarantee the performance of the contractor nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. Day to day inspection services shall be provided by the City as is customary for infrastructure construction which will be •maintained by the City. 6. Preparation of change orders and monthly and final estimates for payment to the contractor, based on contractor's submittal. 7. - Represent the City in interpreting and rendering decisions on the requirements of the contract documents and claims or disputes between the contractor and the City, to include any disputes or claims made by the City against the contractor within one year of the final inspection; instruct the contractor on behalf of the City (including preparation of supplementary drawings or instructions required to effectuate the intent of the contract documents). 8. Conduct the Final Inspection in conjunction with City Engineering personnel. 9. Revision of the construction drawings to show the project as actually constructed and the furnishing of "As -Built" reproducible drawings. D. Required Coordination Efforts: In addition to the routine coordination of this project with a designated representative of the Director of Engineering Services, direct coordination efforts shall occur with the following: Engineering Services - Maverick Engineering Co. Agnes Street - Airport Road to Port Avenue Page 2 of 6 1. Voluntary Paving Activity (Department of Engineering Services) will provide name and address of adjacent property owners for assessment purposes. Name, address and frontage dimension shall appear on plans along with widths of each driveway. 2. Traffic Engineering - adjustment and/or elimination of head -in parking areas, Traffic Control Plans, Signalization Improvements. 3. Texas Mexican Railroad Company - input for construction which affects their facilities. Prepare agreements authorizing City to cross railroad facilities. 4. City Utilities (Water, Wastewater, Gas) - Preliminary - location of existing facilities. Design - relocation and/or adjustment of facilities. Water and Wastewater relocations and/or adjustments to be included in plans and specifications for bidding. 5. Other Utilities - Preliminary - location of existing facilities. Design - provide plans so that planning and implementation of any adjustments and/or relocations can occur without delaying construction. E. Special Services: This contract includes the furnishing of geotechnical services by the Engineer in the form of subsurface investigations, laboratory testing and report analysis of such information to assist in determining the required pavement section. City agrees to pay Engineer a sum not to exceed Three Thousand Six Hundred Eighty Dollars ($3,680.00) for such services. This sum is in addition to the Basic Fee as outlined in Section III, Paragraph A herein. The City is to receive three (3) copies of all laboratory reports and other summary reports prepared under this item. Surveying for all design work under this Contract is not considered a Special Service but is required and is fully compensated for and included in the Basic Fee outlined in Section III, Paragraph A herein. F. Project Budget The City has budgeted $3,000,000 for this project as included in the street proposition of the April, 1986 bond referendum. This figure includes construction costs, engineering fees, construction testing, inspection services, contingencies and related items. G. Order of Services Engineer agrees to begin work immediately after written authorization from the City and to complete the Preliminary Phase within 30 calendar days after authorization; the Design Phase will be completed within 150 calendar days of written notice by the City to proceed with this phase. III. FEE A. Fee for Basic Services Engineering Services - Maverick Engineering Co. Agnes Street - Airport Road to Port Avenue Page 3 of 6 The fee for performing the Basic Engineering Services will be as follows: The City will pay the Engineer a fixed fee of One Hundred Sixty Six Thousand Dollars ($166,000.00) providing for all services (except Special Services) in this Contract. This fee will be full and total compensation for all services outlined in this Contract including additional work which may be added during construction by change order to existing contracted work provided that work specified by change order is in keeping with the original scope of work and is normal and incidental to the type of construction proposed. Fees for Special Services are outlined in Section II, Paragraph E, of this Contract. B. Payment of Fee for Basic Services The fee for Basic Services is to be due and payable as follows (said services listed above): 1. In the Preliminary Phase For services rendered under the Preliminary Phase as described above for work authorized by the City, 25% of the fixed fee shall be due and payable. Approval of preliminary layouts and cost estimates. 2. In the Design Phase (for Work as Authorized by the City) For services rendered under the Design Phase, as described above, an amount equal to 60% of the fixed fee for work authorized by the City shall be due and payable. Payment may be made on a monthly basis, based on submitted invoices. 3. Construction Phase • • For services rendered under the Construction Phase, as described above, an amount equal to 15% of the fixed fee (excluding survey services) for those portions of the work covered by construction contracts shall be due and payable based on monthly estimates of work performed by the contractor. IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this Contract upon seven days written notice to the other at the address of record. In this event, the Engineer shall be compensated for his services on all stages authorized as follows: A. If termination occurs prior to the final completion and approval of drawings and specifications, the Engineer shall be paid a reasonable compensation for the services actually rendered by him in accordance with the above described schedule of fees and in proportion to the amount of work done on such stages or phases as has been authorized. Engineering Services - Maverick Engineering Co. Agnes Street - Airport Road to Port Avenue Page 4 of 6 B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 85% of the fixed fee. 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 provisions of Sections III and IV of this Contract to the date of termination. 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 construction of the project contemplated by the parties to this Contract. V. RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein for the improvement project is determined to be substantially different from the description of services of construction budget contained herein, the fees set forth in this Contract shall be renegotiable only insofar as this Contract pertains to the project or projects so determined to be substantially different. Fees for projects determined to be substantially in'accordance with descriptions and budgets contained herein shall not be renegotiable. VI. ENGINEER'S LIABILITY Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents and consultants, for the accuracy and competency of their designs, working drawings, and specifications or other documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications or other documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. VII. OWNERSHIP OF DOCUMENTS Upon completion of the project (or upon termination of this Contract, if previously terminated), the Engineer shall furnish to the City, in a suitable container for filing, "record drawings", reproduced on linen or mylar drafting film from the original drawings, together with a correct and legible set of specifications. VIII. 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, except for routine duties delegated to personnel of the Engineer's staff. If the Engineer is a partnership, in the event of Engineering Services - Maverick Engineering Co. Agnes Street - Airport Road to Port Avenue Page 5 of 6 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. IX. TECHNICAL ASSISTANCE AND CONSULTATIONS The City shall not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. X. DISCLOSURE OF INTERESTS Engineer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Contract, the Disclosure of Interests form attached hereto. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 19 . ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Craig A. McDowell, City Manager APPROVED: MAVERICK ENGINEERING COMPANY CONSULTING ENGINEERS day of , 19 Assistant City Attorney By: Title: Engineering Services - Maverick Engineering Co. Agnes Street - Airport Road to Port Avenue Page 6 of 6 CITY OF CORPUS CHRISTI, TEXTS ci PIFICATION OF FUNDS (City Charter Article IV Section 21) January 29, 1987 I certify to the City Council that $ 169,680 - ,the amount required for . the contract, agreement, obligation or expenditures contemplated in the above ' and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Project No. No. 561 Street Bond Fund 561-86-21.1 Project Name Agnes Street/Port Avenna to Airport Road from which it is proposed to be drawn, and such money is not appropriated for any other, Purpose. 19 W l abs Dir�Finance FIN 2-55 Revised 7/31/69 4 , 0 OOO, OV /I ,, ,i6-.06767 ; Corpus Christi, Texas 17 day of ,° Qihukiiitt,, , 198j 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, Respectfully, MAYO Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero 'Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 99.045.01 19&0