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