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HomeMy WebLinkAbout08870 ORD - 05/22/1968022 -68 1 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BATH AND ASSOCIATES FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ELECTRICAL SYSTEM IMPROVEMENTS AT WEST GUTH PARK AND AT THE CORPUS CHRISTI MARINA; APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $3� 000, APPLICABLE TO WEST GUTH PARK PROJECT, NO. 291 -b4 -1; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND THE SUM OF $7,000, APPLICABLE TO MARINA ACTIVITY NO. 4151, CODE 502; 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BATH AND ASSOCIATES FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ELECTRICAL SYSTEM IMPROVEMENTS AT WEST GUTH PARK AND AT THE CORPUS CHRISTI MARINA, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 291 PARK BOND FUND THE SUM OF $3,000, APPLICABLE TO WEST GUTH PARK PROJECT, No. 2g1 -64 -1, AND THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF N0. 102 GENERAL FUND THE SUM OF $7,000, APPLICABLE TO MARINA ACTIVITY No. 4151, CODE 502. SECTION 3. THE NECESSITY TO AUTHORIZE IMMEDIATE EXECUTION OF THE AFORESAID CONTRACT AND MAKE APPROPRIATION OF THE HEREINABOVE DESCRIBED FUNDS IN ORDER THAT THE PROJECTS MAY PROCEED WITHOUT DELAY 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 THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT 0 May 20 1968 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCCSIS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 291 Park Bond Fund Project No. 291 -64 -1, $3 OOO.No. 102, Marina Activity 4151 - $7,000 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRE OR OF F1 (11-- CORPUS CHRISTI, TEXAS A.2- DAY OF Mall. ' 19-01-1 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, JMAYOR r THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS CONTRACT FOR ENGIREER'S SERVICES 141E STATE OF TEXAS Q COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and Bath and Associates, hereinafter called "Engineer ", whether one or more, agree as follows: 1. SERVICES TO BE PERFORMED. The Engineer hereby agrees, at his own expense, to perform all engineering or related architectural services necessary to properly develop plans, specifications and estimates for construction of a utilities system for the Corpus Christi Marina to include relocation of electri- cal, telephone and water lines, filling of voids beneath surface and other nec- essary items as authorized by the City and to develop plans, specifications and estimates for a lighting and electrical distribution system in West Guth Park. 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 City, divide the project into separate stages, with the Engineer proceeding with the work in accordance with written order.as may be determined at said conference. The services of the Engineer shall include, but not be limited to the following: A. PRELIMINARY PHASE: (1) Scope of Basic Services: (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 layouts, sketches and report, where applicable, and the Engineer's specific recommendations; (d) Preparation of tentative cost estimates of the proposed construction. B. DESIGN PHASE: (1) Scope of Basic Services: (a) Field surveys for design of facilities in the area. (b) Planning any special surveys and tests which may be required for design; arranging for such work to be done directly for owner's account, and engineering interpretation of results of such investigations. (c) Furnishing to the owner, where applicable, the engineering data necessary for applications for permits required by local, state and federal authorities; (d) Preparation of detailed contract drawings and specifications for construction.authorized by the owner; (e) Preparation of detailed cost estimatek and bid- ders' proposals forms for authorized construction; (f) Cost of reproduction of plans and specifications, notice to bidders, and bidders' proposals, if re- quested by City, shall be borne by the City. (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; (i) Assistance in the engineering phases of the prepa- ration of formal contract documents for the award of contracts. C. CONSTRUCTION PHASE: (1) Scope of Basic Services: (a) Performing general supervision and administration of authorized construction (as distinguished from continuous resident field inspection), including periodic visits of the Engineer or a competent re- presentative of the Engineer to the site of the construction. In the administration of the project, the Engineer will endeavor to protect the owner against defects and deficiencies in the work of con- tractors but he does not guarantee the performance of their contracts; (b) Consultation and advise with the owner during con- struction; (c) Checking of shop and working drawings furnished by contractors; (d) Review of laboratory, shop and mill tests of materials and equipment; (e) Preparation or review of monthly and final estimates for payments to contractors; (f) Supervision of initial operation of the project or of performance tests required by specifications; (g) Making a final inspection of the project; (h) Revision of contract drawings to show the work as actually constructed. -2- 2. COST OF T1E PROJECT -- The Engineer shall make such revisions in the preliminary plans as may be required to reduce the estimated cost to such sum as the City shell 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 conference, said sum shall be prorated among the stages as determined at said conference. 3. COST OF THE PROJECT: FINAL BIDS -- The Engineer shall endeavor so to design the project that its total cost will not exceed the authorized sum by the City at the time of its approval of the preliminary plans and drawings. If no bid is received within this limitation in amount, the City may require the Engineer to make such revisions in the plans and specifications as may be necessary to reduce the total cost of construction to the Engineer's estimated cost. 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 ex- cept for increases in the costs of labor or materials during the period elapsing between the completion of preliminary plans and the opening of bids. 4. FEE -- The owner will pay to the Engineer a fee based upon the time required to prepare the plans and specifications at the following hourly rates, which shall constitute complete compensation for all services which he agrees to perform in this contract. This fee shall be payable monthly as the engineering work progresses. A. Engineering 12.00 per manhour B. Drafting 6.00 per manhour In no case will the total charges exceed the fee as recommended by the Texas Society of Professional Engineers fee schedule. 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 compen- sated for his service as follows: A. If termination occurs prior to the final completion of the project, the Engineer shall be paid for the services actually rendered by him. B. 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 agreement. -3- • C. If the Engineer should be unable to complete this contract due to death, illness, or any other cause beyond his reason- able control, he or his estate shall be compensated in the manner set forth above. 6. TECIiP1ICAL 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. 8. ASSIGNAEILITY -- The Engineer shall not assign, transfer or dele- gate any of his obligations or duties in this contract to any other person with- out the prior written consent of the City, except for routine duties delegated 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 complete, up -to -date drawings, from which reproductions may be made, together with a correct and legible set of specifications. EXECUTED IN TRIPLICATE, each of which shall be considered an original, this day of , 19 ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM MES DAY OF ,19 CITY ATTORNEY DIRECTOR OF FINANCE -4- CITY OF CORPUS CHRISTI By CITY MANAGER MONIHIMM01 �' 1 THE STATE OF TEXAS COUNTY OF NUECES 0 BEFORE ME, The undersigned authority, on this,day personally appeared , City Manager of the City of Corpus Christi, Texas, known to me, to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed, and in the capacity therein stated and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , lg Notary public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF. NUECES BEFORE ME, The undersigned authority, on this day personally appeared known tome to be the person whose name is subscribed to the foregoing instrument and acknowleged to me that the same was the act of the said A , 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. lg GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of -5- Notary Public in and for Nueces County, Texas