Loading...
HomeMy WebLinkAbout11403 ORD - 03/28/1973JR11011 3/;26/ j3 1,:T AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CALLINS, HAGGARD, & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE DESIGN OF THE CORPUS CHRISTI MUNICIPAL SERVICE CENTER: EMERGENCY GENERATOR FACILITIES, PROJECT NO. 207 -72 -4, AS MORE FULLY SET FORTH 1N THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE NO. 207 PUBLIC BUILDING BOND FUND $6,240 FOR THE AFORESAID SERVICES; 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 ACONTRACT WITH CALLINS, HAGGARD, & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE DESIGN OF THE CORPUS CHRISTI MUNICIPAL SERVICE CENTER: EMER- GENCY GENERATOR FAGILITIES, PROJECT N0. 207 -72 -4, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART - HEREOF, MARKED EXHIBIT "A ". SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $6;240 OUT OF THi ND. 207 PUBLIC BUILDING BOND FUND FOR THE AFORESAID SERVICES. SECTION 3. THE NECESSITY TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES AND TO APPROPRIATE THE NECESSARY FUNDS AT THE EARLIEST POSSIBLE TIME CREATES A PUBLIC EMERGENCY AND 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 BUT 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE g DAY OF 19 ATTEST:---% I _ 11403 t 4 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES , THIS AGREEMENT, made and entered into this day of 1973, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation,' acting herein by and through its City Manager, duly authorized to act, hereinafter called the "City ", and Ca]lins' Haggard & Associates, Inc., Consulting Engineers, Of Corpus Christi, Texas, hereinafter called the "Engineer ". W I T N E S SETH THAT WHEREAS, the City intends to install emergency power generation capability at the Corpus Christi Municipal Service Center in the City of Corpus Christi, Texas and that the scope of said installation shall include but not be limited to the following; (1) Performance of necessary field work to determine electrical loads for emergency areas and equipment as specified by City personnel (2) Plan emergency generator capability to sever critical portion or in some cases all of (a) Garage facilities (b) Communication facilities (c) Sanitation and Street operations (d) Equipment maintenance (3) Develop plans for,supervise installation of such emergency genera- tor facility and provide control panels and fuel systems with au- tomatic transfer scheme if automatic transfer can be obtained within budget. AND WHEREAS, in connection with the above listed scope of work at the Municipal Service Center the City employs the said Engineer and said City and Engineer agree as follows; I• Phase I - Preliminary Phase The Engineer agrees to do the following work related to the installation of emergency power capability; (1) Review the project with appropriate agency or agencies of the City. (2) Counsel with the City agency or agencies about the general plan and Scope of improvements, • (3) Prepare preliminary schematics. (4) Develop preliminary floor plans of Generator Housing Building if one is recommended (5) Prepare preliminary cost estimates for the project and submit said estimates to the City. I?• Phase II - Detailed Plans and Specification Phase After the City has determined and approved the scope of the work to be Performed, then the Engineer will be authorized to proceed with Phase II of project and the Engineer then agrees to perform the following work: (1) Prepare from approved preliminary designs the detailed plans and specifications. (2) Develop working drawings to large scale. 1/8" scale will be accept- able. (3) Make necessary field surveys required for drawing plans and speci- fications. (4) Prepare large scale working drawing for structural, mechanical, electrical, plumbing, heating, and ventilating systems, air - conditioning, etc. (5) Submit large scale drawing and system to City for approval. (6) Re- e-valuate and adjust the estimate of probable construction cost, if required. (7) Confer with City regarding detailed plan. (8) The Engineer will make an evaluation of gas power generation as well as diesel to the City and in no event shall plans be approved with- out this evaluation. (9) Prepare necessary bidding information and contract documents in accordance with City established procedure. (10) Provide City with five (5) copies of approved plans and thirty -five (35) copies of specifications for the project. (11) Assist City in securing bids based upon construction documents. (12) Assist the City in evaluating proposals and awarding contracts. (13) Prepare final contract documents after award of contract for the review and approval of City. III• Construction Administration Phase (1) Provide construction administration as set forth in General Pro- visions of contract. (2) Make periodic visits to the job site to determine whether work is Proceeding in accordance with the contract document. (3) Review shop drawing submitted.by contractor for the project and -recommend approval to City. (4) Review laboratory reports, if required. (5) Interpret construction documents if needed to the contractor. (6) Prepare monthly construction estimate and submit to the City for Payment. (7) Prepare change orders on the project and submit to City and con- tractor for approval. (8) Deliver to the City all certificates of inspecting authorities, equipment operating manuals, bonds, guarantees, and related docu- ments (9) Make final review on project with appropriate City officials and make recommendation for acceptance. (10) Deliver to the City "As ,Built" Construction Drawing upon completion Of project in original reproducible form. IV. COST OF THE PROJECT - PRELIMINARY ESTIMATE. The City has budgeted the sum of Sixty Thousand Dollars for the construction of this project, inclusive of engineering and legal expenses. The Engineer shall make such revisions in the pre- liminary 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 confer- ence, said budgeted sum shall be prorated among the stages as determined at said conference. V. COST OF TRiE PROJECT - FIRU SIDS. The Engineer shall endeavor 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 is authorized by the City at the tiule of its approval of the Preliminary plans and drawings, not in excess of that • 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 the 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 provi- sion 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. VI. FEE. The owner will pay to the Engineer a fee of twelve percent (12%) of the contract price for the construction on the project; or such stages or phases Of stages thereof as have been authorized, which shall constitute complete com- pensation for all services which he agrees to perform in this contract. "Con- struction Cost" is defined as the total cost to the owner for the execution of the work authorized at one time and handled in each separate phase of engineering services; excluding fees or other cost for engineering and legal service, the cost of land, rights -of -way, legal and administrative expenses; but including the direct cost to the owner of all construction contracts, items of construction, including labor, materials and equipment, required for the completed work (including extras) and the total value at site of project of all labor, materials and equipment pur- chased or furnished directly by the owner for the project. In the event the pro- ject is increased or decreased in scope, then the fee will be adjusted accordingly on Curve 6 of the Manual of Engineering practice and such fee will be based on ac- tual construction cost. A. 20,0 of the basic fee of twelve percent upon completion and acceptance by the City of the preliminary plans, sketches, and cost estimates, meeting the requirements of paragraph I. This portion of the fee will be based on the budgeted amount of 'the contract or on the preliminary estimate of cost, whichever is the lesser amount. D. 650 of the basic fee of twelve percent upon the completion and acceptance by the City of- detailed final plans and specifications meeting the requirements of paragraph II above of such stages as have been authorized. If bids have not been solicited by 120 days after the completion of detailed plans and specifications to which the City has no reasonable objection, this 65% of the fee shall be payable at that time. In this event it will be based on the budgeted amount of the contract or on the detailed construction cost estimate, whichever is the lesser amount. C. 150 of the basic fee of twelve percent shall be paid during the course of construction in monthly payments. Each monthly Payment shall bear a relation to the amount, paid on the con- struction contract which is the same as 15;A of this said fee bears to the total construction cost. • VII• TERMINATION OF CONTRACT. The City may at any time, with or without cause, terminate this contract. In this event the Engineer shall be compensated for his service on all stages authorized as follows: A. If termination occurs prior to the final completion and approval of the 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 stage or phase of stages as have been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 65% of the basic fee based on Engineer's construc- tion estimate submitted with the Design Phase, plus the fee paid for preliminary phase, less the credit as afore- described. C. If termination occurs after the letting of the contract, but Prior to final completion or acceptance by the City, the fee to the Engineer shall be computed in accordance with the provisions of Paragraph III of the 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 construc- tion of the project contemplated by the parties to this agreement. E. 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. VIII. TIME AND ORDER OF ENGINEER'S SERVICES. The Engineer shall furnish the documents and personally render or provide the services required by the 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 preliminary studies for City approval not later than 30 calendar days from the date of authorization to proceed by Director of Engineering Services, and to furnish the completed drawings and specifications for final approval of the City not later than 90 calendar days after approval of the preliminary plans and written author- ization from the Director of Engineering Services to proceed with final plans. IX. ASSIGTdABILITY. 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 the routine duties delegated to personnel of the Engineer's staff. If the Engineer is a partnership, in the event of the termi- nation 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. rl X. OWNPRSHIP OF DOCUMENTS. Upon completion of the project (or upon termina- tion of this contract, if previously terminated) the Engineer shall furnish to the City, in a suitable container for filing, "As Built" plans, reproduced on linen or plastic drafting film from the original drawings, together with a correct and legi- ble set of specifications. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1973. ATTEST: T. Ray K-ing, City Secretary 'APPROVED: This ,[__2- "41�,Cday of k,,/t-4Z t - , 1973 Hal George, Executive Asst. City Attorney This day of , 1973 Harold F. Zicg, rector of Finance ATTEST: Corporate Secreatry _ THE CITY OF CORPUS CHRISTI BY R. Marvin Townsend, City Manager CALLINS, HAGGARD & ASSOCIATES, INC. • • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUMS (City Charter Article IV Section 21) March 13, 1973 I certify to the City Council that $ 6,240 , 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 207 Public Building Bond Project No. 207 -72 -4 Project Name Municipal Sertrioe Center Emergency Generator from which it is proposed to be drawn, and suchlmoney is not appropriated for any other purpose. Engineering Services - Callins, Haggard, & Assoc. FIN 2 -55 Revised 7/31/69 1197,3 1 Director o. Finance �.�-P CORPUS CHRISTI TEXAS DAY OF 19 7 3 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTIj 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. • RE LYE ! 4CORPUU MAYOR THE CITY I,_TEXA S TF.'E CHARTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE: BONNIE $12EMORE � , CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH - THOMAS V. GONZALES GABE LOZANO, SR. =-0� -- J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ' BONNIE SIZEMORE CHARLES A. BONNIWELL '- -�(/` --- - ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH . THOMAS V. GON2ALES GABE LOZANO, SR. J. HOWARD STARK