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HomeMy WebLinkAbout14218 ORD - 03/08/1978AN ORDINAkCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CALLINS, HAGGARD & ASSOCIATES FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR ELECTRICAL RENOVATION OF THE CITY HALL ANNEX, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is hereby authorized and directed to execute, an engineering contract with Callins, Haggard & Associates for preparation of plans and specifications for electrical renovation of the City Hall Annex, all as more fully set forth in the Contract, a substantial copy of which contract is attached hereto and made a part hereof; SECTION 2. The necessity for immediately commencing upon and proceeding with plans and specifications for electrical re- novation of the city hall annex and the employment of engineers to perform such services creates a public emergency and an im- perative 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 $0 ORDAINED, this the .I day oh March, 1978. ATTEST: CiX,f Secretary THE CITY CF OPUS CHRISTI, TEXAS APPROVED: 8 DAY of MARCH, 1978: MICROFILMED J. BRUCE AYCOC , CITY ATTORNEY JUL 0 7 1990 r BY���8 Assistant Attorney AGREEMENT THE STATE OF TEXAS j( COUNTY OF NUECES j( THIS AGREEMENT, made and entered into this day of , 1978, 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 Callins�Haggard 6 Associates, Inc., Consulting Engineers, of Corpus Christi, Texas, hereinafter called the "Engineer". W I T N E S S E T 11 : THAT WHEREAS, the City intends to install certain. air - conditioning /mechanical, lighting and electrical improvements at the City Hall Annex in the 1100 Block of South ,Shoreline, in the City of _Corpus Christi, Texas, scope of said improvements shall in- clude but not be limited to the following: 1. Air- conditioning improvements and related ductwork to serve the building. 2. Lighting improvements to serve the building to a lighting standard suitable for a commercial office building. 3. Additional electrical wiring to handle new equipment in Item I above. 4. Electrical distribution system to serve areas in building served by portable partitions. 5. An exit light and fire alarm system for the building. AND WHEREAS, in connection with the above listed scope of work at the City Hall Annex, the City employs the said Engineer and said City and Engineer agree as follows: I. Phase I - Preliminary Phase or Study Phase The Engineer agrees to do the following work related to the City Hall Annex: 1. Review the scope with appropriate city staff members, as required. 2. Counsel with the City about the general plan and scope of study and /or improvements. 3. Prepare preliminary schematics as necessary. 4. Develop preliminary floor plans as required. 5. Furnish preliminary plans for approval. 6. Submit estimate of cost of work. II. Phase II - Detailed Plans and Specification Phase After the City has reviewed and approved preliminary plans, then the Engineer will be authorized to proceed with Phase II of project. 1. Prepare from approved preliminary plans detailed plans and technical specifications. 2. Develop working drawings to large scale. A 1/8" scale will be acceptable. 3. Make necessary field surveys required. 4. Prepare large scale working drawing for structural, mechanical, electrical, lighting, heating and ventilating systems, air con(Utioning, etc. 5. Submit large scale drawing and systems to City for approval. 6. Re- evaluate and adjust the estimate of probable construction cost, if required. 7. Confer with City regarding detailed plan. 8. Provide City with tracings of approved plans and twenty (20) copies of technical specifications for the project.. 9. City will prepare formal advertising documents and will advertise for bids as required. III. Construction Administration Phase 1. Make periodic visits to the job site to determine whether work is .proceeding in accordance with the contract documents. 2.. Review shop drawings and other equipment submitted by contractor for the project and recommend approval to City. 3. Interpret construction documents if needed to the contractor. 4. Deliver to the City all certificates of inspecting authorities, equip- ment operating manuals, bonds, guarantees, and related documents. 5. Make final inspection on project with appropriate City officials and make recommendation and /or certifications for acceptance. 6. Deliver to the City "As Built" Construction Drawings upon completion of project in original reproducible form. IV. Cost of the Project - Preliminary Estimate The City has estimated based on Engineer's previous work that the total project will cost Sixty Six Thousand Dollars ($66,000.00), exclusive of engineering expenses. The Engineer shall endeavor to design the project to make such revisions in the preliminary plans as may be required in order not. to exceed the estimated amount. - 2 - V. Cost of the Project - Final Bids The Engineer shall endeavor to so design the project that its total cost will not exceed the above amount stated in the foregoing paragraph; or if a greater sum is authorized by the City at the time 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 technical 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 techni- cal specifications would comply with the provision of this paragraph except for increases in the costs of labor or materials during the period elapsing between completion of preliminary plans and the opening of bids. VI. Fee The City will pay to the Engineer a fee of twelve (12) percent of the construction contract cost for'the project, less $1,430.00 previously paid the 'Engineer for preliminary work completed. The City is satisfied that the herein mentioned pre- vious work for the fee credit indicated serves as satisfactory completion of Phase I - Preliminary Phase - of this contract. "Construction. Cost" shall be 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, 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 purchased or furnished directly by the owner for the project. In the event the project is increased or decreased in scope, then the .fee will be adjusted accordingly on Curve "C" of the Manual of Engineering Practice and such fee will be based on actual construction cost. The fee shall be due and payable as follows: A. 20% 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. (For contract purposes this fee is the $1,430.00 previously paid) B. 65% of the basic fee of twelve percent upon the completion and acceptance by the City of detailed final plans and specifications meeting I• is the requirements of Paragraph II above of such stages as have been authorized. C. 15% 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 construction contract which is the same as 15% 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 reason- able compensation for the - services actually rendered by bim 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. I£ termination occurs after final completion. and approval of the drawings and specifications, the fee of the Engineer sball be 65% of the basic fee based on Engineer's construction estimate submitted with the Design Phase, plus the fee paid for preliminary phase, less the credit as aforedescribed. 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 VI -C of the contract to the date of termination. D. The foregoing shall not be construed to require the City to com- pensate 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. E. If the Engineer should be unuhle to complete this contract due to death, illness, or any other cause beyond his reasonable 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 -A - I• • necessary to insure the prompt and continuous design and construction of the project_ As the Preliminary Phase has been completed the Engineer agrees to furnish the completed drawings and specifications for final approval of the City not later than 35 calendar days after City authorization of this contract. IX. Assignablility 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 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. X. 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 con- tainer for filing, "As Built" plans, reproduced on linen or plastic drafting film from the original drawings, together with a correct and legible set of specifications. EXECUTED IN DUPLICATE, each of which shall be considered an original, this_ the day of 1978. ATTEST: THE CITY OF.CORPUS CHRISTI By Bill Read, City Secretary R. Marvin Townsend, City Manager APPROVED: This day of 1978 Director of Finance J. Bruce Aycock, City Attorney By Assistant City Attorney ATTEST: CALLINS, HAGGARD & ASSOCIATES, INC. By Corporate Secretary Jack G. Callins, President 5 - Corpus Christi, Texas �> day of p/.A44j— . 19 7/ 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample THE CIIN OF CORMS CjKISTI, TEXAS te: ;e: