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HomeMy WebLinkAbout14792 ORD - 02/28/1979• jkh:2-23-79;1st 111/1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MILLER AND GRIGSBY FOR THE DEVELOPMENT OF DESIGN PLANS FOR THE REHABILITATION OF THE CORPUS CHRISTI BOYS CLUB POOL, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $7,920 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4741, CODE 502, FOURTH YEAR COM- MUNITY DEVELOPMENT BLOCK GRANT FOR THE AFORESAID CONTRACT, APPLICABLE TO PROJECT NO. 162-4741-502; 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 to execute a contract with Miller and Grigsby for the development of design plans for the rehabilitation of the Corpus Christi Boys Club Pool, a substan- tial copy of which contract is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $7,920 out of the No. 162 Federal/State Grants Fund, Activity 4741, Code 502, Fourth Year Community Development Block Grant for the aforesaid contract, applicable to Project No. 162-4741-502. SECTION 3. That the necessity to authorize execution of the afore- said contract and to provide the necessary sums in order to effect the con- templated rehabilitation of the Corpus Christi Boys Club Pool, as aforesaid, 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 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, 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 a2 day of ,.(lAz , 1979. ATTEST: '/ am• . C40.'"cretary APPROVED: 6 -� J. BR CE AYCOCK, CITY ATTORNEY By As ' • to 't Ci y Attar MAYOR THE CITY OF COR/ 'ISTI, TEXAS 14792 MICROFILMED JUL 081900 CONTRACT FOR ENGINEERS' SERVICES THE STATE OF TEXAS COUNTY OF NUECES X The City of Corpus Christi, hereinafter called "City", and Miller and Grigsby, 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 services necessary to properly develop design plans for the rehabilitation of the Boys Club Pool in the City of Corpus Christi, Texas: "The scope of the work includes the evaluation of all electrical, mechanical, structural and other deficiencies of the existing pool at the Boys Club. The preparation of the design plans and specifications for the rehabilitation of all deficient systems of the pool including any structural, mechanical, electrical, architectural and other related work required to bring the pool to the normal operating condition." 2. SCOPE OF SERVICES. Engineer's services generally will include but will not be limited to the following scope of basic services: A. In the Preliminary and Engineering Report Phase the following shall be included: 1. The Engineer in addition to the Basic Services required and included below will make a detailed analysis of the problems at the Boys Club Pool and will prepare a bound report of the findings which shall include his recommendation for the improvements together with an estimate. No work shall proceed beyond this phase until the City has approved and authorized to proceed through the Director of Engineering & Physical Development. 2. Conferences with the proper City representatives regarding the proposed project. -1- B. 3. The submission of the preliminary Engineering Report to the City; six copies are requested. In the Design Phase (for work as authorized by City the -basic services include): 1. Field Surveys for detailed plans. 2. Preparation of detailed contract plans and specifications for construction, with five (5) sets of plans and twenty- five (25) sets of specifications and contract documents furnished to the City. (Additional copies will be furnished as required at actual cost of reproduction.) 3. Preparation of estimates of quantities and costs. 4. Assistance to City in securing bids. 5. Analysis of bids and recommendations concerning awards. 6. Assistance in award of contracts. 7. All other work necessary for the full performance of the engineering design of the project, but not limited to the itemslistedabove. C. In the Construction Phase the scope of basic services includes: 1. Checking of shop and working drawings when required and furnished by contractor. 2. Supervision and review of laboratory tests. 3. Consultation with the City and advice during construction. 4. General supervision of the work and interpretation of the plans and specifications by periodic visits to the site by a principal of the firm. 5. Preparation of monthly and final estimates for payments to the contractors. 6. Final inspection. 7. Revision of the construction drawings to show the project as built. 8. All other work required in connection with the construction phase, exclusive of resident inspection and laboratory testing. 3. FEE. The basic fee for performing the basic engineering services for Items 2-A, 2-B, and 2--G will be based on a percentage of the cost of construction contract as may be authorized by the City. This percentage shall be 11%. -2- • The fee is based on a construction budget for the project of $72,000. The engineer shall endeavor to design the project within the approved budget and if, at the time of receiving bids, the bids are above the budget, the City shall have the right to require the engineer to revise the plans in order to reduce the cost at no additional engineering fee. The City will not pay the engineer for fees as a result of change orders resulting from negligence on the part of the engineer. The fee for services for Items 2-A, 2-B, and 2-C to be due and payable as follows: A. In the Preliminary Phase: For services rendered under the preliminary phase as described above an amount equal to $2,000.00 will be due and payable. Approval of the preliminary engineering plans will be required before payment. B. 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 11% basic fee for work authorized by the City shall be due and payable. In the event that proposals for construction of the work are received after submission of complete contract plans and specifications to the City, the fee for services rendered for the design phase of this portion of the work shall be adjusted to the "Construction Cost" as reflected by the lowest bona fide bid. Where no proposals are received within a period of 120 days from the date of approval, then the engineer's estimates shall be the basis for final payment for services rendered under the preliminary and design phases, less credit of $2,000.00 for preliminary phase. C. Construction Phase: For services rendered under the construction phase, as described above, an amount equal to 15% of the basic fee 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. 4. TERMINATION OF CONTRACT. The City may at any time, with or without cause, terminate this contract. In the 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 as has been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the engineer shall be 50Z of the basic fee based on engineer's construction estimate submitted with the design phase and approved by the City, plus the fee paid for the 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 fees of the engineer shall be computed in accordance with the provisions of Paragraphs 3 and 4 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 agreement. 5. OWNERSHIP OF DOCUMENTS. Upon completion of the project,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 legible set of specifications. 6. 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 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. -4- • 7. 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. Executed in duplicate, each of which shall be considered an original, this day of , 1979. ATTEST: Bill Read, City Secretary R. Marvin Townsend, City Manager THE CITY OF CORPUS CHRISTI BY APPROVED: day of , 1979 Harold F. Zick, Director of Finance APPROVED AS TO LEGAL FORM: day of , 1979 Assistant City Attorney MILLER AND GRIGSBY BY BY 111/1 CITY OF CORPUS CHRISTI, TEXAS • CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 21, 1979 I certify to the City Council that $ 7,920 , 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 No. 162 Federal/State,Grants Fund Project No, Activity 4741, Code 502 Project Name Boys' Club Pool Rehabilitation from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • IN 2-55 Revised 7/31/69 1"-eAr , 19_4 i. ec'or of Fin • Corpus Christi, Tex s ...3B day of , 19 2911 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, MAYOR THE The Charter rule was suspended by he following vote: i Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill �✓ Joe Holt IF Tony Juarez, Jr. if Edward L. Sample vote: 14702