Loading...
HomeMy WebLinkAbout14835 ORD - 03/07/1979JU:ay:3-T-79;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CORPUS CHRISTI AND THE SWA GROUP FOR A MARINA DEVELOPMENT PLAN STUDY; SAID CONTRACT PROVIDING FOR A BASE PRO- FESSIONAL FEE OF $55,000, SUPPLEMENTARY CHARGES NOT TO EXCEED $25,000, AND AN ALTERNATE FEE, IF ELECTED, OF $50,000; A SUBSTANTIAL COPY OF SAID CONTRACT IS ATTACHED HERETO AS EXHIBIT 'A'; 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 is hereby authorized to execute a contract for professional services between the City of Corpus Christi, Texas, and The SWA Group, a private corporation, for a marina development plan study. Said contract provides for a base professional fee of $55,000, supple- mentary charges for reimbursable expenses not to exceed $25,000, and an alternate fee, if elected by the City, of $50,000. SECTION 2. The necessity to authorize at the earliest practicable � - -date submission of the aforesaid grant application and to authorize the City Manager to execute all necessary and related documents to implement the grant 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 that such emergency and necessity 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 day of March, 1979. ATTEST: City Secretary APPROVED: '7 DAY OF MARCH, 1979 J. BRUCE,:Y000K CITY ATTORNEY By Assistant Ci,ttorney MAYOR THE CITY OF 1483 HRISTI, TEXAS MICROFILMED JUL 0 81990 CONTRACT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS G COUNTY OF NUECES This contract is made and entered into by and between the City of Corpus Christi, Texas, (hereinafter called "City"), a municipal corporation in Nueces County, Texas, acting under the laws of the State of Texas. and The SWA Group, (hereinafter called "SWA"), a private consulting corporation, upon the following terms and conditions: 1. Venue. This contract is performable in Corpus Christi, Nueces County, Texas, and shall be construed, enforced and performed in accordance with the laws of the State of Texas. 2. Consultant. SWA shall be the prime project consultant and shall perform the necessary professional services provided under this con- tract in a satisfactory and proper manner. 3. Scope of Work. SWA shall perform the following items of work in the manner indicated: A. Project Familiarization. 1. Become familiar with the project area and its context as well as public policy statements regarding its use and development. The project area is defined as the area between the rock breakwater (including the breakwater) from its beginning at McGee Beach to its termination at Corpus Christi Beach and Shoreline Boulevard and west to the Shoreline Boule- vard right of way. The study area shall be limited to this project area. 2. Meet with key public officials to discuss goals and objectives as may be agreed upon by City and SWA. B. Analysis and Evaluation. 1. Prepare graphic exhibits defining key existing marina facilities, arrangements, and activities. 2. Define potential new facilities in conceptual program and plan terms. 3. Define benefits of new development to the improvement of the marina area. 4. Define improvement project budgets. C. Development Plan. Based upon the above, prepare a development plan containing and covering the following: 1. Drawings and written descriptions containing sufficient preliminary engineering and design data to determine the coordination and bud - getting of the various proposals for development. 2. An emphasis on amenities for beautification and for enhancement of a sense of security, pride, and vitality by the use of generous decorative lighting, landscaping, and rest and viewing areas. 3. Consideration and evaluation of the relationship and role of private enterprise to public use in matters such as retail shops and other commercial activity. 4. Exploration of the desirability and potential for additional public recreation land area within the marina as related to the possibility of using dredge material from the ship channel deepening project, marina dredging or other means of fill. D. Summary Report. 1. Prepare a preliminary draft report describing the analysis, evaluation, plan concepts, generalized cost budgets of specific proposed projects, and key recommendations to include a phasing program for development. 2. After the preliminary report (as amended, if necessary) has been accepted by the City, 100 copies of the final report will be furnished to the City and will become the property of the City. E. Slide Show. If elected by the City, prepare a two screen presentation type slide show with accompanying text aimed at effective communication of Development Plan assumptions and recommendations. This will supplement the Summary Report and will become the property of the City. 4. Coordination. SBA, and City, shall meet together and participate in not less than five (5) meetings during the course of this contract in order to ensure proper understanding and coordination of the work. Such meetings shall be held in Corpus Christi, Texas. • 5. Time of Completion. A time period of 3 months is anticipated for the accomplish- ment of the Scope of Work Items A through C and an additional 2 months for Work Item D, assuming no undue delays on the part of the City in procedural reviews and approvals. In the event of such delays, the time period shall be extended appropriately to cover the lost time. Work Item E, if approved by the City after receipt of the preliminary draft report, will commence imme- diately thereafter, and be completed before SWA furnishes the final report to the City. 6. Fees and Charges. Compensation and method of payment to SWA by the City will be as follows: A. Base Professional Fee. The base professional fee for the accomplishment of the work in the Scope of Work Items A through D shall be the fixed sum of $55,000. Said sum shall cover only the professional time spent in the development of urban planning, engineering and landscape architectural tasks and products defined in Work Items A through D. SWA shall submit monthly invoices to the Director of Planning and Urban Development for the City of Corpus Christi, P. 0. Box 9277, Corpus Christi, Texas 78408, for progress payment of the base professional fee based on the percentage of work completed. B. Supplementary Charges. City will reimburse SWA for reasonable project related expenses, including travel, per diem, telephone, plan printing, and reproduc- tion, report printing, special consultant for the investigation of marina bottom soil conditions, and slide show presentation, as incurred by SWA, but in no case shall the City be required to reimburse for such expenses in excess of $25,000.00. A report preparation budget shall be approved by the City upon approval of the preliminary draft report. Preparation of the slide show shall remain optional and require prior approval by the City. Prior to incurring any single expense in excess of $2,000.00 for which SWA expects to be reimbursed, SWA shall notify the said Director of Planning and Urban Development of its intention to incur such expense. If SWA should fail to give this notification of such expense, City shall not be obligated to make any reimbursement therefor unless City later makes or specifically agrees in writing to make such reimbursement. SWA shall submit to the Director of Planning and Urban Development a monthly written report, separately invoiced, of all expenses incurred for which SWA expects to be reimbursed. This report shall be a formal accompanied by supporting receipts or request for payment of such charges. C. Contingency Fee. A contingency fee of $50,000.00 is established for the prepara- tion of additional studies and recommendations aimed at the feasibility and definition of development of a new land fill area in the marina area. Such studies and definitions shall be undertaken by SWA only if after the submission of the preliminary draft report the City determines that such studies are desirable and specifically approves their implementation in writing to SWA. SWA shall submit monthly invoices to the Director of Planning and Urban Development for progress payment of the alternate fee based on the percentage of the work completed. D. Monthly Payments and Final Payment. The above described fees and charges shall be billed monthly to the City on separate invoices, except that 10% of the total base professional fee and alternate fee (if any) shall be withheld by the City pending final acceptance by the City of the total project contemplated herein. 7. Additional Project Consultant and Subcontracting. It is anticipated that SWA will negotiate an agreement with a qualified engineering consultant as a sub -contractor for the professional services related to engineering definitions for marina development. It is also anticiapted that SWA will also undertake to negotiate an agreement with a special soils consultant or laboratory regarding bottom soil conditions as related to dredging and spoiling feasibility, procedures and impacts in the ma- rina area. No prospective subcontractors or special consultants shall be selected and begin their work without the prior written approval of the City. SWA shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as SWA is for the acts and omissions of persons directly employed by SWA. other documentation as well as • 8. Assignability. SWA shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City. 9. Changes. The City may, from time to time, request changes in the scope of the services of the consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the consultant's compensation, which are mutually agreed upon by and between the City and the consultant, shall be incorporated in written amendments to this contract. Executed in duplicate originals this the day of 1979. ATTEST: THE SWA GROUP By ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Secretary Bill Read, City Secretary R. Marvin Townsend, City Manager APPROVED: 7 day of 1979 J. BRYCE AYCOCK, CITY ATTORNEY Assistant City .'ney Harold Zick, Director of Finance I48n5 aim Corpus Christi, Texas day of %'0149-1( . 1917 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. The Charter Rule was suspended by e following vote: '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 vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14835