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Home My WebLink About14975 ORD - 07/03/1979AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH OGLETREE, GUNN & ASSOCIATES FOR ENGINEERING SERVICES, INCLUDING PREPARATION OF PLANS AND SPECIFICATIONS, IN CONNECTION WITH THE KENNEDY CAUSEWAY IMPROVEMENTS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $20,800 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-77-8, KENNEDY CAUSEWAY: CONSTRUCTION OF PUBLIC RESTROOMS, PARKING FACILITIES AND SANITARY SEWER LINE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI., s TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with Ogletree, Gunn & Associates for engineering services, including preparation of plans and specifications in connection with the Kennedy Causeway Improvements, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $20,800 out of the No. 291 Park Bond Fund applicable to Project No. 291-77-8, Kennedy Causeway: Construction of Public Restrooms, Parking Facilities and Sanitary Sewer Line. SECTION 3. The necessity to authorize the aforesaid contract and to appropriate the sums necessary to effect the contract at the earliest practicable date 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 day of July, 1979. ATTEST: Ci Cy Secretary APPROVED: J. BRUCE AYCOC By Imo/ /97 CIT TTORf Assistant City MA ney 14975 i#, THE TY OF CORPUS CHRISTI, TEXAS CONTRACT ENGINEERS' SERVICES TUE STATE OF TEXAS I COUNTY OF NUECES I The City of Corpus Christi, hereinafter called "City", and Ogletree & Gunn, 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 and design plans and specifications for the following improvements along the east side of the Kennedy Causeway in the City of Corpus Christi. The project is generally known as Kennedy Causeway Improvements and its scope is as follows: "Sanitary Sewers: Includes the design of a sanitary sewer lift station, force main and a gravity system to serve the existing business in the area and the public restroom. Public Restrooms: Includes the construction of a restroom facility, storage facility, drinking water fountain, exterior sewage disposal facility to receive holding tank waste from boats, campers, etc., landscaping and other related improvements. Parking: Includes approximately 10,000 square yards of parking surface for the two (2) public boat ramps. The parking area should accommodate approximately 90 automobiles with trailers and 70 automobiles. It is contemplated that a preliminary conference between City representatives and the Engineer shall outline the details of the project with the Engineer proceeding, with the work as directed in accordance with written request as may be determined at said conference. The services of the Engineer shall include, but not be limited to the following: A. Preliminary Phase: Scope of Basic Services: 1) Participation in preliminary conferences with the owner regarding the project; 2) Preparation of preliminary layout and report; 3) Submission of three copies of the preliminary layouts and report and the Engineer's specific recommendations to the City for approval prior to proceeding with design; 4) Preparation of tentative cost estimates of the proposed phase or phases of construction; B. Design Phase: Scope of Basic Services: Under this phase the Engineer shall provide the following: 1) Establish the scope of any soils investigations or any special surveys and tests which, in the opinion of the Engineer, may be required for design; arrange, as directed, for such work to be done, for the City's account, upon City approval; 2) Furnish to the City the engineering data necessary for applications for routine permits by local, state, and federal authorities. 3) Prepare detailed specifications and contract drawings in pencil on paper, for construction authorized by the City. 4) Prepare detailed cost estimates of authorized construction. The Engineer shall not be required to guarantee the accuracy of these estimates. 5) Furnish to the City 3 sets of the contract documents for review and final approval. 6) Furnishing five copies of plans and thirty sets of specifications, Notice to Bidders, and bidders' proposals; additional copies of plans, if requested by City, shall be furnished, with City paying cost of reproduction; 7) Assistance to the Owner in securing bids; 8) Assistance in the tabulation and analysis of bids'and furnishing recommendations on the award of construction contracts; 9) Assistance in the engineering phases of the preparation of final documents after award is made; 10) Provide all other Engineering information required for the prosecution of the design work but not limited to the items above. C. Construction Phase: Scope of Basic Services: 1) Performing general supervision and administration of authorized construction (as distinguished from continuous resident field inspection), including periodic visits of the Engineer or a competent representative of the Engineer to the site of construction. In the administration of the project, the Engineer will endeavor to protect the City against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts; 2) Consultations with and advice to the City during construction; 3) Checking of shop and working drawings furnished by contractors; 4) Review of laboratory, shop and mill tests of materials and equipment; 5) Preparation and review of monthly and final estimates for payments to contractors; 6) Supervision of initial operation of the project, or of performance tests required by specifications; 7) Revision of contract drawings, with the assistance of the resident engineer, to show the work as actually constructed which does not require field work or measurements for this purpose or redrawing of sheets; 8) Submission of a summary of inspectors monthly progress reports and assistance to the City in the administration phase of the project; 9) Provide all other services necessary for the prosecution of the work exclusive of resident inspection and laboratory testing and staking services, but not limited to the items listed above. D. Special Services (Predesign) 1) The Engineer shall provide field surveys required for design and related office computations and drafting. 2) Preparation of applications and supporting documents for government permits and licenses to construct the project. E. Special Services (Construction) 1) Provide field construction staking for the sanitary sewer system and major control for the parking lots on the proposed building improvements. 2) Provide diving inspections for the two channel crossings of the sanitary sewer force main. 2. COST OF THE PROJECT — PRELIMINARY ESTIMATE. The City has budgeted the sum of $225,000.00 for the project inclusive of engineering and legal expenses. The Engineer shall make such revisions in the preliminary plans as may be required to reduce the project 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. 3. COST OF THE PROJECT — FINAL BIDS. The Engineer shall endeavor to design the project so 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 time of its approval of the preliminary plans and drawings, not in excess of that amount. If, at the time bids are received, 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 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 provision 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: 4. ENGINEERING FEES. The basic Engineering fee for completing the work under phases A, B, C, D, & E is as follows: A. Phases A & B (Preliminary and Design) $12,500 B. Phase C (Construction) $ 2,300 C. Phase D (Special Services, Predesign) $ 3,500 D. Phase E. (Special Services, Construction) $ 2,500 The fees listed above shall be due and payable to the Engineer upon completion and approval of each phase except Phase C which shall be payable monthly in proportion to the amount of construction performed. 5. 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 schedule of fees and in proportion to the amount of work done on such stage or phase of stages as have been authorized. 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. 6. TIME AND ORDER OF ENGINEERS SERVICES. Work on the Preliminary Phase shall commence as soon as authorized by the City. The preliminary phase would be completed in not more than 45 days. Upon approval of the preliminary phase and authorization by the City to proceed work shall commence on the Design Phase. Work on the Design Phase shall be completed in not more than 3 months. 7. 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 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. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1979. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: day of , 1979 J. BRUCE AYCOCK, CITY ATTORNEY By: Director of Finance ATTEST: Secretary n OGLETREE & GUNN By CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 29, 1979 I certify to the City Council that $ 20,800 , 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. 291, Park Bond Fund Project No. 291-77-8 Project Name Kennedy Causeway Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • FIN 2-55 Revised 7/31/69 F!NANCC r'rr4PT4FH1. Jul z ( 37 IN 179 Corpus Christi, Te ,3 day of , 19/% 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, MAY, THE CI The Charter rule was suspended by the Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 4` OF CORPUS CHRISTI, TEXAS following The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the vote: following vote: 1_4975