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HomeMy WebLinkAbout15556 ORD - 05/21/1980jkh:5-21-80;lst 11110 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH OGLETREE, GUNN & ASSOCIATES FOR ARCHITECTURAL SERVICES TO BE PROVIDED IN CONNECTION WITH THE PROCURE- MENT OF A CORPS OF ENGINEERS PERMIT FOR DREDGING THE CORPUS CHRISTI MARINA, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $26,500 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-77-5, MARINA IMPROVEMENTS; 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 authorized to execute an agreement with Ogletree, Gunn & Associates for architectural services to be provided in connection with the procurement of a Corps of Engineers Permit for dredging the Corpus Christi Marina, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated out of the No. 291 Park Bond Fund the sum of $26,500 applicable to Project No. 291-77-5, Marina Improvements. SECTION 3. The necessity to authorize execution of the aforesaid agreement and the appropriation of the sums necessary to effect the agreement - — at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance 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 24 day of May, 1980. ATTEST: y Secretary APPROVED: J. BRUC CI TTOR`EY By ..., Assistant C ney THE C[J OF CORPUS CHRISTI, TEXAS p►'ft %91980 , 15556 MICROFILMED • CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS j COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City", and Ogletree, Gunn & Associates, hereinafter called "Engineer", whether one or more, agree as follows: I. Services to be Performed. The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop design plans and specifications and provide all planning engineering and environmental support necessary for U. S. Corps of Engineers permits for the dredging of the Corpus Christi Marina. II. Scope of Services to be performed is divided into the following phases. A. U. S. Corps of Engineers Permit Phase. The Engineer agrees to perform all environmental planning required in connection with the permit request. Engineer will provide consultation and review all comments to and from the various agencies in connection with the permit request and shall prepare all documents necessary for the permit. B. Preparation of Contract Documents Phase 1. Preliminary Design a. Incorporate specific field data into coordinated plan for immediate dredging project and planned future projects in Marina. b. Prepare Preliminary Plan & Engineering Report to support request for U.S.C.E. Permit and submit three (3) copies to the City Department of Engineering & Physical Development. c. Coordinate project with various Federal and State agencies and City departments. d. Prepare Preliminary Cost Estimates. e. Provide project recommendation to the City upon completion of Preliminary Report. [pi'Y following: 2. Design and Preparation of Contract Documents. a. Complete design of any retaining structures, dikes and return wiers in deposit areas, and all other details required of the project. b. Complete Specifications and Construction Drawings, and submit 3 copies to the City Department of Enginering & Physical Development for City, review and approval. c. Prepare Final Cost Estimate. 3. Bidding. a. Assist City in receiving, tabulating and evaluating bids for construction. b. Prepare recommendation for contract award. C. Inspection of Construction Phase; Engineer will provide the 1. Make periodic inspection of the project construction. _ 2. Review of quantities for periodic payment requests by the Contractor, and provide progress report to the City. 3. Make final inspection of a project and provide recommenda— tion for approval and final payment. D. Survey Fieldwork, Special Investigations and "Before" and "After" dredging Sounding, Phase. 1. Obtain "Before" dredging sounding in the areas to be dredged. (Soundings on 10' stations along lines spaced 100' apart, typically, and along closer linea in special areas where required to adequately define dredging to be done.) 2. Obtain "Before" dredging sounding in potential or proposed deposit areas. 3. Obtain materials samples and other environmental samples as specifically required by U.S.C.E. or-other.reviewing agencies to support design and/or permit request. 4. Obtain "After" dredging sounding in the areas dredged. 5. Obtain "After" dredging soundings, as required, in the areas where dredged material is deposited. III. Fee and Method of Payment The fee for services to .be performed to be paid by the City and the methodofpayment in the following manner. A. For services in connection with Item IIA U. S. Corps of Engineers permit phase, the fee shall be at $50/hr. plus direct travel expenses. Estimated fee not to exceed $6,000.00. Fee will be payable upon issuance of U.S.C.E. permit. B. For services in connection with Item IIB (preparation of contract documents phase) and IIC (inspection of construction phase), the fee shall be 10% of construction cost not to exceed $15,000.00 and shall be payable as follows: 1. Upon completion and approval of preliminary report 30% of fee. 2. Upon completion and approval of contract -documents and award of contract 50% of fee. 3. Upon completion of project 20Z of fee. C. For services in connection with Item IID (Survey Fieldwork Special Investigation and "Before" and "After" Dredging Sounding Phase). The fee shall be on a per-hour/per diem basis for survey parties and equipment as required and at rates. as indicated on the attachment of Ogletree, Gunn 6 Associates published rate sheet dated July 9, 1979, attached herewith. Special testing of sampled materials will be paid at the invoice cost of the testing plus 10% for handling costs. The fee for these services will be paid monthly upon invoice. '.The total fee for this service is anticipated not to exceed $5,000.00 for survey fieldwork and $500.00 for testing. IV. Termination of Contract: The City may at any time, with or without cause, terminate this .contract upon seven days written notice to the other at the address of record. In this event, the engineer shall be compensated for his services 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 stages or phases as have been authorized. B. The foregoing shall not be construced to require the City to compensate the Engineer for services not performed in a proper professional V. Engineer's Liability. Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of this responsibility and liability of the Engineer, its employees, associates, agents and consultants, for the accuracy and competence of their Designs, Working drawings, and Specifications or other Documents and work; nor shall such approval be deemed to be assumption of such responsibility by the City for any defect in Designs, Working drawings and Specifications or other Documents prepared by Engineer, its employees, sub- contractor, agents and consultants. VI. 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 container for filing, "record drawings", reproduced on linen or mylar drafting film from the' original drawings, together with a correct and legible set of specifications. VII. 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- VIII. 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 , 1980. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend APPROVED: day of , 1980. Asst. City Attorney OGLETREE, CUM & ASSOCIATES By WILLIAM 8. OGLETREE, P.E. JAMES 8. GUNN, P.E. JOE H. BYRNE, P.E. OGLETREE, GUNN 8 ASSOCIATES ENGINEERING CONSULTANTS July 9, 1979 • RATE SHEET (512) 883-7244 P. 0. BOX 3551 — ZIP 78404 2816 N. SHORELINE CORPUS CHRISTI, TEXAS Invoice Cost/Hr. Principals $ 55.00 - Project Engineer $ 45.00 Staff Engineer & Scientist $ 35.00 Engineering Technician $ 30.00 Draftsman $ 25.00 Secretary $ 25.00 Survey Party Rates: Licensed Surveyor $ 35.00/hr. Survey Party Chief $ 25.00/hr. 1 Instrument Man @ $25/hr $200.00/8 hr. day 2 Man Crew @ $40/hr $320.00/8 hr. day 3 Man Crew @ $50/hr $400.00/8 hr. day 4 Man Crew @ $60/hr $480.00/8 hr. day Lot or.Title Surveys $100.00 minimum Platting $400.00 minimum All work connected with platting one -lot - properties, exclusive of any fees charged by City, State, County, etc.. Diving and Epoxy Pressure Injection Rates: Dive rate (8 hr. min) to 50 ft. (below 50 ft. by negotiation) Technical or Hazardous Work Diver/Tender • $500.00/8 hr. day Diver/Tender travel time $ 40.00/hr. Non Technical Diver/Tender $350.00/8 hr. day Diver/Tender travel time $ 30.00/hr. Single Diver $280.00/8 hr. day Single Diver travel time Equipment -Man $15/hr $ 20.00/hr. Boatman $12/hr $120.00/8 hr. day $ 96.00/8 hr. day Time over 8 hrs/day will be rate x 1.5 Per Diem $ 35.00/man/day Senior Injector (4 hr. min.) $ 25.00/hr. Injector Helper (4 hr. min.) $ 15.00/hr. Rate Sheet Equipment: C Page 2 July 9,• 1979 Autos Truck - 1/2 or 3/4 ton $ 0.30/mile Diving Boat $'0.40/mile Sounding Boat $ 75.00/day Underwater Camera $100.00/day Survey Fathometer $ 75.00/day Magnetometer (Rod Type) $ 75.00/day Magnetometer (Underwater) $ 50.00/day _EDME $500.00/day $ 75.00/day to (ham Saw $150.00/day Two -Way Radios. $ 10.00/day Required Rental -Equipment & Direct Materials Cost—Invoice Cost .+O15%y Epoxy Injection Pump (4 hr. min.) $ 35.00/hr. Generator- $ 42.00/day ($108.00/wk.) Underwater Ultrasonic Device (4 hr. min.) $ 30.00/hr. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 16, 1980 I certify to the City Council that $ 26,500 , 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. 291-77-5 Project Name Marina Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • 20 , 19, a irector offnance �I AQ FIN 2-55 VVV 1 Revised 7/31/69 Corpus Christi, Texas 2-/ day of 9,0 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, MAYO ' CORPUS CHRISTI, TEXAS R E CITY The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe. by the following vote: Luther Jones Edward L. Sample 0! Dr. Jack Best David Diaz Of . Jack K. Dumphy Betty N. Turner Cliff Zarsky 15556