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Home My WebLink About15636 ORD - 07/16/1980• JKH:vp:7/14/80:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH OGLETREE, GUNN & ASSOCIATES FOR MAINTENANCE DREDGING IN THE CORPUS CHRISTI MARINA WHICH PROVIDES FOR DESIGN OF ADDITIONAL BOAT MOORING SLIPS, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $19,000 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 amendment to the contract with Ogletree, Gunn & Associates for maintenance dredging in the Corpus Christi Marina which provides for design of additional boat mooring slips, all as more fully set forth in the amendment to the con- tract, 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 $19,000 out of the No. 291 Park Bond Fund, applicable to Project No. 291-77-5, Marina Improvements. SECTION 3. The necessity to authorize execution of the said amend- ment to the contract with Ogletree, Gunn & Associates and to appropriate the sums necessary to effect the maintenance dredging in the Marina 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 gqday of July, 1980. ATTEST: Cft9 Secretary APPROVED: /if DAY OF JULY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit THE Y OF CORPUS CHRISTI, TEXAS 15636 • AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS j COUNTY OF NUECES j The City of Corpus Christi, hereinafter called "City", and Ogletree, Gunn & Associates, hereinafter called "Engineer", whether one or more, agree to the following amendment for additional services to the contract approved by Ordinance No. 15556 dated May 26, 1980, and pertaining to improvements to the Corpus Christi Marina. I. Scope of Services to be performed includes the preparation of plans and specifications for construction of the piers and appurtenant utilities and facilities at the L -Head and are divided into the following plea= 1. Complete Preliminary Design Phase a. Develop various' configurations of mooring slips and piers, at the south side of the L -Head. b. Provide a recommendation for a reasonable first phase construction of approximately 70 slips and an immediate second phase construction of approximately 80 slips. c. Prepare preliminary design report and construction cost estimate. d. Prepare a Request for USCE Permit to construct the project. This would be filed in conjunction with the Request for Permit to perform the dredging contract in the Marina. 2. Preparation of Construction Documents a. Prepare construction drawings for piers and appurtenant utilities. b. Prepare specifications and project performance criteria. c. Prepare final cost estimate. d. Assist in receiving, tabulating and evaluating bid for construction. LX` 3. Inspection of Construction a. Periodic inspection of project construction. b. Review quantities and programs for periodic payment requests by the Contractor. c. Final inspection of project and approval of final payment. II. Basis of Fees: The fee for this work will be performed for 102 of the cost of construction and be payable as follows: 1.. 302 of fee at completion of preliminary design phase. 2. 402 of fee at completion of preparation of construction documents phase. 3. 302 of fee due at completion of project construction. III. 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 construed to require the City to compensate the Engineer for services_ not performed in a proper professional manner. IV. Engineers Liability: Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of the 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 responsibility by the City for any defect in Designs, Working drawings and Specifications or other Documents prepared by Engineer, its employees, sub- contractors, agents and consultants. -2- V. 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. VI. Assignability: The Engineer shall not, assign, transfer or delegate any of bis 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 nay be assigned in advance of receipt of the Engineer without written consent of the City. VII. Technical Assistance and Consultations: The City.shall not Peg 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, City Manager APPROVED: day of J. Bruce Aycock, City Attorney By • , 1980. Assistant City Attorney -3- OCLETREE, CUNN & ASSOCIATES CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 19,000 July 11, 1980 , 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 Corpus Christi Marina Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • 4� FIN 2-55 /� /J Revised 7/31/69 Corpus Christi, Texas I/044 -day of , 1900 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, A MAYOR E C TY; OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky 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 following vote: 15€36