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HomeMy WebLinkAbout16263 ORD - 05/20/19811s;05/20/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GOLDSTON ENGINEERING, INC., FOR DEVELOPMENT OF PROCEDURES AND COST ESTIMATES TO REPAIR THE BULKHEADS IN THE CORPUS CHRISTI MARINA AND TO CON- STRUCT A NEW BREAKWATER NORTH OF THE PEOPLES STREET T -HEAD; A SUBSTANTIAL COPY OF WHICH CONTRACT MARKED EXHIBIT "A" IS ATTACHED HERETO AND MADE A PART HERE- OF; AMENDING THE 1980-81 BUDGET TO APPROPRIATE $25,000 OUT OF THE NO. 102 GENERAL FUND RESERVE FOR TRANSFER INTO THE NO. 104 MARINA FUND, ACTIVITY 268-532.11, CODE 301; 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 Goldston Engineering, Inc., for development of procedures and cost estimatesto repair the bulkheads in the Corpus Christi Marina and to construct a new breakwater north of the Peoples Street T -Head; 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". Ne SECTION 2. That the budget for 1980-81 be amended to appropriate $25,000 out of the No. 102 General Fund Reserve for transfer into the No. 104 Marina Fund, Activity 268-532.11, Code 301, for the aforesaid contract. SECTION 3. The necessity to authorize execution of the aforesaid contract and to appropriate the necessary sums to enable commencement of the project at the earliest practicable date creates a 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 or Council members, having declared that such emergency and neces- sity 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 2.0 day of May, 1981. ATTEST: y Secretary APPROVED: J. BRUCE By “I; R EY ssistant ttorney THE CITY OF CORPUS CHRISTI, TEXAS �41CR�F� ,. tD 18263 THE STATE OF TEXAS COUNTY OF NUECES x CONTRACT ENGINEERING SERVICES The City of Corpus Christi, hereinafter called "City", and Goldston Engineering Inc., hereinafter called "Engineer", agree as follows: I. Services to be Performed: The Engineer hereby agrees at his own expense to perform all architectural, structural, mechanical, electrical, marine and site design work and related services necessary to properly develop design plans and specifications for and to supervise construction of the following improvements in the Corpus Christi Marina: L -Head and Two T -Heads Perform an in-depth engineering study on methods, procedures, techniques, designs and solutions to effect repair and/or replacement of the existing steel sheet pile bulkhead around the perimeter of the L -Read and both the Lawrence Street and Peoples Street T -Heads, to include the ramp structure entrances of these facilities off East Shoreline Boulevard, and furnish the City with factual recommendations relating to such repair and/or replacement, complete with supportive estimates and other relevant data. Breakwater Structure North of the Peoples St. Boat Basin Perform an in-depth engineering study on methods, procedures, designs and solutions relative to the construction of an additional breakwater structure or structures north of the Peoples Street T -Head and provide the City with recommendations relating to such additional breakwater construction, including the disposition of the existing stone breakwater in the area, complete with supportive estimates and other relevant data. II. Scope of Services The Engineer agrees to perform for the above named work, professional services as hereinafter set forth: A. Study and Report: 1. Hold necessary conferences with the City staff so as to coordinate the planning of the project. 2. Research available information applicable to the project, including but not limited to previous condition surveys prepared by others. 3. Review the existing conditions and problems relating to the T -Heads and L -Head facility, the causes of such problems and provide recommendation as to their solution. 4. Verify actual conditions by excavating and/or diving, if so desired, to include photographs where applicable, or review previous reports prepared by others in order to ascertain present conditions. 5. Review types and location, including benefits, of marine breakwater which might be constructed in the marina north of the Peoples Street T -Head with the purpose being to create desirable marine boat space in this part of the marina. _ 6. Submit a minimum of 12 copies of a study or report which addresses the services to be performed including, but not limited to: (a) Schematic Design Studies (b) Designs/Solutions Investigated (c) Recommendations for T -Head and L -Head Repair (d) Recommendations for additional breakwater as specified (e) Complete cost estimates of Recommended Designs or Alternate Designs (f) Analysis of Special Problems, if any, created by the Recommended Design or Designs (g) Statement on Problems, if any, which might be encountered in seeking a Corps of Engineers permit for the Recommended Work. B. Design Development Phase 1. If authorized, prepare from the approved Study Report, specifi- cations and drawings, and documents, fix and describe the size and character of the entire project as to the engineering, structural, mechanical and anchoring systems, materials and such other essentials as may be necessary. 2. Review the preliminary cost estimates and submit an estimate of probable cost based on current prices for similar work. 3. Submit three sets of the Design Development Documents to the Director of Engineering & Physical Development for review by the City. 4. Prepare Corps of Engineers application for City. 5. Assist the City with any grant assistance which the City may elect to obtain. - 2 - C. Construction Documents Phase 1. If authorized, prepare from the approved Design Development Documents the complete working drawings and technical specifications setting forth in detail the requirements for the construction of the Marina facilities, the conditions of the contract, the form of agreement between the City and Contractor, and bid proposal forms. 2. Review the cost estimate and advise the City of any changes. 3. Submit to the Director of Engineering & Physical Development three complete sets of the Construction Documents for review by the City. D. Bidding and Contract Phase 1. Upon approval of the Construction Documents by the City, prepare the Notice to Bidders as required. 2. Provide five (5) sets of complete working drawings and twenty (20) sets of specifications covering the work, including proposal forms and special instructions to bidders, for general distribu- tion to all prospective qualified bidders who may secure a copy thereof by complying with the terms set out in said special instructions for obtaining same. Additional sets of plans or specifications will be furnished to the City by the Engineer upon request -by the City, with the City reimbursing the Engineer for the actual cost of reproduction. 3. Supply the City with twenty-five (25) copies of a Bid Tabulation sheet one day prior to the receipt of bids. 4. Review and check all bid proposals and prepare a tabulation of the bids. 5. Submit a written recommendation on the award of the contract to the City. In the event the lowest acceptable bid exceeds the estimated cost the Engineer shall confer with the City and make such revisions as is satisfactory to the City for the readvertising of bids, without increase in the basic fee. 6. After the award of the contract by the City, the Engineer shall prepare six (6) copies of the Contract Documents ready for execution by the City and the Contractor. E. Construction Phase 1. Be the City's representative during the construction period which begins with the award of the contract and extends until the final acceptance of the project. 2. Provide the general administration of construction including periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract. The Engineer will endeavor to guard the City against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. 3. Provide the general administration of the construction con- tract including the preparation of Contract Monthly Estimates, Contract Time Statements, and Contract Change Orders, all on forms supplied by the City. 4. Have the authority to stop work whenever such stoppage may be necessary in his reasonable opinion to insure the proper execution of the contract and may condemn work as failing to conform to the contract. 5. Not be required to make exhaustive or continuous on-site inspections normally defined as resident inspection, but will make those inspections necessary to prepare the Contract Monthly Estimates and to certify that to the best of his knowledge work has progressed to the point indicated, the quality -of the work is in accordance with the construction contract, and that the contractor is entitled to payment. F. As -Built Drawings and Maintenance Manuals 1. The Engineer shall furnish to the City, upon completion of said project, or upon termination of this contract as herein provided, a suitable bound copy of the specifications and a reproducible set on mylar, or tracing of the working drawings including any and all corrections, revisions, alterations, or amendments to the plans and/or specifications made during the Construction Phase so as to reflect the true plans and specifications of the project as -built. - 4 - 2. The Engineer shall use 24" x 36" sheet sizes of 3 mil mylar or tracing for the "as -built" drawings which are to be submitted as described above. 3. The Engineer shall furnish to the City upon project completion, operating manuals or instructions, parts list, or maintenance manuals for all mechanical, electrical, or any other equipment installed on the project. 4. The City will not make final payment to the Engineer until the conditions of Section F are met. G. Transfer of Interest The Engineer shall not assign or transfer any interest in this contract without prior written consent from the City. H. Orderly Rendering of Services I. The Engineer shall furnish the document required in each phase of the design and personally render or provide the service required in this contract in the sequence and times herein indicated and as may be necessary to insure the prompt and continuous prosecution of the work of designing and constructing the project, and it is understood that all designs and details of designing are subject to the approval of the City, and until the acceptance of results of these services, there shall be no liability on the part of the City for such services. That Engineer agrees to furnish items pertaining to Study and Report Phase to City within ninety (90) calendar days of date of contract. Items required of Design Development Phase will be submitted within sixty (60) days of approval of Study & Report Phase, and items • required of Construction Documents Phase will be submitted within forty (40) calendar days of approval of Design Development Phase. II. The City agrees to pay the Engineer for his design and related " services a maximum of (6%) six per -cent of the cost of construction, which percentage will be escalated downward per curve B, Median -- Compensation'Curve, of the 1972 Edition of the General Engineering Services of the Texas Society of Professional Engineers, should actual construction cost indicate such downward escalation. Should more than one construction contract be awarded by the City per this contract, the above fee percentage will apply. The basic rate above will also apply to payments based on the estimated cost of construction' until such time as the actual cost of construction has been determined. (5) A. Payments to the Engineer 1. Upon completion of the Study and Report Phase and acceptance and approval of the same by the City, the City will pay the Engineer a lump sum fee of $25,000.00 which is to be credited against the total fee as further indicated in item 6 below. 2. Upon completion of the Design Development Phase and acceptance and approval of the same by the City, a sum equal to thirty percent (30%) of the Basic Fee computed upon an agreed estimated actual cost of construction; less the pro -rata credit per item 6 below. 3. Upon completion of the Construction Documents Phase and acceptance and approval of same by the City, a sum equal to forty-five per- cent (45%) of the Basic Fee to be computed upon the agreed estimated actual cost of construction, less the pro -rata credit per item 6 below. 4. Upon receipt of bids and award of a construction contract, a sum equal to ten percent (10%) of the Basic Fee which shall be adjusted based upon the amount of the construction contract after an award is made, less the pro -rata credit per item 6 below. 5. During the Construction Phase, a sum equal to fifteen percent (15%) of the Basic Fee shall be paid in monthly installments the amount of which shall bear the same relationship to the total 15% as the Monthly Construction Estimate bears to the_total contract price. Final payment will not be made to the Engineer until the condition of Article II, Section F, Paragraph 1 is met. 6. Engineer agrees to credit the $25,000.00 Study and Report Phase• fee against all fees due as follows: PHASE CREDIT TO CITY Design Development Phase 30% of $25,000 Construction Documents Phase 45% of $25,000 Bidding/Contract Phase 10% of $25,000 Construction Phase 15% of $25,000 on Engineers first invoice. 7. In regard to the Engineer's Fee, the parties further agree: No deductions shall be made from the Engineer's fee on account of penalty, liquidated damages, or other sum withheld from payments to the contractor but the City will (6) not pay the Engineer a fee for change orders necessitated as a result of negligence or omissions on the part of the Engineer. 8. Both parties agree that the award of this contract shall mean that the City has funded and authorized only the study and report phase as is described in scope and fee of this contract, and that no design work beyond that required for the study and report phase will be undertaken by the Engineer unless specifically authorized in writing by the City, and only after the City has provided for funding for such additional fees for subsequent design work. IV. The City reserves the right to terminate this contract at any time without or with cause. In the event of such termination, the Engineer will be paid a sum proportionate to the state of completion of the phase of work in which he is then engaged. IN TESTIMONY WHEREOF, witness our hands in duplicate, each of which shall be considered an original, on the day and year first below written. ATTEST THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: This day of , 1981. J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney (7) GOLDSTON ENGINEERING, INC. By Corpus Christi, Texas JO day of 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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. , 19 1/ .'Respectfully, Council Members Respectfully, MAYSRPro•le The City of Corpus Christi, Texas The Charter rule was suspended by he following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed by e following vote: Luther Jones / Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. /,. Dr. Charles W. Kennedy Cliff Zarsky / 16263