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