Loading...
HomeMy WebLinkAbout16303 ORD - 06/10/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LEON HOWARD, INC. FOR DESIGN OF A SPRINKLER SYSTEM FOR THE OSO GOLF COURSE, WHICH PROVIDES FOR PRELIMINARY DESIGN, PREPARATION OF PLANS AND SPECIFICATIONS, CON- TRACT DOCUMENTS AND CONSTRUCTION SUPERVISION, THE FEE FOR SUCH SERVICES BEING $20,000; AND DECLARING AN EMER- GENCY. 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 Leon Howard, Inc., for design of a sprinkler system for the Oso Golf Course, which provides for preliminary design, pre- paration of plans and specifications, contract documents and construction supervision, the fee for such services being $20,000, 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. The necessity to execute the aforesaid contract so that the improvements may be made 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 intro- duction 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 necessity exists, 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 /0 day of June, 1981. ATTEST: APPROVED: /0 DAY OF JUNE, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By / eitVS,—'-- Assistant C,.ity/Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 16303 FILMED 'SEP 271984 CONTRACT CONSULTANT SERVICES THE STATE OF TEXAS �[ COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City", and Leon Howard, Inc., hereinafter called "Consultant", agree as follows: I. Services to be Performed: The Consultant hereby agrees at his own expense to perform all engineering, structural, mechanical, electrical, design work and related services necessary to properly develop design plans and specifications for and to supervise construction of a sprinkler system in the Oso Golf Course, in Corpus Christi, Texas. II. Scope of Services: The Consultant agrees to perform for the above named work, professional services as hereinafter set forth: A. Preliminary Phase 1. Hold necessary conferences with the City Staff so as to coordinate the planning of the project. 2. Research all available information applicable to the project. 3. Review the existing conditions and problems relating to the present sprinkler system. 4. Prepare preliminary report including preliminary design and cost estimate for the work proposed. _ 5. Submit four (4) copies of preliminary report to the City Department of Engineering & Physical Development for approval before proceeding further on the project. B. Design Phase 1. If authorized, prepare from the approved preliminary plans the complete working drawings and technical specifications setting forth in detail the requirements for the con- struction of the sprinkler system, 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 (3) sets of the Construction Documents for review by the City. Xy .A" C. Bidding and Contract Phase 1. Upon approval of the Construction Documents by the City, 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 distribution 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 Consultant upon request by the City, with the City reimbursing the Consultant for the actual cost of reproduction. 2. Supply the City with twenty-five (25) copies of a Bid Tabu- lation sheet one day prior to the receipt of bids. 3. Review and check all bid proposals and prepare a Tabulation of Bids. 4. 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 Consultant 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. 5. After the award of the contract by the City, the Consultant shall prepare six (6) copies of the Contract Documents ready for execution by the City and the Contractor. D. 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 Consultant will endeavor to guard the City against defects and deficiencies in the work of Contractors, - 2 - but he does not guarantee the performance of their contracts. 3. Provide the general administration of the construction contract 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. E. As -Built Drawings and Maintenance Manuals 1. The Consultant 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. 2. The Consultant 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 Consultant shall furnish to the City upon project comple- tion, 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 Consultant until the conditions of Section E are met. - 3 - F. Transfer of Interest The Consultant shall not assign or transfer any interest in this contract without prior written consent from the City. G. Orderly Rendering of Services The Consultant 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 con- structing 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 Consultant agrees to complete the Preliminary Phase within thirty (30) calendar days of date of contract. Items required of Design Phase will be submitted within sixty (60) days of approval of the Preliminary Phase, and items required of Construction Documents Phase will be submitted within thirty (30) calendar days of approval of Design Phase. III. The City agrees to pay the Consultant for his design and related services a maximum of eight percent (8%) of the cost of construction. A. Payments to the Consultant 1. Upon completion of the Preliminary Phase and acceptance and approval of the same by the City, the City will pay the Consultant a fee equal to 20'/ of 81/ basic fee. 2. Upon completion of the Design 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. 3. Upon completion of the Construction Documents Phase — and acceptance and approval of same by the City, a sum equal to 25% of the Basic Fee to be computed upon the agreed estimated actual cost of construction. 4. Upon receipt of bids and award of a construction con- tract, a sum equal to ten percent (100/) of the Basic - 4 - • Fee which shall be adjusted based upon the amount of the construction contract after an award is made. 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 Consultant until the condition of Article II, Section F, Paragraph 1 is met. 6. In regard to the Consultant's Fee, the parties further agree: No deductions shall be made from the Consultant's fee on account of penalty, liquidated damages, or other sum withheld from payments to the Contractor, but the City will not pay the Consultant a fee for change orders necessitated as a result of negligence or omissions on the part of_the Consultant. IV.- The City reserves the right to terminate this contract at any time .without or with cause. In the event of such termination, the Consultant 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 this the day of , 1981. ATTEST THE CITY OF CORPUS CHRISTI APPROVED: This By City Secretary R. Marvin Townsend, City Manager ' day of , 1981 J. Bruce Aycock, City Attorney By Assistant City Attorney Department Head LEON HOWARD, INC. By - 5 - Corpus Christi, Te s /t) day of19 i/ 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., Respectfully, Respectfully, MAYOR The City of Corpus Christi, Texas Council Members --The Charter rule was suspended by Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley 'Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky the following vote: passed by the following vote: 16303