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,
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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.
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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
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•
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
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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