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HomeMy WebLinkAbout19648 ORD - 02/27/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF CONTRACTS WITH GOLDSTON ENGINEERING, INC. FOR THE DESIGN OF REPAIRS AND RENOVATIONS TO THE PEOPLES STREET AND LAWRENCE STREET T -HEADS AND COOPER'S ALLEY L -HEAD, AND WITH OGLETREE ENGINEERING, INC. FOR THE DESIGN OF REPAIRS TO THE SEAWALL AND RENOVATIONS TO THE BARGE DOCK; APPROPRIATING $110,700; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute contracts with Goldston Engineering, Inc. for the design of repairs and renovations to the Peoples Street and Lawrence Street T -Heads and Cooper's Alley L -head, and with Ogletree Engineering, Inc. for the design of repairs to the seawall and renovations to the barge dock, all as more fully set forth in the contracts, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and "B" respectively. SECTION 2. That there is hereby appropriated $110,700 from the No. 551 Park Bond Fund of which $59,500 is for the Goldston contract and $51,200 is for the Ogletree contract applicable to Project No. 551-86-1.1, Seawall and T -Head Improvements. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned contracts at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall ,take affect upon first reading as an emergency measure this the 54-l1 day of MO tX!J1 19g7 . ATTEST: City e Ci y y APPROVED: ``/'--DAY OF HAL GEORGE, CITY ATTORNEY By Assistant City ' Frney 03P.087.01 MAYOR , 19,1'7 THE CI Or OF CORPUS CHRISTI, TEXAS 19648 MICROFILMED THE STATE OF TEXAS COUNTY OF NUECES The City of Engineering, Inc., I. CONTRACT FOR ENGINEERING SERVICES 5 Corpus Christi, hereinafter called "City", and Goldston hereinafter called "Engineer", agree as follows: SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop studies, designs, and plans and specifications for the repairs and renovations to the bulkheading and surface facilities on the Corpus Christi Marina land masses; Peoples Street and Lawrence Street T -Heads and Cooper's Alley L -Head. (Scope of work terminates at east side water exchange passes on T -Heads and at foot of seawall on L -Head). It should be noted that the City and Ogletree Engineering have entered into a contract for engineering services for the seawall repairs. The Engineer shall coordinate the interface work with Ogletree Engineering. II. SCOPE OF SERVICES Engineer's services under Section I will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1982 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. In the Preliminary Phase 1. Review existing condition reports and repair recommendations for bulkheading. 2. Conduct sufficient inspections and surveys to assure that conditions depicted in previous reports are accurate. 3. Prepare condition evaluation criteria for bulkheading. 4. Recommend repair procedure for bulkheading. The repair procedure shall be such that it will allow for staged construction. 5. Evaluate condition of surface facilities, such as curb and gutter, sidewalk, pavement, and post and cable systems. 6. Prioritize repairs to surface facilities. 7. Prepare cost estimates for construction of bulkhead and surface facilities. 8. Confer with City representatives regarding the proposed project. 9. Submit a preliminary report covering the above to the City for review and approval. B. In the Design Phase (for Work as Authorized by City) NOTE: NO DESIGN PHASE WORK IS AUTHORIZED BY THE CITY PER THIS CONTRACT. THE FOLLOWING ARE MINIMUM DUTIES OF THE ENGINEER FOR THE DESIGN PHASE AND ARE INCLUDED HEREWITH FOR INFORMATION ONLY. SUBSEQUENT AMENDMENTS TO THIS CONTRACT WILL AUTHORIZE DESIGN PHASE WORK AND POSSIBLY FURTHER DUTIES IN THIS PHASE. Engineering Services - Goldston Engineering, Inc. Bulkheading and Surface Facilities Renovation Page 1 of 5 1. Furnish engineering data necessary for the City to prepare permits required by Local, State and Federal authorities, and advise the City regarding coordination of project with Federal agencies. 2. Preparation of detailed contract plans and specifications for construction; furnish all necessary plans, specifications and proposal documents to the City for advertising for bids. (The City estimates a maximum of 25 sets of advertising documents will be required.) 3. Preparation of estimates of quantities and costs. 4. Assist the City is securing bids and prepare bid tabulation sheet. 5. Prepare bid tabulation, analyze bids and make recommendation concerning award of contract. 6. In the event the lowest bid exceeds the project budget cost, confer with City and make revisions as is necessary and satisfactory to the City for readvertising of the project for bids. In the event the requested revisions involve major changes in design concept, the provisions of Section V will apply. C. In the Construction Phase NOTE: NO CONSTRUCTION PHASE WORK IS AUTHORIZED BY THE CITY PER THIS CONTRACT. THE FOLLOWING ARE MINIMUM DUTIES OF THE ENGINEER FOR THE CONSTRUCTION PHASE AND ARE INCLUDED HEREWITH FOR INFORMATION ONLY. SUBSEQUENT AMENDMENTS TO THIS CONTRACT WILL AUTHORIZE CONSTRUCTION PHASE WORK AND POSSIBLY FURTHER DUTIES IN THIS PHASE. 1. Check shop and working drawings when required and furnished by contractor. 2. Attend the pre -construction conference. 3. Consultation with the City and advise during construction. 4. General observations of the work and interpretation of the plans and specifications by periodic visits (as distinguished from the continuous services of a resident project representative) to the site by a qualified inspector. Underwater Inspection Services shall be included as Special Services. Periodic visits shall mean a minimum of one project visit weekly of a two hour duration during the Construction Phase. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of the contractor, but he cannot guarantee the performance of the contractor nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 5. Preparation of change orders and monthly and final estimates for payments to the contractor, based on contractor's submittal. Engineering Services - Goldston Engineering, Inc. Bulkheading and Surface Facilities Renovation Page 2 of 5 6. Represent the City in interpreting and rendering decisions on the requirements of the contract documents and claims or disputes between the contractor and the City, to include any disputes or claims made by the City against the contractor within one year of the final inspection; instruct the contractor on behalf of the City (including preparation of supplementary drawings or instructions required to effectuate the intent of the contract documents). 7. Final inspection. 8. Revision of the construction drawings to show the project as actually constructed and the furnishing of "As -Built" reproducible drawings. D. Special Services This ✓ contract includes the furnishing of periodic underwater inspection services by the Engineer in order to assure the contractor's compliance with the plans and specifications. The frequency and duration of these inspections shall be agreed on by the City's Construction Engineer and the Engineer. City agrees to pay the Engineer Six Hundred Dollars ($600.00) per day for such services with a total sum not to exceed Three Thousand Six Hundred Dollars ($3,600.00) for said services. Payment will be made on a monthly basis based on submitted invoices. Any sums rendered for Special Services is in addition to the basic fee as outlined in Section III paragraph A herein. E. Project Budget The City has budgeted $2,500,000 for this project as included in the Park and Recreation Proposition of the April, 1987 referendum. This figure includes construction costs, engineering fees, construction testing, inspection services, contingencies and related items. It is anticipated that the work identified in the preliminary phase, will exceed this budgetary figure. Therefore, the proposed work is to be prioritized and bid documents structured for additive or deductive alternates. F. Order of Services Engineer agrees to begin work immediately after written authorization from the City to complete the Preliminary Phase from the City and to complete the Preliminary Phase within 75 calendar days after authorization; the Design Phase (completion of Section II, B, 3) will be completed within 90 calendar days of executing an amendment to this contract authorizing the Design and Construction Phase and written notice by the City to proceed. III. FEE A. Fees for Basic Services The City will pay the Engineer a fixed fee of Fifty Nine Thousand Five Hundred and no/100 Dollars ($59,500.00) providing for basic engineering services for the Preliminary Phase of this contract. This fee will be full and total compensation for all services outlined. This fee is based on 35% of Engineering Services - Goldston Engineering, Inc. Bulkheading and Surface Facilities Renovation Page 3 of 5 the total estimated fee for all Engineering Services associated with this project. Fees for the Design and Construction Phase of this project will be included in subsequent amendments to this contract. B. Payment for Fees for Basic Services The fees for Basic Services rendered during the Preliminary Phase shall be due and payable monthly based on submitted invoices. IV. 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 has been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 85% of the fixed fee. C. If termination occurs after the letting of the contract but prior to final completion or acceptance by the City, the fee of the Engineer shall be computed in accordance with the provisions of Sections III and IV of this Contract to the date of termination. D. The foregoing shall not be construed to require the City to compensate the Engineer for any services not performed in a proper professional manner suitable for use in the construction of the project contemplated by the parties to this Contract. V. RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein for the improvement project is determined, by the Engineer's Preliminary Phase work, to be substantially different from the description of services or construction budget contained herein, or if after receipt of bids the City requests revisions which involve major changes in design concepts, the fee set forth in this Contract shall be renegotiable only insofar as this Contract pertains to the project or projects so determined to be substantially different. Fees for projects determined to be substantially in accordance with descriptions and budgets contained herein shall not be renegotiable. VI. ENGINEER'S 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 Engineering Services - Goldston Engineering, Inc. Bulkheading and Surface Facilities Renovation Page 4 of 5 documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. VII. 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. VIII. ASSIGNABILITY The Engineer shall not assign, transfer or delegate any of his 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 may be assigned in advance of receipt by the Engineer without written consent of the City. IX. TECHNICAL ASSISTANCE AND CONSULTATIONS The City shall not pay 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. X. DISCLOSURE OF INTERESTS Engineer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Contract, the Disclosure of Interests form attached hereto. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 19 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Craig A. McDowell, City Manager APPROVED: day of , 19 GOLDSTON ENGINEERING, INC. Assistant City Attorney By: Title: Engineering Services - Goldston Engineering, Inc. Bulkheading and Surface Facilities Renovation Page 5 of 5 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City", and Ogletree Engineering, Inc., hereinafter called "Engineer", agree as follows: I. SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop studies, designs, and plans and specifications for the repairs to the seawall and barge dock surface improvements and water exchange passes on the Peoples and Lawrence Street T -Heads. It should be noted that the City and Goldston Engineering, Inc. have entered into a contract for engineering services for the T -Head repairs. The Engineer shall coordinate the interface work the Goldston Engineering. II. SCOPE OF SERVICES Engineer's services under Section I will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services, as published in 1982 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. In the Preliminary Phase 1. Review existing condition reports and repair recommendations. 2. Conduct sufficient inspections and surveys to assure that conditions depicted on previous reports are accurate. 3. Prepare condition evaluation criteria for seawall repairs. 4. On the basis of the previous reports, the barge dock area and water exchange pass areas will have the highest priority. Recommend a repair procedure for these areas. The repair procedure recommended shall be such that it can be incorporated with or extended to the remainder of the seawall. 5. Evaluate condition of barge dock surface facilities. Recommend repairs and improvements. 6. Prepare cost estimates for seawall repairs and barge dock repairs and improvements. 7. Confer with City representatives regarding the proposed project. 8. Prepare a preliminary report covering the above for review and approval. B. In the Design Phase (for Work as Authorized by City) NOTE: NO DESIGN PHASE WORK IS AUTHORIZED BY THE CITY PER THIS CONTRACT. THE FOLLOWING ARE MINIMUM DUTIES OF THE ENGINEER FOR THE DESIGN PHASE AND ARE INCLUDED HEREWITH FOR INFORMATION ONLY. SUBSEQUENT AMENDMENTS TO THIS CONTRACT WILL AUTHORIZE DESIGN PHASE WORK AND POSSIBLY FURTHER DUTIES IN THIS PHASE. Engineering Services - Ogletree Engineering, Inc. Seawall and Barge Dock Surface Repair & Improvements Page 1 of 5 1. Furnish engineering data necessary for the City to prepare permits required by Local, State and Federal authorities, and advise the City regarding coordination of project with Federal agencies. 2. Preparation of detailed contract plans and specifications for construction; furnish all necessary plans, specifications and proposal documents to the City for advertising for bids only for work funded from the 1986 Bond Program. (The City estimates a maximum of 25 sets of advertising documents will be required.) 3. Preparation of estimates of quantities and costs. 4. Assist the City is securing bids and prepare bid tabulation sheet. 5. Prepare bid tabulation, analyze bids and make recommendation concerning award of contract. 6. In the event the lowest bid exceeds the project budget cost, confer with City and make revisions as is necessary and satisfactory to the City for readvertising of the project for bids. C. In the Construction Phase NOTE: NO CONSTRUCTION PHASE WORK IS AUTHORIZED BY THE CITY PER THIS CONTRACT. THE FOLLOWING ARE MINIMUM DUTIES OF THE ENGINEER FOR THE CONSTRUCTION PHASE AND ARE INCLUDED HEREWITH FOR INFORMATION ONLY. SUBSEQUENT AMENDMENTS TO THIS CONTRACT WILL AUTHORIZE CONSTRUCTION PHASE WORK AND POSSIBLY FURTHER DUTIES IN THIS PHASE. 1. Check shop and working drawings when required and furnished by contractor. 2. Attend the pre -construction conference. 3. Consultation with the City and advise during construction. 4. General observations of the work and interpretation of the plans and specifications by periodic visits (as distinguished from the continuous services of a resident project representative) to the site by a qualified inspector. Underwater Inspection Services shall be included as special services. Periodic visits shall mean a minimum of one project visit weekly of a two hour duration during the Construction Phase. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of the contractor, but he cannot guarantee the performance of the contractor nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 5. Preparation of change orders and monthly and final estimates for payments to the contractor, based on contractor's submittal. Engineering Services - Ogletree Engineering, Inc. Seawall and Barge Dock Surface Repair & Improvements Page 2 of 5 6. Represent the City in interpreting and rendering decisions on the requirements of the contract documents and claims or disputes between the contractor and the City, to include any disputes or claims made by the City against the contractor within one year of the final inspection; instruct the contractor on behalf of the City (including preparation of supplementary drawings or instructions required to effectuate the intent of the contract documents). 7. Final inspection. 8. Revision of the construction drawings to show the project as actually constructed and the furnishing of "As -Built" reproducible drawings. D. Special services This contract includes the furnishing of periodic underwater inspection services by the Engineer in order to assure the contractors compliance with the plans and specifications. The frequency and duration of these inspections shall be agreed on by the City's Construction Engineer and the Engineer. City agrees to pay the Engineer Five Hundred Seventy Dollars ($570.00) per day for such services with a total sum not to exceed Five Thousand Seven Hundred Dollars ($5,700.00) for said services. Payment will be made on a monthly basis based on submitted invoices. Any sums rendered for special services is in addition to the basic fee as outlined in Section III, paragraph A herein. E. Project Budget The City has budgeted $1,500,000 for this project as included in the Park and Recreation Proposition of the April, 1987 referendum. This figure includes construction costs, engineering fees, construction testing, inspection services, contingencies and related items. It is anticipated that the work identified in the preliminary phase, will exceed this budgetary figure. Therefore, the proposed work is to be prioritized and bid documents structured for additive or deductive alternates. F. Order of Services Engineer agrees to begin work immediately after written authorization from the City to complete the Preliminary Phase from the City and to complete the Preliminary Phase within 75 calendar days after authorization; the Design Phase will be completed within 75 calendar days of executing an amendment to this contract authorizing the Design and Construction Phase and written notice by the City to proceed. III. FEE A. Fees for Basic Services The City will pay the Engineer a fixed fee of Fifty One Thousand Two Hundred and no/100 Dollars ($51,200.00) providing for basic engineering services for the Preliminary Phase of this contract. This fee will be full and total compensation for all services outlined. This fee is based on 40% of Engineering Services - Ogletree Engineering, Inc. Seawall and Barge Dock Surface Repair & Improvements Page 3 of 5 the total estimated fee for all engineering services associated with this project. Fees for the Design and Construction Phase of this project will be included in subsequent amendments to this contract. B. Payment for Fees for Basic Services The fees for Basic Services rendered during the Preliminary Phase shall be due and payable monthly based on submitted invoices. IV. 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 has been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 85% of the fixed fee. C. If termination occurs after the letting of the contract but prior to final completion or acceptance by the City, the fee of the Engineer shall be computed in accordance with the provisions of Sections III and IV of this Contract to the date of termination. D. The foregoing shall not be construed to require the City to compensate the Engineer for any services not performed in a proper professional manner suitable for use in the construction of the project contemplated by the parties to this Contract. V. RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein for the improvement project is determined, by the Engineer's Preliminary Phase work, to be substantially different from the description of services or construction budget contained herein, the fee set forth in this Contract shall be renegotiable only insofar as this Contract pertains to the project or projects so determined to be substantially different. Fees for projects determined to be substantially in accordance with descriptions and budgets contained herein shall not be renegotiable. VI. ENGINEER'S 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 Engineering Services - Ogletree Engineering, Inc. Seawall and Barge Dock Surface Repair & Improvements Page 4 of 5 documents and work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in designs, working drawings, and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. VII. 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. VIII. ASSIGNABILITY The Engineer shall not assign, transfer or delegate any of his 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 may be assigned in advance of receipt by the Engineer without written consent of the City. IX. TECHNICAL ASSISTANCE AND CONSULTATIONS The City shall not pay 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. X. DISCLOSURE OF INTERESTS Engineer further agrees Ordinance No. 17112, to complete, Interests form attached hereto. EXECUTED IN DUPLICATE, each this day of ATTEST: , in compliance with City of Corpus Christi as part of this Contract, the Disclosure of of which shall be considered an original, , 19 City Secretary CITY OF CORPUS CHRISTI By: Craig A. McDowell, City Manager APPROVED: day of , 19 OGLETREE ENGINEERING, INC. By: Assistant City Attorney William Ogletree Engineering Services - Ogletree Engineering, Inc. Seawall and Barge Dock Surface Repair & Improvements Page 5 of 5 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 16, 1987 I certify to the City Council that $ 110,700.00 , 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 c credit of: Fund No. and Nath No. 551 Park Bond Fund Project No. 551-86-1.1 Project Name Seawall and T -Head Improvements from which it is proposed to be drawn, and such money is not 'appropriated for any other purpose. FIN 2-55 Revised 7/31/69 l //O, 100. OD /ISG A47615 7 (4t5-- , 19' Directo 1 Finance Corpus Christi, Texas 6441 day of , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was pass by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 99.045.01 196i8