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HomeMy WebLinkAbout08094 ORD - 07/13/1966vMP:7/13/66 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH JIM W. MACHLAN AND WILLIAM B. STALTER FOR PROFESSIONAL SERVICES AS REQUIRED IN THE PROGRAMMING AND DESIGN OF THE POLICE BUILDING ADDITION; A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, i - TEXAS: `. SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH JIM W. MACHLAN AND WILLIAM B. STALTER FOR PROFESSIONAL SERVICES AS REQUIRED IN THE PROGRAMMING AND DESIGN OF THE POLICE BUILDING ADDITION, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE IMMEDIATE EXECUTION OF THE ABOVE DESCRIBED CONTRACT IN ORDER THAT WORK MAY PROCEED IN THE PROGRAMMING AND DESIGN OF THE POLICE BUILDING ADDITION IN THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND 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 /S-4 AY OF JULY, 1966. ATTEST: & MAYOR THE "xc? --f/l zl 0, THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THI /3 DAY OF JULY, 1966: CITY ATTORNEY 80941 CORPUS CHRISTI, TEXAS f_?iG DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING 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, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, m o MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: VOTE: DR. MCIVER FURMAN a ^WI( / -_ JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE r I AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES Q THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF , 1966, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY AUTHORIZED TO ACT, HEREINAFTER CALLED THE "CITY ", AND THE FIRM OF JIM W. MACHLAN AND THE FIRM OF WILLIAM B. STALTER, OF CORPUS CHRISTI, TEXAS, HEREINAFTER JOINTLY CALLED THE "ARCHITECT" WITNESSETH: THAT WHEREAS, THE CITY INTENDS TO CONSTRUCT A POLICE BUILDING ADDI- TION IN THE CITY OF CORPUS CHRISTI, TEXAS: NOW, THEREFORE, THE CITY AND THE ARCHITECT, FOR THE CONSIDERATION HEREINAFTER NAMED, AGREE AS FOLLOWS: I THE ARCHITECT AGREES TO PERFORM, FOR THE ABOVE NAMED WORK, PRO- FESSIONAL SERVICES AS HEREINAFTER SET FORTH. II THE CITY AGREES TO PAY THE ARCHITECT FOR SUCH SERVICES SEVEN PER CENT (7%) OF THE COST OF THE WORK, SAID BASIC RATE TO BE CALCULATED UPON THE ESTIMATED ACTUAL COST UNTIL SUCH TIME AS THE ACTUAL COST OF THE CON- STRUCTION HAS BEEN DETERMINED BY THE LETTING OF A CONTRACT, FROM AND AFTER WHICH DATE THE ACTUAL COST OF CONSTRUCTION AS DETERMINED BY THE CONTRACT PRICE SHALL BE USED AS THE COST OF THE WORK. III THE PARTIES FURTHER AGREE TO THE FOLLOWING CONDITIONS: (1) THE ARCHITECT'S SERVICES. -- THE ARCHITECT'S PROFESSIONAL SERVICES CONSIST OF THE NECESSARY CONFERENCES, THE PREPARATION OF PRELIM- INARY STUDIES, WORKING DRAWINGS, SPECIFICATIONS,LARGE SCALE AND FULL SIZE DETAILED DRAWINGS FOR ARCHITECTURAL, STRUCTURAL PLUMBING ELECTRICALS AND HEATING, VENTILATING, AND AIR CONDITIONING; THE DRAFTING OF FORMS OF PRO- POSALS; INCLUSION OF A CONTRACT FORM IN THE PROPOSAL; THE CHECKING OF SHOP DRAWINGS; THE ISSUANCE OF CERTIFICATES OF PAYMENT; THE KEEPING OF ACCOUNTS THE GENERAL ADMINISTRATION OF THE BUSINESS AND JOB INSPECTION OF THE WORK. TO THE EXTENT PROVIDED BY THE CONTRACT BETWEEN THE CITY AND THE CONTRACTOR, HE SHALL MAKE DECISIONS ON ALL CLAIMS OF THE CITY AND CONTRACTOR AND ON ALL OTHER MATTERS RELATING TO THE EXECUTION AND PROGRESS OF THE WORK OR THE INTERPRETATION OF THE CONTRACT DOCUMENTS. HE SHALL CHECK AND APPROVE M SAMPLES, SCHEDULES, SHOP DRAWINGS AND OTHER SUBMISSIONS ONLY FOR CONFORMANCE WITH THE DESIGN CONCEPT OF THE PROJECT AND FOR COMPLIANCE WITH THE INFORMA- TION GIVEN BY THE CONTRACT DOCUMENTS, PREPARE CHANGE ORDERS AND ASSEMBLE WRITTEN GUARANTEES REQUIRED OF THE CONTRACTORS. ARCHITECT WILL MAKE PERIODIC VISITS TO THESITE 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 DOCUMENTS. HE WILL NOT BE REQUIRED TO MAKE EXHAUSTIVE OR CONTINUOUS ON -SITE INSPECTIONS TO CHECK THE QUALITY OR QUANTITY OF THE WORK AND HE WILL NOT BE RESPONSIBLE FOR THE CONTRACTORS' FAILURE TO CARRY OUT THE CONSTRUCTION WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. DURING SUCH VISITS AND ON THE BASIS OF HIS OBSERVATIONS WHILE AT THE SITE, HE WILL KEEP THE CITY INFORMED OF THE PROGRESS OF THE WORK, WILL ENDEAVOR TO GUARD THE CITY AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS, AND HE MAY CONDEMN WORK AS FAILING TO CONFORM TO THE CONTRACT DOCUMENTS. BASED ON SUCH OBSERVATIONS AND THE CONTRACTORS' APPLICATIONS FOR PAYMENT, HE WILL DETERMINE THE AMOUNT OWING TO 'HE CONTRACTOR AND WILL ISSUE CERTIFICATES FOR PAYMENT IN SUCH AMOUNTS. THESE CERTIFICATES WILL CONSTITUTE A REPRESENTATION TO THE CITY, BASED ON SUCH OBSERVATIONS AND THE DATA COMPRISING THE APPLICATION FOR PAYMENTS THAT THE WORK HAS PROGRESSED TO THE POINT INDICATED. BY ISSUING A CERTIFICATE FOR PAYMENT, THE ARCHITECT WILL ALSO REPRESENT TO THE CITY THAT, TO THE BEST OF HIS KNOWLEDGE, INFORMATION AND BELIEF BASED ON WHAT HIS OBSERVATIONS HAVE REVEALED, THE QUALITY OF THE WORK IS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. HE WILL CONDUCT INSPECTIONS TO DETERMINE THE DATES OF SUBSTANTIAL AND FINAL COMPLETION AND ISSUE A FINAL CERTIFICATE FOR PAYMENT. -2- THE CITY REPRESENTS THAT IT HAS BUDGETED FOR CONSTRUCTION PURPOSES THE SUM OF FOUR HUNDRED AND SIXTY -FIVE THOUSAND DOLLARS ($465,000), NOT IN- CLUDING THE COST OF THE ARCHITECT'5 FEE, AND IN ANY EVENT, UNLESS MODIFIED IN WRITING SIGNED BY THE PARTIES HERETO, THE MAXIMUM FEE TO BE PAID THE ARCHITECT HEREUNDER SHALL -BE SEVEN PER CENT (7,0) OF THE SAID SUM. THE DESIGN OF THE BUILDING SHALL BE SUCH THAT THE COST THEREOF WILL NOT EXCEED THE AMOUNT ALLOCATED ABOVE BY THE CITY FOR ITS CONSTRUCTION, PROVIDED THAT THE CITY SHALL COMMENCE ADVERTISING FOR BIDS WITHIN 30 DAYS AFTER THE ACCEPTANCE OF FINAL PLANS BY THE CITY. THE ARCHITECT SHALL HAVE COMPLETE PLANS AND SPECIFICATIONS READY FOR THE CITY TO ADVERTISE FOR BIDS WITHIN 105 DAYS AFTER THE APPROVAL OF THE PRELIMINARY PLANS BY THE CITY. PRELIMINARY PLANS WILL BE FURNISHED ON OR BEFORE SEPTEMBER 5, 1966. IN THE EVENT PRELIMINARY PLANS ARE REQUESTED IN WRITING, AS TO SOMETHING RELATED TO THE BUILDING AND ARCHITECT ELECTS TO DO SUCH EXTRA WORK, EXTRA COMPENSATION SHALL BE PAID AS THOUGH THAT WORK WERE PART OF THE ENTIRE WORK AT THAT PLACE. (Z) PAYMENTS. -- PAYMENTS TO THE ARCHITECT ON ACCOUNT OF HIS FEE SHALL BE MADE AS FOLLOWS: (A) UPON COMPLETION OF THE PRELIMINARY STUDIES AND PRESENTATION TO THE CITY OF PRELIMINARY PLANS AND SKETCHES AND APPROVAL BY THE CITY OF SUCH PRELIMINARY PLANS AND SKETCHES, A SUM EQUAL TO THIRTY -FIVE PER CENT (35 %) OF THE BASIC RATE COMPUTED UPON A REASONABLE ESTIMATED COST; (B) UPON COMPLETION OF SPECIFICATIONS AND GENERAL WORKING DRAWINGS, INCLUDING DETAILED PLANS AND SPECIFICATIONS, LARGE SCALE AND FULL SIZE DETAILED DRAWINGS, AND THE DRAFTS OF FORMS AND PROPOSALS OF CONTRACTS, AND ACCEPTANCE AND APPROVAL OF THE SAME BY THE CITY, MONTHLY PAYMENTS WILL BE MADE PROPORTIONAL TO WORK C014PLETED IN ORDER THAT THE TOTAL PAID FOR THE PHASE SHALL BE, UPON ACCEPTANCE AND APPROVAL, AN ADDITIONAL SUM EQUAL TO FORTY PER CENT (40%) OF SAID BASIC RATE. THE ENTIRE BASIC FEE SHALL, UPON AWARD OF CONTRACT, BE ADJUSTED TO THE AMOUNT OF THE AWARD FROM THE AMOUNT OF THE ESTIMATE. IN THE EVENT THE LOWEST ACCEPTABLE BID EXCEEDS THE ESTIMATED COST AND THE CITY ELECTS TO REVISE THE PLANS FOR FURTHER ADVERTISING FOR -3- BIDS THE ARCHITECT SHALL CONFER WITH THE CITY AND MAKE SUCH REVISION AS IS SATISFACTORY TO THE CITY FOR THE RE- ADVERTISING FOR BIDS. (C) TWENTY -FIVE PERCENT (25 %) OF SAID BASIC FEE SHALL BE PAID IN INSTALLMENTS BY WAY OF MONTHLY PAYMENTS IN AMOUNTS BASED ON THE CONSTRUC- TION ESTIMATES AND EACH PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON THE CONSTRUCTION WHICH WILL BE THE SAME AS THE SUM OF TWENTY -FIVE PERCENT (25 %) OF SAID FEE BEARS TO THE TOTAL'CONSTRUCTION COST, UNTIL ALL OF SAID TWENTY -FIVE PERCENT (25%) OF SAID FEE SHALL HAVE BEEN PAID. (D) NO DEDUCTIONS SHALL BE MADE FROM THE ARCHITECT'S FEE ON ACCOUNT OF PENALTY LIQUIDATED DAMAGES, OR OTHER SUM WITHHELD FROM PAYMENTS TO CONTRACTORS. •• (3) THE CITY RESERVES THE RIGHT TO TERMINATE THIS CONTRACT AT ANY TIME WITH OR WITHOUT CAUSE. IN THE EVENT OF SUCH TERMINATION THE ARCHITECT WILL BE PAID A SUM PROPORTIONATE TO THE STAGE OF COMPLETION OF THE PHASE OF WORK IN WHICH HE IS THEN ENGAGED. UPON SUBMISSION BY THE ARCHITECT OF THE PRELIMINARY PLANS OUTLINE SPECIFICATIONS, AND PRELIMINARY ESTIMATE OF COST, THE CITY MAY ELECT TO TERMINATE THE SERVICES OF THE ARCHITECT, IN WHICH EVENT TWO AND FORTY -FIVE ONE- HUNDREDTHS PERCENT (2.45 %) OF THE PRELIMINARY ESTIMATE OF COST WILL BE THE ONLY COMPENSATION TO BE PAID. THE ARCHITECT WILL NOT PROCEED WITH DEVELOPMENT OF WORKING DRAWINGS AND SPECIFICATIONS UNTIL AUTHORIZED IN WRITING BY THE DIRECTOR OF PUBLIC WORKS. SIMILARLY THE CITY MAY ELECT TO TERMINATE THE SERVICES OF THE ARCHITECT UPON THE ACCEPTANCE OF THE COMPLETED PLANS AND SPECIFICATIONS1 IN WHICH EVENT THE TOTAL COMPENSATION DUE AND PAYABLE TO THE ARCHITECT WILL BE FIVE AND ONE- QUARTER PERCENT (5 -1/4A) OF THE ESTIMATED CONSTRUCTION COST IN THE EVENT NO CONTRACT 15 LET. IN THE EVENT BIDS ARE TAKEN AND THE CITY ELECTS NOT TO PROCEED FURTHER WITH THE PROJECT, THE FEE WILL BE ADJUSTED TO FIVE AND ONE- QUARTER PERCENT (5 -1/4 %) OF THE VALUE OF THE LOWEST BID OR FIVE AND ONE- QUARTER PERCENT (5 -1/4%) OF THE ESTIMATED COST, WHICHEVER IS THE LESSER AMOUNT. IV THE CITY SHALL DESIGNATES ANDj SO FAR AS THE WORK UNDER THIS AGREEMENT MAY REQUIRES FURNISH THE ARCHITECT WITH THE FOLLOWING INFORMATION: -4- A COMPLETE AND ACCURATE SURVEY OF THE BUILDING SITE, GIVING THE GRADES AND LINES OF STREETS; PAVEMENTS AND ADJOINING PROPERTIES THE RIGHTS, RESTRIC- TIONS, EASEMENTS, TENTATIVE BOUNDARIES AND CONTOURS OF THE BUILDING SITE. THE CITY IS TO PAY FOR BORINGS OR TEST PITS AND FOR CHEMICAL, MECHANICAL, OR OTHER TESTS WHEN REQUIRED. V IF THE ARCHITECT IS ASSIGNED THE JOB INSPECTION OF THE CONSTRUCTION, HE AGREES TO UTILIZE THE MECHANICAL, ELECTRICAL, AND STRUCTURAL ENGINEERING STAFF OF HIS FIRM FOR THE GENERAL SUPERVISION THROUGHOUT THE CONSTRUCTION OF THE BUILDING AND, IN ADDITION, FOR FINAL INSPECTION. THE ARCHITECT WILL GUARD THE CITY AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS. A CONSULTANT; WHOSE SELECTION SHALL BE SUBJECT TO APPROVAL BY CITY, SPECIALIZING IN DESIGN OF POLICE DEPARTMENT BUILDINGS, SHALL BE USED BY ARCHITECTS AT THEIR EXPENSES AT REQUEST OF CITY. VI WHEN REQUESTED TO DO SO THE ARCHITECT WILL FURNISH PRELIMINARY ESTIMATES ON THE COST OF THE WORK, BUT HE DOES NOT GUARANTEE THE ACCURACY OF SUCH ESTIMATES. m THE COST OF THE WORK, AS HEREIN REFERRED TOE MEANS THE COST TO THE CITY, BUT SUCH COST SHALL NOT INCLUDE ANY ARCHITECTS OR ENGINEERS FEES. THE COST INCLUDES THE BUILDING AND ALL ITS MECHANICAL EQUIPMENT, ALL MINOR SITE IMPROVEMENTS (EXCEPT LANDSCAPING), BUILT -IN EQUIPMENT, AND EQUIPMENT TO BE INSTALLED BY THE GENERAL CONTRACTOR. THE COST DOES NOT INCLUDE MOVABLE OR FREE - STANDING EQUIPMENT, . FURNISHINGS OR FIXTURES BUT THE ARCHITECT AGREES TO ASSIST IN THE SELECTION OF SUCH EQUIPMENT WITHOUT COMPENSATION. VIII THE ARCHITECT SHALL PROVIDE TWENTY (20) 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 PROPECTIVE QUALIFIED BIDDERS, WHO MAY SECURE A COPY THEREOF BY -5- t COMPLYING WITH THE TERMS SET OUT IN SAID SPECIAL INSTRUCTIONS FOR OBTAINING SAME. THE ARCHITECT SHALL FURNISH TO THE CITY UPON COMPLETION OF SAID PROJECT, OR UPON THE TERMINATION OF THIS CONTRACT AS HEREIN PROVIDED, IN A SUITABLE CONTAINER FOR FILING IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY, THE ORIGINAL TRACINGS OR OTHER POSITIVE PRINTINGS, FROM WHICH REPRODUCTIONS MAY BE MADE, OF ALL DESIGNS AND DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS; AND ALL SUCH DESIGNS, DRAWINGS AND SPECIFICATIONS PREPARED BY THE ARCHITECT PURSUANT TO THIS CONTRACT SHALL BELONG TO THE CITY. ANY AND ALL CORRECTIONS ALTERATIONS OR AMEND- MENTS TO THE PLANS MADE DURING THE PERIOD OF CONSTRUCTION SHALL BE SHOWN ON THE FINAL SET OF PLANS AND SPECIFICATIONS SO AS TO REFLECT TRUE PLANS AND SPECIFICATIONS OF THE BUILDING AS BUILT. ix THE ARCHITECT SHALL NOT ASSIGN OR TRANSFER ANY INTEREST IN THIS CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY, THE ARCHITECT SHALL FURNISH THE DOCUMENTS AND PERSONALLY RENDER OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TIMES AS MAY BE NECESSARY TO INSURE THE PROMPT AND CONTINUOUS PROSECU- TION OF THE WORK OF DESIGNING AND CONSTRUCTING THE PROJECT, AND IT IS UNDER- STOOD THAT ALL DESIGNS AND DETAILS OF DESIGNING ARE SUBJECT TO THE APPROVAL OF THE CITY, AND UNTIL ACCEPTANCE OF THE RESULTS OF SERVICES AS TO EACH RESPECTIVE PHASES THERE SHALL BE NO LIABILITY ON THE PART OF THE CITY FOR SUCH SERVICES AS TO EACH RESPECTIVE PHASE. EACH PHASE SHALL BE BASED ON THE ACCEPTED WORK OF THE PRECEDING PHASE. REVISING PREVIOUSLY APPROVED SERVICES SHALL BE COMPENSATED BY THE CITY, IN ADDITION TO THE FEES PROVIDED HEREIN AND PAYABLE ON PERFORMANCE OF SUCH ADDITIONAL WORK. COMPENSATION FOR SUCH ADDITIONAL SERVICES SHALL BE TWO AND ONE -HALF (2 -1/2) TIMES THE DIRECT PERSONNEL EXPENSES EXCEPT SECRETARIAL SERVICES AT THEIR REGULAR RATE OF PAY. m } k, IN TESTIMONY WHEREOF, WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, ON THE DAY AND YEAR FIRST ABOVE WRITTEN. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY HERBERT W. WHITNEY CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF JULY, 1966: "CITY" ' CITY ATTORNEY DIRECTOR OF FINANCE JIM W. MACHLAN WILLIAM B. STALTER "ARCHITECT"