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HomeMy WebLinkAbout08421 RES - 04/19/19670. 4/17/67 . 0 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ARCHITECTURAL AGREEMENT WITH MORRIS L. LEVY FOR SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF A BOY'S CLUB NEIGHBORHOOD FACILITY, AND AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 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 ARCHITECTURAL AGREEMENT WITH MORRIS L. LEVY FOR SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF A BOY'S CLUB NEIGHBORHOOD FACILITY, 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 DESIGN OF THE BOY'S CLUB NEIGHBORHOOD FACILITY 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 DAY OF APRIL, 1967. ATTEST: ` 6j CIT S CRETARY Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS _/ -7 _ DAY OF APRIL, 1967: CITY ATTOAKEY 0 8422 detailed drawings for architectural, structural, plumbing, electrical, and heating, ventilatingy 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 adminiatratioa of the business and ,yob inspection of the wgrk. . To the extent provided by the contract between the City and the Contractor, he -shall make decisions on all claims of the - Cityand 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 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 doeuments,.prepare change orders and assemble written guarantees required of the Contractors. Architect will.make daily visits to the site to familiarize him- self 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 the Contractor and will issue Certificates for Payment in auch amounts. These Certificates will constitute a representation to -the City,, based on such observations and the data comprising the application for payment, that tle taark 'eB progressed to tl:e 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. -2- HE WILL CONDUCT INSPECTIONS TO DETERMINE THE DATES OF SUBSTANTIAL AND FINAL COMPLETION AND ISSUE A FINAL CERTIFICATE FOR PAYMENT. THE CITY REPRESENTS THAT IT HAS BUDGETED FOR CONSTRUCTION PUR- POSES THE SUM OF f3G0,560, NOT INCLUDING THE COST OF THE ARCHITECTS FEE,, AND IN ANY EVENT, UNLESS MODIFIED IN WRITING SIGNED BY THE PARTIES HERETO/ THE MAXIMUM FEE TO BE PAID THE ARTHITECT HEREUNDER SHALL BE SIX PER CENT I6 %! 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 CONSTRUCTIONS PROVIDED THAT THE CITY SHALL COMMENCE ADVERTISING FOR 0103 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 THREE AND ONE -HALF MONTHS AFTER THE APPROVAL OF THE PRELIMINARY PLANS BY THE CITY. (2) PAYMENTS. -- PAYNENTS 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 OY THE CITY AND BUILDING COVINITTEE OF THE GOYS CLUB OF OUCH PRELIMINARY PLANS AND SKETCHES,, A SUM EQUAL TO TWENTY -FIVE PER CENT (25 %) OF THE BASIC RATE COMPUTED UPON A REASONABLE ESTIMATED COST; (a) SPECIFICATIONS AND GENERAL WORKING DRAWINGS: DETAILED PLANS AND SPECIFICATIONS, LARGE SCALE AND FULL S12E DETAILED DRAWINGS, AND THE DRAFTS OF FORMS AND PROPOSALS OF CONTRACT30 WILL BE PAID FOR IN MONTHLY PAYMENTS PROPORTIONAL TO WORK COMPLETED. THE TOTAL PAID FOR THIS PHASE SHALL BE, UPON ACCEPTANCE AND APPROVAL BY THE CITY AN ADDITIONAL SUM EQUAL TO FIFTY PER CENT (5%) OF SAID BASIC RATE. THE ENTIRE BASIC FEE SHALLy 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 ELECT$ TO REVISE THE PLANS FOR FURTHER ADVERTISING FOR 8108, THE ARCHITECT SHALL CONFER WITH THE CITY. AND MAKE SUCH REVISION AS 13 SATISFACTORY TO THE CITY FOR THE RE- ADVERTISING FOR BIDS. (C) TWENTY -FIVE PER CENT (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 -3. • THE CONSTRUCTION WHICH WILL BE THE SAME AS THE SUN OF TWENTY -FIVE PER CENT (25 %) OF SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST, UNTIL ALL OF SAID TWENTY -FIVE PERCENT (25 %) OF SAID FEE SHALL NAVE BEEN PAID. (0) NO DEDUCTIONS SHALL Of MADE FROM THE ARCHITECT'S FEE ON ACCOUNT OF PENALTY, LIQUIDATED DAMAGES, OR OTHER SUM WITHHELD FROM PAYMENTS TO CONTRACTORS. (3) SHOULD FEDERAL FUNDING NOT DECOME AVAILABLE FOR THIS PROJECT THE CITY RESERVES THE RIGHT TO TERMINATE THIS CONTRACT. 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 15 THEN ENGAGED. THE ARCHI- TECT WILL NOT PROCEED WITH DEVELOPMENT OF WORKING DRAWINGS AND SPECIFICA- TIONS UNTIL AUTHORIZED IN WRITING BY THE DIRECTOR OF PUBLIC WORKS. IN THE EVENT 5105 ARE TAKEN AND FEDERAL FUNDS ARE NOT AVAILABLE TO PROCEED FURTHER WITH THE PROJECT, THE FEE WILL 5E ADJUSTED TO THE VALUE OF. THE LOWEST BID OR THE BUDGETED COST, WHICHEVER 19 THE LESSER AMOUNT. IV THE CITY SHALL DESIGNATE, AND, SO FAR AS THE WORK UNDER THIS AGREEMENT MAY REQUIRE, FURNISH THE ARCHITECT WITH THE FOLLOWING INFORMATION: 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, INCLUDING SKETCH OR MAP SHOWING LOCATION FOR WATER, GAS AND SEWER LINES. V 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. Vi THE COST OF THE WORK, AS HEREIN REFERRED TO, MEANS THE COST TO THE CITY, BUT SUCH COST SHALL NOT INCLUDE ANY ARCHITCCTS OR ENGINEERS FEES. THE COST INCLUDES THE BUILDING AND ALL ITS MECHANICAL EQUIPMENT, ALL MINOR SITE INPROVEMENTS, GUILT -IN EQUIPMENT, AND EQUIPMENT TO BE INSTALLED BY THE -lF- • GENERAL CONTRACTOR. THE' COST BOES NOT INCLUDE MOVApLC OR FREE- STANDING CQUIPMENT; FURNISHINGS OR FIXTURES, BUT THE ARCHITECT AGREES TO ASS137 IN THE SELECTION OF SUCH EQUIPMENT WITHOUT COMPENSATION. Vil THE ARCHITECT SHALL PROVIDE COMPLETE WORKING DRAWINGS AND SPECI- FICATI'ONS COVERING THE WORK, INCLUDING PROPOSAL FORMS AND SPECIAL INSTRUC- TIONS TO BIDDERS; FOR GENERAL DISTRIBUTIQN 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. 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 THECITYi PRINTED COPIES OF THE ORIGINAL TRACINGS OR OTHER 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 CON- TRACT SHALL BELONG TO THE CITY.' ANY AND ALL CORRECTIONSA ALTERATIONSa OR AMENDMENTS 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. Vile THE ARCHITECT SHALL NOT ASSIGN THIS CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF TOE CITY. ix 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 PROJECTS AND IT IS UNDER" STOOD THAT ALL DESIGNS AND DETAILS OF DESIGNING ARE SUOJCCT TO THE APPROVAL OF THE CITY' AND THE BUILDING COMMITTEE OF THE BOYS CLUB,, AND UNTIL ACCEPT- ANCE OF THE RESULTS OF SERVICES AS TO EACH RESPECTIVE PHASE; THERE SHALL BE NO LIABILITY ON THE PART OF THE CITY OF SUCH SERVICES AS TO EACH RESPECTIVE -5- C' CORPUS CHRISTI, TEXAS �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 SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, AY R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLA CKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M. D. C GABE LOZANO, SR. KEN MCDANIEL ���