Loading...
HomeMy WebLinkAbout09185 ORD - 12/30/1968JKH:12 -30 -68 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH ASSOCIATED ARCHITECTS, BEING VICTOR BROCK, ROBERT G. KIPP, LESLIE MABRY, JOE G. SMYTH, JR., NEEDHAM B. SMYTH, AND LLOYD WINSTONj SAID CONTRACT TO BE FOR ARCHITECTURAL SERVICES FOR THE CITY, NUECES COUNTY, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, FOR THE PREPARATION OF SPACE USE PLANS AND SITE RECOMMENDATIONS FOR THE GOVERNMENTAL CENTER IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND THE SUM OF $6,140 AS THE CITY'S PORTION OF THE COST FOR THE AFORESAID ARCHITECTURAL SERVICES; AND DECLARING AN EMERGENCY. 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 AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH ASSOCIATED ARCHITECTS, BEING VICTOR BROCK, ROBERT G. KIPP, LESLIE MABRY, JOE G. SMYTH, JR., NEEDHAM B. SMYTH, AND LLOYD WINSTON, SAID CONTRACT TO BE FOR ARCHITECTURAL SERVICES FOR THE CITY OF CORPUS CHRISTI, NUECES COUNTY, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, FOR THE PREPARATION OF SPACE USE PLANS AND SITE RECOMMENDATIONS FOR THE GOVERNMENTAL CENTER IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF ND. 102 GENERAL FUND THE SUM OF $6,140 AS THE CITY'S PORTION OF THE COST FOR THE AFORESAID ARCHITECTURAL SERVICES. SECTION 3. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AFORESAID CONTRACT, AND TO APPROPRIATE THE NECESSARY SUMS OF MONEY IN ORDER THAT THE PROJECT MAY BE BEGUN AND CONTINUE WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY 91LC1ll' REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND.HAVING REQUESTED THAT THE CHARTER RULE BE SUSPENDED 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 30TH DAY OF DECEMBER, 1968. ATTEST: 1 CI Y ECR TAR APPROVED: 30TH DAY OF DECEMBER, 1968: ,_- &' , r CITY ATTORNEY OR HE CITY OF CORPUS CHRISTI, TEXAS AGREEMENT FOR ARCHITECTS'SERVICES THE STATE OF TEXAS COUNTY OF NUECES X This Agreement for architectural services is this day entered into between the City of Corpus Christi, the County of Nueces, and the Corpus Christi Independent School District, hereinafter called "OWNERS ", and the Associated Architects, an association of architects Victor Brock, Robert G. Kipp, Leslie Mabrey, Joe G. Smyth, Jr., Needham B. Smyth, and Lloyd Winston, hereinafter called "ARCHITECTS ", in the following terms: I It is the intention of the "Owners" to have "Architects" engage in research and planning for the "Governmental Center" hereinafter referred to as "THE PROJECT ". II Architects' Services: The services of architects, hereinafter set forth, are to be rendered in three phases. Phase I is authorized by the execution of this contract. Phases II and III shall be entered into only by subsequent written communication by Owners and Owners shall have no obligation to authorize Architects to render the services contemplated in Phase II and Phase III, Owners having the option to terminate this contract at the end of Phase I or Phase II without further obligation to architects. The services to be rendered by Architects are as follows: PHASE I. Preliminary Site Investigations and Subsequent Site Selection A. Develop schematic space use plans for government complex using preliminary space requirement and /or information furnished by the respective governmental bodies. B. Each site proposed as approved by Owner shall be evaluated and /or investigated as follows: 1. Adequacy of Site: All necessary building space, open space and parking units must fit into the land mass available at the site. 2. Cost of acquisition and make ready expenses: a. Cost of land. b. Cost of relocation and removal of existing utilities and improvements. C. Cost of extending of utilities and services. d. Cost of drainage. 3. Access and relationship to traffic patterns: a. Access to present and future major vehicular and public transportation traffic patterns. Impact of vehicular traffic generated by Governmental Center upon already determined traffic patterns as defined in the 1961 Metropolitan Area Transportation Study. b. Access to pedestrian traffic. 4. Convenience to users of the Center. 5. Interrelations of site to metropolitan area geography and existing physical improvements. 6. Finally assigning a comparative site selection index to each site being considered. PHASE II. Research and Assembly of Space and Use Requirements. A. A field survey will be made covering the personnel and space requirements of the three governmental bodies, Nueces County, The City of Corpus Christi, and Corpus Christi Independent School District. B. Each Department Head and designated subordinate of the three governmental bodies will be contacted and the following information derived: 1. Area of space presently used (indoors and outdoors). 2. How this space is used and to what degree. 3. Number and job classification of personnel 4. What furnishings, fixtures, equipment and storage is necessary for the operation of the department. 5. Relationships between various departments. 6. Determine traffic flow of work through and between departments. 7. Type of public exposure and frequency. 8. Vehicles used and parking requirements, depart- mental and public. -2- PHASE III. Development of Schematic Master Plan for the Governmental Center. A. Research information assembled will be studied and analyzed. Population projections will be translated into employees and programs required to serve the projected population as present organizational structure is analyzed in terms of growth, new programs tobe added, and changes of inter - governmental relations. Such changes might be due to the introduction of new technology or the consolidation of functions to make more efficient use of personnel, equipment, and space while maintaining the necessary degrees of representa- tive government. Valid space determinations can only be based on the functions and programs that will occupy the space and projections for future growth. Special studies, such as parking requirements for government, employees, and public use would be made. Studies of cooperative or contractual arrangements between governments to share computers, cooperative purchasing, tax offices, and printing facilities, and central utilities to name a few would also be made. Each has - significant space implications. At this point, meet with government officials to discuss projections, forecast for changes, and feasibility on joint use and consolidation. B. Conclusions from paragraph A above will be incorporated into the final text of both the Space Analysis and Building Program. C. A Schematic Master Ground Plan (estimated cost of construction thereof but not detailed cost estimates) situated upon the site finally selected, will be developed using the guidelines set out in the text of the Building Program. Such Master Plan will contain design schematic plans, sketches, renderings and /or scale model to fully explain the solution. III Architects' Additional Services: The following additional services may be requested by Owners but are considered as not being covered under preceding paragraphs and will not be rendered unless authorized by Owners and, if so authorized, they shall be paid for by Owners in the proportions herein- after provided for payment of other fees but in addition to the fees otherwise provided for said Architects' services. These additional services to be provided only on written request are as follows: A. Providing financial feasibility or otherspecial studies. B. Making measured drawings of existing construction when required for planning additions or alterations thereto. C. Revising previously approved drawings, specifications, reports or other documents to accomplish changes not initiated by the Architect. -3- C. The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements, and adjoining property; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, if Owner agrees such in- formation is necessary. D. The services, information, surveys and reports required to be furnished by Owners shall be furnished at the Owners' expense, and the Architects shall be entitled to reply upon the accuracy thereof. E. The Owner shall furnish to the Architects all information re- garding the cost of land acquisition thereof for site to be studied. F. The Owner shall furnish such legal, accounting and insurance counseling services as may be necessary forthe Project. G. The Owner shall furnish information required of him as expedi- tiously as necessary for the orderly progress of the work. If thru no fault of the Architect, the time expended for the various phases of the program exceeds such time estimates as outlined in this document, the Owner will be so advised in writing and,with concurrence by Owner, such delay shall be cause for the fees, set out herein, to be adjusted accordingly. v Fees and Expenses- A. The Owners shall.each be responsible for one -third (1/3) of the fees provided herein for work authorized herein, payable as billed by Architects. - -4- D. Providing detailed estimates of construction costs. E. Providing services as an expert witness in connection with any public hearing, arbitration proceeding, or the proceedings of a court of record. F. Disposition and use of existing property and improvements. G. Coordination of the Master Plan with future planning as the project becomes more clearly defined. IV Owners' Responsibilities: A. The Owner shall provide full information regarding his requirements for the Project. B. Owners shall designate a representative or representatives authorized to act in behalf of Owners with respect to the Project. The Owners acting through said representative or represen- tatives shall examine documents submitted by The Architects and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architects' work. C. The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements, and adjoining property; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, if Owner agrees such in- formation is necessary. D. The services, information, surveys and reports required to be furnished by Owners shall be furnished at the Owners' expense, and the Architects shall be entitled to reply upon the accuracy thereof. E. The Owner shall furnish to the Architects all information re- garding the cost of land acquisition thereof for site to be studied. F. The Owner shall furnish such legal, accounting and insurance counseling services as may be necessary forthe Project. G. The Owner shall furnish information required of him as expedi- tiously as necessary for the orderly progress of the work. If thru no fault of the Architect, the time expended for the various phases of the program exceeds such time estimates as outlined in this document, the Owner will be so advised in writing and,with concurrence by Owner, such delay shall be cause for the fees, set out herein, to be adjusted accordingly. v Fees and Expenses- A. The Owners shall.each be responsible for one -third (1/3) of the fees provided herein for work authorized herein, payable as billed by Architects. - -4- Incremental payments shall be made monthly based upon incurred expenses for that pay period as defined in paragraphs D1 and D2 of this Section. If the scope of the project is changed materially, the Professional fees shall be changed in the same proportion. The Architects shall be entitled to a fee of cost plus a factor fee multiplier of twenty percent (20 %) with the cost of Phase lA limited to a total fee of Thirteen Thousand Two Hundred and No /100 dollars ($13,200). Any qualitative analysis in this phase, by an outside consul- tant, whose employment is approved by Owner, shall be a reimbursable expense. This work is estimated to be completed in eight (8) weeks from final approval of this contract. For each site investigated, the fees shall be on a basis of cost plus twenty percent (20 %) limited to Five Thousand Two Hundred Twenty and no /100 dollars ($5,220) per site. It is anticipated that this maximum fee shall include the cost of the services of consultants for engineering services to an extent of Two Thousand Five Hundred and no /100 dollars ($2,500) per site. If the Engineer's fees are to exceed this amount for any one site, written authorization of Owners shall first be obtained and if obtained, such cost in excess of Two Thousand Five Hundred and no /100 dollars ($2,500) will be taken into calculation by Architects and shall be a reimbursable expense. B. Fees for the Architects' fees for Phase II shall be Ten Thousand dollars ($10,000). C. The Architects' fees for Phase III, if and when authorized by Owners and furnished, including the cost not to exceed $2,500, of a mutually agreed upon outside consultant in quantitative analysis shall be Sixty -two Thousand Six Hundred Eighty and no /100 Dollars $62,680). The work in Phase II and Phase III is estimated to be completed within eleven months from the date of written authoriza- tion by Owner to initiate such phases. D. The following direct and indirect expenses shall be taken into account in calculating the Architects' fees and /or incremental payments as to items A, B, and C above: 1. Indirect Expenses: Indirect (overhead) expenses shall include but not necessarily be limited to the following: clerical, payroll taxes, rent, automobile expenses, office supplies, office expenses, postage, miscellaneous reproduction, legal and professional fees, telephone, miscellaneous travel, insurance, depreciation, and interest. Direct Expenses: Direct personnel expense of employees engaged on the project by the Architect includes architects, engineers, designers, job captains, drafts- men, specification writers, consultants, and typists, in consultation, research, designing producing drawings, specifications and other documents pertaining to the project. Direct personnel expense includes cost of salaries and of mandatory and customary benefits such as statutory exployee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. Principal Architects' time shall be computed at the fixed rate of twelve and 50 /100 dollars ($12.50) per hour. For the purpose of this agreement the principals are: Needham B. Smyth; J. G. Smyth, Jr.; Victor Brock; Leslie B. Mabrey; Robert G. Kipp; and Lloyd G. Winston. -5- 2. This agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termin- ation due to the fault of others than the Architect, the Architect shall be paid his compensation for services performed to termination date, including reimbursable expenses then due. 3. The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this agreement and to the partners successors, assigns and legal representatives of such other party in respect of all convenants of this agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other. 4. This agreement represents the entire and integrated agreement between the Owner.and the Architect and supersedes all prior negotiations, representations, or agreements either written or oral. This agreement may be amended only by written instrument signed by both Owner and Architect. -6- F. In addition to expenses listed in Paragraph D above, the following expenses, if incurred, shall be reimbursable to Architects in addition to the fees for professional services herein provided. Said reimbursable expenses shall be: 1. Expenses,of transportation and living for owner - authorized traveling.in connection with the project and for long distance tele- phone calls and telegrams. 2. Expenses of reproductions, postage and handling of drawings, specifications and reports. 3. The expense, when authorized by Owners of over- time work in excess of comparable expense for regular time work. 4. When requested by Owners, expense for perspectives or models for Owners' use. VI G. General Provisions: 1. Record of the Architects' indirect, direct personnel consultant and reimbursable expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 2. This agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termin- ation due to the fault of others than the Architect, the Architect shall be paid his compensation for services performed to termination date, including reimbursable expenses then due. 3. The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this agreement and to the partners successors, assigns and legal representatives of such other party in respect of all convenants of this agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other. 4. This agreement represents the entire and integrated agreement between the Owner.and the Architect and supersedes all prior negotiations, representations, or agreements either written or oral. This agreement may be amended only by written instrument signed by both Owner and Architect. -6- • TO THE MEhSERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS p ,3C "__DAY OF 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 COUNCILS 1, 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, YOR vTHE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: V JACK R. BLACKMON D RONN I E S I ZEMORE V. A. "DICK" BRADLEY, JI� P. JIMENEZ, JR., M.D. GABE LOZANO, SR. I KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JRI:- P. JIMENEZ, JR., M.D. fl GABE LOZANO, SR. ' ,KEN MCDAN 1 EL l W. J. "WRANGLER" ROBERT