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HomeMy WebLinkAbout09847 ORD - 07/22/19700 BJw;7/22/70 .. .. _ 1 0 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH ORBY G. ROOTS AND CHARLIE L. BELLAH, ASSOCIATED ARCHITECTS, FOR THE DESIGN :OF. PLANS AND SPECIFICATIONS IN CONNECTION WITH THE.CONSTRUCTION OF A MUNICIPAL SWIMMING POOL IN GREENWOOD PARK, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $13,000, OF WHICH $11,600 IS FOR THE ARCHITECTURAL FEE AND $1,1400 IS FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291 -70 -9, GREENWOOD PARK POOL; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH ORGY G. ROOTS AND CHARLIE L. BELLAH, ASSOCIATED ARTHITECTS, FOR THE DESIGN OF PLANS AND SPECI- FICATIONS IN CONNECTION WITH THE CONSTRUCTION OF A MUNICIPAL SWIMMING POOL IN GREENWOOD PARK, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 291 PARK BOND FUND 1 THE SUM OF $13,000, OF WHICH $11,600 IS FOR THE ARCHITECTURAL FEE AND $1,1100 IS FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT No. 291 -70 -9, GREENWOOD PARK POOL. SECTION 3. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE CONTRACT AND MAKE THE NECESSARY APPROPRIATION IN ORDER THAT THE PROJECT MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND 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 e A14D EFFECT AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF JULY, 1970. ATTEST CI Y SECRETARY A PPR ED: a D.A F JULY, 7970: GTING ITY ATTO Y AA Y THE CITY OF CORPUS CHRISTI, TEXAS 9847 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES ¢ THIS AGRFP; made and entered into this the day of , 191 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 ORBY G. ROOTS and CBARIJE L. BELLAH, ASSOCIATED ARCHITECTS, of Corpus Christi, Texas, hereinafter called the "Architect ". W I T N E S S E T H THAT WHEREAS, the City intends to construct a Municipal Swimming Pool in Greenwood Park in the City of Corpus Christi, Texas: NOW, THEREFORE, the City and the Architect, for the considera- tion hereinafter named, agree as follows: I The Architect agrees to perform, for the above named work, professional services as hereinafter set forth. The Architect agrees to utilize the services of Lawrence Hans, P.E., for the pool and equipment engineering design. II The City agrees to pay the Architect for such services Eight and One -Half per cent (8-2%) 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 construction 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. v• 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 pre- liminary studies, working drawings, specifications, large scale and full size detailed drawings for architectural, structural, plumbing, electri- cal for said swimming pool and appurtenances including dressing rooms, toilet facilities, attendant area, vending area, fencing, area lighting, parking area, sanitary sewer extensions, and all other items necessary to allow use of the pool independent of the development of the remainder of the park; the drafting of forms of proposals and contract; the check- ing of shop drawings, the issuance of certificates of payment; the keep- ing of accounts, the general administration of the business and super- vision of the work. The City represents that it has budgeted for this project the approximate sum of One Hundred Thirty Seven Thousand Dollars, not including the Architect's fee and contingencies. The de- sign of the project shall be such that the cost thereof will not exceed the amount allocated by the City for its construction, provided that the City shall advertise for bids within three (3) months after the Architect submits final plans to the City. The Architect shall have complete plans and specifications ready for the City to advertise for bids no later than November 1, 1970, providing the City renders decisions con- cerning plan and report reviews within 10 days of receipt of data. (2) Payments. -- Payments to the Architect on account of hie fee shall be made as follows: (a) Upon completion of the preliminary studies and pre- sentation to the City of preliminary plans and sketches and approval by the City of such preliminary plans and sketches, a sum equal to Twenty -Five per cent (25 %) of the basic rate computed upon a reasonable estimated cost; (b) Upon completion of specifications and general work- ing drawings including detailed plans and specifications, large scale and full size detailed drawings, and the drafts of forms and proposals -2- of contracts, and acceptance and approval of the same by the City, an additional sum equal to fifty per cent (50°%) of said basic rate computed upon a reasonable estimated cost shall be payable to the Architect with the fee to be adjusted based upon the amount of the contract after an award is made. In the event the lowest acceptable bid exceeds the esti- mated cost and the City elects to revise the plans for further adver- tising for 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 per cent (25 %) of said basic fee shall be paid in installments by way of monthly payments in amounts based on the construction estimates and each payment shall bear a relation to i the amount paid on the construction which will be the same as the sum of Twenty -Five per cent (25 %) of said fee bears to the total construction cost, until all of said Twenty -Five per cent (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 comple- tion 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 ser- vices of the Architect, in which event Twenty -Five per cent (25 %) of the basic fee 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 specifications, in which event the total compensation due and payable to the Architect in addition to the abovementioned Twenty -Five per cent (25 %) will be Fifty per cent (50%) of the basic fee in the event no contract is let. In the event bids are taken and the City elects not to proceed further with the praject, the total fee will be adjusted to 6.375 per cent of the value of the lowest bid or 6.375 per cent of the estimated cost, whichever is the lesser amount. -3- • (4)' The;City will furnish a complete and accurate eurvey'of the building site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, restrictions, easements, tenta- tive 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. W If the Architect is assigned the supervision of the construc- tion, 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 wi17 guard the City against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. VI The Architect will furnish preliminary estimates on the cost of the work, but he does not guarantee the accuracy of such estimates. VII The cost of the work, as herein referred to, means the cost to the City, but such cost sbaLl not include any architects or engineers fees. The cost includes the pool and all its mechanical equipment, built - in equipment, equipment to be installed by the general contractor and all items mentioned in Item III (1) of this agreement. VIII The Architect shall provide Five (5) sets of complete working drawings and twenty (20) sets of specifications covering the work, includ- ing proposal forms and special instructions to bidders, for general dis- tribution to all prospective qualified bidders, who may secure a copy -4- • r � thereof by complying with the terms set out in said special fnstruCtions for obtaining same. The Architect shall furnish to the City, upon completion of said project, or upon the termination of this contract as herein pro- vided, 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 zrith 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 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. "D. 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 prosecution of the work of designing and constructing the project, and it is understood that all designs and details of designing are subject to the approval of the City, and until acceptance of the results of services there shall be no liability on the part of the City for such services. -5- CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 22, 1970 I certify to the City Council that $ 13,000.00 , 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 credit of: Fund No. and Name 291 Park Bond Fund Project No. 291 -70 -9 Project Name Greenwood Park Pool from which it is proposed to be drawn, and such money is not appropriated for any other purpose. off- o— , 192 DVect r irce FIN 2 -55 Revised 7 -31 -69 • Corpus Christi, Texas day of 19 �a c 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, Gi i OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick'Bradley, Jr. Eduardo E. de Ases Ken McDaniel(/ -E W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol w: Jack R. Blackmon Gabe Lozano, Lozano, Sr. V. A. "Dick" Bradley, Jr. �c Eduardo E. de Ases —4— Ken McDaniel Gk1c W. J. ''Wrangler" Roberts Ronnie Sizemore is a