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HomeMy WebLinkAbout09849 ORD - 07/22/1970VMP:7/22/70 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BLANTON - YEAGER FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE ADDITION TO BEN GARZA RECREATION CENTER, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $6,600, OF WHICH $5,600 IS FOR THE ARCHITECT'S FEE AND $1,000 IS FOR TESTING AND INCI- DENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291- 70 -15, BEN GARZA RECREATION CENTER EXPANSION; 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, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT WITH BLANTON- YEAGER FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE ADDITION TO BEN GARZA RECREATION CENTER, A COPY OF WHICH SAID AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE ACCEPTANCE OF THE AFORE- SAID PROPOSAL AND ENTER INTO THE NECESSARY CONTRACT FOR THE ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE ADDITION TO BEN GARZA RECREATION CENTER 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, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE �� AY OF JULY, 1970. ATTEST- - CITY SECR TA% THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: v %DAY OF JU Y, 1970: A ING CITY ATTO Y 9849 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECFS THIS AGREEMENT, made and entered into this the day of , lg_, 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 Blanton • Yeager AIA Architects, of Corpus Christi, Texas, herein- after called the "Architect ". W I T N E S S E T H: THAT TAG, the City intends to construct an addition to the Ben Garza Recreational Center 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. II. The City agrees to pay the Architect for such services the lump sum basic fee of Five Thousand Six Hundred Dollars ($5,600.00). 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 pre- liminary studies, working drawings, specifications, large scale and full size detailed drawings for architectural, structural, plumbing, electrical, and heating, ventilating, air conditioning; the drafting of forms of proposals and contract; the checking of shop drawings, the issuance of certificates of payment; the keeping of accounts, the general administration of the business and supervision of the work. The City represents that it has budgeted for this project the approximate sum of Sixty Three Thousand Dollars, not including the Architect's fee or con- tingencies. The design of the project shall be such that the cost thereof will not exceed the amount allocated by the City for its construc- tion, provided that the City shall advertise for bids within three (3) months after the Architect submits final plans to the City. The Architect sball have complete plans and specifications ready for the City to ad- vertise for bids no later than October 1, 1970, providing the City renders decisions concerning plan and report reviews within 10 days of receipt of data. (2) Payments. -- Payments to the Architect on account of his 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 lump sum basic fee. (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, an additional sum equal to fifty per cent (50%) of said lump sum basic fee. In the event the lowest acceptable bid exceeds the estimated cost and the City elects to revise the plans for further advertising 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 lump sum basic fee shall be paid in installments by way of monthly payments in amounts based on the construction estimates and each payment sba71 bear a relation to 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 construc- tion 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 completion of the phase of work in which he is then engaged. Upon submission -2- • by the Architect of the preliminary plane, 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 lump sum 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 Percent (25 %) will be Fifty per cent (50%) of the lump sum 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 project, the total fee will be adjusted to $4,200.00. (4) The City will furnish a complete and accurate survey of the building site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, restrictions, 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 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 will guard the City against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. M 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 shell not include any architects or engineers -3- C fees. The cost includes the building and all its mechanical equipment, built -in equipment, and equipment to be installed by the general con- tractor. 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 Five (5) sets of complete working drawings and twenty (20) sets of specifications covering the work, in- cluding proposal forms and special instructions to bidders, for general distribution to all prospective qualified bidders, who may secure a copy thereof by complying with the terms set out in said special in- structions 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 with a correct and legible set of specifications; and all such designs, drawings and specifications prepared by the Archi- tect 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. FOR 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 ren- der 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 -4- • 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. IN TESTIMONY WHEREOF, Witness our hands in duplicate, each of which shall be considered an original, on the day and the year first above written. ATTEST: City Secretary APPROVED AS TO FORM THIS DAY OF i /City Attorney THE CITY OF CORPUS CHRISTI, TEXAS By City Manager BTANTON • YEAGER AIA ARCBITECTS r i J/ J 1970: I -5- • r r Corpus Christi Texas �x1-day of , 1970 TO THE 11EMBERS OF TILE 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, t R 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 W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the foll ing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ci Ronnie Sizemore kZ__ l CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 22, 1970 I certify to the City Council that $ 6,600.00 , 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 -15 Project Name Ben Garza Recreation Center Expansion from which it is proposed to be drawn, and such money is not appropriated for any other purpose. ec or ance , 7 FIN 2 -55 Revised 7 -31 -69