HomeMy WebLinkAbout10756 ORD - 03/22/19723/21/72:vmp
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH ORBY G.
ROOTS AND CHARLES L. BELLAH, ASSOCIATED ARCHITECTS,
FOR THE PREPARATION OF A MASTER PLAN FOR GREENWOOD
PARK AND FOR THE DESIGN OF CERTAIN IMPROVEMENTS TO
SAID PARK; APPROPRIATING OUT OF THE NO. 291 PARK BOND ,
FUND $40,000, OF WHICH $2,500 IS FOR THE MASTER PLAN,
$35,962.88 IS FOR THE DESIGN OF THE PARK IMPROVEMENTS,
AND $1,537.12 IS FOR INCIDENTAL EXPENSES; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager is hereby authorized and directed to
execute a contract with Orby G. Roots and Charles L. Bellah, Associated
Architects, for the preparation of a Master Plan for Greenwood Park and for
the design of certain improvements to said park, a copy of said contract
being attached hereto and made a part hereof.
SECTION 2. There is hereby appropriated out of No. 291 Park Bond
Fund $40,000, of which $2,500 is for the Master Plan, $35,962.88 is for the
design of the park improvements, and $1,537.12 is for incidental expenses,
all applicable to Greenwood Park improvements.
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 v�y1�c.6fo��r,.��ce
and effect after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 11
day of March, 1972.
ATTE
c
City Secr a
APPROVED: ?/ ?PDAY OF CH, 1972:
a"jt -tCity Attorney '
MAYOR 01L
THE CITY OF CORPUS CHRISTI, TEXAS
IC- 756
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AGPEr bIIfi1T ti7Y:z ,.•:.y, , -,
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT, made and entered into this the day of
19_, by and between the CITY OF CORPUS CHRISTI, TEXAS, A
MUNICIPAL CORFORATION, acting herein by and through its City Manager, duly
authorized to act, hereinafter called the "City ", and ORBY G. ROOTS and CHARLIE
L. BELLAH, ASSOCIATED ARCHITECTS, of Corpus Christi, Texas hereinafter called
the "Architects ".
W I T N E S S E T H
THAT WHEREAS, the City intends to construct certain improvements in
Greenwood Park in the City of Corpus Christi, Texas:
NOW, THEREFORE, the City and the Architect, for the consideration here-
inafter named, agree that the Architect shall provide a Master Plan for Greenwood
Park and furnish the design for certain Improvements to be constructed in Green-
wood Park as is herein after provided:
• I:
The Architect agrees to perform, for the above named work, professional
services as hereinafter set forth:
A. Basic Services for Master Plan
1. Review the existing park site and topographic information
furnished by the City.
2. Hold necessary conferences with the City staff, other govern-
mental units, and interested parties so as to coordinate the planning of the park.
3• Research available information applicable to the project.
4. From the data gathered, the Architect will draw conclusions for
presentation to the City, assist the City in determining the scope of improve-
ments, establish stages of development, provide design criteria, supply drawings,
and provide cost estimates.
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5• The Architect will make every effort to provide the most
effective and economical utilization of the land so as to make the park an
integral part of the surrounding community.
B. Basic Services for the Design of the Improvements to the Park
I.. General Description:
1.1 The services of the Architect shall consist of those
services normally assigned to an architect including architectural, structural,
mechanical, and electrical services for said Park Improvements and appurtenances
including, but not limited to, a swimming pool complex with access road and two
parking lots; pavilion; park maintenance area; multi - purpose pathways; tot lot
- and bplgyground equipment; picnic sites; ,fill, land sculpturing, and grading for
27 acres; irrigation system for 27 acres; landscaping; foot bridge over the
Airport Ditch; lighting; and appurtenances.
1.2 All improvements designed by the Architect are to be
within the scope of the City's pending application with the U.S. Department of
Housing and Urban Development for a Legacy of Parks' Grant.
1.3 The Architect may design the Improvements so as to be con-
structed in phases, but in all events the Architect shall provide for the orderly
progression between each phase through project completion.
1.4 Said services shall be provided as outlined in the five
phases below.
2. Schematic Design Phase - The Architect shall...
2.1 Hold the necessary conferences with the City and other
governmental agencies.
2.2 Prepare preliminary studies including sketches, drawings
and other documents illustrating the scale and relationship of project components
for approval of the City.
2.3 Prepare a preliminary cost estimate.
2.4 Submit three sets of the Schematic Design Study to the
Director of Engineering Services for review by the City.
3. Design Development Phase - The Architect shall...
3.1 Prepare from the approved Schematic Design Studies pre-
liminary specifications, drawings, and documents to fix and describe the size and
character of the entire project as to the architectural, structural, mechanical,
and electrical systems, material and such other essentials as may be necessary.
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6. Construction Phase - The Architect shall...
6.1 Be the owner's representative during the construction
period which begins with the issuance of the Work Order and extends until the
final acceptance of the project.
6.2 Provide the general administration of the conststruction
contract including the issuance of Contract Monthly Estimates, Contract Time
Statements, and Contract Change Orders, all on forms supplied to him by the City.
6.3 Provide the general administration of construction includ-
ing periodic visits to the site to familiarize himself generally with the pro-
gress and quality of the work and to determine in general if the work is pro-
ceeding in accordance with the contract. The Architect will endeavor to guard
_the ,City., against . defects, and,=deficiencies,in the work.of ,contractors, but he does
not guarantee the performance of their contracts.
6.4 Have the authority to stop work whenever such stoppage may
be necessary in his reasonable opinion to insure the proper execution of the con-
tract and may condemn work as failing to conform to the contract.
6-5. Not be required to make exhaustive or continuous on -site
inspections normally defined as resident inspection, but will make those inspec-
tions necessary to prepare the Contract Monthly Estimates and to certify that to
the best of his knowledge work has progressed to the point indicated, the quality
of the work is in accordance with the construction contract, and that the con-
tractor is entitled to payment. -
C. As concerns the design of the Improvements to the Park, the parties
further agree:
1. Survey of Site:
The City will furnish a complete and accurate survey of the
pool construction site, giving 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.
2. Engineering Services:
The Architect agrees to utilize the services of IAvrence Hans,
P.E., for the pool and related .equipment engineering design.
3. Application for Federal Grant:
The Architect shall assist the City in filing documents required
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to apply for a federal grant and administering the same through Project completion.
4. As Built Drawings and Maintenance Manuals
4.1 The Architect shall furnish to the City, upon completion of
said project, or upon termination of this contract as herein provided, a suitable
bound copy of the specifications and a reproduction of the working drawings
including any and all corrections, revisions, alterations, or amendments to the
plans and /or specifications made duringthe Construction Phase so as to reflect the
true plans and specifications of the building as built.
4.2 The Architect shall use 24" x 36" sheet sizes of 3 mil
miles for the "as built" drawings which are to be submitted as described above.
4.3 The Architect shall furnish to the City upon project com-
;_pletion," operating, manuals:or'instructions.,�parts list, or maintenance manuals
for all mechanical, electrical, or chemical equipment installed on the project.
4.4 The City will not make final payment to the Architect until
the conditions of this paragraph are met.
5• Transfer of Interest:
The Architect shall not assign or transfer any interest in
this contract without prior written consent from the City.
6. Orderly Rendering of Services:
The Architect shall furnish the documents required in each
phase of the design and personally render or provide the service required in 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 sub-
ject to the approval of the City, and until the acceptance of results of these
services, there shall be no liability on the part of the City for such services.
7. Cost Estimates:
The Architect is to provide cost estimates through each phase
of the design of the project, but does not guarantee the accuracy of such estimates;
however, it is understood that the project must be constructed within funds avail-
able. The design of the project shall be such that the cost thereof will not
exceed the amount allocated by the City for its construction.
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The City agrees to pay the Architect for such services a fee as follows:
A. For the services of the Architect in preparing such Master Plan,
the Architect will be compensated based on Direct Personnel Expense as defined in
Paragraph 1 below and other reimbursable expenses as outlined in Paragraph 2 below
with the combined total in all events not to exceed $2,500.00, and in accordance
with the provisions of B-3 of this contract.
1. Direct Personnel Expense
1.1 Direct Personnel Expense of employees engaged on the pro-
ject by the Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers, and typist, in consultation, research, and
design, .in producing drawings, specifications, or other documents.pertaining to
the Master Plan.
1.2 Direct Personnel Expense includes cost of salaries and of
mandatory and customary benefits such as statutory employee benefits, insurance,
sick leave, holidays, vacations, pensions, and similar benefits.
1.3 Schedule of Compensation
a. Principal's time at the fixed rate of $25.00 per hour.
The Principals are Orby G. Roots and Charlie L. Bellah.
b. Employees' time computed at a multiple of three (3)
times the employees' direct personnel expense as defined in Paragraph 1.2 above.
c. Services of professional consultants at a multiple of
one and one quarter (1.25) times the amount billed to the Architect for such
-services.
2. Reimbursable Expenses
2.1 Expense of transportation and living when traveling, long
distance calls and telegrams, and fees paid for securing approval of authorities
having jurisdiction over the project; all of which must be in direct connection
with the preparation of the Master Plan.
2.2 Expense of reproduction, postage and handling of the Master
Plan, related drawing, or models; excluding preliminary presentations prepared
for the City's review and approval.
•2.3 If authorized in advance by the Director of Engineering
Services, expenses of overtime requiring higher than regular rates.
Page 6
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2.4 Expense of computer time when used in connection with the
Master Plan.
3- Payments to the Architect:
Payments for the Direct Personnel Expenses and Reimbursable
expenses shall be made monthly by the City upon presentation of the Architect's
statement of serli.ces rendered.
B. For the services of the Architect in designing -Improvements to
Greenwood Park, the Architect will be paid a fee of seven and three - quarters per
cent (7 -3/4 %) of the cost of construction, said basic rate to be calculated upon
the estimated actual cost of construction until such time as the actual cost of
•- 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 construction.
1. -Payments to the Architect
1.1 Upon completion of the Schematic Design Phase and acceptance
and approval of the same by the City, a sum equal to fifteen percent (15 %) of
the Basic Fee computed upon an agreed estimated actual cost of construction;
1.2 Upon completion of the Design Development Phase and
acceptance and approval of the same by the City, an additional sum equal to twenty
percent (20%i) of the Basic Fee computed upon an agreed estimated actual cost of
construction;
1.3 Upon completion of the Construction Documents Phase and
acceptance and approval of same by the City, a sum equal to forty percent (40 %)
of the Basic Fee to be computed upon the agreed estimated actual cost of construe-
tion.
1.4 Upon receipt of bids and award of a construction contract,
a sum equal to five percent (5 %) of the Basic Fee which shall be adjusted based
Upon the amount of the construction contract after an award is made.
1.5 During the Construction Phase, a sum equal to twenty per
cent (20p) of the Basic Fee sha11 be paid in monthly installments the amounts of
which shall bear the same relationship to the total 2'b% as the Monthly Construction
Estimate bears to the total contract price. Final payment will not be made to
the Architect until the condition of Article I, Section C., Paragraph 4 are met.
2. In regard to the Architect's Fee, the parties further agree:
No deductions shall'be made from the Architect's fee on accou,.
of penalty, liquidated damages, or other sum withheld from payments to the con-
tractor.
3. In addition, the City will be credited for the Master Plan on
the proportional basis as work proposed in the Master Plan is implemented and the
architects provide the service. In the case of this contract, the following amount
will be deducted from the total basic fee of this contract.
(Esterted C Estimateoject) (Faster Plan fee) _
500 000
1,0 5, 00 ) (2,500) = 1,195.00
III.
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.
IN TESTIMONY WHEREOF, Witness our hands in duplicate, each of which
sba11 be considered an original, on the day and year first above written.
ATTEST: THE CITY OF CORPUS CHRISTI
By
-City Secretary City Manager
APPROVED AS TO LEGAL FORM ORGY G. ROOTS & CHARLIE L. BELLAH
This'2Z1,Aay ofP",1972. By
IJL� By
0, ; _ f ity Attorney
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 25, 1972
I certify to the City Council that $ _ 40,000.00 ^ , 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 Improvements
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2 -55 /
Revised 7/31/69
M
CORPUS CHRISTI, TEXAS
oV k, DAY OF94"'e L/ , 19-2z
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-,
AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
- - - -���
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWIN VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR.
J. HOWARD STARK