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HomeMy WebLinkAbout11300 ORD - 02/07/1973JRR:jkh:1- 30 -73; 2nd • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SASAKI, WALKER ASSOCIATES, INCORPORATED, TO CON- DUCT A BAYFRONT OPEN SPACE UTILIZATION STUDY FOR A FEE NOT TO EXCEED $22,500, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; 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 enter into a contract with Sasaki, Walker Associates, Inc., to conduct a Bayfront Open Space Utilization Study for a fee not to exceed $22,500, in accordance with the terms and conditions set forth in the con- tract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to-enter into the aforesaid contract as soon as practicable 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 but that such ordinance or resolution shall be read at three several meet- ings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested that such 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 % day of --ty, �� s 1973. • 1 ATTEST: (ZW:4� U CA-t� MAYOR P10- OR THE CITY OF CORPUS CHRISTI, TEXAS JRR:HG:jkh:1- 30 -73; 2nd ? CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES X KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Corpus Christi, Texas, has, under date of August 19,_1971, entered into a contract for Community Renewal Grant with the United States of America providing for financial aid to the City of Corpus ChristLunder Title I of the Housing Act of 1949, as amended; and said Grant has been amended to include Comprehensive Planning Assistance Grants; and WHEREAS, pursuant to such contract the City of Corpus Christi is undertaking certain activities necessary for the preparation of a Community Renewal Program for the locality of Nueces County in the State of Texas; and WHEREAS, the City of Corpus Christi desires to engage SaEaki, Walker Associates, Inc., to render certain technical advice and assistance in connection with such undertakings of the City of Corpus Christi; and WHEREAS, Area Development Committee- Corpus Christi Chamber of Commerce is a non - profit committee dedicated to studying and recommending appropriate public improvements in the Corpus Christi area and is desirous of participating in the study contracted for herein and supplying the City's share -of the funding: NOW, THEREFORE, for and in consideration of the payments, under- takings, and covenants herein, the City of Corpus Christi, Texas, a muni- cipal corporation and body politic under the laws of the State of Texas, hereinafter called "City" or "Public Body ", and Sasaki, Walker Associates, Inc., Sausalito, California, hereinafter called "Contractor ", and Area Development Committee- Corpus Christi Chamber of Commerce, herein called "Committee ", do hereby mutually agree, covenant and contract as follows: I Committee and City agree to appoint a working committee, herein- after called subcommittee, to generally supervise this contract and to carry out the responsibilities of both Committee and City to the maximum EXHIDIT "A' extent possible. City reserves the right at its option to assume the respon- sibilities of Committee and, if such right is exercised, City will be solely responsible for all costs incurred under this contract and will reimburse Committee for any costs previously incurred. The subcommittee shall be com- posed of nine members: three appointed by the Chairman of the Area Develop- ment Committee; the County Engineer; a representative of Navigation District; three representing the City, being the Director of Urban Development, Director of Planning, and Director of Engineering Services, or such other representa- tion in their absence as the City Manager may designate; and the Chairman of the Area Development Committee shall appoint the Chairman of the subcommittee. The subcommittee shall also appoint an Advisory Committee which shall meet at least twice with the subcommittee as called by the chairman of the subcommit- tee to review and discuss the progress of the Study. The Advisory Committee shall include representatives of public and private agencies that have a respons. ".bility for, a publicly expressed concern about or interest in the Bayfront. Such Advisory Committee shall have no other responsibility except to advise and comment on the content of the Study to the subcommittee. ' II SCOPE OF SERVICES The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting such Community Renewal Comprehensive Planning Assistance Program, and shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Public Body, the following: A. Site Analysis and Evaluation 1. A project design team will spend at least one week on the waterfront for the purpose of gaining familiarity with its differing conditions. In addition, Contractor's photographer will visit the site in order to obtain compre- hensive photographic coverage. The study area is defined as the existing or proposed public lands along the waterfront and directly related adjacent zones from the Highway 181 bridge over Nueces Bay on the north, southward across the ship channel to -2- Shoreline Boulevard and then eastward along Ocean Drive to the Corpus Christi Naval Air Station. 2. The design team will meet with the appropriate City officials and the subcommittee to discuss and propose the City's goals and objectives for waterfront development. 3. Based upon their observations, the design team will prepare a series of analysis drawings aimed at identifying the several differing conditions and characteristics of the waterfront. These analysis drawings will be summarized by an evaluation diagram which will identify the limitations and opportunities for further waterfront development. This phase of the work will emphasize the relationships of the waterfront to the adjoining areas and to the special char- acteristics and conditions of each major subsection of the waterfront, taking into consideration other recreational areas in the City and area. B. Waterfront Conceptual Plan 1. Based upon the above analysis and evaluation, Contractor will prepare an overall conceptual plan for the waterfront. This plan will make broad recommendations for the use and development or protection of the several portions of the waterfront. 2. Contractor will prepare more detailed design study drawings for selected portions of the waterfront in order to illustrate key development recommendations. 3. Contractor will meet with subcommittee during the course of the work for review and approval of the plan recommendations. C. Summary Report and Slide Presentation 1. Contractor will prepare twenty -five (25) copies of a summary report of a minimum of 10 to 12 pages describing the analysis, -3- evaluation, plan concept and key recommendation of the study. The Committee may publish whatever addi- tional copies and use both graphics and text in the preparation of these copies; provided, however, due credit is given to Contractor, Community Renewal Pro- gram, and the HUD funding in accordance with Paragraph VI hereof. 2. Contractor will prepare a slide -based presentation com- bining photographs of the site, photographs of the analysis and plan drawings and relevant examples of existing waterfront development elsewhere which illus- trates the general intent and possibilities of the plan recommendations. 3. Upon completion of the above work, Contractor will make two public presentations in Corpus Christi of the slide show and assist the subcommittee in preparation of an audio - visual presentation of the above. D. Exclusions to Scope of Services 1. The following information or services shall be provided by or through the subcommittee as needed and requested by Contractor. Sasaki, Walker Associates, Inc. assumes no responsibility for the accuracy of such information or services and shall not be liable for errors or omis- sions therein. a. Topography and boundary survey. b. Legal descriptions of property. c. Soils and /or geological investigation. d. Site engineering information. e. Overhead aerial photographs at controlled scale. f. Engineering. ' III FEES Compensation and method of payment to Contractor by City will be as follows: A. Fees for Professional Services and necessary expenses as out- lined hereinabove shall be the fixed sum of $22,500 and shall include all costs and expenses. -4- B. Statements and Progress Payments: 1. For the fee outlined hereinabove, Contractor shall submit monthly invoices for progress payment based on percentage of work complete. 2. Reimbursable Costs shall be billed monthly on separate invoices. 3. All payments are to be monthly upon receipt by City of the aforesaid invoice except that 10% of the total cost of the total fee shall be withheld by the City pending final acceptance by it of the total project contemplated herein. 4. The billing will be to the City and the City will pay promptly upon receipt of the proper invoice. However, it is understood and agreed that the Committee will reimburse to the City its matching 1/4 of the cost of this project not to exceed $7,500. The Committee wi'1 pay the City the City's share upon written notification of the completion of the services as specified in Sec- tion I. IV TERMS AND CONDITIONS This agreement is subject to and incorporates the provisions attached hereto as Exhibit "A" and described as "Part II'- Terms and Con- ditions", which exhibit is incorporated herein the same as if written fully herein. Both parties mutually agree to be bound by said terms and conditions. V Contractor agrees to complete the Abstract Page which is attached hereto as Exhibit "B" and incorporated herein the same qLs if written herein. VI TIME OF PERFORMANCE This contract is not for any stated period of timer it is for the aforesaid project and the City shall have no further liability upon the -5- completion of the study. The services of the Contractor are to commence as soon as practicable after the execution of this contract and shall be undertaken and completed in such sequence as to assure the expeditious completion of said project. In no event; however, may the time of comple- tion of this contract exceed 120 days from the date of execution of this contract. OWNERSHIP OF DOCUMENTS Drawings, photographs, slides, reports and other documents shall be presented to the subcommittee for transmittal to the committee and the City, after which they shall become the property of the City of Corpus Christi. All reports, maps, programs, documents, etc., shall contain the' following: "The preparation of this report, map, document, program, etc., was financed through a comprehensive planning grant from the Department of Hous.ng and Urban Development and with assistance of the Area Development Committee of the Corpus Christi Chamber of C.�mmerce" and shall also show "Community Renewal Program, City of Corpus Christi" and date as well as the name of the Contractor. VIII Contractor agrees to periodically meet with the subcommittee during the progress of the study and to make a presentation to the subcommittee for its review. The Committee agrees, after receiving the report of its sub- committee, to promptly review and act upon the presentation. Said Contractor's presentation and the supporting material will be reviewed and evaluated by the Committee and constructive comments will be made by the Committee to the Contractor pointing the direction of the project in relationship to the area's goals, after which the Contractor will make the final presentation of the Committee's recommendation to the City. _ -6- WHEREFORE, witness our hands binding the respective parties, this the day of , 1973. Y ATTEST: City Secretary APPROVED: DAY OF City Attorney CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend City Manager Director of Finance SASAKI, WALKER ASSOCIATES, INC. ATTEST: F.•y _ AREA DEVELOPMENT COMMITTEE- CORS?US Secretary CHRISTI CHAMBER OF COMMERCE ATTEST: By Secretary • U."S. DEPARTMENT OF AI)USING AND URBAN DEVELOPMENT to RENEWAL ASSISTANCE ADMINISTRATION 0169) CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES COMMUNITY RENEWAL PROGRAM A Part II — Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor ahall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Local Public Body shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Local Public Body, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Body for damages sustained by the Local Public Body by virtue of any breach of the Contract by the Contractor, and the Local Public Body may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Body from the Contractor is determined. 2. Termination for Convenience of Local Public Body, The Local Public Body , may terminate this Contract any time by a no cti -In-writing from the Local Public Body to the Contractor. If the Contract is terminated by the Local Public Body, as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less Isyments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract Is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The Local Public Body ,• may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the,Local Public Body and the Contractor, shall be incorporated in written amendments to this Contract. D•621 B _ Q _ • 1 ` • .. , 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Local Public Body. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5. Anti- Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued 8by Stat. 948; 62 the Secrets Stat.L74or 63rStat to the "Anti- Kickback Act" of June 13, 193 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti- Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors there- under except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding oY Salaries. If, iii the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor there- ' under, the Local Public Body shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Body for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or Co classi.ications oY architects, draftsmen, technical engineers, and technicians performing work under this Contra -ct shall be promptly reported in writing by the Contractor to the Local Public Body for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regara to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and k f. • 3 _ HUD -621 B -69) selection for training, including apprenticeship. The Contracto 2 ees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Body setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies,or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance -ith Local Laws. The Contractor shall comply with all applicable lays, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Bodv _ The Contractor shall be as fully responsible to the Local Public Body for the _ acts and omissions of his subcontractors, and of persons either directly or indiree'Lly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract approrriate provisions requiring compliance with the labor standards provisions of this Contract. L2. Assignability. The Contractor shall not assign any interest in this Contract, and shell not transfer any interest in the same (whether by assignment or novction) without the prior written approval of the Local Public Body Providej, however, that claims for money due or to become due the Contractor from the Local Public Body under this Contract may be assigned to a bank, trust company, 'or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Public Body, 13. Interest of Members of Local Public Body . No member of the governing body of the Local Public Body , and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. - rt • ' • HUD -621B - .. (2.69) 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above- described Project Area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the Local Public Body.. 221527 -P (Rev. 2.69) HUD - Wash., D. C. i C TITLE . (Fill in) AUTHOR Sasaki, Walker Associates, Incorporated for the Corpus Christi 701 Planning and Management Program SUBJECT Bayfront Open Space Use Study DATE (Fill in date of completion) LOCAL PLANNING AGENCY. _ Department of-Urban Development City of Corpus Christi SOURCE OF COPIES DEPARTMENT OF URBAN DEVELOPMENT Box 9277, Corpus Christi, Texas 78408 For reference: HUD Regional Office Library, Region VI, Fort Worth, Texas State Depository Library, University of Texas, Austin, Texas Planning Depository Libraries HUD PROJECT NO. CPA- TX -06 -59 -1020 �. SERIES N0, n. a. NO. OF PAGES (Fill in) ABSTRACT (The consultant should write an abstract to comply with the following HUD guidelines: Content. The abstract must first indicate innovative work and then briefly summarize the publication. New approaches, new methods, and unusual or partic- ularly successful solutions for urban development problems must be emphasized in the abstract. Form. The abstract should be about 200 words and must not exceed 300 words. It must be exact and unambiguous, using the present tense and active voice. It must be amply paragraphed for easy reading. It must be comprehensible to the aver- age citizen,) CORPUS CHRISTI, TEXAS - - DAY OF ry�g�� �9,1�. • TO THE MEMBERS OF THE CITY COUNCIL V CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING - ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR TIE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 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. RESPE FULLY, jYOkr Te m 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. GONZALES - F GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: i RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH - THOMAS V. GONZALES � GABE LOZANO, SR. J. HOWARD STARK