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HomeMy WebLinkAbout11397 ORD - 03/28/1973JRR /MC 3/23/73 1sr AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CHRISTIAN, BRIGHT, PENNINGTON AND ASSOCIATES FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF MCGEE BEACH IMPROVEMENTS, INCLUDING A BATHHOUSE, CONCESSION BUILDING, LIFT STATION FOR SANITARY SEWER SERVICE, RAISED WALKWAY, REPAIR AND EXTENSION OF THE SOUTH BREAKWATER CAP, AND LIGHTING FOR THE WALKWAY, PROJECT NO. 291 -72 -I, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $17,000 FOR THE AFORESAID SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CHRISTIAN, BRIGHT, PENNINGTON AND ASSOCIATES FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF MCGEE BEACH IMPROVEMENTS, INCLUDING A BATHHOUSE, CONCESSION BUILDING, LIFT STATION FOR SANITARY SEWER SERVICE, , RAISED WALKWAY, REPAIR AND EXTENSION OF THE SOUTH BREAKWATER CAP, AND LIGHTING FOR THE WALKWAY, PROJECT NO. 291 -72 -1, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF v$17,000 OUT OF THE NO. 291 PARK BOND FUND FOR THE AFORESAID SERVICES. SECTION 3. THE NECESSITY TO EXECUTE A CONTRACT FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF MCGEE BEACH IMPROVEMENTS AND TO APPROPRIATE THE NECESSARY FUNDS AT THE EARLIEST POSSIBLE TIME 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 BUT 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 AND EFFECT FROM AND AFTER 11397 • ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE d 8.�-R- DAY OF 1973 ATTEST• • o CITY SECRE 'A - MAYOR THE CITY OF CORP C ISTI, TEXAS APPROVED: Z Y y DAY OF A1,,., 1973: CITY ATTORNEY C O N T R A C T FOR ARCHITECTURAL SERVICES THE STATE OF TEW p COUNTY OF NO, CES The City of Corpus Christi, hereinafter called "City ", and Christian, Bright, Pennington and Associates, hereinafter called "Architect ", whether one or more, agree as follows: SERVICES TO BE PERFORiBED. The Architect hereby agrees, at his own expense, to perform all architectural and related services, including architec- tural., structural, mechanical, and electrical necessary to properly develop de- sign plans and specifications for the construction of improvements to McGee Beach and South Breakwater in the City of Corpus Christi, Texas. The basic scope of work is as follows: "Preparatior_ of plans and specifications including prelim - inary design report for the construction of bathhouse and concessions building with necessary lift station for sanitary sewer service, the construction of a raised walkway from the seawall to the South Breakwater, the repair and extension of the South Breakwater Cap and the installation of lighting for the breakwater walkway." SCOPE OF SERVICES. Architect's services for Items A thru E will be those services which are in accordance with the American Institute of Architects "Services of the Architect" published in 1968 by the Texas Society of Architects, and the American Institute of Architects, and will include the following scope of basic services: I. The a- rchitect agrees to perform, for the above named work, professional sery ices as hereinafter set forth: A. Schematic Design Phase I. Review the existing Beach Site and topographic information ftumished by the City. 2. Hold necessary conferences with the City staff, other governmental units, and interested parties so as to coordinate the planning of the project. 3. Research available information applicable to the project and pre- pare preliminary design work for the propo::ed improvement. h•- Prepare schematic design studies illustrating the scope of the pro - ject and its relationship to the beach site as well as adjacent structures and submit these studies for the City for approval. A colored exhibit will be sub- mitted to the City showing the relationship of proposed improvements to the McGee Beach Project. 5- Submit a statement of construction costs to the City together with recommendation regarding stages of construction. 6. Submit three sets of Schematic Design Studies and preliminary de- sign report to the Director of Engineering Services for review by the City. B. Design Development Phase 1. Prepare from the approved Schematic Design Studies preliminary specifications, drawings, and documents to fix and describe the size and char- acter of the entire project as to the architectural, structural, mechanical and electrical systems, material and such other essentials as may be necessary. 2. Review the Preliminary cost estimates and submit an estimate of probable cost based on current area volume or unit prices. 3. Submit three sets of the Design Development Documents to the Director of Engineering Services for review by the City. C- Construction Documents Phase 1. Prepare from the approved Design Development Documents the com- plete working drawing and technical specifications setting forth in detail the requirements for the construction of the entire project, the conditions of the contract, the form of agreement between the City and Contractor, and bid pro- posal forms. 2- Review the cost estimate and advise the City of any changes. 3- Submit to the Director of Engineering Services three complete sets of the Construction Documents for review by the City. D. Bidding and Contract Phase 1. Upon approval of the Construction Documents by the City, prepare the Notice to Bidders as instructed by the City. 2. Provide (5) sets of complete working drawings and twenty (20) sets of specifications covering the work, including proposal forms and special in- structions 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 instructions for obtaining same. Additional sets of plans or -2- or specifications will be furnished to the City by the Architect upon request by the City, with the City reimbursing the Architect for the actual cost of re- production. 3. Supply the City with twenty -five (25) copies of a Bid Tabulation sheet one day prior to the receipt of bids. 4. Review and check all bid proposals and prepare a tabulation of the bids. 5. Submit a Oritten recommendation on the award of the contract to the City. 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 revisions as is satisfactory to the City for the re- advertising of bids, without increase in the basic fee. 6. After the award of the contract by the City, the Architect shall prepare six (6) copies of the Contract Documents ready for execution by the City and the Contractor. E. Construction Phase 1. Be the City's representative during the construction period which begins with the issuance of the Work Order and extends until the final accept- ance of the project. 2. Provide the general administration of construction including periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding 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. 3• Provide the general administration of the construction contract including the preparation of Contract Monthly Estimates, Contract Time State- ments, and Contract Change Orders, all on forms supplied to him by the City. 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. 5• Not be required to make exhaustive or continuous on -site inspec- tions normally defined as resident inspection, but will make periodic inspec- tions and those inspections necessary by a principal of the firm 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 -3- accordance with the construction contract, and that the contractor is entitled to payment. . F. As Built Drawing and Maintenance Manuals . 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 reproducible set on linen, mylar, or tracing of the working drawings including any and all corrections, revisions, alterations, or amendments to the plans and /or specifications made during the Construction Phase so as to reflect the true plans and specifications of the building as built. 2. The Architect shall use 24" x 36" sheet sizes of 3 mil mi'lar for F the "as built" drawings which are to be submitted as described above. 3. The Architect shall furnish to the City upon project completion, operating manuals or instructions,. -parts list, or maintenance manuals for all mechanical, electrical, or other equipment installed on the project. 4. The City will not make final payment to the Architect until the conditions of Section F are met. G. Transfer of Interest The Architect shall notascign or transfer any interest in this con- tract without prior written consent from the City. H. 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 con- tract 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 the acceptance of results of these services, there shall be no liability on the part of the City for such services. I. Cost Estimated 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 available. The City has allocated $200,000.00 for the project described in the scope. The design of the project --hall be such that the cost thereof will not -4- exceed the amount allocated by the City for its construction. The City will have the right to require the Architect to make revisions to the construction documents so as to bring the cost within funds available at no additional fee. II. The.City agrees to pay the Architect for his services in designing the project and related work a fee of eight and one -half percent (8.5%) 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. A. Payments to the Architect 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; 2. Upon completion of the Design Development Phase and acceptance and approval of the same by the City, an additional sum equal to twenty per- cent (20 %) of the Basic Fee computed upon an agreed estimated actual cost of construction; 3. Upon completion of the Construction Documents Phase and accept- ance 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 con- struction. 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. 5. During the Construction Phase, a sum equal to twenty percent (20%) of the Basic Fee shall be paid in monthly installments the amounts of which shall bear the same relationship to the total 20% 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 F, Paragraph 4 is met. 6. In regard to the Architect's Fee, the parties further agree; No deductions shall be made from the Architect's fee on account of penalty, liquidated damages, or other sum withheld from payments to the con- tractor and the City will not pay the Architect for a fee for change orders to the contract resulting from negligence of the Architect. -5- III. The City reserves-the ri ght 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 shall be considered an original, on the day and year first above written. ATTEST: City Secretary APPROVED: This 2 /�n/d�ay of A , 1973 City A t'd'r'al�e"y� O wh / r This day of 1973 Harold F. Zick, Director of Finance -6- THE CITY OF CORPUS CHRETI City Manager CHRISTIAN BRIGHT PENNINGTON & ASSOCIATES BY Ben E. Christian, Partner BY James M. Brut, Partner BY Sam A. Pennington, Partner • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 1 -4, 1973 • I certify to the City Council that $ 17,000 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 Project No. 291 -72 -1 Project Name McGee Beach from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Architectural Services - Christian, Bright, Pennington & Associates FIN 2 -55 Revised 7/31/69 19 73 rector of '-a-ce CI-P »> c_a.� .1 CORPUS CHRISTI, TEXAS - DAY OF a �9 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; 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. - PECTFU Y, dp a Q MAYOR THE CITY -OF CDR P HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE . CHARLES A. BONNIWE LL ��.rQJ ROBERTO BOSQUEZ, M.D. a (✓­ylz - REV. HAROLD.T. BRANCH - THOMAS V. GONZALES .. GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL . - R08E RTO BOSQUE Z, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GA BE LOZANO, SR. J. HOWARD STARK