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HomeMy WebLinkAbout11399 ORD - 03/28/1973JRR /wc 3/2303 lsr ..r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOHN M. OLSON FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF A FOUR FIELD SOFTBALL COMPLEX, PROJECT NO. 291 -72 -2, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF VNICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $15,225 FOR THE AFORESAID SERVICES; 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 TO EXECUTE A CONTRACT WITH JOHN M. OLSON FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF A FOUR FIELD SOFTBALL COMPLEX, PROJECT N0. 291- 72 -.2, AS 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 $15,225 OUT OF THE NO. 291 PARK BOND FUND FOR THE AFORESJA D SERVICES. SECTION 3. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO EXECUTE _ A CONTRACT FOR ARCHITECTURAL SERVICES FOR TH= DESIGN OF A FOUR — FIELD SOFTBALL COMPLEX 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF a 1973• j ATTEST, p CITCRET MAYOR THE CITY OF CORP CH ISTI, TEXAS APPROVED`i DAY OF /lv •�� , 1973' CITY ATTORNEY 11399 C O N T R A C T FOR ARCIISTLCTUfiAL SERVICES HE STATE Or TIMS COUNTY Or NUECES The City of Corpus Christi, hereinafter called "City ", and John Olson, herein- after called "Architect ", whether one or more, agree as follows: SERVICES TO 13E PERFOMMD. The Architect hereby agrees to perform all planning architectural and related services, including architectural, structural, mechanical, and electrical necessary to properly develop design plans and specifications for the construction of a Softball. Complex in the City of Corpus Christi, Texas. The basic scope of work is as follows: "Preparation of plans and specifications involving laying out four (4) softball fields with backstops and related facilities including press boxes, bleachers, perimeter fencing and a complete lighting system. The project also includes a restroom and concession building, parking for the complex and access for both pedestrian and vehicular circula- tion. The site is not yet determined, but will be furnished by City ". 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" as 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 architect agrees to perform, for the above named work, professional sery -. ices as hereinafter set forth: A. Schematic Design Phase 1. Review the location of the complex and topographic information furnished by the City. 2. Hold necessary local 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. 4. Prepare schematic design studies illustrating the scope of the project and its relationship to the site and adjacent structures and submit these studies for the City for approval. A colored exhibit will be. submitted to the City show- ing the relationship of the project: to the area adjacent to the park. -1- 5. Submit a statement of construction costs to the City together with recommendation regarding stages of development. 6. Submit three sets of Schematic Design Studies to the Director of Engineering Services for review by City._ - 7. Assist the City in preparing application for funds to federal agency, if needed on the project. B. Design Development Phase 1. Prepare from the approved Schematic Design Studies preliminary speci- fications, 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. 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 complete working drawing and technical specifications setting forth in detail the require- ments for the construction of the entire project, the conditions of the contract, the form of agreement between the City and Contractor, and bid proposal 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) five sets of complete working drawings and twenty (20) sets of specifications covering the work, including 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 instructions for obtaining same. Additional sets of plans or specifica- tions will be furnished to the City by the Architect upon request by the City, with City reimbursing the Architect for the actual cost of reproduction. 3. Supply the City with twenty -five (25) copies of a Bid Tabulation sheet one day prior to the receipt of bids. -2- 4. Review and check all bid proposals and prepare a tabulation of bids. 5. Submit a written recommendation on the award of the contract to the City. In the event the lowest bid exceeds the approved budget 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 pre- pare six (6) copies of -the Contract Documents ready for execution by the City and the Contractor. F. 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 per- iodic 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 ac- cordance 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 in- cluding the preparation of Contract Monthly Estimates, Contract Time Statements, 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 nee.- essary in his reasonable opinion to insure the proper execution of the contract and may condemn work as failing to conform to the contract. 5. Not be required to make exhaustive or continuous on -site inspections normally defined as resident inspection, but will make those inspections nec- essary 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. F'. As Built Drawings 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 -3- J tracing paper of the working drawings including any and all corrections, revi- sions, 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 Project as built. 2. The Architect shall use 24" x 36: sheet sizes of 3 mil mU ilar for the "as built" drawings which are to be submitted as described above. 3. The Architect shall furnish to the City upon project completion, op- erating manuals or instructions, parts list, or maintenance manuals for all mechanical, electrical or any other equipment installed on the project. 4. The City will not make final payment to the Architect until the con- ditions of Section F are met. G. Transfer of Interest The Architect shal-1 not assign or transfer any interest in this contract 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 contract in such sequence and at such times as may be necessary to insure the prompt and con- tinuous 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 ap- proval 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. The City has budgeted $175,000 for the construction of the project exclud- ing the Architect's fees and right -of -way acquisition. I. 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 ap- proved. The design of the project shall be such that the cost thereof will not exceed the amount approved 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 approved at no additional fee. II. The City agrees to pay the Architect for his services in designing the Softball Complex and related work a fee of eight and Seven Tenths percent (8.7%) of -4- 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 de- termined 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 con- struction. A. Payments to the Architect 1. Upon completion of the Schematic Design Phase and acceptance and ap- proval 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 percent (200) of the Basic Fee computed upon an agreed estimated actual cost of construction; 3. Upon completion of the Construction Documents Phase and acceptance and approval of same by the City, a sum equal to forty percent (400) of the Basic Fee to be computed upon the agreed estimated actual cost of construction. 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 (200) 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. 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 TrSTIMONY WHEREOF, Witness our hands in duplicate, each of which shall be considered an original, on the day and year first above written. • ATTEST: T. Ray Kring, City Secretary APPROVED: This 41A day of /l/�q/ i� 1973 y�2 Hal'Gfforge,`Executive Asst. City Attorney This day of , 1973 THE CITY OF CORPUS CHRISTI BY R. Marvin Townsend, City Manager Harold F. Zick, Director of Finance JOHN OLSON, ARCHITECT John M. Olson -6- • CITY OF CORPUS'CHRTSTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 14 On - I certify to the City Council that $ 15,225 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. 2Q1 -7P-2 Project Name Softball ConmiPx from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Architectural Services - John M. Olson 2Direcltor lofF)ic�X e C L-? FIN 2 -55 Revised 7/31/69 CORPUS CHRISTI, (TEXAS �8 DAY OF' 191J 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 DE 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. SPECTFU LY2 ^^ ' J Q MAYOR THE CITY OF CO CHRISTI. TEXAS TYE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE,�,2'�' • CHARLES A. BONN ISlE IL ROBERTO BOSQUEZ,Id.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. • V. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: • RONNIE StZEMORE CHARLES A. BONNtWELL • RODERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES v GABE LOZANO, SR. J. HOWARD STARK