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HomeMy WebLinkAbout11400 ORD - 03/28/1973JRR:vmp:3- 23- 73:1st 34%Ew AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE GREENE & TERRY PARTNERSHIP FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE MUNICIPAL SWIMMING POOL FOR FLOUR BLUFF PARK, PROJECT NO. 291 -72 -9, ALL AS 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 $15,000 OF WHICH $12,975 IS FOR THE ARCHITECT'S FEES AND $2,025 IS FOR INCIDENTAL EXPENSES INCLUDING SURVEY, LAB- ORATORY SERVICES AND OTHER INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. 0 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, f SECTION 1. That the City Manager be, and he is hereby, authorized to execute a contract with The Greene & Terry Partnership for architectural services for the design of the municipal swimming pool for Flour Bluff Park, Project No. 291 -72 -9, all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", and made a part hereof. SECTION 2. There is hereby appropriated out of the No. 291 Park Bond Fund $15,000 of which $12,975 is for the architect's fees and $2,025 is for incidental expenses including survey, laboratory services and other inci- dental expenses in connection with the said Project No. 291 -72 -9• SECTION 3. The necessity to enter into the aforesaid contract and to appropriate the necessary funds in order that the project may be commenced without delay 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 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 March, 1973. ATTEST: City Secr t APPROVED: 7 '7-WA DAY /OOFF MARCH, 1973: 10 .�1/1AL" City Attorney_ • 0 MAYOR THE CITY OF COR S HRISTI, TEXAS 11400 C O N T R A C T FOR A}t�)CC17,C'1'UIiAh SP.1tVICES THE STATE OF TEXAS COUNTY OIL' NUECES The City of Corpus Christi, hereinafter called "City', and The Greene & Terry Partnership, hereinafter called "Architect" whether one or more, agree as follows: SERVICES TO BE PERFORMED. The Architect hereby agrees to perform all architectural and related services, including architectural, structural, mechan- ical and electrical necessary to properly develop design plans and specifica- tions for the construction of a swimming pool in Flour Bluff Park adjacent to Sandy Oaks Subdivision in the City of Corpus Christi, Texas. The basic scope of work is as follows: Preparation of plans and specifications for the construction of a swimming pool within the 20 acre Park. The plans should also include related facilities such as parking but should not in- elude park development. The Master Plan for the Park will be prepared by the Parks Department. SCOPE OF SERVICES. Architect's services for Items A thru E listed be- • low shall be in accordance with the "Services of the Architect" dated 1968 as published by the Texas Society of Architects and the Texas Region of the American Institute of Architects and will include the following scope of basic services: I. The architects agrees to perform, for the above named work, professional services as hereinafter set forth: A. Schematic Design Phase 1. Review the existing park site, topographic and soils information furnished by the City. 2. Hold necessary conferences with the City staff, other goveriamental unita, and interested parties co as to coordir-:te the planning of the project. 3. Research available illf�AU:at:ion' applicable to the project. 11. Prepare ochevaLia de:aign studies lllusLratin„ the scope of the pro - ject and ilu rclatiun_:Irip to t.hu site and the Mister Plan and snbnit these stud.i�:. for the City Vor anpro%al. A colored e:chibit will, be a ibmittud to thu to Lhe CI Ly _shva]ni; U. reLd.i. Ott ..1:.i 11 Ul• Cho hnol. to "le ('Vt.' l]. devUlo}nueent bl' Llu }xn1: :a:; rcl'lect.cd ill 010 M:1 :;kW flan. 1 - 5. Submit a statement of probable construction costs to the City to- gether with reconmiendation regarding stages of development. 6. Submit three sets of Schematic Design Studies to the Director of Engineering Services for review by City. 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 re- quirements 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 Lngineering 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 spcc- cifications will be ilirnishcd 1.0 the City by the Architect upon request by the City, with the City rc.iciunz °:;.in; the. A-•cliiteet ibr thU uutual cost of reproduc- tiLill. j, ;;uh}7.y this. C.ii;y t:il.li LwrnLy -i:ivu (2 j) copics o1' a liid xu1juinti.on :;heel one il:iY rriur LO the rrCUipL of bid:;. •l bids. 0 4. Review and check all bid proposals and prepare a tabulation of the 5. Submit a written 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 to bring the project within the approved budget without increase in the basic fee. 6. After the award of the construction 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 accep- tance of the project. 2. Provide the general administration of the construction contract in- eluding 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 nec- essary in his reasonable opinion to insure the proper execution of the contract and may reject work as failing to conform to the contract. 5. Not be required to ::lake exhaustive or continuous on -site inspec- tions no_nmily defined at: resident inspection, but will make those inspec- tions necessary to prepare the Contract Monthly Fstiriates and to certify that to the bast of his knowled., ;c wort: has projressed to the point indicated, the quality of the work is :in accor3•tnee with the construction contract, and that the contactor is (!1Mtlud to I'. A:: 1411.lt I)rcntin ;:; eunl i''aiuLc•n:uicu DYmiutls 1. The ArL:16treL ::lv.ai 1'urni.sh to thu MLy, uj)un completion of ::rid pro'jvcL, ut' upon LrrminaL.i,uu u1' Chis CUntrcu-L :U; livruln prtrvided, a ouitablu huunll copy 01' l.hu np�tci..iCt• :d.1un :: Unlit U rup.ruditc.lhlc svl; oa Linen, w,ylal', - 3 - or tracing of the worktn, drawings including any and all corrections, revisions, alterations, or amendments to the plans and /or specifications made during the Construe',ion Phase so as to reflect the,true plans and specifications of the project as built. yy 2. The Architect shall use 24" x 36" sheet sizes of 3 mil m"lar for 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 chemical equipment installed on the project. 4. The City will not make final payment to the Architect until the con- ditions of this Section F are met. G. Transfer of Interest The Architect shall not assign or transfer any interest in this contract without prior written consent from the City. H. Orderly Rendering of Services Tine Architect shall furnish the doe-:zments required in each phase of the design and render or provide the services required in this contract in such se- quence and at such times as may be necessary to insure the prompt and continu- ous 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 these services, there shell be no liability on the part of the City for such services. II. Cost Estimates The City has budgeted $150,000.00 for the construction of this project includin., pool and related facilities. 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 a,railable. The design of the project shall be such that the cost thereof will not exceed the amount allocated by the City for its construction cis indicated above. Tile City will hn.ve the ri ht to require the Architect to make revisions to the eoll::trlictioa duc:rne.rhs so as to bring tho cost within the approved budget ,it no ridition•ll. fee. W II. The City agrees to pay the Architect for his services in designing the swim- ming pool and related work a Basic I''ee of eight and sixty -five one hundredths percent (3.(i5p) of the cost of construction, said basic rate to be calculated upon the estitwited 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 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 (20%) 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 (40 %) 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 Pnase, 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 1� 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 da:u, es, or other sum withlield from payments to the con- tractor. III. The Cat;; reserves the ri _-ht to terminate -.his co:tract at any time with or without cause. In the event of such icrmination, the Architect will be paid a stun p:•oportio:;ate to the stage of eol,:plet:ion of the phase of work in which he .1r. 1.11C:: end °tgi•d. - 5 - 114 TLI ;!W1OfdY WI[MIMF, Witness our hands in duplicate, each of Which shall be considered an original, on the day and year first above written. ATTLST T. Ray Kring, City Secretary TILL CITY OF CORPUS CHRISTI R. Marvin Townsend, City Manager APPROVED �} L �� -P, da'y of 1973 H,11 George, Executive Assn't. City Attorney day of 1973 Harold F. Zick, Director of Finance THE GREEN & TERRY PARTNERSHIP By Partner By Partner - 6 - CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 13, 1973 I certify to the City Council that $ 15,000 , 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 -9 Project Name Flour Bluff Park and Pool from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Architectural Services - Green & Terry Architect's fee $12,975 Incidentals 2,025 $15,000 FIN 2 -55 Revised 7/31/69 P/ , �9Z qj irector of nance CORPUS CHRISTI, TEXAS DAY OF awo_' � TO THE MEMBERS OF THE CITY COUNCIL . CORPUS CHRISTI TEXAS - FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 INTRODUCEDI 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 INTRODUCEO� OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPEC 7 ULLY, MAYOR THE Cj OF C CHRISTI, -TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE . CHARLES A. BONNIWE LL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH . THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL - ROBERTO BOSQUEZ, M.D. -REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. .._ J. HOWARD STARK