HomeMy WebLinkAbout11402 ORD - 03/28/1973• JRR :vp :3- 26- 73:1s't
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH BENNETT, MARTIN & SOLKA, A GENERAL PARTNERSHIP,
FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE
AS MORE
DESIGN OF A HEALTH BUILDING, PROJECT NO. 207- 72 -3.1
WH ICH FULLY SET FORTH IN THE CONTRACT, A COPY OF
WHICH ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE NO.
207 PUBLIC BUILDING BOND FUND $75,000, OF WHICH
$72,000 IS FOR THE ARCHITECT'S FEES AND $3,000 IS
FOR INCIDENTAL EXPENSES; 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 Bennett, Martin & Solka, A General Partnership,
for architectural services in connection with the design of a Health Building,
Project No. 207- 72 -3.1, 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. 207 Public
Building Bond Fund $75,000, of which $72,000 is for the architect's fees and
$3,000 is for incidental expenses in connection with the said Project No.
207- 72 -3.1.
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 fall force
and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
-a —1 day of March, 1973.
ATTEST•
� O
City Secre ary
/MAYOR
APPROVED: THE CITY OF C CHRISTI, TEXAS
L�lS /�L±D /AY OF MARCH, 1973:
City eyF
AGI'1sIs'bUNT
THE STATL Or TEXAS
COwNTY or rncl s
THIS AGREEM ,T, made and entered into as of the
day of
, 1973, by and between the City of Corpus Christi, Texas,
hereinafter called "City" and Bennett, Martin & Solka, a general partnership,
hereinafter called "Architects ".
W.1 T N E S S E T H:
THAT 1'?THRRMS, the City intends to construct a Health building for
the Health Department of the City at Corpus Christi, and
"n EREAS, such facility shall include space for Administration, Im-
munization and Venereal Disease, Vital Statistics, Nursing Environmental Health,
Iaboratorys, Dental Health, Veterinary Services and other related services, and
WHEREAS, the City has available for the project including architec-
tural fees and contingencies the sum of $1,000,000.00, and
WHEREAS, the City at its own option may include a clinic within the
administration complex depending on the final location of the complex, and
I- RIER.AS, the City will provide the site for the project, but states
that the definite location of the site has not yet been determined but agrees
to make such determination prior to the Architects' schematic drawing, but not
necessarily before programming;
NOW, THErZRTOR,T;, the City and the Architect agree as follows:
The Architect hereby agrees to perform all architectural and related
services, includingg, architectural, structural, mechanical, and electrical in-
eluding emergency power where needed to properly develop, design plans and
specifications.for the construction of the health Building for the City of
Corpus C1risti on a site to be selected by the City of Corpus Christi.
SCOIIF OIL' SBSiVICES. Architect's services for items I -A thru I -E will
be those service- which as=s in aecordance with the "Services of the Architect"
a:; pu'.,l:i hcd in l9 ti by fire 'ex.:L Society of Architects, and will include the
followl::;; Scopu, of ba.aIc Sevviuos:
I. TI]e urcL:i.i,ecl'• ai rac to purl'orn:, for tl :c above n:w:ed work
P ='o_
1's:a.l.utrtl. scrv.ice:. .,.. Lu•r.iu:u'tcr :ut 1',n•iit;
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A. Programming Phase and Schematic Design Phase
1. Bold necessary conferences with the City staff, other
governmental units, and interested Parties so as to coordinate the planning
of the.project and male a space requirement study to determine the space
needs of the Health Department prior to any programming of the project.
2. Research available information applicable to the project.
3. Review the proposed site and topographic information
furnished by the City.
4. Prepare schematic design studies illustrating the scope
of the project and its relationship to the proposed site and adjacent struc-
tures, if any, and submit to the City for approval. Exhibits will be submitted
to the City showing the relationship of the project to the site.
5. Submit a statement of construction costs to the City to-
gether with recommendation of most desirable plans.
6. Submit three sets of Schematic Design Studies to the
Director of Engineering Services for review by City.
7.,, Assist the City in malting application to federal or state
agency for assistance on the project if such assistance is available and de-
sired by the City.
B. Design Development Phase
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, mechan-
ical and electrical systems, material and such other essentials as may be nec-
cessary.
2. Review the preliminary cost estimates and submit an es-
timate of probable cost based on current area volume or unit prices.
3. Submit three sets of the Design Development Documents
to the Director of P'llgineering Services
for review by the City.
C. Construction, Documents Phase
1.
Prep 'X0 from the approved Design Devc3.011mont Documents
the complete Working dras•rinr; and technical specificationm setting forth in
detail the roquiram. "IlL: for the conntructioct of the 11ealth 1311;1(1.11,;, the con -
di. Lion:; 0.0 Lhe coutrucl;, 1:1:0 1'01•::1 of a;;rcelil fit UcLi;ecn l.hc City and Contx:lctor,
.lnd hid iurpostil I'ormn.
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changes. 2• Review the cost estimate and advise the City of any
3. Submit to the Director of Engineering Services three com-
plete 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.
workin lete
2• Provide (5) five sets of complete g drawings and
twenty (20) sets of specifications covering the work, including proposal forms
and special instructions to bidders, for general distribution to all Prospec-
tive 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 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 tabula-
. tion of the bids.
5. Submit a written recommendation on the award of the con-
tract 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 satisfac-
tort' to the City for the readvertising of bids, without increase in the basic
fee.
6. . ' .fter the award of the contract by the City, the Architect
slwzll prepare six (6) copies of the Contract Documents ready for execution by
the City= and the Contractor.
E* Constraction Phase
1. Be the cj'ty':' r�presentati.ve during; the construction
period which begins with the issuance of the 1loi9t Order and c:ctctids until the
fin;1 accepl•ctnee of t}te project.
2. 1lovide thu gorcz'al a ni.tti::ti;ltion oi' construction incluil-
i'M N-ric,.iic v:i::.its 1,0 the si.tc tL, 1';;;:ili;:ri ^e }ti;,;;'clf ;eutrally wi'l}t the pr „_
ta't' :cs and gtt'tlity oC tLt• iaot•k cu:d to dolra'u'i::e iu rVn •rat if the work is pro.-
cr�_diut: iu ucuunLtnc:cr w.iLl: 1;ltc cc:actr,tut• Thu At•chli•oct wLJ.]. uudr:wor to ('1141'd
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the City al;uinot 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 con-
tract including 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 necessary 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 in-
spections necessary to prepare the Contract Monthly Fstimates 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 contractor is entitled to payment.
F. As Built Drawings and Maintenance Manuals
I. 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
mrlar for the "as built" drawings which are to be submitted as described above.
3. The Architect s]L-411 f'u niuh to the City upon project com-
pletion, Operating manuals or instructions, parts list, or maintenance manuals
for all mechanical, electrical, or any other equipment installed or the project.
4. The City will not make iInUl payraert to the Architect urr-
til the conditions of Section F are mct.
G. `l'r;'nsl'cr of luLet•c,L '
Tires Architect nh:lll not a;ai ;n or transfer any interest in this
contract. without hriur roriL'tvtl cc,nacnt from tilt) CiLy.
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i
H• Orderly Rendering of Services
The Architect shall furnish the document 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 construct-
ing the project, and it is understood that all designs and details of design-
ing are subject to the approval of the City, and until the acceptance of re-
sults of these services, there shall be no liability on the part of the City
for such services.
1• Cost Estimates
The Architect is to provide cost estimates through each phase
Of the desist] of the project, but does not guarantee the accuracy of such es-
timates; however, it is understood that the project must be constructed within
funds available, The City has budgeted ge $11000,000.00 for the Project including
fees and contingencies. The design of the project shall be such that the cost
thereof will not exceed the above amount allocated by the City for its construe-
tion. 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 design-
ing the Health building and related work a fee of eight percent (8.0 %) of the
cost of construction, said basic rate to be based 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 ac-
tual cost of construction as determined by the contract price
shall be used as
the cost of construction.
In the event the scope of the work is increased or
decreased or the approved budget chin es, the fee will be changed accordinL-ly
to and interpolation within the schedule of Group II of the Services of the
Architect.
A. 1 }ty rents to the Architect
1• upon co:;1"lrtio :t oi• the Fiv and Schav atic Fhase
arcl accent arcc aand apt ,r
:1 ov „7- oC Lho a::!c by tl:c C_i'1.y, a sum equ:cl to fifteen
]"uc cosil,ntcd upon :;n ac�;c•e'od es Lirwlted ttcl'acal coat
of coustrttcL :iuu;
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2• Upon completion of the Design Development Phase and ac-
ceptance and approval of the same by the City, an additional sum equal to
twenty percent (20;0) 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 con-
struction. The City may authorize monthly payments for this phase upon evi-
dence of suitable PTOZress by the architect. The monthly payments, if author-
ized, shall bear the same relationship to the total 4op fee as the percentage
at completion of that phase.
�+• 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 per_
cent (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'Con-
struction 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 but the City will not pay the architect fee for change orders necessi-
tated as a result of negligence on the port of the architect.
121. The City has not yet set definite timetables on the completion
of the project. It is expressly understood by both parties that ro�hen possibility
..nd/or do ;rLe of feder:�..:_� funding is determined, timotab:l.es for the project t:il.l
be estab! i.slied by the City quid the Architect endeavor to complete the
Project I. -Rhin these timcL•Ubles.
IV. The City roservos the right to tei:uina'tc this contract at any titan
oJiL1i or t:ithout r.:w e. In the event of' such trr:eintttion, the Architect tri.11. be
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paid a semi proporLiourcLc toihe staLe of complution of the Zihac,e,of work in •
Which he is then engaged.
IN TESTIMONY 411IIsRE0p, Witness our hands in duplicate, each of which
shall be considered an original, on the day and year first above written.
ATTEST:
T- Ray ?trim, City Secretary
APPROVED:
This �"Z�{4/j day ofp� �t , 1973
Hal George, Executive Asst. City Attorney
This day of
1973
Harold F. 'Lick, 10 e of Finance
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THE CITY OF CORPUS CHRISTI
BY
R. Marvin :'oomsend, City Manager
BENNETT, MARTIN & SOLKA
BY
1
CITY OF CORPUS CHRISTI, TEXAS •
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 75,000 , 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 207 p,jhlio BlLjl ing
Project No. 207 -72 - 1
Project Name Health Buildin-a
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
Architectural Services - Bennett, Martin & Solka
Architect's fee $72,000
Incidentals
$75,000
FIN 2 -55
Revised 7/31/69
1973
erector of Fi ce
GI- P
_r
CORPUS CHRfSTIj TEXAS
• i
DAY OF �9
TO THE MEMBERS OF THE CITY COUNCIL
CORF JS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING
ORDINANCEI 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.
MAYOR
THE CITY OF CDR S RIST1, TEXAS
THE CHARTER RULE WAS�SUSPENDED SY THE FOLLOWING VOTE:
- . .. BONNIE 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 LOWIN -
RONNIE SIZEMORE
CHARLES A. BONNIWELL.
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH Q���•�����
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
•