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HomeMy WebLinkAbout11426 ORD - 04/04/1973J1t1.: jkh:4 -3 -73; 1st AN ORDINANCE AMENDING ORDINANCE NO. 9743 AND THE CONTRACT AUTHORIZED THEREIN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AFORESAID CONTRACT WITH PAGE, SOUTHERLAND, PAGE & WHITTET FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE CORPUS CHRISTI MUSEUM BUILDING NO. 2 SO AS TO PROVIDE FOR THE DESIGN OF INTERIOR IMPROVEMENTS; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $5,950 FOR THE ARCHITECT'S FEES APPLICABLE TO PROJECT NO. 291 -72 -4, CORPUS CHRISTI MUSEUM BUILDING NO. 2 - INTERIOR IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That•Ordinance No. 9743, passed and approved by the City Council on May 13, 1970, and the contract authorized therein, be and the same is hereby amended, and the City Manager is hereby authorized to execute an amendment to the aforesaid contract with Page, Scutherland, Page & Whittet for architectural services for the design of interior improvement of the Corpus Christi Museum Building No. 2, all as more fully set forth in the Amendment to Contract for Architectural Services, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. There is hereby appropriated out of the No. 291 Park Bond Fund the sum of $5,950 for the architect's fees applicable to Project No. 291 -72 -4, Corpus Christi Museum Building No. 2 - Interior Improvements. SECTION 3. The necessity to appropriate the hereinabove described sums and to authorize the City Manager to execute an amend- ment to the contract with Page, Southerland, Page & Whittet so that the project may continue 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 shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having i1426 requested that said 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 April, 1973. ATTEST: City Secretar ,/ MAYOR THE CITY OF CORPUS HR TI, TEXAS APP. DAY OF APRIL, 1973: City At orney� • COPT '!'J, A C T FOR ARCULTECTUIVJ, SERVICES THE STATE OF TEXAS COUNTY or NUECES AIIEREAS, the City of Corpus Christi, Texas, a municipal corporation, acting through its City Manager entered into an agreement, dated May 13, 1970 as authorised by Ordinance No. 97113, with Page, Southerland, Page, and Wlrittet for architectural services required to design the Corpus Christi Museum Building No. 2; and WEREAS, it has been determined by the City that the scope of the contract should be expanded to include the design of the interior of Corpus Christi Museum Building No. 2: Now TIEREFORE, the City of Corpus Christi, a municipal corporation and body politic operating under the home rule statutes of the State of Texas, herein after called "City", and Page, Southerland, Page, and Whittet, here- inafter called "Architect" whether one or more, agree as follows: SERVICES TO BE PERFOR: ,21). The Architect hereby agrees, at his own expense, to perform all architectural and related services, including archi- tectural, structural, mechanical, and electrical necessary to properly deve- lop plans and specifications for the finishing of the Corpus Christi Museum Building No. 2 - Interior of the City of Corpus Christi, Texas. 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 Manual of Practice 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 architects agrees to perform, for the above named work, professional services as hereinafter set forth: A. Schenkltic Design Phase 1. Review the existing floor space and as built plans of the Corpus Christi lduscr ^t Building No. 2. 2. Hold necessary conferences with the City staff personnel so as to coordinate the plann inU of tl:e project. 3. 1 ?esearch available inf•or!n ^tion applicable to the project. h. Propare pra'lir,rinury i1lu:traLi.n; the iencrt:til floor phut rind c:ulenit those :Ludic: t,; Cher CLty J'or appt'ov:tl. 5. ..^,nbmlt a ::LaLr•cienC of htnbal >le co:rtn l;o the City together with rrcnnum nd;ti,iou rrl;nrdin wort: to be done. 6. bu1>mi'L three Of prclii;,inary plans to the Director of • Engineering Services for review by City. B. Design Development Phase 1. Prepare from the approved preliminary layout 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 requirements 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 I. Upon approval of the Construction Documents by the City, pre- pare 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 there of by complying with the terms set out in said special instructions for obtaining same. Additional sets of plans or specifications trill be furnished to the City by the Architect upon request by the City, with the City reimbursing the Architect for the actual cost of reprOdUction. 3• Supply the City 171th twenty -five (25) copies of a Bid Tabula- tion nheet one day prior to the recoi.pt of' bids, ls. RevS car Oil,l cheel; all bid pt upn::a v s avid prepare a tabulation Of thr bide. 5• SubmLL a4 c•;r then nuwv nclat,ion on tl,c mrcn•d of t.hc contract to i.hrt City. 7n t.hc rvevrL the ]un:a tucrl',Lnb], bid oxr•ocdn tlu: VPLi.mnttud. 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 readvertising 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 acceptance 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 contract and may condemn work as failing to conform to the contracts. 5. Not be required to make exhaustive or continuous on -site in- spections normally defined as resident inspection, but will make those inspec- tions necessary to prepare the Contract Monthly Estimates and to certify that to the best of his knowledge work has progressed to the point indicated, the qual- ity of the work is in accordance with the construction contract, and that the contractor is entitled to payrlent. 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 sui- table bound copy of the specifications ands reproducible set on linen, mylar, or tracicig of the working dr;rrinms including a.ny and all corrections, revisions, altorations, or anenibnes:! s to the p1nns ;Jid/or sliecifi Cat ions Made during the Coi:ntrueLion Phase ::o ar to reflect the trua plru::: and ;p eificstions of the pro,jccL as built.. 2. The Architect r -Imll use phi" r i6 >" ::hcot sizes o'1' 3 :pal mylar -3- i for the "as bui.it" dvaliitliLs Which aro to be C:ubnLUL(,d as described above. • 3• 1710 Architect shall furnish to the City upon project comple- Lion, 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 conditions of 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 The Architect shall furnish the documents required in each phase Of the design and personally render or provide the services 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 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 Estimates The City has budgeted $85,000 for the construction of this project. The Architect is to provide cost estimates during 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. Tile design of the project shall be such that the cost thereof will not exceed the amount allocated by the City for its construction as indicated above. The City will have the right to require the Architect to rake revisions to the con- struction documents so as to bring the cost trithin fluids available at no addi- tional fee. II. The City agrees to pay the Architect for his services on this project and related work a fee of Seven Percent (7•;) of the cost of construction, said basic rate to be calculated upon the estimated actual cost of construction until such tipsy as the actu:.l cost of construction has been determined by the letting oi' a contract, from and after t;hi.ch d te. the :tctluil. co: :t of construction as de- tcrpiin0d by the contract price e:ha71 Uo used as the cost: of cotlsti uc� ion. A. PaymcnLs 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 accep- tance 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 accep- tance 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 construc- tion. 4. Upon receipt of bids and award of a construction contract, a sun equal to five percent (5i) 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 Construc- tion 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 deduction shall be made from the Architect's fee on account of penalty, liquidated damages, or other sum withheld from payments to the cor.- tractor. III. The City reserves the right to terminate this contract at any time zrith 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. IV. Except as herein provided the terns of the contract previously entered into on the 13th day of May, 1970 beti:.reen "City" mud "Architect" shall remain in full force and effect. i III TEST11,1ONY lII I I I;JF, Witness' ou, licuids in duplicate, each of which • sha11 be considered an original., on this the da of y , 1973. ATTEST:, THE CITY OF CORPUS CHRISTI T. BY Ray Kring, City Secretary R. Alarvin Townsend, City Manager APPROVED: o This d-y of , 1973 Hal Georb , Exec Live Asst. City Attorney This day of , 1973 Harold F. Zicx, Director of Finance PAGE, SOUTHERLAND, PACE AND WHITTET BY -E- CORPUS CHRISTI, TEXAS DAY Or 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. r�EC )LLY, 4 MAYOR THE CITY F CO CHRISTI,, TEXAS TCECHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: - BONNIE SIZEMORE � • CHARLES A. BONNIWE IL � ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH` THOMAS V. GONZALES GABE LOZANO, SR. - II. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING ' BONNIE SIZEMORE CHARLES A. BONNIWELL - . - ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES - GABE LOZANO, SR. J. HOWARD STARK r