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HomeMy WebLinkAbout11898 ORD - 01/30/1974JRR:jkh :hb :1/29/74:lst • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TURNER, ROME, COTTEN & ASSOCIATES, INC., FOR ARCHITECTURAL SER- VICES FOR DESIGN OF TWO SENIOR CITIZENS CENTERS, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF; APPROPRIATING AND RE- APPROPRIATING $25,500 OUT OF THE NO.124 FOURTH ENTITLEMENT PERIOD GENERAL REVENUE SHARING FUND FOR THE AFORESAID ARCHITECTS' FEES; 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 Turner, Rome, Cotten & Associates, Inc., for architectural services for design of two Senior Citizens Centers, as more fully set forth in the contract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. There is hereby appropriated and re- appropriated out of No.124 Fourth Entitlement Period General Revenue Sharing Fund the sum of $25,500 for the aforesaid Architects' fees. SECTION 3. The necessity to immediately authorize the execution of the contract and to appropriate the necessary stuns in order that the plans for construction of the Senior Citizens Centers may be commenced at the earliest practicable date 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 and 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 //? 19, its introduction and take effect and be in full force and effect from and aftetr its passage, IT IS ACCORDINGLY SO ORDAINED, this the S0 day of January, 1974. ATTEST- City City Sec t y APPROVED: DAY OF JANUARY, 1974: City Attorn MAYOR THE CITY OF CORPUS CHRIS I, TEXAS JRR:HG:hb:l /29/74:lst AGREE 4M THE STATE OF TEXAS I COUNTY OF NUECES I THIS AGREEMENT, made and entered into as of the day of , 19 by and between the City of Corpus Christi, Texas, a municipal corporation and body politic organized under the home rule statutes of the State of Texas, hereinafter called "City" and Turner, Rome, Cotten & Associates, Inc., hereinafter called "Architects ". W I T N E S S E T H THAT WHEREAS, the City intends to construct two facilities for the senior citizens of the City of Corpus Christi, and WHEREAS, the City has available for the project including construc- tion, architectural fees, contingencies and land acquisition $500,000, and TTrnxFAS, the City will provide the sites for the project, but states that the definite location of the sites has not yet been determined but agrees to make such determination prior to the Architect's schematic drawing, but not necessarily before programming: NOW, THEREFORE, for and in consideration of the payments, covenants and undertakings herein do the City and the Architect agree, covenant and contract as follows: The Architect hereby agrees to perform all architectural and related services, including architectural, structural, mechanical, and electrical design plans and specifications for the construction of two senior citizens' facilities for the City of Corpus Christi on sites to be selected by the City of Corpus Christi. SCOPE OF SERVICES. Architect's services for Items I -A thru I -E will be these services which are in accordance with the "Services of the Architect" as published in 1968 by the Texas Society of Architects, and will include the following scope of basic services: I. The architect agrees to perform, for the above named work, pro- fessional services as hereinaftet set forth: A. Programming Phase and Schematic Design Phase 1. Hold necessary conferences with the City staff, other governmental units, and interested parties so as to coordinate the planning of the project and make a space requirement study to determine the space needs of each senior citizens' facility prior to any programming of the project. 2. Research available information applicable to the project. 3. Review the proposed sites 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 & Physical Development for review by 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, mecban- ical and electrical systems, material and such other essentials as may be nec- essary. 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 Engineering & Physical Development 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 senior citizens' facilities, 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 & Physical Develop- ment 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, prepare the Notice to Bidders as instructed by the City, to be bid separately for each facility. • • 2. Provide five (5) sets of complete working drawings and twenty (20) sets of specifications covering the work for each facility, in- cluding proposal forms and special instructions to bidders, for general distri- bution 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 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 reproduction. 3. Supply the City with twenty -five (25) copies of a Bid Tabulation sheet one day prior to the receipt of bids for each facility. 4. Review and check all bid proposals and prepare a tabula- tion of the bids for each facility. 5. Submit a written recommendation on the award of the con- tract to the City. In the event the lowest acceptable bid exceeds the esti- mated 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, if any, of the contract by the City, the Architect shall prepare six (6) copies of the Contract Documents for each facility ready for execution by the City and the Contractor. E. Construction Phase 1. 13-- 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 for each facility. 2. Provide the general administration of construction Includ- ing periodic visits to the site to familiarize himself generally with the pro- gress and quality of the *.cork and to determine in general if the work is pro- ceeding 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 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 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 contractor is entitled to payment. F. As Bailt Drawings and Maintenance Manuals 1. The Architect shall furnish to the City, upon comple- tion 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, alteratioms or amendments to the plans and /or specifications made during the Construction Phase so as to reflect the true plans and specifica- tions of the building as built. 2. The Architect shall use 24" x 36" sheet sizes of 3 mil mylar 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 any 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 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 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. I. Cost Estimates The Architect is to provide cost estimates for each facility 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 budgeted'$W0,000.00 for the construction of the two facilities. The design of the project shall be such that the cost thereof will not exceed the above 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 design- ing the first senior citizens' facility and related work a fee of eight and one -half percent (8.50) of the cost of construction, estimated at $200,000 and 4.25% of the cost of construction for the second facility estimated at $200,000, said basic rate to be based upon the estimated actual cost of con- struction until such time as the actual cost of construction has been deter- mined by the letting, if any, 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. In the event the scope of the work is increased or decreased or the approved budget changes, the fee will be changed accordingly to and interpolation within the schedule of Group II of the Services of the Architect. A. Payments to the Architect 1. Upon completion of the Programming and Schematic Phase and acceptance and approval of the same by the City, a sum equal to fifteen percent (15%) of the Basic Fee for each facility computed upon an agreed es- timated actual cost of construction; 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;) of the Basic Fee for each facility 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 for each facility to be computed upon the agreed estimated actual cost of construction. The City may authorize monthly payments for this phase upon evidence of suitable progress by the architect. The monthly payments, if authorized, shall bear the same relationship to the total 40% fee as the percentage at completion of that phase. 4. Upon receipt of bids and award, if any, of a construction contract, a sum equal to five percent (57) of the Basic Fee for each facility 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 for each facility 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 contractor but the City will not pay the architect fee for change orders necessitated as a result of negligence on the pert of the architect. III. The City has not yet set definite timetables on the completion of the project. It is expressly understood by both parties that when possibility and /or degree of federal funding is determined, timetables for the project will be established by the City and the Architect shall endeavor to complete the project within these timetables. IV. 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 state of completion of the phase of work in which he is then engaged. IN TESTIMONY WHEREOF, Witness our hands in.dup7icate, each of which sbnll be considered an original, on the day and year first above written. ATTEST: THE CITY OF CORPUS CHRIM 'BY T. Ray Kring, City Secretary R. Marvin Townsend, City Manager APPROVED: This / Z day of , 97 006�L City Attorney This day of '1974 Harold F. Zick, Director of Finance TURNER, ROME & COTTEN & ASSOCIATES BY BY BY Corpus Christi, Texas ��� y of 19 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; I, 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby ! James T. Acuff ✓ Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed ' Jason Luby ✓ / James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark te: