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.
•
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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: