Loading...
HomeMy WebLinkAbout12496 ORD - 02/26/19750 MLM :e:hb:2 /25/75:lst AN ORDINANCE Y AMENDING THE BUDGET: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GALE GARTH CARROLL FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF AN AMPHITHEATER (BAND SHELL) IN COLE PARK A COPY OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT ,A" AND MADE A PART HEREOF FOR ALL PURPOSES; APPROPRIATING $13,000 OUT OF NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291 -72 -8, OF WHICH $11,154 IS FOR THE ARCHIETCT'S FEES AND $1,846 IS FOR INCIDENTAL AND RELATED 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 Gale Garth Carroll for architectural services in connection with the design of an Amphitheater (Bank Shell) in Cole Park, said design having been selected by the Jury, as set forth in the guidelines of the architectural proposal, as winning entry in Architectural Competition held, in accordance with AIA procedure, for the purposes of selecting a design for said Amphitheater, a copy of said contract is attached hereto, marked Exhibit 'T', and made a part hereof for all pertinent purposes. SECTION 2. That there is hereby appropriated from No. 291 Park Bond Fund applicable to Project No. 291 -72 -8, of which $11,154 is for the architect's fees and $1,846 is for incidental and related expenses. SECTION 3. Amendment of the City Budget to accomplish the purposes of this ordinance is necessitated for emergency expenditure in grave public necessity to meet unusual and unforeseen conditions, which could not, by reasonable diligent thought and attention of the Government of the City of Corpus Christi, have been included in the current, original Budget of the City. SECTION 4. The necessity to authorize the execution of the aforesaid contract and appropriate the necessary funds at the earliest possible time so that this project may be completed as rapidly as possible creates a public emergency and an imperative public necessity requiring IL2496 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the-;Z� day of February, 1975. ATTEST: Aox. C Secretary MAYO . Pro Tem CITY OF CORPUS CWISTI, TEXAS APPROVED: 2�LDAY OF FEBRUARY, 1975: r% .� %�� AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT, made and entered into as of the day of -,, 1975 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 Gale Garth Carroll, here- inafter called "Architect ". W I T N E S SET H THAT WHEREAS, the City intends to construct an Amphitheater (Band Shell) in Cole Park of the City of Corpus Christi, and WHEREAS, an Architectural Competition has been held in accordance with the AIA procedure, and WHEREAS, the Jury has selected the entry submitted by the Architect as the winning entry in the Competition and WHEREAS, the City desires to bind itself by the decision of the Jury and the requirement of the Architectural Competition program as it per- tains to the selection of the Architect submitting the winning entry. NOW, THEREFORE, for and in consideration of the payments, cove- nants 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 the Amphitheater (Band Shell) in Cole Park for the City of Corpus Christi, Texas. 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 hereinafter 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. 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 the City. NOTE: It is understood that most of the items listed above have been complied with by the Architect as they were items listed in the pro- gram for the Architectural Competition and the submission of copies at the Competition to the City will be sufficient to fulfill the requirement of pro- gramming and Schematic Resign phase. 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- essary. 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 & 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 Cole Park Amphitheater (Band Shell) the conditions of the contract, the form of agreement between the City and Contractor, and bid proposal forms. changes. 2. Review the cost estimate and advise the City of any 3. Submit to the Director of Engineering & Physical -2- Development three complete sets df 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 for the project. 2. Provide three (3) sets of complete working drawings and ten (10) sets of specifications covering the work for the project, 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. Addi- tional 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 the project. 4. Review and check all bid proposals and prepare a tabu- lation of the bids for the project. 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 the project 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 includ- ing periodic visits to the site to familiarize himself generally with the pro- gress and quality of the work and to determine in general if the work is pro- ceeding in accordance with the contract. The Architect will endeavor to guard -3- 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 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 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 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, alterations 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. C. Transfer of Interest The Architect shall not assign or transfer any interest in this contract without prior written consent from the City. -4- 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 the project 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 $130,000.00 for the construction of the project. 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 with- in funds available at no additional fee. II. The City agrees to pay the Architect for his services in design- ing the project and related work a fee of eight and fifty -eight one hundredths percent (8.58%) of the cost of construction, estimated at $130,000, 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, 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. 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 Sixteen Hundred Dollars ($1,600.00); 2. Upon completion of the Design Development Phase and acceptance and approval of the same by the City, a sum equal to thirty -five percent (35 %) of the Basic Fee, less $1,600.00 for the project computed upon -5- 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 seventy -five per- cent (75 %) of the Basic Fee for the project to be computed upon the agreed estimated actual cost of construction, less payments for A -1 and A -2 above. ., 4. Upon receipt of bids and award, if any, of a construction contract, a sum equal to eighty percent (80%) of the Basic Fee for the project which shall be adjusted based upon the amount of the construction contract after an award is made, less payment for A -1, A -2, and A -3 above. 5. During the Construction Phase, a sum equal to one hun- dred percent (100 %) of the Basic Fee for the project shall be paid in monthly installments, the amounts of which shall bear the same relationship to the 100% as the Monthly Construction Estimate bears to the total contract price, less payments to A -1 thru A -4 above. 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 neces- sitated as a result of negligence on the part of the Architect. III. The City desires for the project to be completed as soon as possible. It is expressly understood, therefore, that the final schematic and construction documents phase shall be completed within 75 days from the date of this agreement. The Architect shall endeavor to complete the project within this timetable. 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 duplicate, each of which shall be considered an original, on the day and year first above written. ATTEST: THE CITY OF CORPUS CHRISTI BY Bill G. Read, City Secretary R. Marvin Townsend, City Manager -6- APPROVED: This day of 1975. City Attorney This day of 1975. Harold F. Zick, Director of Finance -7- Gale Garth Carroll CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FONDS (City Charter Article IV Section 21) February 26, 1975 I certify to the City Council that $ 13,000 , 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 Fund Project No. 291 -72 -8 Project Name Cole Park Band Shell from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19�a 1 I Director of ance I 46 FIN 2 -55 / Revised 7/31/69 IV P Corpus Christi, Texas 0 �o o day of�Z 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 n 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- City Council. or at th nance finally on the date it is introduced , e present meeting of the Respectfully, MAYOR Pro- em ITY OF CORPUS CH , XAS 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 by the following vote: Jason Ltiby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark