HomeMy WebLinkAbout13231 ORD - 06/16/1976JKH:vmr:,6- 16- 76;lst
TEXAS:
AN ORDINANCE 13231
AMENDING ORDINANCE NO. 11398, WHICH AUTHORIZED
EXECUTION OF A CONTRACT WITH ORBY ROOTS AND
CHARLIE BELLAH FOR ARCHITECTURAL SERVICES IN
CONNECTION WITH THE DESIGN OF A MUNICIPAL SWIM-
MING POOL FOR THE WOODLAWN RECREATION CENTER,
BY DELETING ORBY ROOTS FROM THE CONTRACT AND
MODIFYING THE SCOPE OF THE WORK AND METHOD OF
PAYMENT FOR THE SERVICE, AS MORE FULLY SET FORTH
IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE
A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That Ordinance No. 11398, passed and approved by the
City Council on March 28, 1973, which authorized execution of a contract with
Orby Roots and Charlie Bellah for architectural services in connection with the
design of a municipal swimming pool for the Woodlawn Recreation Center, be
amended by deleting references to Orby Roots from the contract and modifying
the scope of the work and method of payment for the services, all as more fully
set forth in the amended contract, a substantial copy of which is attached hereto
and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to amend the ordinance and the contract
as more fully set forth herein creates a public emergency and an imperative public
necessity requiring the suspension of the Charter rule that no ordinance or resolu-
tion shall be passed finally on the date of its introduction but that such ordi-
nance 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 take effect
and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the day of June, 1976.
ATTEST:
Cify Secretary � MAYOR
THE CITY OF CORPUS CHRISTI, EXAS!�
A? VED:
DAY OF JUNE, 1976
B CE AY , CITY AT RNEY I RED
By .
Jul" 1'y 1980
13231
C O N T R A C T
FOR ARCHITECTURAL SERVICES
THE STATE OF TEXAS
COUNTY OF NUECES
The City of Corpus Christi, hereinafter called "City ", and Charlie
Bellah, hereinafter called "Architect ", whether one or more, agree as follows:
SERVICES TO BE PERFORMED. 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 develop
design plans and specifications for the construction_ of a swimming pool in
Woodlawn Park adjacent to Oak Park School in the City of Corpus Christi, Texas.
The basic scope of work is as follows:
"Preparation of plans and specifications for the construction of
a swimming pool in the Woodlawn Recreation_ Center site adjacent
to Oak Park School. The plans should also include related
improvements to the Recreation Building.
SCOPE OF SERVICES. Architect's services for Items A thru E will
be those services which are in accordance with the 1 =erican 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 architect agrees to perform, for the above named work, professional
services as hereinafter set forth:
A. Schematic Design Phase
1. Review the existing park site and topographic information
furnished by the City.
2. Hold necessary conferences with the City staff, other govern-
mental units, and interested parties so as to coordinate the planning of the
project.
3. Research available information applicable to the project.
-1-
SECTION 2. That the zoning of Block 4, Lot 8, Whelan Addition
Annex, situated in the City of Corpus Christi, Nueces County, Texas, be
and the same is hereby changed from "I -2" Light Industrial District to
"A -1" Apartment House District.
SECTION 3. That the official zoning map of the City of Corpus
Christi, Texas, be, and the same is hereby, amended as herein ordained.
SECTION 4. That the Zoning Ordinance and Map of the City of
Corpus Christi, Texas, approved on the 27th day of August, 1937, as
amended from time to time, except as herein changed, shall remain in full
force and effect.
SECTION 5. That all ordinances or parts of ordinances in conflict
herewith are hereby expressly repealed.
SECTION 6. That the necessity of immediately making aforesaid
change for the purpose of maintaining at all times a comprehensive zoning
ordinance for the City of Corpus Christi creates a public•energency 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 that
such emergency and necessity exist, and having requested the suspension
O4: Prepare schematic design studies illustrating the scope of the O
project and its relationship to the site and adjacent structures and submit these
studies to the City for approval. A colored exhibit will be submitted to the City
showing the relationship of the project.
5. Submit a statement of construction costs to the City together
with recommendation regarding stages of development.
6. Submit three sets of Schematic Design Studies to the Director
of Engineering & Physical Development for review by the City.
B. Design Development Phase
1. Prepare from the approved Schematic Design Studies preliminary
specifications, 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 & 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 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 & Physical Development
three complete 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.
2. Provide (5) 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
-2-
0 0
bidders who may secure a copy thereof by complying ::i h the terms set out in
said special instructions for obtaining same. Additional- sets of plans or speci-
fications 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.
4. Review and check all bid proposals and prepare a tabulation
of the bids.
5. Submit a written recommendation on zhe award of the contract 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 satisfactory to the City
for the re- advertising 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 ds irro 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 Statements,
and Contract Change Orders, all on forms supplied to him by the City.
4- Have the authority to stop work s:henever 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 inspec-
tions normally defined as resident inspection, but will make those inspections
necessary to prepare the Contract Monthly Estimates and to certify that to the
-3-
0 0
best of knowledge work has progressed to the point ind= cated, 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 ':a.^_uals
1. The Architect shall furnish to theCity,• 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 draz-Tings 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 a. =d specifications 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 chemical equipment installed on the project.
4. The City will not make final payment to the Architect until
the conditions of this 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 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 constructing the
project, and it is understood that all designs ar_d details of designing are
subject to the approval of the City, and until the acceptance of results of
those services, there shall be no liability on the part of the City for such
services.
_4_
I. Cost Estimates O
The Architect is to provide cost estimates through each phase of
the design of the project, but does not guarantee the accuracy of such est °_mates;
however, it is understood that the project must be constructed ::ithin funds
available. The design of the project shall be such that the cost thereof will
not exceed the amount allocated by the City for its construction_. The City
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.
The City has budgeted for this project $140,000.00 for construction.
II. The City agrees to pay the Architect for his services in designing
the swimming pool and related work a fee of six percent (6) of the cost of
construction, said basic rate to be calculated 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 actual cost of con-
struction as determined by the contract price shall be used as the cost of construction.
The total fee, however, shall not exceed the lump sum amount of $9,000.00
A. Payments 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 acceptance
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
acceptance and approval of same by the City, a sum equal to forty percent (L0-5)
of the Basic Fee to be computed upon the agreed estimated actual cost of construction.
4. Upon receipt of bids and award of a construction_ contract, a
sum equal to five percent (5d) of the Basic Fee which shall be adjusted based upon
the amount of the construction contract after an as:ard 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 mounts of which
shall bear the same relationship to the total 20 as the Monthly Construction
Estimate bears to the total contract price. Final payrment will not be made to
the Architect until the condition of Article I, Section F, Paragraph 4 is met.
-5-
0
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.
III. 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 stage 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, this the day of , 1976.
ATTEST:
CITY OF CORPUS CHRISTI
City Secretary
APPROVED: R. Marvin Townsend, City Manager
DAY OF JUDE, 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant City Attorney
Director of Finance
Charlie L. Bellah
6
0
CORPUS CHRISTI, TEXAS �%,
K�
Al OF (�Q� � 1 g 1i
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 T E FOLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED
BY TH FOLLOWING VOTE:
JASON LUBY
J[/
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE