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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