HomeMy WebLinkAbout13379 ORD - 09/08/1976,M i i JKH:vp:9 /7/76:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CALLINS HAGGARD & ASSOCIATES, INC. FOR PROFES- SIONAL SERVICES NECESSARY FOR A STUDY AND DESIGN OF CERTAIN IMPROVEMENTS TO THE BOYS CLUB, AS ENCOMPASSED IN THE 2ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (GRANT NO. B- 76- NC -48- 0502), AND AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $5,500 OUT OF THE NO. 162 FEDERAL -STATE GRANT FUND, ACTIVITY 4733, CODE 502, FOR THE COST OF SAID SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is hereby authorized and directed to execute an agreement with Callins Haggard & Associates, Inc. for professional services necessary for a study and design of certain improvements to the Boys Club, as encompassed in the 2nd year Community Development Block Grant Program (Grant No. B- 76- NC -48- 0502), and as more fully set forth in the agree- ment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The sum of $5,500 is hereby appropriated out of the No. 162 Federal -State Grant Fund, Activity 4733, Code 502, for the cost of the above outlined services. SECTION 3. The necessity for immediately commencing upon and proceeding with the study and design of certain improvements to the Boys Club and the employment of consulting engineers to perform such services 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 but 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 its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the a Uk. ay of September, 1976. ATTEST: City Secretary MAYOR THE CITY OF CORPUS ISTI, TEXAS APPROVED: 'l DAY OF SEPTEMBER;1976: MICROFILM, J. B UCE AYCOCK, CityjAttorney JUN 3 0 1980 By �a7J` �%9 �.e� /)ffaeh2d ,�efter Assistant i y Attorney .. . R` - Sa�ra7�ura AGREEMENT THE STATE OF TEXAS j COUNTY OF NUECES X t THIS AGREEMENT, made and entered into this day of 1976, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, acting herein by and through its City Manager, duly authorized to act, hereinafter called the "City ", and Callins Haggard & Associates, Inc., Consulting Engineers, of Corpus Christi, Texas, hereinafter called the "Engineer ". W I T N E S S E T H_ THAT WHEREAS, the City intends to install certain improvements at the Boys Club of Corpus Christi, 3902 Greenwood Drive in the City of Corpus Christi, Texas, after a condition and /or need investigation is completed, and that the scope of said investigation and /or improvements shall include but not be limited to the following; (A) A study of the causes of the mildew and condensation problems respectively in the ceiling and floor of the auditorium of the Boys Club and a recommendation for corrective action, to include costs for such corrective action. (B) A study to determine the adequacy of the existing cross - ventilation system in the gymnasium, air movement expected and the floor level temperature variations expected to occur as a result of the existing system. (C) If feasible, and based on the results of (B) above, a recommendation is to be made on the advisability and /or need to improve the cross - ventilation in the gymnasium by adding additional, similar industrial wall type fan units; such recommendation to include the temperature variation at floor level to be expected in the gymnasium as a result of the installation of such additional units, to include the cost of any such additional units. (D) An evaluation study of the concept of air conditioning the Boys Club gymnasium, including the adequacy of the existing space for insulation purposes, with and without a suspended ceiling; type and size of cooling unit; monthly operating cost of such cooling system and estimated total installation cost for such system, which cost would include any recommendations for added insulation. (E) A study of the existing lighting system in the gymnasium to include present floor lighting levels, including the concept and cost of adding additional supplemental lighting. Also included in said study is the concept of removing and replacing the exist- ing system with amore efficient system. Each of these study options shall include necessary cost estimates. (F) All of the study areas shall take into consideration the effect of any added, electrical load to the existing electrical system and the need for and cost of upgrading the system. (G) A study of the costs of replacing the existing gas powered cool- ing units in the building with both gas and electrical units, to include expected-monthly utility costs of each type unit. (H) When such study has been completed and accepted by the City, the City may authorize the Engineer to proceed to develop detailed plans and specifications on any portion or combination of items resulting from Engineer's recommendations in Items (A) through (F) above. AND WHEREAS, in connection with the above listed scope of work at the Boys Club, the City employs the said Engineer and said City and Engineer agree as follows: I. Phase I - Preliminary Phase or Study Phase The Engineer agrees to do the following work related to the Boys Club: (1) Review the study scope with appropriate agency or agencies of the City, or the Boys Club if so instructed. (2) Counsel with the City agency or agencies about the general plan and scope of study and /or improvements. (3) Prepare preliminary schematics as necessary for study. (4) Develop preliminary floor plans if /as required. (5) Prepare preliminary cost estimates for the study and submit said estimates to the City as required by scope of study- -2- (6) Furnish equipment, material or operating costs of various elements of study scope. (7) Consult with the City as required to complete study. (8) Furnish study report with recommendations regarding various elements of study. II. Phase II - Detailed Plans and Specification Phase After the City has reviewed and approved the study performed, then the Engineer will be authorized to proceed with Phase II of project. Phase II design elements will consist of a portion or combination of the improvements at the Boys Club arising out of study recommendations and as authorized by the City. (1) Prepare from approved preliminary designs from the study the detailed plans and technical specifications. (2) Develop working drawings to large scale. A 1/8" scale will be acceptable. (3) Make necessary field surveys required for drawing plans and speci- fications. (4) Prepare large scale working drawing for structural, mechanical, electrical, plumbing, heating and ventilating systems, air conditioning, etc. (5) Submit large scale drawing and system to City for approval. (6) Re- evaluate and adjust the estimate of probable construction cost, if required. (7) Confer with City regarding detailed plan. (8) Provide City with five (5) copies of approved plans and twenty (20) copies of technical specifications for the project. (9) Furnish Item 8 above to City, who will use same in preparing com- pleted bid documents along with other work at the Boys Club. (10) City will secure bids and prepare contract documents as required. III. Construction Administration Phase (1) Make periodic visits to the job site to determine whether work is proceeding in accordance with the contract document. -3- (2) Review shop drawings and other equipment submitted by contractor for the project and recommend approval to City. (3) Review laboratory reports, if required. (4) Interpret construction documents if needed to the contractor. (S) Deliver to the City all certificates of inspecting authorities, equipment operating manuals, bonds, guarantees, and related documents. (6) Make final inspection on project with appropriate City officials and make recommendation and /or certifications for acceptance. (7) Deliver to the City "As Built" Construction Drawings upon comple- tion-of project in original reproducible form_ IV. Cost of the Project - Preliminary Estimate The City has budgeted the sum of Forty Thousand Dollars ($40,000_00) for the authorized improvement items resulting from the study, inclusive of engineering expenses. Priority of construction items will be determined in part from study recommendations. The Engineer shall make such revisions in the pre- liminary plans as may be required to reduce the estimated cost to the budgeted amount or to such greater sum as the City shall consider acceptable. The City shall not be obligated to accept the preliminary plans and drawings until this is done. In the event the project is divided into stages at said preliminary conference, said budgeted sum shall be prorated among the stages as determined at said conference. The Engineer is hereby made aware that funds for this work are being provided through the 1976 -77 Community Development Program, Department of Housing and Urban Development, and accordingly applicable federal regulations as required will apply for these services. V. Cost of the Project - Final Bids The Engineer shall endeavor to so design the project that its total cost will not exceed the budgeted amount stated in the foregoing paragraph; or if a greater sum is authorized by the City at the time of its approval of the preliminary plans and drawings, not in excess of that amount, the City may require the Engineer to make such revisions in the plans and technical specifications as may be necessary to reduce the total cost of the construction to the budgeted amount. This shall not be construed to require the Engineer to make any such -4- revisions if his plans and technical specifications would comply with the pro- vision of this paragraph except for increases in the costs of labor or materials during the period elapsing between the completion of preliminary plans and the opening of bids. ` VI. Pee The owner will pay to the Engineer a fee for the preliminary or study phase of $ 2,000.00 The City will further pay to the Engineer a fee of twelve (12) percent of the contract cost for Engineer designed items of the project. To recognize preliminary design work arising out of and included in the study phase, the Engineer agrees to credit the City two percent of the fee for the preliminary or study phase against the twelve (12) percent fee related to the contract cost. "Construction Cost" is defined as the total cost to the owner for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding fees or other cost for engineering and legal service, legal and administrative expenses; but including the direct cost to the owner of all construction contracts, items of construction, including labor, materials and equipment, required for the completed work (including extras) and the total value at site of project of all labor, materials and equipment pur- chased or furnished directly by the owner for the project. In the event the project is increased or decreased in scope, then the fee will be adjusted accord- ingly-on Curve 6 of the Manual of Engineering Practice and such fee will be based on actual construction cost. A. 20% of the basic fee of twelve percent upon completion and acceptance by the City of the preliminary plans, sketches and cost estimates,meeting the requirements of paragraph I. This portion of the fee will be based on the budgeted amount of the contract or on the preliminary estimate of cost, which- ever is the lesser amount. B. 65% of the basic fee of twelve percent upon the completion and acceptance by the City of detailed final plans and specifica- tions meeting the requirements of paragraph II above-of such stages as have been authorized. If bids have not been solicited by 120 days after the completion of detailed plans and specifi- cations to which the City has no reasonable objection, this 65%, of the fee shall be payable at that time. In this event, it will be based on the budgeted amount of the contract or on the detailed construction cost estimate, whichever is the lesser amount. -5- C. 15% of the basic fee of twelve percent shall be paid during the course of construction in monthly payments. Each monthly payment shall bear a relation to the amount paid on the con- struction contract which is the same as 15% of this said fee bears to the total construction cost. F VII. Termination of Contract The City may at any time, with or without cause, terminate this contract. In this event, the Engineer shall be compensated for his service on all stages authorized as follows: A. If termination occurs prior to the final completion and approval of the drawings and specifications, the Engineer shall be paid a reasonable compensation for the services actually rendered by him in accordance with the above described schedule of fees and in proportion to the amount of work done on such stage or phase of stages as have been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 65% of the basic:fee based- on�Engineer's construc- tion estimate submitted with the Design Phase, plus the fee paid for preliminary phase, less the credit as aforedescribed. C. If termination occurs after the letting of the contract, but prior to final completion or acceptance by the City, the fee to the Engineer shall be computed in accordance with the pro- visions of Paragraph VI -C of the contract to the date of termination. _ D. The foregoing shall not be construed to require the City to compensate the Engineer for any services not performed in a proper professional manner suitable for use in the construc- tion of the project contemplated by the parties to this agreement. E. If the Engineer should be unable to complete this contract due to death, illness, or any other cause beyond his reason- able control, he or his estate shall be compensated in the manner set forth above. VIII. Time and Order of Engineer's Services The Engineer shall furnish the documents and personally render or provide the services required by the contract in such sequence and at such times as may be necessary to insure the prompt and continuous design and construction of the pro- ject. The Engineer agrees to furnish the Preliminary Phase for City approval not later than 45 calendar days from the date of authorization to proceed by Director of Engineering and Physical Development, and to furnish the completed drawings and specifications for final approval of the City not later than 60 calendar days after approval of the preliminary plans and written authorization from the Director of Engineering and Physical Development to proceed with final plans. -6- IX. Assignability The Engineer shall not assign, transfer or delegate any of his obliga- tions or duties in this contract to,any other person without the prior written consent of the City, except for the routine duties delegated to personnel of the Engineer's staff. If the Engineer is a partnership, in the event of the termination of the partnership, this contract shall inure to the individual bene- fit of such partner or partners as the City may designate. No part of the Engineer's fee may be assigned in advance of receipt by the Engineer without written consent of the City. X. Ownership of Documents Upon completion of the project (or upon termination of this contract, if previously terminated) the Engineer shall furnish to the City, in a suitable container for filing, "As Built" plans, reproduced on linen or plastic drafting film from the original drawings, together with a correct and legible set of specifications. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1976. ATTEST: Bill Read, City Secretary APPROVED: This day of 1976 J. Bruce Aycock, City Attorney By _ Assistant City Attorney ATTEST: Corporate Secretary . - THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager Director of Finance By CALLINS, HAGGARD & ASSOCIATES, INC. 1 s$ INTER - OFFICE COMMUNICATION Dept To City Manager R. Marvin Townsend From Mayor Jason Luby Date September 17, 1976 Ordinance No. 13379 I am hereby returning without my signature Ordinance No. 13379 which was approved on an emergency reading September 8th, as follows: f. F.ecommenda *_ion that the consulting engineering firm of Callins, Haggard & Associates be retained to prepare a condition and need study at the Boys' Club relative to air conditioning, lighting, ventilation and several other possible problem areas. The study will be used to determine the priority of work for which 2nd Year Community Development Funds have been allocated. Callins & Haggard will prepare detailed mechanical and electrical plans for work authorized as a result of the study. The standard fee of 12% will be reduced to 10% to provide some refund of the cost of this work. i The question of eligibility of Community Developemnt Block Grant funds for projects connected with school programs has been raised, and I question the propriety of executing this Ordinance, so contacted HUD for information. The response indicates the City Manager did not give the Council sufficient information and as a result we approved the Ordinance on an emergency reading without adequate time to verify his presentation. Therefore, I am not affixing my signature to this Ordinance. JL:ebc Attachment CITY OF CORPUS CHRTSTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article TV Section 21) • . r September 8, 1976 I certify to the City Council that $ 5,500.00 , 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 162 Federal /State Grants Fund Project No. Activity 4734, Code 502 Project Name SCC--ond Year Community Development Block Grant Program Boys Club from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 0 , 19 /a Director of Finale / FIN 2 -55 �% 8/7�e, Revised 7/31/69 ' CORPUS CHRISTIy TEXAS DAY OF 9 6 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 COUNCILS 1, 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 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T E FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE TO � - � FROM R. Marvin Townsend, City Manager Date SUBJECT s \ �- 1\10 \,\.LLV arc c�r.y urct� lti�en/co 1��1