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HomeMy WebLinkAbout14306 ORD - 05/10/1978JKH:vp:5 /2/78:1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BROCK, MABREY & PARTNERS, ARCHITECTS, FOR ARCHITECTURAL SERVICES TO BE PERFORMED IN THE DESIGN OF AND PREPARATION OF PLANS AND SPECIFICATIONS FOR>IMPROVEMENTS TO THE REST - ROOM FACILITIES, CONCESSION STANDS, STAGE AREA, FLOOR AND SEATING AREA OF THE CORPUS CHRISTI COLISEUM AND EXPOSITION HALL, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $15,000 OUT OF THE NO. 261 COLISEUM BOND FUND FOR ARCHITECTURAL FEES APPLICABLE TO PROJECT NO. 261 -77 -1, COLISEUM IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby, authorized to execute a contract with Brock, Mabrey & Partners, Architects, for archi- tectural services to be performed in the design of and preparation of plans and specifications for improvements to the restroom facilities, concession stands, stage area, floor and seating area of the Corpus Christi Coliseum and Exposition Hall, all as more fully described and set forth in the Architectural Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A" SECTION 2. There is hereby appropriated the sum of $15,000 out of the No. 261 Coliseum Bond Fund for architectural fees applicable to Project No. 261 -77 -1, Coliseum Improvements. SECTION 3. The necessity to authorize the execution of the afore- said Architectural Agreement at the earliest possible date in order that plans may proceed without delay for improvements to the restroom facilities, concession stands, stage area, floor and seating area of the Corpus Christi Coliseum and Exposition Hall 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 :14306 0 819,90 ACCORDINGLY SO ORDAINED, this the Id day of M 1978. ATTEST: City-Secretary MAYOR THE ITY OF C RPUS CHRISTI, TEXAS APPROVED: DAY OF MAY, 1978: J. BRUCE AYCOCK CITY ATTORNEY BY: Assistant C torney C O N T R A C T ARCHITECTURAL SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi hereinafter called "City" and Brock, Mabrey, & Partners, hereinafter called Architects, whether one or more, agree as follows: I. Services to,be performed: The architect hereby agrees at his own expense to perform all architectural, structural, mechanical, electrical, and related services necessary to properly develop, design plans and specifi- cations for the following improvements to the Coliseum in the City of Corpus Christi, Texas: "The reconstruction. of all the restroom facilities in the Coliseum area including those Coliseum restrooms which are near. the Exposition Hall. In addition, minor improvements of the concession stand, stage area, floor and seating area are inc u3ed.,, II. SCOPE OF SERVICES The architect agrees to perform, for the above named work, professional services as hereinafter set forth: A. Schematic Design Phase 1. Hold necessary conferences with the City staff so as to coordinate the planning of the - project. 2. Research available information applicable to the project. 3. Prepare schematic design studies illustrating the scope of the project and submit to the City for approval. 4. Submit a statement of construction costs to the City together with recommendation of most desirable plans, 5. 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 ' o 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 Coliseum improvements, the condi- tions 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) five 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 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 Tabula- tion 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 the award of the contract to the City. In the event the lowest acceptable bid exceeds the estimated cost the Architect shall confer with the City and make such revisions as is satis- factory to the City for the readvertising 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 presentative the Work Orde ral administr am self him t n ermine in ge The Architect ties in the wo of their c eral administContract Mo rders, all on ity to stop w inion to insur failing to c to make exha resident inspe the Contract work has progr ace with to payment. and Maintenane shall furnish tion of this fications and gs including plans and�o ect the true shall use 24' drawings which the City and the Contractor. E. Construction Phase 1. Be the City's re during the construction period which begins with the issuance of r and extends until the final acceptance of the project. 2.- Provide the gene ation of construction including periodic visits to the site to f elf generally with the progress and quality of the work add to de eral if the work is proceeding in accordance with the contract. will endeavor to guard the City against defects and deficien rk of contractors, but he does not guarantee the performance on tracts. 3. Provide.the gen ration of the construction con- tract including the preparation o f nth]y Estimates, Contract Time Statements, and Contract Change 0 forms supplied to him by the City_ 4. Have the author ork whenever such stoppage may ry be necessa ;- his reasonable op a the proper execution of the o contract and may condemn work as nform to the contract. 5. Not be require d ustive or continuous on -site inspections normally defined as ction, but will make those inspections necessary to prepare Monthly Estimates and to certify that to thebest of his knowledge essed to the point indicated, the quality of the work is in ac the construction contract, and that the contractor is entitled F. As Built Drawings a Manuals 1. The Architect to the City, upon completion of said project, or upon terming contract as herein provided, a suitable bound copy of the speci a reproducible set on mylar, or tracing of the working drawin any and all corrections, revisions, alterations, or amendments to th e r specifications made during the Construction Phase so as to refl plans and specifications of the building as built. r 2. The Architect x 36" sheet sizes of 3 mil myla or tracing for the "as built" are to be submitted as described above. -3-. 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 constructing the project, and it is understood that all designs and details of designing are subject to the approval of the City, and until the acceptance of results 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 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 avail- able. The City has $275,000.00 in funds available for the project including fees, contingencies, the acquisition and installation of sound system and related work. Of this amount, it is estimated that $150,000.00 will be required for construc- tion per this contract. The design of the project shall be such that the cost thereof will not exceed the above amount allocated for construction. The City . will have the right to require the Architect to make revisions to the construc- tion documents so as to bring the cost within funds available at no additional fee. II. The City agrees to pay the Arch tect for his services in designing and related work a fee of ten percent (1M) of the cost of construction, 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 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. - 4 - 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 computed upon an agreed estimated actual cost of con- struction; 2. Upon completion of the Design Development Phase and acceptance and approval of the same by the City, an additiional 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 accep- tance and approval of same by the City, a sum equal to forty percent (40%) of the Basic Fee 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 407 fee as the percentage at the completion of that phase. 4. Upon receipt of bids and award of a construction contract, a f sum equal to five percent (5%) of the Basic Fee 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 shall be paid in monthly installments the amount of which shall bear the same relationship to the total 207 as the Monthly Con- struction Estimate bears to the total contract price. Final payment will not be made to the Architect until the condition of Article II, Section F, Para- graph 1 is met. 6. In regard to the Architect's Fee, the parties further agree: No decuctions shall be made from the Architect's fee on account of penalty, liquidated damages, or other sum withheld frompayments to the contractor but the City will not pay the architect fee for change orders necessitated as a result of negligence on the part 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 definite timetables are established for the project by the City, the Architect shall -5- 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 duplicate, each of which shall be considered an original, on the day and year first above written. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED:, This day of 1978 'City Attorney This day of , 1978 Haro d Zick, Dire &r of Finance BROCK, MABREY & PARTNERS By By —6— CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUMS (City Charter Article IV Section 21) March 14, 1978 I certify to the City Council that $ 15,000 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 Project No. Project Name 261 Coliseum Bond Fund 261 -77 -1 Coliseum Improvements i - from which it is proposed to be drawn, and such money is not appropriated for any other purpose. a,d irector of F ance FIN 2 -55 Revised 7/31/69 3 l} - Corpus Christi, Texas /0 day 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MA OR THE C TY OF HRISTI, TEXAS The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample :e : The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill" Joe Holt Tony Juarez, Jr. Edward L. Sample W 14c'306