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HomeMy WebLinkAbout11404 ORD - 03/28/1973JRR/Mc 3/26/73 1sT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SERVICESRINACONNECTIOAR WITH ETHE �DESIGNROFITHREERSATELLITE HEALTH CLINICS, PROJECT NO. 207- 72 -3.2, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE NO. 207 PUBLIC BUILDING BOND FUND $22,500 FOR THE AFORESAID SERVICES; 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 ROMEO GARCIA, A.I.A. ARCHITECTS, FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF THREE SATELLITE HEALTH CLINICS, PROJECT NO. 207- 72 -3.2, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION 2. THERE IS HEREB" APPROPRIATED THE SUM OF y22,500 OUT OF THE N0. 207 PUBLIC BUILDING BONG FUND FOR THE AFORESAID SERVICES. SECTION 3. THE NECESSIT'f TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT FOR ARCHITECTURAL SER'✓I,:ES::AND TO APPROPRIATE THE NECESSARY FUNDS AT THE EARLIEST POSSIBLE TIME CREATES A PUBLIC EMERGENCY AND 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 �j��{�{ DAY OF 1973• ATTEST- CITY SECRE ARY MAYOR APPROVED: THE CITY OF CORPUS H STI, TEXAS ry DAY OF MARCH, 1973: CITY ATTORtJ E,Y ✓ 114®4 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into as of the day of -- ---__, 1973, by and between the City of Corpus Christi inafter called , Texas, here- "City" and Romeo Garcia, A.I.A. Architects, hereinafter called "Architect ". W I T N E S S E T H THAT WHEREAS, the City intends to construct three Satellite Clinics With in the City of Corpus Christi, Texas, WHEREAS, such facilities shall include space for Administration, Nursing, Examination Room, Consultation Rooms, Waiting Room and related facili- ties, «IEREAS, such clinics shall be designed to provide Family Planning Services, Immunization, Tuberculosis Testing, Well Child Clinics and other re- lated services, WHEREAS, the City has available for the three clinics including fees, contingencies, site acquisition, site work and construction the sum of $300,000.00, WHEREAS, the City states that the definite location of the sites has not yet been determined but agrees to make such determination prior to the Architect's schematic drawing, but not necessarily before programming, and WHEREAS, the City reserves the right to delete from the contract one Clinic thus reducing the total funds available by $100,000.00• NOW THEREFORE, the City and the Architect agree as follows: The Architect hereby agrees to perform all architectural and related services, including architectural, structural, mechanical, and electrical to properly develop, design plans and specifications for the construction of the three Clinics for the City of Corpus Christi on sites to be selected b z City Of Corpus Christi. by the SCOpE Or ' SERVICES, Architect's services for Items 1 -A thru I -E w ill be those services which are in accordance with the "Services of the Architect" -1- as published in 1968 by the Texas Society of Architects as well as other services listed below, 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 r ental. units, and interested parties so as to coordinate the planning of the he governmental proo ject. 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 or sites and adjacent structures, if any, and submit to the City for approval. Exhibits will be sub - witted 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 Services for review by City. 7• Assist the City in making application to federal or state agency for assistance on the project if such assistance is available and de- sired by the City. B. Design Development Phase �• 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 es- timate of probable cost based on current area volume or unit prices. I 3• Submit three sets of the Design Development Documents to the Director of Engineering Services for review by the City. C• Construction Documents Blase 1• Prepare from the approved Design Developr.;ent Documents -2- • the complete working drawing and technical specifications setting forth in detail the requirements for the construction of the Clinics, 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 Services three com- plete sets of the Construction Documents for review by the City. 4- Have plans reviewed by the appropriate City agencies and secure approval of all permits relating to the project. 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 prospec- tive 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 re- quest 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 tabula- tion of the bids. 5• Bubmit a written recommendation on the award of the con- tract 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 satisfac- tort' 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 the City and the Contractor. E• Construction Phase 1• Be the City's representative during the constructior. -3- 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 pr o- 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 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 const tract including the pre ruction con - paration 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 inspections normally defined as resident inspection, but will on -site make those in- spections 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. 6- Shall review and approve shop drawing samples and other submission of the contract for conformance with the design concept and for compliance with the information given in the contract documents. F• As Built Drawings and Maintenance Manuals of 1• The Architect shall furnish to the City, upon completion 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 specifications Of the buildings as built. 2• The Architect shall use 24" x 36" sheet sizes igylar for the "as built" drawi of 3 mil ngs which are to be submitted as described above. • • pletio n, operat 3• The Architect shall furnish to the City upon project com- ing manuals or instructions, parts list, or maintenance manuals for 411 mechanical, electrical or any oth 4• er equipment installed on the project. The City will not make final payment to the Architect un- til 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 fllrnish 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 construct- ing the project, and it is understood that all esigns and details of design- approval - ir_g are subject to the appro�l 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. I1. Cost Estimates The Architect is to provide cost estimates through each of the design of the project, but does not guarantee the accuracy phase of such es- timates; however, it is understood that the project must be constructed within funds available. The City has budgeted $300,000.00 for the Project including fees and contingencies. The design of the ro•ect shall be such that the cost Of sites P � acquisition, site work thereof will not exceed the above amount al- located by the City. The City will 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. III. The City agrees to pay the Architect for his services in design- ing the Clinics and related work a fee of nine percent (9%) struction , said b of the cost of Con- asic rate to be based upon the estimated actual cost of con- struction 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 con- struction. In the event the scope of the work is increased or decreased or the -5- approved budget changes, the fee will be changed accordingly to and interpola- tion within the schedule of Group II of the Services of the Architect. 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 construction; 29 Upon completion of the Design Development Phase and ac- ceptance 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 (40 %) of the Basic Fee to be computed upon the agreed estimated actual cost of con- struction. The City may authorize monthly payments for this phase upon evi- dence of suitable progress by the architect. The monthly payments, if author- ized, shall bear the same relationship to the total 40% fee as the percentage at completion of that phase. 4. Upon receipt Of bids and award of a construction contract, a 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 per- cent (20j) of the Basic Fee shall be paid in monthly installments the amounts Of which shall bear the same relationship to the total 20% 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 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 necessi- tated as a result of negligence on the past of the architect. IV' The City has not yet set definite timetables on the completion -6- of the Clinics. It is expressly under.';tood -by both parties that when et up timetables are p and the project has received the go ahead that the architect shall endeavor to complete the project in a timely manner. IV. The City reserves the right to terminate this contract at any time with or without cause. In the event of such termination the Arc'—, ecu will be paid a sum proportionate tothe state of completion of the phase of work in which he is then engaged. IN TESTIMOBIY j'EREOF, Witness our hands in duplicate, each of which shall be considered an original, on the day and year first above written. ATTEST: T. Ray Kring, City Secretary APPROVED: This 2� da�r of 1973 IIal'George, Executive Asst, City Attorney This day of 1973 Harold F. Zick, Director of Finance THE CITY OF CORPUS CHRISTI BY R. Marvin Townsend, City Manager ROMEO GARCIA, A.I.A. ARCHITECTS CITY OF CORPUS CHRISTI, TEXAS • CERTIFICATION OF FONDS (City Charter Article IV Section 21) March 1 1 I certify to the City Council that $ 22.500 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 Three Satellite Clinics from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Architectural Services - Romeo Garcia Director o nance FIN 2 -55 C L Revised 7/31/69 CORPUS CHRISTI, TEXAS DAY OF 1973 TO THE MEMBERS OF THE CITY COUNCIL --L 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 DE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 13 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. a Y, 0 '0 . MAYOR THE CITY 0 CORP RISTI,_ TEXAS TBE CHARTER RULE WAS SUSPENDED DY THE FOLLOWING VOTE. • BONNIE SIZEMORE - - CHARLES A. BONNI«ELL • - - ROBERTO BOSQUEZ, M.D. -•-- -� Q, _-}�.- REV. HAROLD T. BRANCH • THOMAS V. GONZALES . GABE LOZANO, SR. . J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING • BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK