HomeMy WebLinkAbout13033 ORD - 02/11/1976• JKH:vp:2 /10 /76:lst 0
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH CHRISTIAN, BRIGHT, PENNINGTON & ASSOCIATES FOR
PROFESSIONAL SERVICES RELATED TO THE DESIGN OF A
FOUNTAIN PLAZA TO BE LOCATED IN THE BAYFRONT SCIENCE
PARK, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED
EXHIBIT "A ", AND MADE A PART HEREOF; APPROPRIATING
AND REAPPROPRIATING $2000 FOR THE SAID PROFESSIONAL
SERVICES OUT OF THE NO. 102 GENERAL FUND, ACTIVITY
4181; 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 an agreement with Christian, Bright, Pennington & Associates for
professional services related to the design of a fountain plaza to be located
in the Bayfront Science Park, all as more fully set forth in the agreement, a
substantial copy of which is attached hereto, marked Exhibit "A ", and made a
part hereof.
SECTION 2. That there is hereby appropriated and reappropriated
out of the No. 102 General Fund, Activity 4181, the sum of $2000 for the
aforesaid professional services.
SECTION 3• The necessity to authorize the agreement and to provide
the necessary sums in order that the professional services aforesaid may be
commenced at the earliest practicable date 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 // y
of February, 1976.
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI,
APPRO
DAY OF FEBRUARY, 1976:
Cfty �p1�g'�
�
� A39
13033
C O N T R A C T
FOR ARCHITECTURAL SERVICES
THE STATE OF TEXAS Q
COUNTY OF NUECES D
This agreement is entered into between the City of Corpus Christi,
hereinafter called "City ", and Christian, Bright, Pennington and Associates,
hereinafter called "Architect ".
WHEREAS, the City of Corpus Christi has undertaken the development
of a number of public improvement projects within its Bayfront Science Park
Area; and
WHEREAS, in connection with the development of the Bayfront Science
Park Area an ornamental fountain and related improvement is contemplated
between the Corpus Christi Museum and the Community Auditorium project; and
WH MEAS, the City of Corpus Christi in the development of the
fountain desires to recognize the many contributions to its history and the
history of the area by the Spanish people; and
WHEREAS, to recognize this contribution the City has by resolution
asked the government of Spain to participate towards the cost of the project;
and
WHEREAS, the City desires to develop a plan for the project in order
to determine the size, relationship to other improvements and total cost
involved;
NOW, THEREFORE, the City and Architect 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, electrical, and landscape services necessary
to properly develop design plans and specifications for the construction of
a fountain in the Bayfront Science Park Area of the City of Corpus Christi,
Texas. The basic scope of work is as follows:
Preparation of preliminary conceptual plans, preliminary schematic
drawings, cost estimates, plans and specifications for the construction of
a fountain in the general area bounded by Auditorium, Community Theater,
Corpus Christi Museum and Art Museum of South Texas in the Bayfront Science
Park Area.
SCOPE OF SERVICES. It is understood by both parties that the pro-
ject is to be constructed and financed jointly by the City of Corpus Christi
and the government of Spain and until the City and the government of Spain
have worked out the joint agreement with the Architects, work will be limited
to the conceptual and schematic design phase. Architect's services for Items
A thru E 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. Conceptual and Schematic Design Phase.
1. Review the existing site and general plan for the area furnished
by the City.
2. Hold necessary conferences with the City staff, interested parties
and other governmental units so as to coordinate the planning of the project.
3. Prepare conceptual plan for the fountain and related improvements.
4. Prepare schematic design studies illustrating the project and its
relationship to the proposed development of the Bayfront Science Park and
submit these studies to the City for approval. A colored exhibit will be
submitted to the City showing the relationship of proposed fountain to the
project.
5. Submit a statement of construction costs to the City together
with recommendation regarding construction timetables.
6. Submit three sets of Schematic Design Studies and preliminary
design concept to the Director of Engineering & Physical Development for
review by the City.
7. The Architect shall not proceed beyond this scope unless he has
received written instruction by the City, and after approval of the project
by the government of Spain and the City of Corpus Christi.
B. Design Development Phase
Upon approval of a preliminary plan by the City and the government
of Spain, the Architect shall proceed with the design development phase of
project upon written authority by the City.
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
-2-
and electrical, landscaping portions, 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. Develop one set of structural drawings of the project in the
Metric System of measurements to be submitted to the government of Spain by
the City in order to be used by Spain in the development of the mosaic tile
and patterns to be used on the structure.
4. Submit three sets of the design development documents to the
Director of Engineering & Physical Development for review and approval by
the City.
C. Construction Documents Phase
1. Prepare from the approved design development documents the com-
plete 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 five (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
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 Tabulation
sheet one day prior to the receipt of bids.
—3—
• .... •
4. Review and check all bid proposals and prepare a tabulation of
the bids and provide a bid analysis and recommendation for contract award
after receipt of bids.
5. After the award of the contract by the City, the Architect shall
prepare seven (7) copies of the contract documents ready for execution by
the City and the Contractor.
E. Supervision of Construction
1. The Architect shall be the City's representative during the con-
struction 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 and supervision of construction
including the preparation of Contract Monthly Estimates, Contract Time State-
ments, 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.
F. As Built Drawing and Maintenance Manuals
1. The Architect shall furnish to the City, 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 drawings including any and all corrections, revisions,
alterations, or amendments to the plans end /or specifications made during the
construction phase so as to reflect the true plans and specifications of the
building as built.
2. The Architect shall use 24" x 36" sheet sizes of 3 mil milar for
the "as built" drawings which are to be submitted as described above.
-4-
3. The Architect shell furnish to the City upon project completion,
operating manuals or instructions, parts list, or maintenance manuals for
All mechanical, electrical, or 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 con-
tract 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 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 Estimated
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;
it is understood, however, that the Architect shall strive to design the
project in such fashion as to not exceed the budget estimated and approved
by the City after the preliminary phase has been completed. Such budget shall
not include the cost or installation of the mosaic tile which is to be fur-
nished and installed by the Spanish government. The City will have the right
to require the Architect to make revisions to the construction documents so
as to bring the cost within Hinds budgeted at no additional fee.
II. The City agrees to pay the Architect for services rendered, the following
fee:
A. During the conceptual and schematic design phase, the fee shall be
based on the hourly rates as follows:
Principals - $15.00 /hour
Drafting - 8.00 /hour
Reproductions - Direct Cost
-5-
B. Should the project be approved and authority to proceed beyond the
conceptual and schematic design phase is granted, the fee shall be based on
10% of cost of construction. Said basic fee to be calculated upon the esti-
mated actual cost of construction, until such time as the actual cost of
construction has been determined by the letting of a contract. The cost of
construction shall not include the furnishing and installation of mosaic tile
and /or other ornamental landscaping items which may be furnished by the
Spanish government. It is understood, however, that authority to proceed
beyond the conceptual and schematic design phase shall not be granted unless
the City Council has approved the project funds to cover the architectural
fees for design development and construction phases of the project.
C. Payments to the Architect
1. Upon completion of the schematic design phase the actual direct
cost using the rates indicated in II A above.
2. Upon completion of the design development phase and acceptance
and approval of the same by the City, a sum equal to thirty -five percent
(35 %) of the basic fee computed upon an agreed estimated actual cost of
construction, less amount previously paid by City under II A above.
3. Upon completion of the construction documents phase and accept-
ance 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.
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. Daring the construction phase, a sum equal to twenty percent
(20%) of the basic fee shell be paid in monthly installments the amounts
of which shall bear the same relationship to the total 20% as the monthly
construction estimate bears to the total pontract price.
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
contractor and the City will not pay the Architect a fee for change orders
to the contract resulting from negligence of the Architect.
-6-
. • . . • -. . •
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, on the day and year first above written.
THE CITY OF CORPUS CHRISTI
ATTEST:
By.
City Manager
City Secretary
APPROVED:
This day of , 1976
City Attorney
This day of , 1976
Harold F. Zick, Director of Finance
CHRISTIAN, BRIGHT, PENNINGTON & ASSOCIATES
By
Ben E. Christian, Partner
James M. Bright, Partner
Sam A. Pennington, Partner
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $
2,000
February 11, 1976
, 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 102 General Fund
Project No. Activity 4181, Code 301
Project Name Professional Services - Design of Ornamental
Fountain Plaza
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
YOIY
,
FIN 2 -55
Revised 7/31/69
• .. •
CORPUS CHRISTI, TEXAS
_DAY OF WV`s 1 91(
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; 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 THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
Boo GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE - ORDINANCE WAS PASSED
I
BY THE OLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE