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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