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HomeMy WebLinkAbout14310 ORD - 05/10/1978JKH:vp:5 /2/78:lst .1• • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOHN OLSEN, ARCHITECT, FOR ARCHITECTURAL SERVICES TO BE PERFORMED IN CONNECTION WITH THE DESIGN OF RESTROOM AND CONCESSION FACILITIES IN COLE PARK, AND ALSO THE DESIGN OF RESTROOM•-FACILITIES AT THE SOUTH END OF CORPUS CHRISTI BEACH AND RESTROOM FACILITIES, BATHHOUSE, PAVILION AND RELATED IMPROVEMENTS AT THE NORTH END OF CORPUS CHRISTI BEACH, ALL AS MORE FULLY DESCRIBED IN THE ATTACHED AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $20,000 OUT OF THE NO. 291 PARK BOND FUND, OF WHICH $4,000 IS APPLICABLE TO PROJECT 291 -77 -1, COLE PARK IMPROVEMENTS, AND $16,000 IS APPLICABLE TO PROJECT NO. 291 -77 -2, CORPUS CHRISTI BEACH IMPROVEMENTS; OF THE TOTAL APPROPRIATION $19,125 IS FOR ARCHITECTURAL FEES AND $875 IS FOR INCIDENTAL AND RELATED EXPENSES; 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 John Olsen, Architect, for architectural services to be performed in connection with the design of restroom and concession facilities in Cole Park, and also the design of restroom facilities at the south end of Corpus Christi Beach and restroom facilities, bathhouse, pavilion and related improvements at the north end of Corpus Christi Beach, all as more fully described in the attached 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 $20,000 out of the No. 291 Park Bond Fund, of which $4,000 is applicable to Project No. 291 -77 -1, Cole Park Improvements, and $16,000 is applicable to Project No. 291 -77 -2, Corpus Christi Beach Improvements; of the total appropriation $19,125 is for architectural fees and $875 is for incidental and related expenses. SECTION 3. The necessity to authorize the execution of the afore- said contract at the earliest possible date in order that plans may proceed without delay for the design of restroom and concession facilities in Cole Park and the design of restroom facilities at the south end of Corpus Christi Beach and restroom facilities, bathhouse, pavilion and related improvements at the north end of Corpus Christi Beach 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 N ROFILMIE® -14310 JVL 0 81980 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 day of May, 1978. ATTEST: / K-Ky Secretary YOR THE CI /Y OF RPU RISTI, TEXAS APPROVED: y DAY OF MAY, 1978: J. BRUCE YCOCK, CITY ATTORNEY BY: Assistant C' ttorney C O N T R A C T ARCHITECTURAL SERVICES THE STATE OF TEXAS COUNTY OF NUECES X The City of Corpus Christi, hereinafter called "City ", and John Olsen, hereinafter called "Architect ", whether one or more, agree as follows: SERVICES TO BE PERFORMED. The Architect hereby agrees, at his own expense.-to perform all Architectural, Structural, Mechanical, Electrical and related design plans and specifications for the following improvements in Cole Park and Corpus Christi Beach as follows: A'. Construction of Restroom and Concession Facilities in Cole Park. The restroom may be designed and located either adjacent to the present amphitheater structure and set out in the park or a separate structure. B. Construction of Restroom Facilities at the south end of Corpus Christi Beach near Bridgeport and North Shoreline Boulevard on property east of Shoreline Boulevard presently owned by the City. C. Construction of Restroom Facilities, Bathhouse, Pavilion and related improvements at the north end of Corpus Christi Beach and with the land the City of Corpus Christi has purchased for park purpose. SCOPE OF 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 governmental units, and interested parties so as to coordinate the planning of the project. 2. Research available information applicable to the project. 3. Review the sites and topographic information furnished by the City. 4. Prepare schematic design studies illustrating the scope of the project and its relationship to the site and adjacent structures, if any, and submit to the City for approval. Exhibits will be. submitted to the City showing the relationship of the project to the site. 5. Submit a statement of construction costs to the City together with recommendation of most desirable plans. 6. 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 prelim- inary specifications, drawings, and documents to fix and describe the size and character of the entire project as to the architectural, structural, mechanical . 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 drawingsand technical specifications setting forth in detail the requirements for the construction of the improvements in Cole Park and Corpus Christi Beach, 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 Develop - meat 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. _ 2 - 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 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 satisfac- tory 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 construction 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 of the construction contract including the preparation 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 on -site inspections normally defined as resident inspection, but will make those inspec- tions 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 con- tractor is entitled to payment. F. As Built Drawings 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 - 3 - suitable bound copy of the specifications and a reproducible set on 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 building as built. 2. The Architect shall use 24" x 36" sheet sizes of 3 mil mylar or tracing for the "as built" drawings which are to be submitted as described above. 3. The Architect shall furnish to the City upon project com- pletion, 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 documentsrequired 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 available. The City has budgeted the following amounts including fees and con- tingencies and the design of the project shall be such that the cost thereof will not exceed the above amount allocated by the City for its construction. 1. Cole Park Restrooms and Concession - $50,000.00 2. Corpus Christi Beach Restroom at the south end - $50,000.00 3. Corpus Christi Beach Restroom, Bathhouse and Pavilion - at the north end . $150,000.00 -4- 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. II. The City agrees to pay the Architect for his services in designing improvements in Cole Park and Corpus Christi Beach and related work a fee of eight and one half (8.57) 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. In the event the scope of the work is increased or decreased.or the approved budget changes, the fee will be changed accordingly to and interpolation within the schedule of Group III of the Services of the Architect. A. Payments to the Architect 1. Upon completion of the Programming and Schematic Phase,• for each project separately, 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 for each phase; 2. Upon completion of the Design Development Phase and acceptance and approval of the same by the City, an additional sum equal to twenty percent (207) of the Basic Fee computed upon an agreed estimated actual cost of construction of each phase; 3. Upon completion of the Construction Documents Phase and acceptance and approval of same by the City, a sum equal to forty percent (407) i of the Basic Fee to be computed upon the agreed estimated actual cost of construc- tion of each phase. 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 io 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 percent (20 %) 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 -5 - made to the Architect until the condition of Article. I, Section F, Paragraph 1 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 contrac- tor, 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 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 Harold tick, Dir or of Finance JOAN OLSEN - 6 - CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 14 1978 I certify to the City Council that $ 4,000 , 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 291 Park Bond Fund Project No. 291 -77 -1 Project Name Cole Park Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of F ce FIN 2 -55 �� 7� Revised 7/31/69 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 14, 1978 I certify to the City Council that $ 16,000 , 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 291 Park Bond Fund Project No. 291 -77 -2 Project Name Corpus Christi Beach Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. - ki'", , 'q2 d � irector of ance FIN 2 -55 Revised 7/31/69 3 Corpus Christi, Texas 1�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, MAYOR THE CITY OF CO CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. AZZJ Edward L. Sample 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 14310