HomeMy WebLinkAbout14310 ORD - 05/10/1978JKH:vp:5 /2/78:lst
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• 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
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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.
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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
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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
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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
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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
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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
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