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HomeMy WebLinkAbout15959 ORD - 12/31/1980vp:12/30/80:1 st.. TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ARCHITECTURAL SERVICES WITH SMITH AND RUSSO, ASSOCIATED ARCHITECTS AND ENGINEERS, IN CONNECTION WITH IMPROVEMENTS TO THE BEN GARZA AND T. C. AYERS PARKS IN ACCORDANCE WITH A PREVIOUSLY APPROVED $295,000 GRANT FROM THE HERITAGE CONSERVATION AND RECREATION SERVICE, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $28,175 OUT OF THE NO. 291 PARK BOND FUND, APPLICABLE TO PROJECT NO. 291- 77-4.11, BEN GARZA AND T. C. AYERS PARKS; 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 a contract for architectural services with Smith and Russo, Associated Architects and Engineers, in connection with improvements—to the Ben Garza and T. C. Ayers Parks in accordance with a previously approved $295,000 grant from the Heritage Conservation and Recreation Service, a sub- stantial copy of said agreement being attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $28,175 out of the No. 291 Park Bond Fund, applicable to Project No. 291-77-4.11, Ben Garza and T. C. Ayers Parks. SECTION 3. The necessity to provide the necessary funds and to authorize the hereinabove described contract in order that the work outlined above may proceed without delay creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance 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 that such emergency and necessity 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 .Js day of December, 1980. ATTEST: City Secreta��r,yyyy `APPROVED: 3002+BAY OF DECEMBER, 1980: J. BRU E AYCOCK, CITY ATTORNEY By Ass ant City AttofJe A, 40f ITY OF CORPUS CHRISTI, TEXAS MICROFILMED 15959 1SiP 2 71984 C O N T R A C T ARCHITECTURAL SERVICES THE STATE OF TEXAS X COUNTY OF NUECES X The City of Corpus Christi, hereinafter called "City", and Smith and Russo, Associated Architect and Engineers, hereinafter call "Architects", whether one or more, agree as follows: I. Services to be performed: The Architect hereby agrees at his own expense to perform all. architectural, structural, mechanical, electrical, • site work and related services necessary to properly develop, design plans and specifications for the following improvements to Ben Garza Park and T. C. Ayers Park in the City of Corpus Christi, Texas: Ben Garza Park Add a combination game room and classroom to the gymnasium, relocate doors, provide handicapped access, extend heating system to locker room, pave and light parking lot, restore play slabs, mark courts, provide court lighting, clear, grade and install irrigation system for combination football/ soccer field at former Southgate School site, renovate and light softball field and related work. T. C. AYERS PARK Expand recreation center, renovate west wing restrooms, install air-conditioning for addition and west wing, replace windows, kitchen modifications, restore outdoor play courts, replace court equipment, provide court lighting, softball field lighting, rework, resurface parking lot and related work. II. SCOPE OF SERVICES This project is a grant assisted project of the Heritage Conservation and Recreation Service of the United States Department of the Interior. The Architect agrees to perform, for the above named work, profess- ional services as hereinafter set forth: -1- A. Schematic Design Phase 1. The Architect shall familiarize himself with grant requirements, and assist in the provision of forms and other information required by the Heritage Conservation and Recreation Service. l 2. Hold necessary conferences with the City staff so as to coordinate the planning of the project. 3. Research available information applicable to the project. 4. Prepare schematic design studies illustrating the scope of the project and submit to the City for approval. 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 preliminary 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 as 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 drawing and technical specifications setting forth in detail the requirements for the construction of the Ben Garza Park and T. C..Ayers Park improvements, 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. 4. Make submittal to appropriate state agency(s) to obtain certification that all improvements meet handicapped requirements. - -2- D. Bidding and Contract Phase 1. Upon approval of the Construction Documents by the City, prepare the Notice to Bidders as required. 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 Tabula- tion 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 satis- factory 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 award .of the contract 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- 3. Provide the general administration of the construction con- tract including the preparation of Contract Monthly Estimates, Contract Time Statements, and Contract Change Orders, all on forms supplied 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 inspections 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. 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 suitable bound copy of the specifications and a reproducible set on mylar, or tracing of the working drawings including any and all corrections, revs_ions, 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 completion, 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 document required in each phase of the design and personally render or provide the service required in this contract- -4- in the sequence and times herein indicated and 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. That Architect agrees to furnish items pertaining to Schematic Design Phase to City within forty-five (45) calendar days of date of contract. •Items required of Design Development Phase will be submitted within forty-five (45) days of approval of Schematic Design Phase, and items required of Construction Documents Phase will be submitted within sixty (60)_calendar days of approval of Design Development Phase. - 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 avail- able. The City has $295,000.00 in funds available for the project including Architect's fees, and contingencies. Of this amount, it is estimated that $245,000.00 will be required for construction per this contract. The design of the project shall be such that the cost thereof will not exceed the above amount allocated for construction. 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 and related work a fee of eleven and one-half percent (11.5%) 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 con- struction as determined•by.the contract price shall be used as the cost of construction. - 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; 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 (20%) of the Basic Fee computed upon an agreed estimated actual cost of construction; 3. Upon completion of the ConstrLction Documents Phase and accep- tance 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 construction. 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 to the total 40% fee as the percentage at the 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 amount 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 II, 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 contractor but the City will not pay the Architect fee for change orders necessitated as a result of negligence or omissions on the part of the Architect. If project alternates are designed and bid but not constructed due to non-availability of funds, the City will pay a fee of 11.5% of either estimated or actual alternate cost, whichever is less. III. The City's timetable for the project is that all improvement work per this contract be completed by December 31, 1981. 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 -6- r+. 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 below written. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: This day of ,"1980 J. BRUCE AYCOCK, CITY ATTORNEY By ' Assistant Attorney SMITH AND RUSSO ASSOCIATED ARCHITECT AND ENGINEERS By CITY OF CORPUS CHRISTI, TEXAS tauIFICATION OF FUNDS (City Charter Article IV Section 21) December 30, 1980 . I certify to the City Council that $ 28,175.00 , 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 No. 291 Park Bond Fund Project No. 291-77-4.11 Project Name Ben Garza and T. C. Ayers Parks from which it is proposed to be drawn, and such money is not appropriated for any other purpose. /2 -. / , 1969 (),3`1? d FIN 2-55 1 Revised 7/31/69 Corpus Christi, Texa :3/444 day of� '� , 19I 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, MA st THE C'lOF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best — David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15959