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HomeMy WebLinkAbout15985 ORD - 01/21/1981lsp;1/21/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ARCHITEC- TURAL CONTRACT WITH JOHN OLSON FOR DESIGN OF A FOUR - FIELD LIGHTED SOFTBALL COMPLEX IN BILL WITT PARK, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $29,600 OUT OF THE NO. 291 PARK BOND FUND WHICH WILL BE PARTIALLY FUNDED BY THE TEXAS LOCAL PARKS, RECREA- TION & OPEN SPACE FUND (PROJECT NO. 20-00003), APPLI- CABLE TO PROJECT NO. 291-77-9, SOFTBALL COMPLEX; 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 authorized to execute an architectural contract with John Olson for design of a four -field lighted softball complex in Bill Witt Park, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $29,600' out of the No. 291 Park Bond Fund, which sum will be partially funded by the Texas Local Parks, Recreation & Open Space Fund (Project No. 20-00003), appli- cable to Project No. 291-77-9, Softball Complex. SECTION 3. The necessity to authorize execution of the aforesaid contract and appropriation of the sums described in order that the softball complex may be constructed at the earliest practicable date to provide addi- tional much-needed recreational facilities 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 intro- duction 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, 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 January, 1981. ATTEST: APPROVED: DAY OF A QU�1RY, 1981 J. BRUCE AYCO CI�TY,TTORNEY By ems_ Assists t City Attorney 15985 THE ' ITY OF CORPUS CHRISTI, TEXAS _ agaighp W 27TOfi CONTRACT ARCHITECTURAL SERVICES THE STATE OF TEXAS X COUNTY OF NUECES X .The City of Corpus Christi, hereinafter called "City", and John M. Olson,•Architect,.hereinafter called "Architect", agree as follows: I. Services to be performed: •The Architect hereby agrees at his own expense to perform all architectural, structural, mechanical, electrical, site design work and related services necessary to properly develop design plans and specifications for and to supervise construction of the following improvements to Bill Witt Park in the City of Corpus Christi, Texas: A four field softball complex consisting of a concession stand/restroom building, fencing, dugouts, bleachers, lighting for fields, irrigation, parking, utilities, site work and related work. The City and Architect agree that the previously designed softball complex by Architect, as built in Greenwood Park, meets the City basic design requirements and a portion of such design as herein stated, will be used in the Bill Witt Park complex with the appropriate credit to the City for having compensated Architect for prior design as herein indicated. II. SCOPE OF SERVICES This project is a grant assisted project of the Texas Local Parks; • Recreation and Open Space Fund. The Architect agrees to perform, for the above named work, profess- ional services as hereinafter set forth: A. Schematic Design Phase 1. The Architect shall familiarize himself with grant -1- Lxii•.'9" /" • ,requirements, and assist in the provision of forms and other information 'required by the Grant Agency. 2. Hold necessary conferences with the City staff so as to coordinate the planning of the project. The Architect is advised that the City has selected the site within Bill Witt Park to place the softball complex. 3. Research available information applicable to the project. 4. Submit three sets of recommended site plan, building and fence layout, -utility and electrical and irrigation plan to the Director of Engineering & Physical Development for review by the City. 5. It is intended that the submittal under this phase be limited in scope because of the prior design concept and drawings to be used. B. Design Development Phase - 1. Prepare from the approved Schematic Design submittal any required specifications, drawings, and documents to fix and describe the size and character of items of the 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 per Item II B.1 as required 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 drawings and technical specifications setting forth in detail the requirements for the construction of the Bill Witt 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 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 i 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, 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 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. C. 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 L. 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 forty-five (45) calendar days of approval of Design Development Phase. I. Cost Estimates The Architect is to provide costestimates 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 $510,000.00 in funds available for the project including Architect's fees. Of this amount, it is estimated that $480,000.00 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 Citywill 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 seven percent (7%) of the cost of construction of all work except the restroom/concession building and all fencing work. City and Architect agree to use the formerly designed restroom/concession building plans and fencing plans as previously designed by the Architect and used by the City at the Greenwood Park Softball Complex. These two items (building and fence) will be bid as at least two sparate bid items. The City will pay a fee of four and one-half percent (411%) of the actual cost of construction of these two items (building and fence) to the Architect for the re -use of the design and to recognize the credit to the City for previous payment for the design. For purposes of this contract, the estimated cost of both the concession stand/rest• - room building and fence work estimated to be $160,000.00; which figure shall be -5- used in computing interim fee payments to the Architect until the actual fee - is known. The basic rate (7%) as indicated herein and the 41/2%, to be used for fee payments, shall be based on the estimated 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. 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 ten percent (10%) of the Basic Fee plus the building and fence cost 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 (202) of the Basic Fee plus building and fence cost computed upon an agreed estimated actual cost of construction. 3. Upon completion of the Construction Documents Phase and accep- tance and approval of same by the City, a sum equal to forty percent (40%)of the Basic Fee plus the building and fence cost 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 plus the building and fence cost 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 five percent (25%) of the Basic Fee plus building and fence cost shall be paid in monthly installments the amount of which shall bear the same relationship to the total 25% as the Monthly Construction 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 froth the Architect's fee on account of penalty, -6- 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 7.5% 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 January 31, 1982. 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 below written. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: APPROVED: (G r,444- d ft (Dept.,Head) This day of , 1981. /• ��(o J. BRUCE AYCOCK, CITY ATTORNEY /G� By Assistant Attorney ARCHITECT By John M. Olson, Architect -7- CITY OF CORPUS CHRISTI, TENAS C1IFICATION OF FUNDS (City Charter Article IV Section 21) January 16, 1981 I certify to the City Council that $ 29,600 , 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. 291-77-9 Project Name Softball Complex fluor which it is proposed to be drawn, and such money is ant appropriated for any other purpose. i FIN 2-55 Revised 7/31/69 Corpus Christi Texas. „?L day of 19 p/ 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, THE " Y OF CORPUS CHRISTI, The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky following vote: 15985