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HomeMy WebLinkAbout16362 ORD - 07/01/1981jill,sp;7/1%81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GEORGE E. CLOWER, JR. FOR ARCHITECTURAL SERVICES TO BE PROVIDED IN CONNECTION WITH REBUILDING THE MARINA OFFICE BUILDING, THE FUELING FACILITY AND THE BAIT HOUSE IN THE CORPUS CHRISTI MARINA AND THE KIWANIS REC- REATION CENTER ON CORPUS CHRISTI BEACH, RELATED TO DAMAGES CAUSED BY HURRICANE ALLEN, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $9,000 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-77-14, MARINA BUILDINGS/ KIWANIS RECREATION CENTER RECONSTRUCTION; AND DECLAR- ING 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 agreement with George E. Clower, Jr. for architectural services to be pro- vided in connection with rebuilding the Marina Office Building, the Fueling Facility and the Bait House in the Corpus Christi Marina and the Kiwanis Recreation Center on Corpus Christi Beach, related to damages caused by Hurricane Allen, as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated out of the No. 291 Park Bond fund the sum of $9,000 for the aforesaid architectural services for Project No. 291-77-14, Marina Buildings/Kiwanis Recreation Center Reconstruc- tion. SECTION 3. The necessity to provide the sums hereinabove described at the earliest practicable date in order that the project may proceed without delay creates 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 or Council mem- bers, having declared that such necessity exists, having requested the sus-, pension 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 16362 of ilk LIriLiJ, fssp 21 1994 z j, and after its passage, IT IS ACCORDINGLY SO ORDAINED this the /, day of hi .1981. ATTEST: APPROVED: 50 DAY OF JUNE, 1981 J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CONTRACT ARCHITECTURAL SERVICES THE STATE OF TEXAS COUNTY OF NUECES J( The City of Corpus Christi, Texas hereinafter called "City" and George E. Clower, Jr. 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 work design, and related services necessary to properly develop design plans •and specifications for the following improvements: A. Marina Office Building - located on the northeast corner of the Lawrence Street T -Head. Construct a one story building of approximately 520 square feet in size to contain marina office, public restrooms, and an observation deck on the roof with outside stairway access. B. Fueling Facility - located on the Lawrence Street T -Head adjacent to the Marina Office. Facility to include two 3000 gallon and one 1000 gallon underground storage tanks, two metered pumps and one unmetered high volume pump. C. Bait Shop - located on the piers near the southwest corner of the L - Head. Construct wooden frame building approximately 25;-7c-30' in size, wooden framed, shiplap exterior, and composition roof. No interior finish required, however, water and electrical services to be provided. D. Kiwanis Recreation Center - located at 3933 Timon Boulevard. Repairs to include roof, ceiling, interior walls, exterior finishes, doors, electrical, mechanical and plumbing. The intent of this contract is to provide construction plans and specifications which will restore the above facilities to the functional use level that existed prior to Hurricane Allen. II. Scope of Services: The Architect agrees to perform, for the above named work, professional services as hereinafter set forth: ekw A. Construction Documents Phase 1. Prepare complete working drawings and technical specifications setting forth in detail the requirements for the construction and or repair of the facilities outlined in Article I, the conditions of the contract, the form of agreement between the City and Contractor, and bid proposal forms. The Architect will confer with the City Staff during this phase to coordinate the design of the project and incorporate all desired features. 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. B. 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 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 of 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 satisfactory to the City for the readvertising of bids, without increases 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. Architectural Services Contract George E. Clower, Jr. Page 2 C. 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. Provide the general administration of the construction contract including the preparation of Contract Monthly Estimates, Contract Time State - gents, 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. D. 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. Architectural Services Contract George E. Clower, Jr. Page 3 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 D are met. E. Transfer of Interest The Architect shall not assign or transfer any interest in this contract without prior written consent from the City. F. 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 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 construct- ing 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 required of Construction Documents Phase to the City within forty (40) calendar days of approval of date of Contract. G. Cost Estimates The Architect is to provide an estimate of costs at the time of submission of the Construction Documents Phase, 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, based on estimates prepared by F.E.M.A. personnel, $87,000, exclusive of Architects fees and contingencies available for construction. The design of the project shall be such that the cost thereof does 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. III. Compensation A. Fee Schedule The City agrees to pay the Architect for his services in designing and related work a fee of ten percent (10%) of the cost of construction, Architectural Services Contract George E. Clower, Jr. Page 4 if less than $100,000.00, or nine percent (9%) of cost of construction, if greater than $100,000.00. The basic rate is to be based upon the lower 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. B. Payment to the Architect 1. Upon completion of the Construction Documents Phase and acceptance and approval of same by the City, a sum equal to seventy-five percent (75%) of the Basic Tee 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 75% fee as the percentage at the completion of that phase. 2. 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. 3. 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 Construction Estimate bears to the total contract price. Final payment will not be made to the Architect until the condition of Article II, Section C, Paragraph 1 is met. 4. 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 based on the percentages set forth in Article III, Section A, of either estimated or actual alternate cost, which- ever is less. III. The City reserves the right to terminate this cuntract at any time with or without cause. In the event of such termination, the Architect Architectural Services Contract George E. Clower, Jr. Page 5 will be paid a sum proportionate to the state of completion of the phase of work in which he is then engaged. EXECUTED IN DUPLICATE this the day of , 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend APPROVED: DAY OF , 1981: City Manager J. BRUCE AYCOCK, CITY ATTORNEY APPROVED: Assistant City Manager By Assistant City Attorney George E. Clower,_Jr. Architectural Services Contract George E. Clower, Jr. Page 6 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) Sung 23. 1981 I certify to the City Council that $ 9,000.00 , 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. 291-77-14 Project Name Marina Building/Kiwanis Recreation Center Reconstruction from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Architectural Agreement py FIN 2-55 Revised 7/31/69 -rR py (� NpN 2 �1a 1''fi4 Corpus Christi, T day of 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, MAYOR Council Members The City of Corpus Christi, Texas The Charter rule was suspended by tie following vote: Luther Jones i Betty N. Turner Jack K. Dumphy Bob Gulley 1 Herbert L. Hawkins, Jr. Or Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky by 16362 tie following vote: