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
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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:
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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
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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: