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HomeMy WebLinkAbout11396 ORD - 03/28/1973,JRRh11p:3- 23- 73:1st 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BROCK- MABREy & PARTNERS FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF FIRE STATION N0. 14, PROJECT NO. 207 -72 -5 AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED "A "; APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND FUND $11,500, OF WHICH $11,050 IS FOR THE ARCHITECT'S FEES AND $450 IS FOR INCIDENTAL EXPENSES IN CONNECTION WITH THE SAID PROJECT NO. 207 -72 -5; 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 with Brock - Mabrey & Partners for Architectural Services in connection with the design of Fire Station No. 14, Project No. 207 -72 -5, all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", and made a part hereof. SECTION 2. There is hereby appropriated out of the No. 207 Public Building Bond Fund the sum of $11,500, of which $11,050 is for the architect's fees and $450 is for incidental expenses in connection with the said Project No. 207 -72 -5. SECTION 3. The necessity to enter into the aforesaid contract and to appropriate the necessary funds in order that the project may be commenced without delay 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 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 March, 1973. ATTEST: t 4YOR C City Secret y APPROVED: THE CITY OF C P CHRISTI, TEXAS `A DAY OF MARCH, 1973: 4A City Attorney 11396 • C O N T R A C T FOR ARCRITLCl'UMU SERVICES THE STATE OF TEXAS COUNTY OF R'UECES The City of Corpus Christi, hereinafter called "City ", and Brock - Mabrey & Partners, 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 and related services, including architec- tural, structural, mechanical, and electrical including emergency power neces- sary to properly develop design plans and specifications for the construction of Fire Station J'14 to be constructed in the general area of Everhart & Holly Rds. in the City of Corpus Christi. SCOPE OF SERVICES. Architect's services for Items I -A thru I -E will be those services which are in accordance with the Services of the Architect as published in 1968 by the Texas Society of Architects, and the American Insti- tute of Architects, and will include the following scope of basic services: I. The architect agrees to perform, for the above named work, professional services as hereinafter set forth: A. Schematic Design Phase 1. Review the existing site and topographic information furnished by the City. 2. Hold necessary conferences with the City staff, other govern- mental units, and interested parties 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 its relationship to the site and adjacent structures and submit these studies for the City for approval. A colored exhibit will be submitted to the City showing the relationship of the project to the site. 5. Submit a statement of estimated construction costs to the City together vfith recommendation of most desirable plans. 6. SubMU, three setO OI':ehematie Decii;n Studies to the Director Of Evn ,,Inrcriig, Sc2-v1.ce : for rrvict; by City. Z_ -1- 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 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 Services for review by the City. C. Construction Documents Phase 1. Prepare from the approved Design Development Documents the com- plete working drawing and technical specifications setting forth in detail the requirements for the construction of the Fire Station, the conditions of the contract, the form of agreement between the City and Contractor, and bid pro- posal forms. 2. Review the cost estimate and advise the City of any changes. 3. Submit to the Director of Engineering Services 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 (5) five 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 repro- duction. 3. Supply the City with twenty -five (25) copies of a Bid Tabulation sheet one day prior to the receipt of bids. 4. RuvieW and check all bid proposals and prepare a tabulation of the bids. i a wriLLen recommend•iLion on the :aw:u'd of the contract to -2- the City. In the event the lowest acceptable bid exceeds the estimated cost and the City elects to revise the plans for further advertising for bids, the Architect shall confer with the City and make such revisions as is satisfactory 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 State- ments, 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 in- spections 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 contractor is entitled to paycient. I'. As Luilt Drawings and 14hinteriancc Manuals 1. The Architect ShUll ftu•nioh to the City, upon co:nnletion of said Project, or 1111011 termination of this contract as herein provided, a sui- table hound copy of the specificationo and a rvpl'alueible set on linen, myl:ir, or •fraci,n;, al' the workin,; drn.win, : includin,; any Wul till. corrections, revioion::, -3- 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 milar for the "as built" drawings which are to be submitted as described above. 3. The Architect shall 3lirnish to the City upon project comple- tion, 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 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 $130,000.00 for the construc- tion phase of the Fire Station. The design of the project shall be such that the cost thereof will not exceed the above amount allocated by the City for its con- struction. The City will have the ri[;ht to require the Architect to make revi- lions to the construction docu..:cnt; so as to brim the cost within funds avail- able at no additional fee. II. The City agrees to pay the Architect for his services in designing the Fire Station and related work a fee of eight and one -half percent (8.5 %) of the cost of construction, said basic rate to be calculated 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.,, . A. Payments to the Architect 1. Upon completion of the Schematic Design 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 accep- tance 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 Construction Documents Phase and ac- captance 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 con- struction. 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%a as the Monthly Construc- tion Estimate bears to the total contract price. Final payment will not be made to the Architect until the condition of Article I, Section F, Paragraph 4 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, liquid:.:ted damages, or other sum wit:ilield from payments to the con- tractor but the City will not pay the architect fee for change orders necessi- tated as a result of negligence on the ;Vert of the architect. -5- ^ s contract at an time wiZR III. '19ie City reserves the right to terminate this Y 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: T. Fay Kring, City Secretary APPROVED: p. This/ -?--S // day of ` d,-i Ot , 1973 Hal George, Executive Asst. City Attorney This day of , 1973 THE CITY OF CORPUS CHRISTI BY R. Marvin Townsend, City Manager Harold F. Zick, Director of Finance BROCK - MABREY & PARTNERS BY _— Victor Brock BY Leslie Mabrey _6- • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 15 1973 • I certify to the City Council that $ 11,500 , 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 207 Public Building Bond Fund Project No. 207-72 -5 Project Name Fire Station No. 14 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19Z3 n Architectural Services - Brook, Mabrey & Partners D'rector of Fi ce FIN 2 -55 Revised 7/31/69 G L P CORPUS CHRISTI, TEXAS DAY OF �} , 19__7 B TO THE MEMBERS OF THE CITY COUNCIL . CORFJS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY •CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. - - PECTFU LY, ' Q �YOR THE CITY 0 CORP HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE _ - CHARLES A. BONNIWF.LL ROBERTO BOSQUEZ, M.D. . REV. HAROLD T. BRANCH THOMAS V. GONZALES - - GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: - BONNIE SI2EMORE CHARLES A. BONNIWELL ROBERTO BosouEz, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES 1 GABE LozANO, SR. J. HOWARD STARK