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HomeMy WebLinkAbout14305 ORD - 05/10/1978JKH:vp:5 /2/78:lst y AN ORDINANCE TEXAS: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BENNETT, MARTIN & SOLKA, A GENERAL PARTNERSHIP, FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF THE NORTHWEST LIBRARY, AS MORE FULLY DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $36,500 OUT OF THE NO. 269 LIBRARY BOND FUND, APPLICABLE TO PROJECT NO. 269 -77 -1, NORTHWEST LIBRARY, OF WHICH $36,000 IS FOR ARCHITECTURAL FEES AND $500 IS FOR INCIDENTAL AND RELATED EXPENSES; 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 Bennett, Martin & Solka, a general partnership, for architectural services in connection with the design of the Northwest Library, as more fully described and set forth in the Architectural Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. There is hereby appropriated the sum of $36,500 out of the No. 269 Library Bond Fund, applicable to Project No. 269 -77 -1, North- west Library, of which $36,000 is for architectural fees and $500 is for incidental and related expenses. _ SECTION 3. The necessity to authorize the execution of the afore- said agreement at the earliest possible date in order that plans may proceed without delay for the design of the Northwest Library 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 /0 day of May, 1978. ATTEST: G-fty Secretary Y R, THE ITY CHRISTI, TEXAS APPROVED: DAY OF MAY, 1978: J. BR UC YC , CITY ATTORNEY �11CROFILMED, BY: ssis an /Attorney X4305 'JUL 0 8 1980 AGREEMENT THE STATE OF TEXAS �[ COUNTY OF NUECES THIS AGREEMENT, made and entered into as of the day of 1978, by and between the City of Corpus Christi, Texas, hereinafter called "City" and Bennett, Martin & Solka, a general partnership, hereinafter called "Architects." ` W I T N E S SET H `.'THAT WHEREAS, the City intends to construct a Branch Library in - the northwest portion of the City of Corpus Christi, and WHEREAS, the City has available for the project including architectural • fees, contingencies, and land acquisition the sum of $500,000.00, and WHEREAS, the City will provide the site for the project, but states -that the definite location of the site has not yet been determined but agrees to make such determination prior to the Architects' schematic drawing, but not necessarily before programming: NOW, THEREFORE, the City and the Architect agree as follows: The Architect hereby agrees to perform all architectural and related services, including architectural, structural, mechanical, and electrical including emergency power where needed to properly develop, design plans and specifications for the construction of the Branch Library for the City of Corpus Christi on a site to be selected by the City of Corpus Christi. SCOPE OF SERVICES. I. The architect agrees to perform, for the above named work, professional services as hereinafter set forth: A. Programming Phase and Schematic Design Phase 1. Hold necessary conferences with the City staff, other governmental units, and interested parties so as to coordinate the planning of the project and make a space requirement study to determine the space needs for the Library prior to any programming of the project. 2. Research available information applicable to'the project, 3. Review the proposed site and topographic information furnished by the City. 4. Prepare schematic design studies illustrating the scope of the project and its relationship to the proposed site and adjacent structures, �1_ if any; and submittto the City for approval. Exhibits will be submitted to -.the City showing the relationship of the project to the site. 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 r 1. Prepare from•the approved•Schematic.Design Studies preliminary ' specifications, drawings, and documents to fix and describe the size and char- acter 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 & 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 Library, 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 Constructions 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) 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. -2- 'F is �p.'}'�i.' '` - > -•���_ 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 on the award of the contract to 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 f -inal 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 Statements, 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 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. -3- - - °C. •':. "ts ^ter: ,- Sw'trFC.ti:^ ��:a: ^'� - - - _ -: _ - - -:w -�.� _ • 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 linen, z lar; 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 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 is 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 estimates that of the $500,000 available in funds on the project $400,000 will be available for construction and the remainder will be for fees, contingencies, and land acquisition, and the design of the project shall be such that -the cost thereof will not exceed the above amount allocated by the City for its construction. The City will have the right to require the Architect _h._ to make revisions to the construction documents so as to bring the cost within funds available at no additonal fee. -II. The City agrees to pay the Architect for his services in designing a branch library and related work a fee of nine percent (9.07) 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 construction as determined by the contract price shall be used as the' cost of construction. 'In the event the scope of the work is increased or decreased or the approved budget changes, the fee will be changed accordingly -to and interpolation within the schedule of Group II of the Services of the Architect. A. .Payments to the Architect T. 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, and additional sum equal to twenty percent '(207) of the Basic Fee computed upon an agreed estimated actual cost of construction; 3:. Upon completion of•the Construction Documents Phase and acceptance and approval of same by the City, a sum equal to forth percent (407) 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, j.f authorized, shall bear the same relationship to the total 407 fee'as the percentage at completion of that phase. 4. Upon receipt of bids and award of a construction contract, a sum equal to five percent (57) 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 (207) of the Basic Fee shall be paid in monthly installments the amounts of which shall bear the same relationship to the total 207 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 I, Section F, Paragraph 4 is met. 4% -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 on the part of the architect. III. The City has not yet set definite timetables on the completion of the project. It is expressly understood by both parties that when definite timetables are established for.the project by the City the Architect shall endeavor to complete the project within these timetables. IV.: The City reserves the right to terminate this contract at any time witli 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-. THE CITY OF CORPUS CHRISTI BY City Secretary R. Marvin Townsend, City Manager APPROVED: ;. This — day of . I , 1978 City Attorney This day of 1978 Harold f Zic-Zv�D:L60for of Finance BENNETT, MARTIN & SOLKA By By By CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 28, 1978 I certify to the City Council that $ 36,500 , 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: f , Fund No. and Name No. 269 Library Bond Fund •Project No. 269 -77 -1 Project Name Northwest Library from which it is proposed to be drawn, and'such money is not appropriated for any other purpose. s• ' Director of Finan /� pp -FIN 2 -55 b[� Revised 7/31/69 Corpus Christi, Texas ,�y f�day of � , 19� 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 / THE CITY OF C HRISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. _ Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by he following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14305