HomeMy WebLinkAbout14307 ORD - 05/10/1978jkh:ya:5- 2,78:lst
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH CHRISTIAN, BRIGHT, PENNINGTON & ASSOCIATES,
ARCHITECTS, FOR ARCHITECTURAL SERVICES TO BE PROVIDED
IN CONNECTION WITH THE DESIGN AND PREPARATION OF PLANS
AND SPECIFICATIONS FOR THE CONSTRUCTION OF A MULTI-
CULTURAL CENTER IN THE CITY OF CORPUS CHRISTI, SAID
SERVICES BEING LIMITED TO THE PROGRAMMING AND SCHEMA-
TIC, DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS AND
BID AND AWARD PHASES ONLY, REPRESENTING 80% OF THE
ARCHITECTURAL CONTRACT, AS MORE FULLY DESCRIBED AND
SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTAN-
TIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT
"A ", AND MADE A PART HEREOF; APPROPRIATING $43,000
OUT OF THE NO. 265 MULTICULTURAL CENTER BOND FUND,
OF WHICH $38,896 IS FOR ARCHITECTURAL SERVICES AND
$4,104 IS FOR LABORATORY TESTING, CONTINGENCIES, AND
INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT
NO. 265 -77 -12 MULTICULTURAL CENTER; 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 CHRISTIAN, BRIGHT, PENNINGTON & ASSOCIATES,
ARCHITECTS, for architectural services to be provided in connection with
the design and preparation of plans and specifications for the construction
of a Multicultural Center in the city of Corpus Christi, said services being
limited to the programming and schematic, design development, construction
documents and bid and award phases only, representing 80% of the architectural
contract, as more fully described and set forth in the Architectural Agreement,
a substantial copy of which is attached hereto, marked Exhibit "A ", and made
a part hereof.
SECTION 2. There is hereby appropriated the sum of $43,000 out
of the No. 265 Multicultural Center Bond Funds, of which $38,896 is for
architectural services and $4,104 is for laboratory testing, contingencies,
and incidental and related expenses, applicable to Project No. 265 -77 -1,
Multicultural Center.
SECTION 3. The necessity to authorize the execution of the
aforesaid agreement at the earliest possible date in order that plans may
proceed without delay for the Multicultural Center creates a public emergency
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14307
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 and 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_Z day
of May, 1978.
ATTEST:
OL
Ci y Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF MAY, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
BY:
Assista ty Attorney
f i
THE STATE OF TEXAS
COUNTY OF NUECES 1
C O N T R A C T
ARCHITECTURAL SERVICES
The City of Corpus Christi, hereinafter called "City," and Christian
Bright & Pennington, 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, structural, mechanical, electrical', and
related services for the development of design plans and specifications for the
construction of the Multicultural Center in the City of Corpus Christi, Texas.
The scope of the project is as follows:
SCOPE OF PROJECT: The project includes the construction of a cultural
center primarily as a plaza and fixed exhibits for the display of the historical
and cultural heritage of the City of Corpus Christi. The center must include
space for multimedia presentations and space for sale of merchandise,if desirable
indigenous to the various cultures. The center must be located in the Bayfront
Arts & Science Park and must blend in architecturally and aesthetically with the
various other improvements in the park.
I. The Architect agrees to perform for the above named work professional
services as hereinafter set forth:
A. Programming Phase
1. To hold necessary conferences with the appropriate
departments of the City and develop the necessary information to be used in
developing the project program.
2. Review previously approved studies and plans of the
Bayfront Park project.
3. Develop from information provided a report showing the
program for the City for approval prior to beginning the schematic design phase
of the project.
B. 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.
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2. Review the proposed sites and topographic information
furnished by the City.
3. Prepare Schematic Design Studies illustrating the
scope of the project and its relationship to the proposed site or sites and
adjacent structures, if any, and submit to the City for approval. Exhibits will
be submitted to the City showing the relationship of the project to the site,
and the total site plan.
4. Submit a statement of construction costs to the City
together with recommendation of most desirable plans.
5. Submit three sets of Schematic Design Studies to
the Director of Engineering & Physical Development for review by City.
C. 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 unit prices.
3. Submit three sets of the Design Development Documents
to the Director of Engineering & Physical Development for review by the City.
D. Construction Documents Phase
1. Prepare from the approved Design Development Documents `
the complete working drawing and technical specifications setting forth in detail
the requirements for the construction of the Multicultural Center, 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. r
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4. Have plans reviewed by the appropriate City agencies'T;
and secure approval of all permits relating to the project. " x4
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E. Bidding and Contract Phase
1. Upon approval of the Construction Documents by thee'
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w, City, prepare, the' Notice 'to'Bidders� as: instructed by;the City'.'
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2.- ,Provide five (5)•'sets• of.complete plans•and twenty'' %.r' , ;.
(20) sets of specifications .covering•the,.work,:including proposal forms and >;
special' instructions -•to• bidders;' pfor,general distribution to all prospective
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,qualified bidders who -may secure a copy thereof by complying with the terms set' „
out in 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. * ,
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3. Supply the City with twenty -five (25) copies of a
Bid Tabulation Sheet one day prior to the receipt of bids.
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?4..' Review and check all bid proposals and prepare a
tabulation of the 'bids.
'g's•.:.c, ' ..•`5. • Submit 'a written recommendation on the award of the - -
contract to the City.;'. In the event the lowest a, cceptable bi& exceeds the
estimated cost and the City elects to revise the plans for further advertising-
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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. "~.t
F. Construction Phase
1. Be `the City,srepiesentative during the' construction`• !-
r period which begins with the issuance of the Work Order and extends until thew'
final acceptance of the project.
2. Provide the general administration of construction
` includin periodic visits to the site to familiarize himself
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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
not guarantee the performance of their contracts.
'.13. Provide the general administration of the constructi��yotn," ^,
contract including the,preparationfof Contract, Monthly Estimates, Contract ~Time,1`.
Statements and Contract • Chan a Orders all on forms f'' =' +E'C
,,. , g , ,_ rms supplied to him.'by.,the•.Ci •��
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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 I contract, and
that the contractor is entitled to payment.
6. Shall review and approve shop drawings, samples and other
submission of the contract for conformance with the design concept and for
compliance with the information given in the contract documents.
G. "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, mylar, or
tracing of the working drawings including any and all corrections, revisions,
alterations, or amendments to the plans and/or specificationd 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 I the City upon project completion,
operating manuals or instructions, parts lists, or maintenance manuals all for
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.
H. Transfer of Interest
The architect shall not assign or transfer any interest in this
contract without prior written consent from the City.
I. Orderly Rendering of Services
The Architect shall furnish the documents required in each phase
of 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
p!gxg,
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approval by the City, and until the acceptance of these services, there shall
be no liability on the part of the City for such services.
II. 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 $720,000 approved funds on this project
including fees, contingencies, and other related work. Of this amount, it is
estimated that $650,000 will be used for construction.
The design of the project shall be such that the cost thereof
will not exceed the above amount allocated by the City. 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. Payments to the Architect
The City agrees to pay the Architect for his services in designing
the buildings and related work a fee of 7.48% of the 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.
1. 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, 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
acceptance 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 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 completion of that phase.
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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% 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 G, Paragraph 1 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,
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:
IV. The City has not yet set definite timetables on the completion of
the project. It is expressly understood by both parties that when timetables are
set up and the project has received the go ahead that the Architect shall endeavor
to complete the project in a timely manner.
V. 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.
VI. Limitation of Agreement Authorization
It is expressly understood that this agreement authorizes only
through the Bidding and Contract Phase. Funds to cover the fee are appropriated
by the City to cover all work of the Architect through the Bidding and Contract
Phase, Article I, Section E. Should the construction contract be awarded by the
City, funds will be made available to cover the Architect's Services under Article I,
Section F at the same time as the construction contract is approved.
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: c
City Secretary-
ecre� /J
y
Approvedd-
This O day oI ' 1978
ifid City Attorne
THE CITY OF CORPUS CHRI TI N 8�
By �!
R. Ma in Townsend, City Manag c o',
This /a— day of 1978
of
Harold F. Zick, Dire or of Finance `n
U
CHRISTIAN BRIGHT & PENNINGTON
By . xr co
j { <Ig 3.
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 23, 1978 >
I certify to the City Council that $ 43,000 , 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 265 Multicultural Center Bond Fund
Project No. 265 -77 -1
Project Name Multicultural Center
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
' 1 %
rtov,7e- Director of nce
FIN 2 -55
Revised 7/31/69
Corpus Christi, Texas
_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,
MAYOR
THE C TY OF -CO S CHRISTI, 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 the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
143o'7