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HomeMy WebLinkAbout14311 ORD - 05/10/1978JKH:vp:5 /2/98:lst, ' TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NEEDHAM B. SMYTH & ASSOCIATES, ARCHITECT, FOR ARCHITEC- TURAL SERVICES TO BE PERFORMED IN CONNECTION WITH THE DESIGN AND PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE WASTEWATER MAINTENANCE AND PARK MAINTENANCE BUILDINGS, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING A TOTAL OF $43,000, CONSISTING OF $17,200 FROM THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250- 77 -14, WASTEWATER MAINTENANCE BUILDING, AND $25,800 FROM THE NO. 291 PARK BOND FUND, APPLICABLE TO PROJECT NO. 291 -77 -6, PARK MAINTENANCE BUILDING; OF THE SAID APPROPRIATION $41,250 IS FOR ARCHITECTURAL FEES ($16,500 TO PROJECT NO. 250- 77 -14; $24,750 TO PROJECT NO. 291 -77 -6) AND $1,750 IS FOR INCIDENTAL AND RELATED EXPENSES ($700 TO PROJECT NO. 250- 77 -14; $1,050 TO PROJECT NO. 291- 77 -6); AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTII, SECTION 1. That the City Manager be, and he is hereby, authorized to execute a contract with Needham B. Smyth & Associates, Architect, for architectural services to be performed in connection with the design and preparation of the plans and specifications for the construction of the wastewater maintenance and park maintenance buildings, all 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 $43,000, con- sisting of $17,200 from the No. 250 Sanitary Sewer Bond Fund, applicable to Project No. 250- 77 -14, Wastewater Maintenance Building, and $25,800 from the No. 291 Park Bond Fund, applicable to Project No. 291 -77 -6, Park Main- tenance Building; of the said appropriation $41,250 is for architectural fees ($16,500 to Project No. 250- 77 -14; $24,750 to Project No. 291 -77 -6) and $1,750 is for incidental and related expenses ($700 to Project No. 250- 77 -14; $1,050 to Project No. 291- 77 -6). SECTION 3. The necessity to authorize the execution of the afore- said contract at the earliest possible date in order that plans may proceed without delay for the design and preparation of plans and specifications for the construction of the Wastewater Maintenance and Park Maintenance Buildings creates a public emergency and an imperative public necessity requiring the MICROFILMED 14311 JUL 0 81980 0 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 May, 1978. ATTEST: city-secretary MAYOR THE CITY 04MICS CHRISTI, TEXAS APPROVED: ! / DAY OF MAY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY BY: IC�itl Assistant Ci ttorney The City of Corpus Christi, hereinafter called "City ", and Needham B. Smyth Associated, hereinafter called "Architect ", whether one or more, agree as follows: I. SERVICES TO BE PERFORMED. The Architect hereby agrees, at his own expense, to perform all architectural, structural, mechanical, electrical, and related design plans and specifications for the construction of the Wastewater Maintenance and Park Maintenance building in the City of Corpus Christi, Texas. The scope of the project is as follows: SCOPE OF PROJECT: The project includes the construction of two maintenance buildings in the City's Service Center. The two buildings should be designed to house the administrative and maintenance personnel for the Parks and Wastewater Divisions. A program must be developed for the needs of the two operating divisions. II. 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 information to be used in developing the project program. 2. Review previously approved plans for the Service Center area. 3. Develop a report setting forth the proposed program for City approval prior to beginning the schematic design phase. B. Schematic Design Phase 1. Hold necessary conferences with the City staff and other interested parties so as to coordinate the planning of the project. 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 ,r g, C O N T R A C T FOR ARCHITECTURAL SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and Needham B. Smyth Associated, hereinafter called "Architect ", whether one or more, agree as follows: I. SERVICES TO BE PERFORMED. The Architect hereby agrees, at his own expense, to perform all architectural, structural, mechanical, electrical, and related design plans and specifications for the construction of the Wastewater Maintenance and Park Maintenance building in the City of Corpus Christi, Texas. The scope of the project is as follows: SCOPE OF PROJECT: The project includes the construction of two maintenance buildings in the City's Service Center. The two buildings should be designed to house the administrative and maintenance personnel for the Parks and Wastewater Divisions. A program must be developed for the needs of the two operating divisions. II. 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 information to be used in developing the project program. 2. Review previously approved plans for the Service Center area. 3. Develop a report setting forth the proposed program for City approval prior to beginning the schematic design phase. B. Schematic Design Phase 1. Hold necessary conferences with the City staff and other interested parties so as to coordinate the planning of the project. 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 ,r g, 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. 4. Submit a statement of construction costs together with recommendation of most desirable plans. 5. Submit three sets of Schematic Design Studies to the Director of Engineering and 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 costs based on current unit prices. 3. Submit three sets of the Design Development Documents to the Director of Engineering and 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 Buildings 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 and Physical Development three complete sets of the Construction Documents for review by the City. 4. Have plans reviewed by the appropriate City agencies and secure approval of all permits relating to the project. E. 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 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. of the bids. 4. Review and check all bid proposals and prepare a tabulation 5. Submit a written recommendation on the award of the contract to the City. In the event the lowest acceptable bid exceeds the budgeted amount 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 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. F. 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 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 inspections, but will make those inspections necessary to prepare the Contract Monthly Estimates and to certify -3- i4 +; F. •;a'; - 4 1:.' vl•; �„.eP ) :;pry): "• - +i - - ^ �y. 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. 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 on linen, 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 buildings 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. III. The City has the following funds for the project which include building construction, related parking, fees and contingencies: A. Wastewater Maintenance Building $225,000.00 B. Park Maintenance Building $360,000.00 Of the above total amount, $500,000 is estimated to be available for construction. The design of the project shall be such that the cost thereof will not exceed the amount allocated by the City 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 budgeted at no additional fee. IV. The City agrees to pay the Architect for his services in'designing the buildings and related work a fee of 8.25% 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. In the event the scope of the work is increased or decreased or the approved budget changes, the fee will be changed according to and interpolation within the schedule of Group III of the services of the architect. Of the total fee, 40% will be applicable to the Wastewater Maintenance Building and 60% will be applicable to the Park Maintenance Building. -4- V. Payments to 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 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 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. 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% 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 any fee for change orders necessitated as a result of negligence on the part of the architect, VI. 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 established and the project has been authorized to move forward that the architect shall endeavor to complete the project in a timely manner. VII. The City reserves the right to terminate this contract at any - .�i:� • ; - „- . 4 _ i.w� iii•” �^k'.. .. .. t V. Payments to 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 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 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. 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% 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 any fee for change orders necessitated as a result of negligence on the part of the architect, VI. 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 established and the project has been authorized to move forward that the architect shall endeavor to complete the project in a timely manner. VII. 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. 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 1978 City Attorney This day of , 1978 Harold F. Zick, Director of Finance -6- NEEDHAM B. SMYTH'ASSOCIATES CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 15, 1978 I certify tort e City Council that $ 25,800 ,.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 291 Park Bond Fund Project No. 291 -77 -6 Project Name Park Maintenance Building from which it is proposed to be drawn, and such money is not appropriated for any other purpose. T Director of ance p FIN 2 -55 Revised 7/31/69 A CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 15, 1978 I certify to the City Council that $ 17,200 , 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 250 Sanitary Sewer Bond Fund Project No. 250 -77 -14 Project Name Wastewater Maintenance Building from which it is proposed to be drawn, and such money is not appropriated for any other purpose. y2i , 19-Z Director of ce FIN 2 -55 Revised 7/31/69 •�1 Corpus Christi, Texas /0 ay 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 OR THE CITY OFA CHRISTI, TEXAS The Charter Rule was suspended by he 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 a following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14311