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HomeMy WebLinkAbout17323 ORD - 10/27/1982- AN ORDINANCE AUTHORIZING AN AGREEMENT WITH WISZNIA AND PETERSON ARCHITECTS FOR DESIGN OF AND PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE CENTRAL PUBLIC LIBRARY; APPROPRIATING $120,000 FOR THE AGREEMENT; AND DECLARING 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 Wisznia and Peterson Architects for design and preparation of the plans and specifications for the Central Public Library, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there hereby appropriated $120,000 out of the No. 269 Library Bond Fund applicable to Project No. 269-82-1, Central Public Library, of which $115,800 is for architectural fees and $4200 is for legal advertising, laboratory testing and incidental expenses. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to preserve and protect public property by expediting the construction of public improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the ..1.7 day of October, 1982. ATTEST: fild'd6/ Secretary APPROVED: ;AM OF OCTOBER, 1982 - 611t4J- .'Bruce Aycock, C14y Attorney MAYOR 40, OViw. Or THE TY OF CORPUS CHRISTI, TEXAS 17323 SEP 28 1984 MICKEILMED AGREEMENT FOR ARCHITECTURAL SERVICES THE STATE OF TEXAS X COUNTY OF NUECES X This agreement, made and entered into as of the day of , 1982, by and between the City of Corpus Christi, Texas, hereinafter called "City" and Wisznia & Peterson Architects, hereinafter called "Architect": WITNESSETH THAT WHEREAS, the City intends to construct a Central Public Library; and, WHEREAS, the City has available FIVE MILLION ($5,000,000) DOLLARS which includes constriction, site acquisition, architectural fees, contingencies and furnishings; and, WHEREAS, the City before initiating proceedings to provide the site for the project desires to have an analysis made regarding the selection of the most desir- able location for the construction of the Library; and, WHEREAS, the City desires to have a Library Consultant to develop the proposed program for the project prior to the authorization for the design of the project; and, WHEREAS, the City desires to have a Consultant involved in the design of the project having a commendable record of achievement in library design to be involved and assist the Architect in the design development phase. NOW, THEREFORE, the City and Architect agree as follows: The Architect hereby agrees to perform architectural services including normal structural, mechanical and electrical engineering services to properly develop design plans and specifications for the complete and total construction of the Corpus Christi Central Public Library, all in accordance with the Scope of Services listed in Items IA through ID. I. SCOPE OF SERVICES A. Employment of Library Design Consultant Architect agrees to employ the firm of Morris * Aubry of Houston, Texas as Design Consultant, to assist in the design development of the project. The City will review and approve the agreement with Morris * Aubry and such agreement shall become an exhibit to this contract. Architect and City both agree that the design dev- elopment plans must be thoroughly reviewed by the Staff, the Library Board and the City Council prior to commencing work on the development of the various phases of the project. B. Employment of Library Program Consultant The City intends to employ Davi d Henington, Library Consultant, to develop the program for the project. The City will review the program and make suggestions and request changes where needed. After review, the City will direct the Architect as to the inclusion of the Library Consultant's program in the overalldesign of the Central Library. The Architect and the City agree that the develop- ment of the program must receive the full review of the City Staff and the Library Board prior to any work other than site selection analysis has taken place. The Architect will not be a party to this contract, but will work with and consult with the Library Consultant in the prosecution of the work. C. Site Selection Analysis Architect agrees to develop an analysis of the various potential sites for the Library and provide the City a report on the various alternatives with a recommendation as -to the most advantageous site for the location. D. Architectural Services 1. Programming Phase and Schematic Design Phase a) Hold necessary conferences with the City Staff and other interested parties to coordinate the planning of the project in order to develop a space requirement determining the space needs for the Library in conjunction with the Library program of the project. b) Research available information applicable to the project. c) Prepare schematic design studies illustrating the scope of the project and its relationship to the proposed site 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 selected site. d) Submit a statement of construction costs to the City together with recommendation of most desirable plans. e) Submit three (3) sets of Schematic Design Studies to the Assistant City Manager of Physical Operations for review. - 2 - 2. Design Development Phase a) Prepare from the approved Schematic Design Studies pre- liminary specifications, drawings, and documents to fix and describe the size and character of the entire project as to the architectural, structural, mechanical and elec- trical systems, material and such other essentials as may be necessary. b) Review the preliminary cost estimates and submit an estimate of probable cost. c) Submit three (3) sets of the Design Development Documents to the Assistant City Manager of Physical Operations. d) Upon review of plans by the Staff, be prepared to make presentation of the plan to the Library Board and the City Council, together with the Design Consultant, for approval. 3. Construction Documents Phase a) Upon approval of the Design Development Documents, prepare the complete working drawings and technical specifications setting forth in detail the requirements for the construc- tion of the Library, the conditions of the contract, the form of agreement between the City and Contractor, and bid proposal forms. b) Review the cost estimate and advise the City of any changes. c) Submit to the Assistant City Manager of Physical Operations three (3) complete sets of the Construction Documents for review. 4. Bidding and Contract Phase a) Upon approval of the Construction Documents by the City, prepare the Notice to Bidders as instructed by the City. b) 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. Additional sets of plans or specifications will be furnished to the City by - 3 - the Architect upon request by the City, with the City reimbursing the Architect for the actual cost of reproduction. c) Supply the City with twenty-five (25) copies of a Bid Tabulation sheet one day prior to the receipt of bids. d) Review and check all bid proposals and prepare a Tabulation of Bids. e) 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. 0 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. 5. Construction Phase a) Represent the City during the construction period which begins with the issuance of the Work Order and extends until the final acceptance of the project. b) 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. c) 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 by the City. d) The Architect shall not have control or charge of, and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions -4 - of the Contractor, Sub -contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. The Architect shall be responsible for notifying the City in the event of any non-compliance with plans and specifications by the Contractor. e) 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 that work has progressed to the point indicated, the quality of the work is in accordance with the construc- tion contract, and that the Contractor is entitled to payment. 6. As Built Drawings and Maintenance Manuals a) 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, alter- ations, 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. b) The Architect shall use 30" x 40" or 24" x 36" sheet sizes of 3 mil mylar for the "as -built" drawings which are to be submitted as described above. c) The Architect shall furnish to the City upon project com- pletion, operating manuals or instructions, parts lists, or maintenance manuals for all mechanical, electrical, or any -5 - other equipment installed on the project. d) The City will not make final payment to the Architect until the conditions of Section 6 are met. 7. Transfer of Interest The Architect shall not assign or transfer any interest in this contract without prior written consent from the City. 8. 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 or 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. Y. Cost Estimates The Architect agrees 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 $5,000,000 available in funds on the project, $4,000,000 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 con- struction. 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. II. The City agrees to pay the Architect the following fee for the project: a) For Site Selection Services the total sum of $8000. b) For the Architectural Services in Designing the Library listed in Items 0-1 through 0-9, a fee of 7.707, of the cost of con- struction, said basic rate to be based upon the estimated actual cost of construction until such time as the actual cost of con- struction has been determined by the letting of a contract, from -6- 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 interpolation within the schedule of Group II of the Services of the Architect. A. Payments to the Architect 1) Upon completion of the site analysis the sum of $8000. 2) Upon completion of the Programming and Schematic Phase and acceptance and approval of the same by the City, a sum equal to fifteen percent (157) of the Basic Fee computed upon an agreed estimated actual cost of construction. 3) Upon completion of the Design Development Phase and acceptance and approval of the same by the City, an additional sum equal to twenty percent (207) of the Basic Fee computed upon an agreed estimated actual cost of construction. 4) 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. 5) 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. 6) 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 20% as the Monthly Construction Estimate bears to the total contract price. Final payment will not be made to the Architect until the "as -built" drawings are furnished. 7) 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 -.7- 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. 8) Reimbursement will be made to the Architect for travel as directed or requested by the City and approved in advance. Any telephone or printing expenses which are incurred by the Architect above and beyond the normal level will be con- sidered for reimbursement by the City. III. The City has not yet set definite timetables for 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 project within these timetables. IV. Although the City will not be a party to any contract between the Architect and David Henington, Library Consultant, the City reserves the right to ,review and approve any recommendations, program changes and design concepts submitted to the Architect by Mr. Henington, during the entire design period. the Architect shall endeavor to complete V. This agreement authorizes the Architect to proceed with the following phases of work: Site Selection, Programming& Schematic Phase and Design Development Phase. The remaining phases will be authorized upon review and approval of the preliminary phases. VI. The City reserves the right to terminate this contract at anytime 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: CITY OF CORPUS CHRISTI By Bill C. Read, City Secretary Edward A. Martin, City Manager APPROVED: day of ,1982 J. BRUCE AYCOCK, City Attorney By Assistant City Attorney - 8 - APPROVED: ontos ssistant City Mgr. WISZNIA & PETERSON, ARCHITECTS By By THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1982 by EDWARD A. MARTIN, as City Manager for the City of Corpus Christi, Texas. Notary Public in and for the State of Texas THE STATE OF TEXAS :COUNTY OF NUECES I This instrument was acknowledged before me on 1982 by and partners in the architectural firm of WISZNIA & PETERSON. Notary Public in and for the State of Texas -9- CITY OF CORMS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 120,000 October 21, 1982 ' , 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. 269 Library Bond Fund Project No. 269-82-1 Project Name Central Public Library from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • 4.e.44, A 17 , 19e2 - Director of inance $t&I) )`eci- to -re t-e:rt z÷ e,td Go.els eon o-irfed N 0 v. -1-9, 1611---11F2- diet) AOA1AL-- FIN 2-55 Revised 7/31/69 1 Corpus Christi, Texas gp7 day of 0.4.444_,./ , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. ' Respectfully,. Council Members The above ordinance Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS was passed by the fol wing vote: 17823