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