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HomeMy WebLinkAbout17460 ORD - 02/02/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH BRIGHT ASSOCIATES FOR THE DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS TO THE ANIMAL SHELTER; APPROPRIATING $30,000 FOR THE CONTRACT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with Bright Associates to develop plans and specifications for the improvements to the Animal Shelter located at 1111 Navigation Street, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $30,000 from the No. 267 Animal Shelter Bond Fund of, which $27,120 is for architect fees and $2,880 is for laboratory testing, applicable to Project No. 267-77-1, Animal Shelter Improvements. 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, day of February, 1983. ATTEST: Ci cretary MAYOR THE C TY OF CORPUS CHRISTI, TEXAS APPROVEDrS' . DAY OF FEBRUARY, 1983 Bruce 401A-4- ck,IQity Attorney 174 q MICROFILMED SEP 61984 CONTRACT ARCHITECTURAL SERVICES THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City", and Bright Associates, hereinafter called "Architect", agree as follows: I. SERVICES TO BE PERFORMED: The Architect hereby agrees, at his own expense, to perform all architectural, structural, mechanical, electrical, site design work and related services necessary to properly develop design plans and specifications and to provide general administration of a construction contract for the following improvements to the Animal Shelter located at 1111 Navigation, Corpus Christi, Texas, (512)882-6082: A. A new building to house an examination room, feed storage room, and 30 dog runs. The approximate size will be 38' x 86'. The existing small dog pen and feed storage building will be removed. B. Rehabilitation of 50% of the existing dog run to meet Texas Department of Health standards for animal control shelters. C. Design of remaining 50% of existing dog run such that this remaining portion can be bid and constructed subject to funds available. D. Paving improvements in the vicinity of the existing euthanasia unit and a portion of the public parking area. II. SCOPE OF SERVICES: The Architect agrees to perform, for the above named work, professional services as hereinafter set forth: A. Schematic Design Phase 1. Hold necessary conferences with the City staff so as to coordinate the planning of the project. 2. Research available information applicable to the project. 3. Prepare schematic design studies illustrating the scope of the project and submit to the City for approval. 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 City Engineer for review by the City. Architectural Contract Bright Associates Page 1 of 6 Cxh. "fl' B. 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 area volume or unit prices. 3. Submit three sets of the Design Development documents to the City Engineer 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 at the Animal Shelter, 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 City Engineer three complete sets of the Construction Documents for review by the City. 4. Make submittal to appropriate state agency(s) to obtain certification that all improvements meet handicapped requirements if/as required. D. Bidding and Contract Phase 1. Upon approval of the Construction Documents by the City, prepare the Notice to Bidders as required. 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. The Architect will make available to the City, upon request, the original plans and specifications for the purpose of duplicating the bid documents as necessary. Architectural Contract Bright Associates Page 2 of 6 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, 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 award of the contract 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 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 Architectural Contract Bright Associates Page 3 of 6 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. 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 of 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 building as built. 2. The Architect shall use 24" x 36" sheet sizes of 3 mil mylar or tracing for the "As -Built" drawings which are to be submitted as described above. 3. The Architect shall furnish to the City, upon project completion, operation 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 in this contract in the sequence and times herein indicated and as may be necessary to insure the prompt and continuous prosecution of the work of designing and construction 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. That Architect agrees to furnish items Architectural Contract Bright Associates Page 4 of 6 pertaining to Schematic Design Phase to City within thirty (30) calendar days of date of contract. Items required of Design Development Phase will be submitted within thirty (30) days of approval of Schematic Design Phase, and items required of Construction Documents Phase will be submitted within forty-five (45) calendar days of approval of Design Development Phase. I. Cost Estimate 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 determined that the construction budget (direct construction cost) of this project is $300,000; $120,000 being for rehabilitation of dog runs and $180,000 being for the new building and paving. The design of the project shall be that the cost thereof will not exceed the above amount allocated 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 available at no additional fee. III. COMPENSATION A. Fee Schedule The City agrees to pay the Architect for his services in designing and related work a fee of Twenty Seven Thousand One Hundred Twenty Dollars ($27,120.00). The fee is based on 8% of the construction cost of the new building and paving improvements and 10.6 7 of the construction cost of rehabilitation work for the existing dog run. Partial payments to the architect shall be based upon the fee and the cost of construction stated in Article II, Section I. In no case shall the total payment exceed Twenty Seven Thousand One Hundred Twenty Dollars ($27,120.00). B. Payment Schedule Upon completion of each of the phases outlined in Section II, Paragraphs A through E, and approval and acceptance of same by the City, the City shall pay the following percentages of the fee as previously outlined: 1. Programming and Schematic Phase 2. Design Development Phase 3. Construction Documents Phase 4. Bidding and Contract Phase 5. Construction Phase Architectural Contract Bright Associates Page 5 of 6 Fifteen Percent (15%) Twenty Percent (20%) Forty Percent (40%) Five Percent ( 5%) Twenty Percent (20%) During the construction phase, that percentage of the fee due to Architect shall be paid in monthly installments, the amount of which shall bear the same relationship to the twenty percent (20%) as the monthly construction estimate bears to the total contract price. Final payment will not be made to the Architect until the conditions of Article II, Section F are met. C. Adjustment of Fees 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 or omissions on the part of the Architect. IV. PROJECT COMPLETION The City's timetable for this project is that all improvement work per this contract be completed by December 31, 1983. V. CONTRACT TERMINATION 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 below written. ATTEST: CITY OF CORPUS CHRISTI • By: City Secretary Edward A. Martin, City Manager APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 1983 Assistant City Attorney BRIGHT ASSOCIATES APPROVED: 1 tot/ itido4 K. ont.r, .E. Stant City Manager Architectural Contract Bright Associates Page 6 of 6 By James M. Bright CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with :'NA." Corporations whose shares are publicly traded and listed on notional or regional stock exchanges or over-the- counter markets may file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering the questions below. See resery- side for definitions. FIRM NAME: STREET. FIRM is: 1. Corporation ( ) 4. Association ( ) CIT 2. Partnership ( ) 3. Sole Owner ( kfrra 5.- Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 6.344,n) Job Title and City Department (if known) 2. State the names of each 'official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 610.4o) Board, Commission, or Committee CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and -that supplemental statements will be promptly submitted to the City of,Corpus Christi, Texas as changes occur. ////��,{�,� ��- Certifying Person: 9� . HT Title- �+"'�rl/1E,� (Typo or Prin� Date. % j !y a3 Signature of Certifying Pers DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or parttime basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, includ- ing when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." CITY OF CORPUS CE ISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 26. 1983 I certify to the City Council that $ 30.000 , 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 Project No. Nn 967 Animal ghaltar RnnA F1mA 967-77-1 Project Name B*ima1 gbeltar Improveaast- from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Q 336' fir, FIN 2-55 Revised 7/31/69 , 19 Corpus Christi, Texas day of 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; I/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, Respectfully, MAYOR Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky the following vote: .174160