HomeMy WebLinkAbout18447 ORD - 09/04/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WISZNIA AND
PETERSON ARCHITECTS REGARDING A WATER GARDEN AND PARKING
FACILITY IN THE BAYFRONT SCIENCE PARK; APPROPRIATING
$64,000; 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 regarding a water garden and
parking facility in the Bayfront Science Park, a substantial copy of which
agreement is attached hereto and made a part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $64,000 from the
Convention Center Bond Fund.
SECTION 2. 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 4th day of September, 1984.
ATTEST:
ecretary MAYOR
THE CITY i CORPUS CHRISTI, TEXAS
APPROVED:M; DAY OF SEPTEMBER, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
By
ssist:l'tC ity Attorn
18447
.sEp 2,81984
paitOFIIMED
AGREEMENT
FOR ARCHITECTURAL SERVICES
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT, made and entered into by and between the
City of Corpus Christi, Texas, hereinafter called "City", and
Wisznia & Peterson Architects, hereinafter called "Architect";
WITNESSETH:
WHEREAS, City intends to construct a water garden and
parking facility within the Bayfront Science Park; and
WHEREAS, City has entered into an agreement with the
Foundation for Science and Arts regarding this Project; and
WHEREAS, City desires that the construction of the Project
b'e started as expeditiously as possible and within a certain time
period.
NOW, THEREFORE, City and Architect agree as follows:
Architect hereby agrees to perform architectural services
including graphics, space planning, civil, structural, mechanical
and electrical engineering services and landscape architecture to
properly develop design plans and specifications for the complete
and total construction of the Project, all in accordance with the
following Scope of Services listed as Items IA through IC, and
wherein all design presentation drawings and contract documents
(drawings and specifications), final model, and any final
rendering for this Project become the sole property of the City.
I. SCOPE OF SERVICES
A. Project Description
The scope of the design work shall include, but not be
limited to, an underground parking facility, a water garden and a
promenade in the portion of the Bayfront Science Park surrounded
by the U. S. Army Corps of Engineers Building, the Art Museum of
South Texas, the Bayfront Plaza Convention Center, the Harbor
Playhouse, and the Corpus Christi Museum. The parking facility
shall have convenient access to all the buildings, and shall have
easy access from Chaparral Street or Shoreline Boulevard. The
promenade and water gardens shall be shielded from the winds as
much as possible. The planting work shall be included in the
scope of the Project. The parking facility., promenade and water
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garden, and landscaping shall comprise an area of about three
acres. The project shall be designed to operate on a 'schedule
generally consistent with the hours of operation of the other
facilities in the Bayfront Science Park. The Project budget is
$2,000,000 including all costs related to the project such as
architectural and engineering services, demolition, geotechnical
investigations, testing, advertising, inspection, contract
administration, building construction, site improvements, utility
installations and relocations, equipment, furniture, graphics,
landscaping, and contingencies. Of the $2,000,000 total budget,
the design should be such that approximately $1,000,000 is
related to the water garden portion and approximately $1,000,000
is related to the parking facility portion.
B. Collaboration with Zion & Breen Associates
Architect agrees to retain the services of Zion & Breen
Associates to collaborate with Architect, specifically in
developing the design concept of the promenade and water garden
and in landscape architecture for the Project.
C. Architectural Services
1. Programming and Schematic Design Phase
(a) Hold necessary conferences with the City Staff and other
interested parties to coordinate the planning of the Project,
including conferences at least monthly with the Design Review
Committee appointed by City and the Foundation for Science and
Arts.
(b) Identify the Principals who will be assigned to the
Project.
(c) Research available information applicable to the
Project.
(d) Prepare Schematic Design Studies illustrating the scope
of the Project and its relationship to the proposed site and to
'the various facilities in the Bayfront Science Park, and submit
to City for approval.
(e) Use models as necessary to present elements of schematic
designs.
(f) Submit a preliminary statement of estimated costs for
the Project.
(g) Prepare and develop a program for._the Project and submit
16 copies of such program and Schematic Design Studies to City
for approval.
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(h) Investigate and make recommendations for alternate
sources of energy and for alternate approaches to energy
conservation. Analyze energy demands as required and prepare a
design energy budget for operation of the Project. Investigate
the possibility of using salt water from Corpus Christi Bay in
the water garden.
2. Design Development Phase
(a) Prepare, from the approved Schematic Design Studies and
Program, preliminary specifications, drawings, study models and
documents to fix and describe the size and character of the
entire Project as to the architectural, civil, structural,
mechanical and electrical systems, graphics, material and such
other essentials as may be necessary. Models need only show
those elements of color or interior/exterior features as
necessary to present or convey designs to the City and other
public bodies for approval or information, with the model scale
and construction designed for mobility and transportability. The
models will reflect those designs approved in the Schematic
Design Phase.
(b) Incorporate into the Project energy conservation design
elements and concepts as approved.
(c) Review the preliminary cost estimates and submit an
estimate of probable cost. Consider all items indicated herein
for this Project. The design shall be such that the estimate of
probable cost shall not exceed the Project budget.
(d) Submit sixteen sets of the Design Development Documents
to the City.
(e) Upon review of plans by City, make or assist in making
presentations of the plans and program to various advisory boards
and the City Council.
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
construction of the Project, the conditions of the construction
contract, the form of the construction contract between City and
Contractor, and bid proposal forms.
(b) Review the cost estimate and advise the City of any
changes, and adjust the design as necessary so that the cost
estimate will not exceed the Project budget.
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tl
(c) 'Submit plans and specifications at 50%, 75% and 90%
intervals to City' for 'review.
(d) Submit to City six complete sets of the final
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 City.
(b) Furnish City a list of prospective bidders, assist City
in distributing or mailing the Notice to Bidders, prepare addenda
and addenda mail -out envelopes.
(c) Provide all necessary working drawings and
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.
(See Schedule of Payments section of this Agreement for printing
costs and reimbursement.)
(d) Supply City with twenty-five (25) copies of a Bid
Tabulation sheet one day prior to the receipt of bids.
(e) Review and check all bid proposals and prepare a
Tabulation of Bids within 48 hours of bid date/time.
(f) Submit a written recommendation to City on the award of
the contract. In the event the lowest acceptable bid exceeds the
estimated cost and City elects to revise the plans for further
advertising for bids, the Architect shall confer with City and
make such revisions as deemed appropriate by the Architect and
satisfactory to City for the readvertising•of bids, without
increase in the fees due hereunder.
(g) Within 48 hours of the award of the contract by City,
prepare six (6) copies of the Contract Documents as approved by
City ready for execution by City and the Contractor.
5. Construction Phase
(a) Represent 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 of
the Project, including periodic visits _to the site to become
familiar generally with the progress and quality of the work and
to determine in general if the work is proceeding in accordance
with the contract. Architect will endeavor to guard City against
defects and deficiencies in the work of contractors but does not
guarantee the performance of their contracts.
(c) Provide the general administration of the construction
contract including review of shop drawings and submittals, the
preparation of contract monthly estimates, contract time
statements and contract change orders, and make recommendations
concerning contractor disputes.
(d) 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 of the
Contractor, subcontractors 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. Architect shall have
authority to reject work which does not conform to the Contract
Documents. Whenever, in Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent of
the Contract Documents, 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. Architect shall be
,responsible for notifying City in the event of any observed
non-compliance with plans and specifications by the Contractor.
(e) Architect shall 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 its knowledge, work has progressed to the point indicated, the
quality of the work is in accordance with the Construction
Contract, and the Contractor is entitled to payment.
6. Warranty Phase
Within the Warranty Phase of the Project, being described as
the period of time of 12 months commencing on the date of
substantial completion or acceptance, whichever comes first,
Architect may be required to represent City in all matters with
the general contractor. Architect will follow up on uncompleted
work, unsatisfactory work or defective work and represent City
and assist City in administering any such items with the building
general contractor to the satisfaction of City and within the
intent, scope or stated purpose of such warranty period.
Architect will also investigate or otherwise provide guidance or
recommendations to the City on defective, troublesome or
inoperable equipment or systems within the Project or scope of
the improvements. Architect will schedule and conduct a warranty
inspection of the Project and prepare a warranty report for any
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needed corrective action by the Contractor.
7. As -Built Drawings and Maintenance Manuals
(a) Architect shall furnish to City, upon completion of said
Project, or upon termination of this Agreement as herein
provided, a suitable bound copy of the specifications and a
reproducible set on linen, mylar, or tracing (on 30" x 44" or 24"
x 36" sheets) of the working drawings, including any and all
corrections, revisions, alterations, or amendments to the plans
and specifications made during the Construction Phase so as to
reflect the true plans and specifications of the Project as
built. Such drawings and Project specifications will be the sole
property of City and may not be reused by Architect without
express consent of City. Architect may specify that the General
Contractor provide to Architect necessary drawings and manuals.
(b) Architect shall provide for furnishing to City, upon
Project completion, three (3) sets of operation manuals or
instructions, parts lists, or maintenance manuals for all
mechanical, electrical or any other equipment installed on the
Project.
(c) City will not make final payment to Architect until the
conditions of Section 7 are met.
8. Transfer of Interest/Responsible Principals
Architect shall not assign or transfer any interest in this
Agreement without prior written consent from City.
9. Schedule for Rendering of Services
Architect shall furnish the documents required in each phase
of the design and personally render or provide the service
required in this Agreement in the following sequence and
timetable to insure the prompt and continuous prosecution of the
work and design of the Project. Architect agrees that all designs
and details of designing are subject to the approval of City.
Architect agrees to furnish City the required Schematic Design
Studies and Program by October 9, 1984. Design Development Phase
is to be submitted to City within six weeks of notice to
Architect of approval of Schematic Design Phase. Construction
Documents Phase is to be completed -within fifteen weeks of notice
to Architect by City of approval of Design Development. City will
provide a reasonably prompt response time to Architect for
guidance, direction or approval of all work submitted in the
various phases.
10. Cost Estimates
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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 the approved Project budget.
The design of the Project shall be such that the cost thereof
will not exceed the amount allocated for its construction and
other items herein indicated. City will have the right to
require Architect to make revisions to the Construction Documents
so as to bring the cost within the Project budget at no
additional fee should this be necessary as the result of bidding
the Project.
11. City Furnished Services
City will furnish available, topographic information of the
proposed site from as -built drawings showing elevations,
dimensions, utilities, drainage system location and sizes,
streets and other items. Architect shall not be responsible for
verification of the completeness and accuracy of City furnished
survey data. City will also provide, at City expense, the
necessary geotechnical investigation for foundation design and
related purposes for the selected site. All of these items would
be funded from the Project budget.
II. SCHEDULE OF PAYMENTS
A. City agrees to pay
project:
Architect the following fee for
the
1. For the Architectural Services in Designing the Project
in Items IC -1 through IC -7 and all other duties described herein,
a Basic Fee of $182,200.00, said Basic Fee to be an agreed lump
sum fee, subject to remittance as follows:
.(a) Upon completion of the Programming and Schematic Phase
and acceptance and approval of the same by City, a sum equal to
fifteen percent (15%) of the Basic Fee.
(b) Upon completion of the Design Development Phase and
acceptance and approval of the same by City, an additional sum
equal to twenty percent (20%) of the Basic Fee.
(c) Upon completion of the Construction Documents Phase and
acceptance and approval of the same by City, a sum equal to forty
percent (40%) of the Basic Fee. City will authorize monthly
payments for this phase upon evidence of suitable progress by
Architect. The monthly payments, if authorized, shall bear the
same relationship to the total of 40% fee as the percentage at
completion of that phase.
(d) Upon receipt of bids and award of a construction
.
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contract•, a sum equal to five percent (5%) of the Basic Fee.
(e) 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 as the Monthly Construction Estimate
bears to the total contract price.
(f) Final payment will not be made to Architect until the
"as -built" drawings are furnished as required by Item IC -7.
2. The Basic Fee of $182,200.00 includes the cost of all
special consultants, including an allowance of $15,000.00 for the
services of specialists in hydraulic engineering and an allowance
of $3,000.00 for printing. The Basic Fee also includes $28,000
for services already performed b,' Architect, but does not include
$42,000 for services already performed by Zion & Breen Associates
and paid by the Foundation for Science and Arts. Said Basic Fee
is based on a total project budget of $2 million, and City and
Architect agree that if the total project budget is increased by
mutual agreement then said Basic Fee shall also be increased by
an amount equal to 7.4% of the increase in budget.
3. Architect agrees to solicit proposals from specialists in
hydraulic engineering and obtain the concurrence of City as to
selection of the specialist, the scope of the specialist's work,
and the fee. If the agreed upon fee is different from the
$15,000.00 allowance, then the Basic Fee will be increased or
decreased, as appropriate, by the amount of the difference.
4. The allowance of $3,000.00 for printing is to cover the
cost of printing in the Construction Documents Phase only. City
will select the printer and Architect will retain all printing
invoices until printing needs are met. Should this cost of
printing be less than $3,000.00, Architect- will credit such
difference to the City in the Basic Fee. Should the cost of
printing exceed $3,000.00, the City will pay such amount in
excess to Architect, who will pay such printing cost.
5. In regard to Architect's fee, the parties further agree:
No deductions shall be made from Architect's fee on account of
penalty, liquidated damages or other sum withheld from payments
to the Contractor. Reimbursement for travel or lodging is not
provided for separately but is included in the Basic Fee.
6. For extra services requested by the City involving major
revisions of any approved phase of service, Architect shall be
entitled to additional compensation by negotiation with City.
III. MISCELLANEOUS TERMS
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4..
A.•Architect agrees to indemnify and save harmless the City,
its officers, Agents and employees, from any and' all' lawsuits,
claims, demands, liabilities, losses and expenses, including
consultant's fees, expert witness fees, court costs and
attorneys' fees, for or on account of any injury to any person,
or death at any time resulting from such injury, or any damage to
property, which may arise or which may be alleged to have arisen
out of Architect's acts or omissions, whether intentional or
negligent, in performing its services under this Agreement.
Architect shall not be' responsible for any damages, whether
special, indirect, incidental or consequential, arising outside
the scope of Architect's services under this Agreement or beyond
its control.
B. Architect agrees to secure and maintain at its own
expense at all times during the term of this Agreement, and any
applicable statute of limitations, professional liability
insurance with combined single limits for bodily injury and
property damage of at least $1,000,000. A certificate of
insurance for said policy shall be furnished to the City and
maintained throughout the terms required above. Said certificate
shall provide for thirty (30) days notice by the insurer to City
prior to any cancellation of such policy. If said professional
liability insurance is written on a claims made basis, Architect
shall also obtain a twenty—four (24) month extended discovery
period endorsement for such policy.
C. City agrees to indemnify and save harmless Architect, its
principals, officers, agents and employees, from ahy and all
lawsuits, claims, demands, liabilities, losses and expenses,
including consultants' fees, expert witness fees, court costs and
attorneys' fees, for or on account of any injury to any person,
or death resulting from such injury, or any damage to property,
which may arise out of City's services and conduct under this
Agreement.
D. Execution of this Agreement authorizes Architect to
proceed with the following phase of work: Programming and
Schematic Design Phase. The remaining phases will be authorized
upon review and approval of the—preliminary phases as herein
stated.
E. City reserves the right to terminate this Agreement at
any time with or without cause. In the event of such
termination, Architect will be paid a sum proportionate to the
state of completion of the phase of work in which he is then
engaged. Upon completion of the work through the Design
Development Phase at a total fee of $63,770.00, this contract
shall be terminated unless City authorizes in writing the
performance of the additional phases of work.by Architect and the
City Council appropriates funds for such additional work.
F. This Agreement represents the entire and integrated
agreement between City and Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both City and Architect.
G. All notices given pursuant to the provisions of this
Agreement shall be made in writing and delivered in person or
mailed postage prepaid, addressed to the applicable party as follows:
FOR CITY: City Engineer
City of Corpus Christi
P: 0. Box 9277 (302 S. Shoreline)
Corpus Christi, Texas 78469
FOR ARCHITECT: Wisznia & Peterson Architects
1740 First City Tower II
Corpus Christi, Texas 78478
IN TESTIMONY WHEREOF, witness our hands in duplicate, each
of which shall be considered an original.
THIS, THE
1984.
DAY OF SEPTEMBER, THIS, THE DAY OF AUGUST,
1984.
CITY OF CORPUS CHRISTI, TEXAS
WISZNIA & PETERSON ARCHITECTS
BY: BY:
Edward A. Martin, City Manager Walter Wisznia
ATTEST:
City Secretary
APPROVED:
Day of September, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
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BY:
Assistant City Attorney
APPROVED:
James K. Lontos, P. E.
Assistant City Manager
Bill Hennings
Assistant City Manager
Gerald Smith, P. E.
City Engineer
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 64,000.00 , 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 Fund No. 209 Commun
Project No. 209-76-1.3
Project Name Construction
and
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
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FIN 2-55
Revised 7/31/69
9 47 , 1987
Corpus Christi, Texas
day of 4/t w, 198fL
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 0 CORPUS CHRISTI, TEXAS
The above ordinance was passed ,y the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
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