Loading...
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 - 1 - 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. — 2 — (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. — 3 — 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 - 5 - 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 - 6 - 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 . - 7 - 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 - 8 - 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 — 10 — BY: Assistant City Attorney APPROVED: James K. Lontos, P. E. Assistant City Manager Bill Hennings Assistant City Manager Gerald Smith, P. E. City Engineer — 11 — 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. �js� q 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 1_2 Of 18447