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HomeMy WebLinkAbout19597 ORD - 01/06/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH EDI ARCHITECTURE AND ROOTS/FOSTER ASSOCIATES, INC., A JOINT VENTURE FOR THE DESIGN OF THE POLICE STATION AND MUNICIPAL COURT FACILITY; APPROPRIATING $360,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with EDI Architecture and Roots/Foster Associates, Inc., a joint venture, for the design of the Police Station and Municipal Court Facility, 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 $360,000 from the No. 531 Public Health and Safety Bond Fund of which $335,000 is for the contract award and $25,000 is for geotechnical investigation, printing and advertising expenses applicable to Project No., 531-86-2.1, Police Station and Municipal Court Facility. 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 of executing the abovementioned contract at the earliest practicable date, 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 tae effect upon f. st reading as an rp,rgency measure this the day of ffti ,19}1/ ATTEST: City Secretary " MAYOR APPROVED: DAY 195% HAL GEORGE, CITY ATTORNEY By Assistant ttorney O1P.038.01 THE CITY OF CORPUS CHRISTI, TEXAS 195D7 MICROFILMED AGREEMENT FOR ARCHITECTURAL SERVICES THE STATE OF TEXAS S COUNTY OF NUECES S This Agreement, made and entered into as of the day of , 19 , by and between the City of Corpus Christi, Texas, hereinafter called "City", and a joint venture of EDI Architecture and Roots/Foster Associates, Inc., hereinafter called "Architect". WITNESSETH Whereas, the City intends to construct a Police Station and Municipal Court Facility within the scope of a general obligation bond referendum approved by the voters of the City of Corpus Christi on April 5, 1986; and Whereas, the City has previously performed a preliminary space analysis for the Police Facility Project which will be made available to the Architect; and Whereas, the City desires that the construction of the project be started as expeditiously as possible and within a certain time period. Now, Therefore, the City and Architect agree as follows: The Architect hereby agrees to perform architectural services including graphics, space planning, normal structural, mechanical/electrical engineering services, landscape architecture and all related services to properly develop design plans and specifications for the complete and total construction of the Police Facility Project, all in accordance with the following Scope of Services listed as Items IA and IC, and wherein all design presentation drawings and final renderings for the project become the sole property of the City. I. .SCOPE OF SERVICES A. Project Description The scope of the design work shall include a complete facility to meet the space needs of the Municipal Court and the Police Department. Building will be located at the city block site bounded by Martin Luther King, Brownlee, Winnebago and Sam Rankin Streets. Project will be planned in phases to allow coordination of construction, occupancy and final site improvements, unless directed otherwise by the City. B. Collaboration with a Communications Consultant The City will employ a Communications Consultant to develop a multi -channel trunked mobile communications system. The Architect will not be a party to the City Communications Consultant Contract, but will work with and consult with the Communications Consultant in the prosecution of this work. C. 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 space needs for the Police Station and Municipal Court Facility. Prior space analysis of space needs will be furnished to the Architect for guidance, updating and modifying as required. (b) Prepare Schematic Design Studies illustrating the scope of the project and its relationship to the proposed site, relationship of various departments and offices to their working relationships and relationship of such offices to the public, and submit to the City for approval. (c) Prepare and develop a program for the project based on the approved space analysis and submit up to 16 copies of such program and Schematic Design Studies to the City for approval. Future expansion of the project is to be considered in this phase. (d) Prepare basic design analysis of architectural, structural, mechanical and electrical systems. (e) Use rough models as necessary to present elements of schematic designs. Multiple design options are to be submitted for approval. (f) Submit a statement of estimated costs for approval by City as the construction budget for the project. (g) Indicate and address how elements of building and equipment in the project relate to energy conservation. Investigate and make recommendations for natural gas power, heating and air-conditioning. Analyze energy demands as required and prepare an energy budget. 2. Design Development Phase (a) Prepare, from the approved Schematic Design Studies and Program, preliminary specifications, drawings, presentations and documents to fix and describe the size and character of the entire project as to the architectural, structural, mechanical and electrical systems, graphics, material and such other essentials as may be necessary. Presentations 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. (b) 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. (c) Submit six (6) sets of the Design Development Documents to the City. Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. PaaP 9 of 9 (d) Upon review of plans by the City, make or assist in making preparations of the plans and program to the City Council 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 construction of the Police Station and Municipal Court Facility Project, the conditions of the construction contract, the form of the construction contract between the 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. (c) Submit plans and specifications at 50%, 75% and 99% intervals to City for review. (d) Submit, to the City, six (6) 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 the City. (b) Furnish the City a list of prospective bidders, assist the 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. (d) Supply the 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 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 deemed appropriate by the Architect and satisfactory to the City for the readvertising of bids, without increase in the fees due hereunder. Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. Page 3 of 9 (g) Within 48 hours of the award of the contract by the City, prepare six (6) copies of the Contract Documents as approved by the City 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 of the project, including visits to the site as required by the condition and/or progress of the work to determine, in general, if the work is proceeding in accordance with the construction documents. The Architect will visit the site a minimum of twice a week and will endeavor to guard the 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) Make recommendations to the City relative to the color, design, and manufacturer of furniture, and in planning for telephones and telephone changeover. (e) 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 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. 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 observed non-compliance with plans and specifications by the Contractor. (f) The 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 his 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. Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. Page 4 of 9 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, the Architect may be required to represent the City in all matters with the building general contractor. The Architect will follow up on uncompleted work, unsatisfactory work or defective work and represent the City and assist the City in administering any such items with the building general contractor to the satisfaction of the 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. The Architect will schedule and conduct a warranty inspection of the project and prepare a warranty report for any needed corrective action by the Contractor. 7. As -Built Drawings and Maintenance Manuals (a) The Architect shall furnish to the 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 40" 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 building as built. Such drawings and project specifications will be the sole property of the City and may not be reused by Architect without express consent of the City. The Architect may specify that the General Contractor provide to the Architect necessary drawings and manuals. (b) The Architect shall provide for furnishing to the City, upon project completion, three (3) sets of operating manuals or instructions, parts lists and maintenance manuals for all mechanical, electrical or any other equipment installed on the project. (c) The City will not make final payment to the Architect until the conditions of Section 7 are met. 8. Transfer of Interest/Responsible Principals The Architect shall not assign or transfer any interest in this Agreement without prior written consent from the City. Further, it is understood that architectural principals and assignments to this project by the Architect are those personnel indicated in the proposal submitted by Architect to the City in September, 1986, offering architectural services. Use of substitute principals will be authorized only in writing by the City. 9. Schedule for 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 Agreement in the following sequence and timetable to insure the prompt and continuous prosecution of the work and design of the Project. The Architect Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. Page 5 of 9 agrees that all designs and details of designing are subject to the approval of the City. The Architect agrees to complete the programming phase within four weeks of notice to the Architect by the City and to furnish the Schematic Phase Design Studies six weeks after approval by the City of the Programming Phase. Design Development Phase is to be submitted to the City within nine (9) weeks of notice to Architect of approval of Schematic Design Phase. Construction Documents Phase is to be completed within twenty (20) 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 The City has available $5,700,000 for all costs related to the project such as architectural and engineering services, site acquisition, building construction, demolition, geotechnical investigation, testing, landscaping, graphics, furnishings, contract administration, contingencies and related items for such facility, collectively referred to as the "Police Facility Project". 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 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. The City will have the right to require the 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 The City will furnish, at City expense, a detailed topographic map of the proposed project site showing elevations, dimensions, perimeter utilities, drainage system location and sizes, streets and other usual items on such map. The 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. Should there be any public utility relocations required as a result of the design of the Police Facility Project, the City will separately handle or contract for this work, all of which would be funded from the total project budget stated herein. In addition, City will furnish the existing space analysis and related information generated by City in 1983 on a proposed Police Department Space Study. II. SCHEDULE OF PAYMENTS A. The City agrees to pay the Architect for Architectural Services in Designing the Police Station and Municipal Court Facility in Items IC -1 and IC -7 and all other duties described herein, a fee of Three Hundred Thirty Five Thousand ($335,000), said Basic Fee to be an agreed lump sum fee, subject to remittance as follows: Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. Page 6 of 9 1. Upon completion of the Programming and Schematic Phase and acceptance and approval of the same by the City, a sum equal to fifteen percent (15%) of the Basic Fee. The City will authorize a progress payment of $12,000 upon evidence of completion of the Programming Phase by the Architects. 2. Upon -completion of the Design Development Phase and acceptance and approval of the same by the City, an additional sum equal to twenty percent (20%) of the Basic Fee. The City will authorize monthly payments for this phase upon evidence of suitable progress by the Architect. 3. 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. The City will 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. 4. Upon receipt of bids and award of a construction contract, a sum equal to five percent (5%) of the Basic Fee. 5. During the Construction Phase, a sum equal to twenty percent (20%) of the Basic Pee 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. - 6. Final payment will not be made to the Architect until the "as -built" drawings are furnished as required by Item IC -7. B. In regard to the Architect's fee, the parties further agree: No deductions shall be made from the Architect's fee of 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. III. MISCELLANEOUS TERMS A. The 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 out of Architect's acts or omissions, whether intentional or negligent, in performing its service 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, 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 Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. Page 7 of 9 shall provide for thirty (30) days notice by the insurer to the City prior to any cancellation of such policy. C. The City agrees to indemnify and save harmless the Architect, its principals, officers, agents and employees, from any 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 the City's services and conduct under this Agreement. D. The City reserves the right to terminate this Agreement 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. F. This Agreement represents the entire and integrated agreement between the City and the 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: Director of Engineering Services City of Corpus Christi P. O. Box 9277 (302 S. Shoreline) Corpus Christi, Texas 78469 FOR ARCHITECT: EDI and Roots/Foster, A Joint Venture 4600 Ocean Drive Corpus Christi, Texas 78412 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, TEXAS By: City Secretary Craig A. McDowell, City Manager Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. Page 8 of 9 APPROVED: day of By: , 19 Assistant City Attorney Architectural Services - Police Station EDI Architecture - Roots/Foster Assoc. Page 9 of 9 EDI ARCHITECTURE AND ROOTS/FOSTER ASSOCIATES By: Cafl Ron Foster CITY OF CORPUS C RISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 15, 1986 I certify to the City Council that $ 360,000 , 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 No. 262 Public Health & Safety Bond Fund 3� Project N. 86-2.1 Project Name Police Station and Municipal Court Facility fmm which it is proposed to be drawn, and such money is not appropriated for any other purpose. (3001 ' )4 % , 19oY2 FIN 2-55 Revised 7/31/69 4/%s1, Corpus Christi, Texas (o4'» day of , 196g/ 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, MAYO 99.045.01 Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb u Frank Mendez Bill Pruettd;) Mary Pat Slavik Linda Strong 61-0 19597