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.
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(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.
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(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.
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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
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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:
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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
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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.
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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