HomeMy WebLinkAbout19598 ORD - 01/06/1987TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE
CONSULTANT SERVICES AGREEMENT WITH GOVIND & ASSOCIATES AND
JOHN R. WRIGHT, ARCHITECT, FOR THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR RESTORATION OF THE UPPER AND LOWER
BROADWAY BALUSTRADE RAILING AND RETAINING WALL TO INCLUDE
ORIGINAL TYPE LIGHTING STANDARDS, RESTORATION OF THE
DAUGHTERS OF THE CONFEDERACY FOUNTAIN, AND THE PREPARATION
OF PLANS AND SPECIFICATIONS FOR THE LA RETAMA PARK;
APPROPRIATING $70,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute
Amendment No. 1 to the Consultant Services Agreement with Govind & Associates
and John R. Wright, Architect, providing for the preparation of plans and
specifications for restoration of the Upper and Lower Broadway Balustrade
railing and retaining wall to include original type lighting standards,
restoration of the Daughters of the Confederacy Fountain, and the preparation of
plans and specifications for the La Retama Park, all as more fully set forth in
the amendment, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $70,000 from the No. 551
Park Bond Fund of which $64,337 is for the consulting fees and $5,663 is for
required testing services, applicable to project 551-86-6.1, Broadway Bluff
Renovation.
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 amendment 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 t�{ce effect upon
a
f. st reading as an ergency measure this the (p9ii day of
1fl1)Qkr(1, , 1951 .
ATTEST:
City Secretary " MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: y2n DAY OF 6e,,---, 19 er)6
HAL GEORJ , CITY ATTORNEY
By
Assistant City/ j orney
O1P.030.01
19598 MICROFILMED
AMENDMENT NO. 1
TO THE AGREEMENT FOR CONSULTANT SERVICES
FOR THE BLUFF BALUSTRADE RESTORATION
THE STATE OF TEXAS 5
COUNTY OF NUECES §
The City of Corpus Christi, hereinafter called "City", and Govind &
Associates and John R. Wright, Architect, hereinafter called "Consultant",
hereby agree to the following Amendment to the Agreement for Consultant
Services for the evaluation and restoration study of the Bluff Balustrade
facilities, which was authorized by the Corpus Christi City Council on
October 22, 1985, by passage of Ordinance No. 19066.
Section I, SCOPE OF SERVICES, shall be amended to add the following
additional items of work to the Agreement:
H. Consultant will prepare plans and specifications for restoration
of the Balustrade facilities, including electrical work, per the scope of the
1986 Bond Program previously approved for the City. As a minimum, the work
will include the Upper Broadway Balustrade Railing and the Lower Broadway
Retaining Wall as itemized on Page 38 of the Consultant's previously completed
Restoration Study (January, 1986) of the Bluff Balustrade facilities, to
include the Daughters of the Confederacy Fountain Restoration.
I. Consultant's recommendations contained in the previously
completed Balustrade study authorized by Ordinance No. 19066 are to be
utilized for the Balustrade restoration work per this Amendment.
J. Consultant will prepare plans and specifications for the
La Retama Park, on the former La Retama Library site, in general conformance
with a plan for this park previously approved by the City and furnished to the
Consultant.
1. Design Development Phase
A. Prepare preliminary specifications, drawings and documents to fix
and describe the size and character of the entire project as to the
architectural, structural, civil, mechanical and electrical systems, materials
and such other essentials as may be necessary.
B. La Retama Park plans shall consider the possibility of the Bluff
Tunnel being opened in the future and closure of the opening shall be designed
accordingly. Any further tunnel related work is not within the scope of this
project.
C. Prepare the estimate of construction costs and submit an estimate
of probable cost for review by City.
D. Submit four (4) sets of the Design Development Documents to the
City for review.
Amendment No. 1 - Consultant Services Agreement
Govind & Associates/John R. Wright
Page 1 of 5
yl
2. Construction Documents Phase
A. Prepare, from the approved Design Development Documents, the
complete working drawings and technical specifications setting forth in detail
the requirements for the construction of the Balustrade restoration and
La Retama Park, the conditions of the contract, the form of agreement between
the City and contractor, and bid proposal forms.
B. Update the cost estimate and advise the City of any changes from
previous estimates.
C. Submit to the City four (4) complete sets of the Construction
Documents for review by the City and a complete set of plans and
specifications for the Balustrade restoration work for submission by the City
to the Texas Historical Commission.
D. Make submittal to the appropriate State agency to obtain
certification that all improvements meet the agency requirements for handicap
accessibility.
3. Bidding and Contract Phase
A. Upon approval of the Construction Documents by the City, prepare
the Notice to Bidders as required.
B. The Consultant will make available to the City, upon request, the
original plans, specifications and proposal for the purpose of duplicating the
bid documents as necessary or will deliver said documents to City authorized
printing service. Cost of all printing this phase at City expense.
C. Prepare any addenda to the project and assist City in mailing
addenda as requested.
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
the bids within forty-eight (48) hours of bid date.
F. Submit a written recommendation to the City on the award of the
contract. In the event the lowest acceptable bid exceeds the estimated cost,
the Consultant shall confer with the City and make such revisions to the
documents as are satisfactory to the City for the readvertising of bids
without an increase in the basic fee.
G. Within forty-eight (48) hours of the award of the contract by the
City, the Consultant shall prepare six (6) copies of the Contract Documents
ready for execution by the City and the contractor.
4. Construction Phase
A. Be the City's representative during the construction period which
begins with the award of the contract and extends until the final acceptance
of the project.
Amendment No. 1 - Consultant Services Agreement
Govind & Associates/John R. Wright
Page' 2 of 5
B. Provide the general administration of construction including
visits to the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the work and to
determine in general if the work is proceeding in accordance with the
contract. The Consultant 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. Prepare contractor monthly estimates and change orders.
D. Consultant will not be required to make exhaustive or continuous
onsite inspections normally defined as resident inspection but will make those
inspections necessary 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.
E. Advise the City in interpreting and rendering decisions on the
requirements of the contract documents and claims or disputes between the
contractor and the City to include any disputes or claims made by the City
against the contractor within one year of the final inspection; provide, for
City's use, instructions for the contractor (including preparation of
supplementary drawings or instructions required to effectuate the intent of
the contract documents).
5. As -Built Drawings and Maintenance Manuals
A. Consultant 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 of mylar or tracing of
the working drawings including any and all corrections, revisions, alterations
or amendments to the plans/specifications made during the Construction Phase
so as to reflect the true plans and specifications of the project as built.
Such reproducible documents will then become the property of the City.
B. Consultant shall use 24" by 36" sheet size of 3 mil mylar or
tracing for the "as -built" drawings which are to be submitted as described
above.
C. Consultant shall furnish to the City, upon project completion,
two (2) copies of operating manuals, parts lists and maintenance manuals for
all mechanical, electrical, or any other equipment installed on the project.
D. City will not make final payment to the Consultant until the
conditions of Paragraph 5 are met.
6. Transfer of Interest
The Consultant shall not assign or transfer any interest in this
Agreement without prior written consent from the City.
7. Cost Estimates
The Consultant is to provide cost estimates through each phase of the
design of the project but does not guarantee the accuracy of such estimates;
Amendment No. 1 - Consultant Services Agreement
Govind & Associates/John R. Wright
Page 3 of 5
however, it is understood that the project must be constructed within funds
available. The City has $650,000 in funds available for the project including
Consultant fees, printing, resident inspection, testing and contingencies, of
which $300,000 is allocated to the Balustrade work and $350,000 is allocated
to the La Retama Park. The design of the project shall be such that the cost
thereof will not exceed the above amount. Consultant will provide City with a
budget showing the various elements and costs of the work through the various
phases of work. The City will have the right to require the Consultant to
make revisions to the Construction Documents so as to bring the cost within
funds available at no additional fee.
Section III, COMPLETION SCHEDULE OF SERVICES, shall be amended to add the
following to the Agreement:
The Consultant shall furnish the document required in each phase and
shall personally render or provide the service as outlined herein in the
sequence and times indicated and as may be necessary to insure the prompt and
continuous prosecution of the work of designing and constructing the project.
It is understood that all designs and details of designing are subject to the
approval of the City, and until the acceptance of results of these services,
there shall be no liability on the part of the City for such services. The
Consultant agrees to furnish items pertaining to the Design Development Phase
to City within forty-five (45) calendar days of the date of this Amendment.
Items required of the Construction Documents Phase will be submitted within
sixty (60) calendar days of approval of the Design Development Phase.
Section V, FEES, shall be amended to add the following to the Agreement:
1. Fees Schedule
The City agrees to pay the Consultant for design services and related
work a fixed fee of Sixty -Four Thousand Three Hundred Thirty -Seven Dollars
($64,337.00). This fee includes, as Special Services, all required surveying
work at a cost of $7,000.00, necessary trips and coordination with the
San Antonio Foundry for the Balustrade lighting standard pattern at a cost of
$1,650.00, and necessary work to locate and work out details for a cast stone
bas relief artist for work on the Daughters of the Confederacy Memorial
Fountain sculpture at a cost of $1,000.00.
2. Payment Schedule
Upon completion of each of the phases outlined herein, and approval
and acceptance of same by the City, the City shall pay the following
percentages of the fee as previously outlined:
Design Development Phase Twenty -Five Percent (25%)
Construction Documents Phase Fifty Percent (50%)
Bidding and Contract Phase Five Percent ( 5%)
Construction Phase Twenty Percent (20%)
During the Construction Phase, that percentage of the fee due to
Consultant shall be paid in monthly installments, the amount of which shall
bear the same relationship to the twenty percent (20%) as the monthly
Amendment No. 1 - Consultant Services Agreement
Govind & Associates/John R. Wright
Page 4 of 5
construction estimates bear to the total contract price. Final payment will
not be made to the Consultant until the conditions of Section I, Paragraph 5,
are met.
3. Adjustment of Fees
In regards to the Consultant's fee, the parties further agree: No
deductions shall be made from the Consultant's fee on account of penalty,
liquidated damages, or other sum withheld from payments to the Contractor.
The following section shall be added to the Agreement.
VII. CONTRACT TERMINATION
The City reserves the right to terminate this Agreement at any time,
with or without cause. In the event of such termination, the Consultant will
be paid a sum proportionate to the state of completion of the phase of work in
which he is then engaged.
All other terms and conditions of the Agreement approved by Ordinance
No. 19066 not specifically addressed herein shall remain in full force and
effect.
EXECUTED IN DUPLICATE, this
which shall be considered an original.
day of , 1986, each of
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Craig A. McDowell, City Manager
APPROVED: day of , 19 GOVIND & ASSOCIATES
By:
Assistant City Attorney Govind Nadkarni
APPROVED: JOHN R. WRIGHT, ARCHITECT
By:
James K. Lontos, P.E. John R. Wright
Assistant City Manager
Amendment No. 1 - Consultant Services Agreement
Govind & Associates/John R. Wright
Page 5 of 5
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
December 17, 1986
I certify to the City Council that $70,000.00 , 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
Project No. •
3'3_1
No. 291 Park Bond Fund
-86-6.1
Project Name Broadway Bluff Renovation
'aunt which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
(3,--C../ /7 , 19 p
FIN 2-55 '
Revised 7/31/69
480,'boa. oa
d,// Big &
Corpus Christi, Texas
6 day of
, 1982
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,
Council Members
MAYOR
THE CITY F CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
19593