HomeMy WebLinkAbout19754 ORD - 05/08/1987A RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
Architectural Services Contract with Bright and Dykemas Architects, Inc. to
provide design services for the Corpus Christi Museum expansion, a substantial
copy of which is attached as Exhibit A.
SECTION 2. That the amount of $100,000 is hereby appropriated from
the Economic Development Trust Fund, $90,200 for said expansion contract, and
$9,800 for printing, advertising, testing, and related expenses.
APPROVED: $ DAY OF fla , 1967
HAL GEORGE, CITY ATTORNEY
05P.059.01
MAYOR
THE CITY
OF CORPUS CHRISTI, TEXAS
19754 MICROFILMED
AGREEMENT FOR ARCHITECTURAL SERVICES
THE STATE OF TEXAS §
COUNTY OF NUECES §
The City of Corpus Christi, hereinafter called "City", and Bright and
Dykemas Architects, Inc., hereinafter called "Architect", agree as follows:
I. SCOPE OF SERVICES
The Architect hereby agrees to perform architectural services including
graphics, space planning, normal structural, mechanical, electrical
engineering and all related services to properly develop design plans and
specifications and to provide general administration for the complete and
total construction of the Corpus Christi Museum Expansion.
A. The scope of the design work consists of expanding the Corpus
Christi Museum Expansion approximately 20,000 square feet, including
space for a 1,554 Spanish shipwreck exhibit and support facilities,
a Naval Aviation Training exhibit, visiting exhibits gallery,
classroom/meeting facilities and circulation/public facilities.
B. The City may employ a Museum Consultant. The Architect will not be
a party to the City/Museum Consultant Contract but will work with
and consult with the Museum Consultant in the prosecution of this
work.
C. Architectural Services
1. 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.
b. Prepare Schematic Design Studies illustrating the scope of
the project and its relationship to the site, relationship
of proposed and existing areas and relationship of such
areas to the public.
c. Prepare basic design analysis of architectural,
structural, mechanical and electrical systems.
d. Submit a statement of estimated costs.
e. Submit to the City six (6) copies of all Schematic Design
Studies and analysis for approval.
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
Architectural Services Agreement
Bright and Dykemas Architects, Inc.
Page 1 of 7
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.
d. Prepare a presentation model to illustrate elements of
design. Such model shall remain the property of the City.
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 Corpus Christi Museum Expansion
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% and 99% intervals
to the 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
Architectural Services Agreement
Bright and Dykemas Architects, Inc.
Page 2 of 7
g.
satisfactory to the City for the readvertising of bids,
without increase in the fees due hereunder.
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. 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 the
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.
e. 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 Agreement
Bright and Dykemas Architects, Inc.
Page 3 of 7
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 (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 Architect will provide a list of architectural and engineering
principals assigned to the project.
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 Agreement
Bright and Dykemas Architects, Inc.
Page 4 of 7
agrees that all designs and details of designing are subject to the approval
of the City. The Architect agrees to complete the Schematic Phase within four
weeks of notice to the Architect by the City. Design Development Phase is to
be submitted to the City within six (6) weeks of notice to Architect of
approval of Schematic Design Phase. Construction Documents Phase is to be
completed within twelve (12) 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 $1,900,000.00 for all costs related to
the project such as architectural and engineering services, building
construction, geotechnical investigation, testing, graphics, contract
administration, contingencies and related items for such facility,
collectively referred to as the Corpus Christi Museum Expansion.
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 topographic information of the proposed
project site showing elevations, dimensions, perimeter utilities, drainage
system location and sizes, streets and other usual items. 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.
II. SCHEDULE OF PAYMENTS
A. The City agrees to pay the Architect for Architectural Services in
Designing the Corpus Christi Museum Expansion in Items IC -1 through IC -4 and
all other duties described herein, a fee of Ninety Thousand Two Hundred
Dollars ($90,200.00) said Basic Fee to be an agreed lump sum fee, subject to
remittance as follows:
1. Upon completion of the Schematic Phase and acceptance and
approval of the same by the City, a sum equal to eighteen and
three quarters percent (18.75%) of the Basic Fee.
2. Upon completion of the Design Development Phase and acceptance
and approval of the same by the City, an additional sum equal
to twenty five percent (25%) of the Basic Fee.
Architectural Services Agreement
Bright and Dykemas Architects, Inc.
Page 5 of 7
3. Upon completion of the Construction Documents Phase and
acceptance and approval of same by the City, a sum equal to
fifty percent (50%) 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 50%
fee as the percentage at completion of the phase.
4. Upon receipt of bids and award of a construction contract, a
sum equal to six and a quarter percent (6.25%) of the Basic
Fee.
B. Upon completion of the work through the Bidding Phase at a total fee
of $90,200.00, this contract shall be terminated unless the City
authorizes, in writing, the performance of the Construction
Administration Phase of the work by the Architect and as described
in Items IC -5 through IC -7 for a total sum of $22,500.00 and the
City Council appropriates funds for such work.
1. During the Construction Phase, the Basic Fee for this service
may be paid, in monthly installments, amounts of which shall
bear the same relationship to the total fee as the Monthly
Construction Estimate bears to the total contract price.
2. Final payment will not be made to the Architect until the
"as -built" drawings are furnishing as required by Item IC -7.
C. 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.
D. No reimbursements to the Architect will be made without prior
written approval.
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.
Architectural Services Agreement
Bright and Dykemas Architects, Inc.
Page 6 of 7
B. 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
attorney's 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.
C. 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.
D. 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.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this day of , 19
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By:
City Secretary Craig A. McDowell, City Manager
APPROVED: BRIGHT AND DYKEMAS ARCHITECTS, Inc.
day of , 1987
By: By:
Assistant City Attorney James M. Bright
Architectural Services Agreement
Bright and Dykemas Architects, Inc.
Page 7 of 7
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
April 2, 1987
I certify to the City Council that $ 100,000 , 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: -
Fur No. and Name No. 111-243.54
Project No. Economic Development Trust Fund
Project Name Corpus Christi Museum Expansion
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.,
zia-c4,42-6 ex&oz-2-0,04
�✓1 ate.. �� 7
`4792'1--
5/7"io
FIN 2-55 41151
Revised 7/31/69
)9e 7 , 19
Corpus Christi, Texas
C)14441 day of
, 1981
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,
99.045.01
Council Members
MAY R
THE CI Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
_ay)
1,
ay,
19754
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
•
City ofiForpuis C�tr stilOrdlnance17112, as amended, requires all persons or firms seeking to do business with the City
to provide ihe'following�' Information. Every question must be answered. If the question Is not applicable, answer with
:'NA.'"Corporations whose shores are publicly traded and listed on national or regional stock exchanges or over-the-
counter markets may file a current Securities and Exchange Commission Form 10-K with the City In lieu of answering
Ole que4ronissbetlow. See reserve side for definitions.
FIRMNA431/B111ght + Dykemas Architects, Inc.
STREET: , 915 Kinney Avenue
FIRM Is: 1. Corporation ( X )
4. Association ( )
CITY• Corpus Christi
71P• 78401
2. Partnership ( ) 3. Sole Owner ( )
5. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the noires of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3% or
more of the ownership in the above named "firm."
Name Job Title and City Department (ir known) -
None
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm'.
Name
None
Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership In the above named "firm."
Name Board, Commission; or Committee
None
CERTIFICATE
certify that all information provided Is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texas as changes occur.
Certifying Person:
John R. Dykema, Jr.
rt ..
Signature of Certifying Person:
Title. V. President
Date June 15, 1987
RECEIVED
JUN 1 7 87
ENGINEERING ,
SERVICES