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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