Loading...
HomeMy WebLinkAbout020360 RES - 06/21/1988A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MORGAN SPEAR ASSOCIATES, INC. PROVIDING FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE NEW WATER DIVISION FACILITIES TO BE LOCATED AT THE CITY SERVICE CENTER AND FOR THE PREPARATION OF A SUPPLEMENT TO THE MUNICIPAL SERVICE CENTER MASTER PLAN; AND APPROPRIATING $90,000. 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 agreement with Morgan Spear Associates, Inc. providing for the preparation of plans and specifications for the new Water Division Facilities to be located at the City Service Center and for the preparation of a supplement to the Municipal Service Center Master Plan, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated $90,000 from the No. 205 Water Bond Fund of which $75,000 is for the architectural fees, $5,000 is for the Master Plan Study, and $10,000 is for testing, printing, advertising, staff architectural and incidental costs applicable to Project No. 205-87-44-2.12, Water Division Facilities. ATTEST: City Secretary AYOR APPROVED: /$,4 DAY OF tiJ - -tom , 197r HAL GEORGE, CITY ATTORNEY 2O6RP116.res THE CITY OF CORPUS CHRISTI, TEXAS 20360 MICROFILMED AGREEMENT FOR ARCHITECTURAL SERVICES THE STATE OF TEXAS S COUNTY OF NUECES S The City of Corpus Christi, hereinafter called "City", and Morgan Spear Associates, Inc., Architects, hereinafter called "Architect", agree as follows: I. SCOPE OF SERVICES A. The Architect hereby agrees to perform architectural services including landscape architectural, structural, mechanical, electrical, civil engineering, and all related services to properly develop design plans and specifications and to provide general administration for the total construction of the Water Division Facilities to be located at the City of Corpus Christi Service Center. The scope of the the Water Division consisting offices; 4,500 square feet of covered equipment storage; and 112 Water Division vehicles. design work for the new facilities is to house of approximately 7,200 square feet of main shop/maintenance area; 33,000 square feet of parking for 120 public/staff automobiles and B. Master Plan Study - Prepare a supplement to the 1968 Master Plan Study for the Municipal Service Center, including projection of future facilities; land use plan; utilities plan - water, sewer, gas, electrical and telephone; topography, including drainage; traffic circulation and parking; landscaping and irrigation; lighting; security; and signage. II. SERVICES TO BE PERFORMED A. Master Plan Study Confer with the City staff to coordinate the future special requirements and proposed land use plan and prepare an updated master plan of the Municipal Service Center. Submit to the City, six (6) copies of the Master Plan and one loose copy -ready master. B. Programming and Schematic Phase 1. Hold necessary conferences with coordinate the planning of the project in order to Prepare a Summary of Space Allocations. 2. Prepare Schematic Design Studies illustrating the scope of the project and its relationship to the site. 3. Prepare basic design analysis of site architectural, structural, mechanical and electrical systems. 4. Submit a statement of estimated costs. the City staff to develop space needs. ARCHITECTURAL SERVICES AGREEMENT MSA, Inc_ - Water Division Facilities conditions, 5. Submit to the City five (5) copies of all Schematic Design Studies and analysis for approval. C. Design Development Phase 1. 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 civil, 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. 2. Review the preliminary cost estimates and submit an estimate ofprobable 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. 3. Submit four (4) sets of the Design Development Documents to the City. 4. Prepare a presentation model or rendering to illustrate elements of design. Such model or rendering shall remain the property of the City. D. Construction Documents Phase 1. 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 Water Division Facilities, the conditions of the construction contract, the form of the construction contract between the City and Contractor, or bid proposal forms. 2. 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. 3. Submit plans and specifications at 50% and 99% intervals to the City for review. 4. Submit, to the City, five (5) complete sets of the final Construction Documents for review. E. Bidding and Contract Phase 1. Upon approval of the Construction Documents by the City, prepare the Notice to Bidders as instructed by the City. 2. 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. ARCHITECTURAL SERVICES AGREEMENT MSA, Inc. - Water Division Facilities covering the bidders, for may secure a instructions. 3. Provide all necessary working drawings and specifications work, including proposal forms and special instructions to general distribution to all prospective, qualified bidders who copy thereof by complying with the terms set out in said special 4. Supply the City with twenty-five (25) copies of a Bid Tabulation Sheet one day prior to the receipt of bids. 5. Review and check all bid proposals and prepare a Tabulation of Bids within 48 hours of bid date/time. 6. 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 satisfaction to the City for the readvertising of bids, without increase in the fees due hereunder. 7. 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. F. Construction Phase 1. 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. 2. 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. 3. 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. 4. 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 inspections or ARCHITECTURAL SERVICES AGREEMENT MSA, Inc. - Water Division Facilities 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. 5. 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. G. 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. H. As -Built Drawings and Maintenance Manuals 1. 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. 2. 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. 3. The City will not make final payment to the Architect until the conditions of Section H are met. ARCHITECTURAL SERVICES AGREEMENT MSA, Inc. - Water Division Facilities I. 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. J. 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 agrees that all designs and details of designing are subject to the approval of the City. The Architect agrees to complete the Master Plan Study within five weeks of notice to proceed to the Architect by 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 Design Phase six weeks after approval by the City of the Programming Phase. Design Development Phase is to be submitted to the City within six weeks of approval of Schematic Design Phase. Construction Documents Phase is to be completed within eight (8) weeks 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. K. Construction Cost The City has available $1,400,000.00 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 Water Division Facilities. L. 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. III. SCHEDULE OF PAYMENTS A. The City agrees to pay the Architect for Architectural services in designing the Water Division Facilities described in Section II, paragraphs B through H, and all other duties described herein, a fee of Seventy Five Thousand Dollars ($75,000.00). Said Basic Fee to be an agreed fixed lump sum fee, subject to remittance as follows: ARCHITECTURAL SERVICES AGREEMENT MSA. Inc. - Water Division Facilities 1. Upon completion of the Schematic Phase and acceptance and approval of the same by the City, a sum equal to fifteen percent (15%) 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 percent (20%) of the Basic Fee. 3. Upon completion of t acceptance and approval of same by the (40%) of the Basic Fee. The City will phase upon evidence of suitable progress he Construction Documents Phase and City, a sum equal to forty percent authorize monthly payments for this by the Architect. 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, Architect will be paid a total sum equal to twenty percent (20%) of the Basic Fee. The fee due to Architect during the Construction Phase shall be paid in monthly installments, the amount of which shall bear the same relationship to the twenty percent (20%) as the monthly construction estimate bears to the total construction contract. 6. Final payment will not be made to the Architect until the conditions of Section II, Paragraph H are met. B. The City agrees to pay the Architect for the Master Plan Study described in Section II, Paragraph A, a total sum of Five Thousand Dollars ($5,000.00) to be remitted upon completion of such services. that no penalty, C. In regard to the Architect's deductions shall be made from the liquidated damages or other sum fees, the parties further agree Architect's fee on account of withheld from payments to the Contractor. D. No reimbursements to the Architect will be made without prior written approval. IV. 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 MSA, Inc. - Water Division Facilities 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 consultant's 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 acts or omissions, whether intentional or negligent, under this Agreement. C. Any extra costs and expenses in correcting matters caused by failure of the Architect to exercise a standard of care required by this contract would be paid by the Architect. D. The City reserves the right to terminate this Agreement to 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. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 1988. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager APPROVED: MORGAN SPEAR ASSOCIATES, INC. day of , 1988 By: By: Assistant City Attorney ARCHITECTURAL SERVICES AGREEMENT MSA, Inc. - Water Division Facilities Page 7 of 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 2i) June 9, 1988 I certify to the City Council that $ 90,000.00 , 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 No. 205 Water Bond Fund Project No. 205-87-44-2.12 Project Name Water Division Facilities from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 dk 90 1)r)r)."0-.Al Walie9)'\ h0 , 19 813 Corpus Christi, Texas t2-1 day of �{ The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik otlp Linda Strong 99.066.01 20360 , 198 D