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