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HomeMy WebLinkAbout020504 ORD - 10/25/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT FOR ARCHITECTURAL SERVICES WITH EDI ARCHITECTURE AND ROOTS/FOSTER ASSOCIATES, INC., A JOINT VENTURE, WHICH PROVIDES FOR DESIGN SERVICES FOR THE RENOVATION AND CONVERSION OF THE BUILDING AT 120 NORTH CHAPARRAL STREET TO ACCOMMODATE THE POLICE DEPARTMENT AND MUNICIPAL COURT FOR A FEE OF $348,500; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an amendment with EDI Architecture and Roots/Foster Associates, Inc., a Joint Venture, approved by Ordinance No. 19597 on January 6, 1987, which provides for design services for the renovation and conversion of the building at 120 North Chaparral Street to accommodate the Police Department and Municipal Court for a fee of $348,500, 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 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 at three regular meetings so that this ordinance is passed and shall t ff ct pon first rea i g as an emergency measure this the c '5 day of , 193X ATTEST: City Secretary MAY R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: /T714 DAY OF £2c71e,Jz, 19Sqr HAL GEORGE, CITY ATTORNEY Byk ssi - tant City Attorney 207RP052.ord MICROFILMED 20504 AMENDMENT NO. 2 TO THE AGREEMENT FOR ARCHITECTURAL SERVICES ON THE POLICE STATION AND MUNICIPAL COURT FACILITY THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City", and a joint venture of EDI Architecture and Roots/Foster Associates, Inc., hereinafter called "Architect", hereby agree to this second amendment to the Agreement for Architectural Services which was authorized by the Corpus Christi City Council by the passage of Ordinance No. 19597 on January 6, 1987. WHEREAS, the Architect has conducted a feasibility study of that property known as the CP&L property located at 120 North Chaparral Street as required by an Amendment to the Agreement for Architectural Services approved on April 19, 1988; WHEREAS, the City and Architect desire to amend the previous agreement to change the scope of the design work to reflect the renovation of the CP&L building for use as a Municipal Court and Police Department offices; WHEREAS, the City may elect to incorporate the Fire Department Administration offices as part of the scope of work; NOW, THEREFORE, the City and Architect agree to amend that certain Agreement for Architectural Services, as previously amended, as follows: I. ARTICLE I - SCOPE OF SERVICES, of the aforesaid Agreement is hereby amended by deleting Paragraph A, Project Description, and replacing it with the following: A. Project Description The scope of the design work consists of renovating the existing building at 120 North Chaparral Street to meet the space needs of the Municipal Court and Police Department. Fire Department Administration offices may be incorporated if funds become available. II. ARTICLE I, Paragraph C, Architectural Services - Section 9, Schedule for Rendering of Services, of the aforesaid Agreement is hereby deleted and replaced with the following: The City hereby releases Architect from the Schedule for Rendering of Services set forth by the initial Agreement for services associated with the construction of a new facility. The City and Architect agree to a new Schedule for Rendering of Services associated with the renovation of the CP&L building as provided by this section. Architectural Services Agreement -Police Station EDI Architecture - Roots/Foster Associates The Architect shall furnish the documents 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 Programming Phase within four (4) weeks of notice to the Architect by the City and to furnish the Schematic Phase Design Studies six (6) weeks after approval by the City of the Programming Phase. Design Development Phase is to be submitted to the City within eight (8) weeks of notice to Architect of approval of Schematic Design Phase. The Construction Documents Phase is to be completed within sixteen (16) 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. ARTICLE I, Paragraph C, Architectural Services - Section 10, Cost Estimates, Paragraph 1 of the aforesaid Agreement is hereby amended to read in its entirety as follows: At commencement of this Agreement, the City had available $5,700,000 for all costs associated with the project previously known as the Police Facility Project. On the effective date of this second amendment, the City has available $4,600,000 for all costs related to the project, such as architectural and engineering services, asbestos removal, building construction, demolition, testing, landscaping, graphics, furnishings, contract administration, contingencies, required parking, and other related items for such facility, now collectively referred to as the "Police Station and Municipal Court Facility". 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. IV. ARTICLE I, Paragraph C, Architectural Services - Section 11, City Furnished Services, of the aforesaid agreement is hereby amended to add the following paragraphs: Copies of all available construction drawings for the old Central Power & Light Company building will be provided to the Architect. Architectural Services Agreement -Police Station EDI Architecture - Roots/Foster Associates Page 2 of 4 The City will separately contract for the removal of any asbestos containing materials in the existing building. v. ARTICLE II - SCHEDULE OF PAYMENTS, of the aforesaid Agreement is hereby amended by deleting Paragraph A and replacing it with the following: A. In addition to sums previously paid to Architect for services prior to this second amendment, the City agrees to pay the Architect for architectural services outlined in Items IC -1 through IC -7 and all other duties described herein a fee of Three Hundred Forty -Eight Thousand Five Hundred Dollars ($348,500). The services outlined in Items IC -1 through IC -7 shall now be required of and agreed to be provided by Architect for the scope of services of this project as amended herein. These fees will be full and total compensation for all services required for the renovation of the existing building at 120 North Chaparral Street to accommodate the space needs of the Municipal Court, Police Department, and including the Fire Department Administration offices. Said basic fee is to be an agreed lump sum fee, subject to remittance as follows: 1. Upon completion of the Programming and Schematic Phase and acceptance and approval of the same by the City, a sum equal to twenty-three percent (23%) of the Basic Fee. The City will authorize a progress payment of $12,000 upon evidence of completion of the Programming Phase and field investigation by the Architect. 2. Upon completion of the Design Development Phase and acceptance and approval of the same by the City, an additional sum equal to seventeen percent (17%) of the Basic Fee. The City will authorize monthly payments for this phase upon evidence of suitable progress by the Architect. 3. Upon completion of the Construction Documents Phase and acceptance and approval of same by the City, a sum equal to thirty-seven percent (37%) 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 37% fee as the percentage at completion of that phase. 4. Upon receipt of bids and award of a construction contract, a sum equal to three percent (3%) of the Basic Fee. 5. During the Construction Phase, a sum equal to twenty percent (20%) of the Basic Fee shall be paid in monthly installments, the amounts of which shall bear the same relationship to the total 20% as the Monthly Construction Estimate bears to the total contract price. 6. Final payment will not be made to the Architect until the "as -built" drawings are furnished as required by Item IC -7. Architectural Services Agreement -Police Station EDI Architecture - Roots/Foster Associates PaaP 1 of d VI. ARTICLE III, MISCELLANEOUS TERMS, of the aforesaid Agreement is hereby amended by deleting Paragraph B and replacing it with the following: B. Any extra costs and expenses in correcting matters caused by failure of the Architect to exercise a standard of care required by this Agreement would be paid by the Architect. VII. ARTICLE III, MISCELLANEOUS TERMS, of the aforesaid agreement is hereby amended by deleting Paragraph C and replacing it with the following: C. 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 attorneys' fees, for or on account of any injury to any person, or death resulting from such injury, or any damage to any property, which may arise out of the City's services and conduct under this Agreement, including the detection and removal of asbestos -containing materials in the existing building at 120 North Chaparral Street. All other terms and conditions of the original Agreement, executed by the City and the Architect, not specifically addressed herein, shall remain in full force and effect. EXECUTED this day of shall be considered an original. ATTEST: City Secretary , 1988, in duplicate, each of which CITY OF CORPUS CHRISTI By: Juan Garza, City Manager APPROVED: ,j, day of 49c1160.,', 1988 EDI ARCHITECTURE AND ROOTS/FOSTER ASSOCIATES, INC. By: Assistant City Attorney By: Architectural Services Agreement -Police Station EDI Architecture - Roots/Foster Associates PAna d of 4 Corpus Christi, Texas ;?4,5- day of at -ft -6M' 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 g g and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYO THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following Betty N. Turner David Berlanga, Sr. Leo Guerrero aka Ak //I ,(141 - Mary Rhodes Frank Schwing, Jr. (61; vote: Cl i f Moss Bill Pruet Mary Pat Sl avi k Linda Strong 99.045.01 20504