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HomeMy WebLinkAbout07374 ORD - 10/01/1964�j AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH PAGE, SOUTHERLAND, PAGE & WHITTET FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN AND SUPERVISION OF THE CORPUS CHRISTI MUSEUM, DESIGNATED AS PROJECT NO. 207 -64 -5, A COPYCF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 207 BOND FUND THE SUM OF $28,500.00, OF WHICH AMOUNT $28,000.00 IS FOR THE ARCHITECTURAL FEES AND $500.00 IS FOR LABORATORY TESTING, ETC.; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CUTY OF CORPUS CHRISTI, A CONTRACT WITH PAGE, SOUTHERLAND, PAGE & WHITTET FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN AND SUPERVISION OF THE CORPUS CHRISTI MUSEUM, DESIGNATED AS PROJECT No. 207 -64 -5, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF No. 207 BOND FUND THE SUM OF $25,500.00, OF WHICH AMOUNT $28,000.00 IS FOR ARCHITECTURAL FEES AND $500.00 IS FOR LABORATORY TESTING, ETC., ALL IN CONNECTION WITH THE AFORESAID PROJECT. SECTION 3. THE NECESSITY TO AUTHORIZE THE AFORESAID AGREEMENT AND APPROPRIATION OF THE NECESSARY FUNDS SO THAT CONSTRUCTION OF THE CORPUS CHRISTI MUSEUM MAY BE BEGUN AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ ATTRREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING • REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / DAY OF OCTOBER,1964. ATTE GZ CITY SECRETARY K APPROVED AS TO EGAL FORM THI THE CITY OF CORPUS CHRISTI, TEXAS _DAY OF C , 1964: CITY ATTORNEY V 374 siW :10/1 /64 'AGREEMENT THE STATE OF TEXAS " COUNTY 'OF - NUECES r THIS AGREEMENT, MADE ANA 4NTERED INTO THIS THE 9TH DAY OF SEPTEM®ER, '� °i• F 19511, BY AND DETWEEN THE CITY OF CORPUS CHRISTI$ TEXAS, A MUNICIPAL CORPORAL TIOH, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY AUTHORIZED TO ACT, HEREINAFTEt CALLIED THE "CITY ", AND PAGE, SOUTHERLAND, PAGE & WHITTFT,.' " • ARCHITECTS, A PARTNERSHIP COMPOSED or L6UtS,C. PAGE, LOUIS F. SOUTHERLAND,, GEORGE M. PAGE AND WILLIAM t, WHITTET, OF CORPUS CHRISTI, TEXAS, OMINAFTCR -- CALLED THE "ARCHITECT ", WITNESSETHs THAT WHEREAS, THE CITY INTENDS TO CONSTRUCT A MUSEUM BUILDING IN THE city OF CORPUS CHRISTI, TEXAS9 NOW, THEREFORE, THE CITY AND-T"m ARCHITECT, FOR THE CONSIDERATION HEREINAFTER NAMED, AGREE AS FOLLOWS: THE ARCHITECT ,AGREES TO PERFORM, FOR THE ABOVE NAMED WORK, PRO- FESSIONAL SERVICES AS HEREINAFTER SET FORTH,, THE CITY AGREES TO PAY THE'ARCHITECT FOR SUCH SERVICES SEVEN PER • CENT (7%) OF THE COST OF THE WORK, SAID BASIC RATE TO BE CALCULATED UPON THE ESTIMATED ACTUAL COST UNTIL SUCH TIME AS THE ACTOW Cb5T DF THE CON- STRUCTION HAS BEEN DETERMINED BY THE LETTING OF A CONTRACT,,FROM ANb AFTER WHICH DATE XHE ACTUAL COST OF CONSTRUCTION AS DETERMINED QT THE CON- , TRACT PRICE }HALL BE USED AS THE COST OF THE WORK. THE PARTIES FURTHER'AGREE TO THE FOLLOWING CONDI.TLO.Nit (1) THE ARCNITECTIS SERV_lCES. THE ARCHITECTIS PROFESSIONAL _ SERVICES CONSIST OF THE NECESSARY CONFERENCES, THE PREPARATION OF PRELIM'- ' a - -- - ` • INAhV STUDIES, WORKING DRAWINGS, SPECIFICATIONS, LARGE SCALE AND FULL SIZE •t; DETAILED DRAWINGS FOR ARCHITECTURAL, STRUCTURAL, PLUMBING, ELECTRICAL, AND HEATING, VENTILATING, AND AIR CbMDIT10NING; THE DRAFTING OF FORMS OF PRO- y POSALS AND CONTRACT; THE CHECKING OF SHOP DRAWINGS; THE ISSUANCE OF CERTI- FICATES OF,PAYMEtIT; THE KEEPING OF ACCOUNTS, THE GENERAL ADMINISTRATION OF THE BUSINESS AND SUPERVISION Of, THE WORK. THE CITY REPRESENTS THAT IT HAS BUDGETED FOR CONSTRUCTION - PURPOSES THE SOM OF FOUR-HUNDRED THOUSANti DOLLARS :' x r a (#400,000.00), NOT INCLUDING THE COST OF THE ARCHITECTti FEE AND IN,ANY - EVENT THE MAXIMUM FEE TO BE PAID THE ARCHITECT HEREUNDER SHALL BE SEVEN PER CENT (7%) OF THE SAID SUM. THE DESIGN OF THE BUILDING SHALL BE SUCH THAT THE COST THEREOF WILL NOT EXCEED THE AMOUNT ALLOCATED BY THE CITY f.OR ITS ' rCON37RUC,TION, PROVIDED THAT THE CITY SHALL ADVERTISE FOR BIDS'WITHIN NINE MONTHS AFTER THE ARCHITECT SUBMITS FINAL PLANS TO THE,CITY. THE ARCHITECT SHALL HAVE COMPLETE PLANS AND SPECIFICATIONS READY FOR THE CITY TO ADVERTISE FOR BIDS WITHIN SIX (6) MONTHS AFTER THE APPROVAL OF THE PRELIMINARY PLANS BY THE -CITY. PRELIMINARY PLANS WILL BE FURNISHED IN 120 DAYS FROM THE EXECU- TION OF THIS CONTRACT. , (2) PAYMENTS. -- PAYMENTS TO THE ARCHITECT ON ACCOUNT OF HIS FEE SHALL BE MADE AS FOLLOWS: (A) UPON COMPLETION OF THE PRELIMINARY STUDIES AND PRESENTATION TO THE CITY Of PRELIMINARY PLANS,AND SKETCHES AND APPROVAL BY THE CITY OF SUCH PRELIMINARY PLANS AND SKETCHES, A SUM EQUAL TO TWENTY -FIVE PERCENT (250) OF THE BA31C RATE COMPUTED UPON A REASONABLE ESTIMATED COST; (B) UPON COMPLETION OF SPEC IFICATIONS AND GENERAL WORKING - DRAWINGS INCLUDING DETAILED PLANS AND SPECIFICATIONS, LARGE SCALE AND FULL SIZE DETAILED DRAWINGS, AND THE DRAFTS OF FORMS AND PROPOSALS OF CONTRACTS, AND ACCEPTANCE AND APPROVAL OF THE-SAME BY THE,CITY, AN ADDITIONAL SUM EQUAL TO FIFTY PERCENT OF SAID BASIC RATE SHALL BE PAYABLE TO THE ARCHITECT', ONE -HALF OF WHICH SHALL BE PAID UPON ACCEPTANCE AND APPROVAL, AND THE REMAINING ONE�HALF OF WHICH 3HALL BE PAID AT THE TIME OF THE AWARD- ING OF THE CONTRACT, WITH THE ADJUSTMENT OF THE ENTIRE BASIC FEE TO THE AMOUNT OF THE AWARD FROM THE AMOUNT OF THE ESTIMATE. SIN THE EVENT NO CON- TRACT IS AWARDED WITHIN NINETY (90) DAYS FROM THE DATE OF ACCEPTANCE.AND APPROVAL OF THE PLANS AND SPECIFICATIONS, THEN THE BALANCE OF SAID -2- . ° FIFTY PER CENT � / SNAIL BE PAID TO THE ARCHITECT'ON THE OASIS Of THE E$TI -- MATE. IN THE EVENT THE LOWEST ACCEPTABLE BID EXCEEDS THE ESTIMATED,CORT •AND. ' ` THE CITY ELECT$ TO-REVISE THE PLANS FOR FURTHER ADVERTISING FOR BIDS,, THC ARCHJTECT SHALL CONFER VITH THE CITY AND HAKE SUCH REVISION AS It SATIS- FACTORY TO THE CITY FOR THE RE- ADVERTISING FOR'BIOS AND THE 90-DAY PERIOD FOR FINAL PAYMENT OF THE BALANCE OF THE 501 SHALL COMMENCE TO RUN FROM THE DATE Of THE ACCEPTANCE AND APPROVAL OF THE REVISED PLANS AND SPECIFICATIONS. (C) TWENTY -Five PERCENT (25X) OF SAID BASIC FEE SHALL BE PAID IN INSTALLMENTS BY WAY OF MONTHLY PAYMENTS IN AMOUNTS BASED ON THE CONSTRUC TIOH ESTIMATES AND EACH PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON THE CONSTRUCTION- WHICH WILL BE THE SANE AS THE SUM OF TWENTY -FIVE PERCENT ` (Z5�} OF SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST, UNTIL'ALL OF SAID TWENTY -FIVE PERCENT (25$) OF SAID fE£ SHALL -HAVE BEEN PAID. (b) WD DEDUCT,IOHS SHALL BE MADE FROM THE ARCHITECTI$ FEE ON ACCOUNT OF PENALTY, LIQUIDATED DAMAGE$, OR OTHER SUM WITHHELD FROM PAYMENTS TO CONTRACTPRS. ' (3) THE CITY RESERVES THE RIGHT TO TERMINATE THIS CONTRACT AT ANY TIME WITH OR WITHOUT CAUSE. IN THE EVENT OF SUCH TERMINATION THE ' ARCHtTECT WILL BE PAID A SUM PROPORTIONATE TO,THE STAGE OF COMPLEAON OF , THE PHASE OF WORK IN WHICH HE 13 THEN ENGAGED.' UPON SUBMISSION BY THE ARCHITECT OF THE PRELIMINARY PLANSp OUTLINE SPECIFICAV ONS, AND PRELIMINARY ESTIMATE OF COST# THE CITY MAY ELECT TO TERMINATE THE eERY-10ES Of THE• ARCHITECT, IN WHICH EVENT ONE AND THREE- QUARTERS'PER CENT {1 -���� OF THE PRELIMINARY ESTINAY$ OF COST WILL BE THE ONLY COMPENSATION TO BE .PAID. THE ARCHITCCT'WILL NOT PROCEED WITH DEVELOPMENT Of WORKING DRAIIIHOS AND SPECIFICATIONS UNTtL AUTHORIZED IN WRITING BY THE DIRECTOR OF PUBLIC WORKS. SINILARLY, THE CITY MAY ELECT TO TERMINATE THE SERVICES OF THE ARCHITECT ' UPON SHE ACCEPTANCE OF THE COMPLETED PLANS AND SPECIFICATIONS, INlVHIC" twENT' THE TOTAL COMPENSATION DUE AND PAYABLE TO THE ;ARCHITECT WILL BE FIVE AND ONE- - QUARTER PERCENT (5 -t�4�) OF THE ESTIMATED CONSTRUCTION COST IH THC EVENT NO I CONTRACT IS LET. IN THE EVENT BID$ ARE TAKEN AND THE CITY ELBCTS NOT TO PRO" CEED FURTHER.UITH THE PROJECTS THE FEE WILL BE ADJUSTED TO FIVE AND ONE - QUARTER � PERCENT i IF Of THE VALUE OF THE LOWEST BID OR fiYE AND ONE- QbARTER' PERCENT OF THE ESTIMATED COST, WHICHEVER 13 THE LESSER AMOUNT. IV THE CITY SHALL DE$IGNAT6, AND, $0 FAR AS THE WORK UNDER THIS AGREEMENT MAY REQUIRE, FURNISH THE ARCHITECT WITH THE FOLLOWING INFORMAT►ONI A COMPLETE AND ACCURATE SURVEY OF.TH£ BUILDING SITE, GIVING THE GRADES AND, LIMES OR STREET$, PAVEMENTS, AND ADJOINING P'ROPERTIESJ THE R1dHTt, RE• , t SYRICTIO Ot EASEMENTS, TENTATIVE DOUNDARIES, AND CONTOURS OF THE BUILOIN0,, ' SITE.- THE CITY iS TO PAY FOR 1SORING3 OR TEST PITS AND FOR CHEMICAL,•MECHANI- - t CAL, OR OTHER TESTS 'WHEN REQUIRED. ; 1 V )F THE ARCHITECT IS ASSIGNED 'THE SUIIERV1310N OF THE CONSTRUCTION, HE AGREES TO UTILI1E THE-MECHANItAL, ELECTRICAL, AND STRUCTURAL ENOINEERINO STAFF OF NI$ FIRM FOR THE GENERAL SUPERVISION THROUGHOUT THE CONSTRUCTION _•GF THE BUILDING AND, IN ADDITION, FOR FINAL INSPECTION. THE ARCHITECT WILL GUARD THE CITY AdAINST DEFECTS AND DEFICIENCIES IN THE WORK OF GONTRACT603, BUT HE DOES NOT GUARANTEE THE PERFORMANCE10F THEIR CONTRACTS. 'WEH REQUESTED TO OO SO THE ARCHITECT WILL FURNISH PRELIMINARY ESTIMATES ON THE COST OF THE WORK, OUT HE DOES NOT GUARANTEE THE ACCURACY OF SUCII ESTINATES. Vil THE COST OF THE WORK, AS HENEIN- REFERRED To, NEARS THE COST TO THE CITY,. BUT SUCH GO3T SHALL NOT INCLUDE ANY ARCHITECTS OR ENGINEERS FEES.' THE- COST INCLUDES THE BUILDING AND ALL ITS 14ECHANICAL EQUIPMENT, ALL UINOR SITE IMPROVEMENTS WCEPT LANDSCAPIHO), 9U14Tr1N EQUIPNCNT, AND EQUIPMENT TO 6E INSTALLED JSY THE GENERAL CONTRACTOR. THE COST DOES NOT INCLUDE 110YABLE OR FREE STANDING EQUIPMENT, FURNISHINGS OR FIXTURES, BUT THE ARCHITECT AGREES TO A031ST IN THESEi.ECT10N OF SUCH EQUIPMENT WITHOUT ,COMPENSATION. VIII THE ARCHITECT SMALL PROVIDE TEN (10) SETS OF COMPLETE WORKING DRAWINGS AND TWENTY (20) SETS OF SPECIFICATONS COVERING THE WORK, INCLUDING PROPOSAL FORMS AND SPECIAL INSTRUCTIONS TO BIDDERS, FOR QCNERAL Oi$TRIOUTiON TO ALL PROSPECTIVE QUALIFIED BIDDERS, WHO MAY SECURE A COPY THEREOF BY COMO PLYING WITH THE TERMS SET OUT IN SAID SPECIAL INSTRUCTIONS F09 OBTAINING SAME- THE ARCHITECT SHALL FURNISH TO THE CITY, UPON COMPLETION OF SAID PROJECTI OR UPON THE TERMINATION OE THIS CONTRACT AS- HEREIM PROVIDED, IN A SUITABLE CQNTAINER.FOR FiLING'iN THE OFFICE OF THE DIRECTOR OF'WUOLIC WORKS OF THE CITY, THE ORIGINAL TRACINGS OR OTHER P031TIYE PRINTING$, FROM WHICH REPRODUCTIONS MAY PE MADE OF ALL DESIGNS ANO DRALIINGS, TOGETHER WITH A ` CORRECT AND LEGIBLE SET' OF SPEQIFICATIONSJ AND ALL SUCH DESIGNS, DRAWINGS - AND SPECIFICATIONS PREPAAiDi BY. THE ARCHITECT PURSUANT TO THIS CONTRACT y • SHALL BELONG. TO THE CITY. ANY AND ALL CORRECTIONS, ALTERATIONS,, OR AMEND- MENTS TO THE PLANS MADE DURING THE PERIOD OF CONSTRUCTION 3HALL'BE SHOWN ' ON THE FINAL SET OF PLANS AND SPECIFICATIONS SO At TO REFLECT TRUE PLANS ' AND SPECIFICATIDNS OF THE BUILDING AS SU14Te. Ix .THE ARCHITECT SHALL NOT ASSIGN,.QR TRANSFER ANY INTEREST IN THIS "CONTRACT WITHOUT THE PRIOR WRITTNE CONSENT OF THE CITY. x TH€ ARCHITECT SHALL FURBISH THE DOCUMENTS AND PERSONALLY RENDER " OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TIKES AS MAY BE NECESSARY TO INSURE THE* ?ROMPT AND CONTINUOUS PkOSCCU- -TION OF tHi: WORK OF DESIGNING AND CONSTRUCTING THE PROJECT] AND IT It UNDQR- STOOD THAT ALL DESIGNS AND ,DETAILS OF DESIGNING ARE 3UBJECT TO THE 'APPROVAL , OF,THC CITY,, AND UNTIL ACCEPTANCE ,OF THE RESULTS OF SERVICES THERE SHALL. BE NO LiABILiTY ON THE PART dF THE CITY FOR SUCH SERVICES. - �t xl THE ARCHITECT AGREES THAT THE EXECUTION OF THIS CONTRACT TERMINATES n+`"• THE CONTRACT BETWEEN THE CORPUS CHRISTI XUStUM AND THE ARCHITECT AND THE CORPUS CHRISTI 14USEU14 WILL NOT BE OBLIGATED IN ANY WAY FOR ANY°EXPENSCITHAT RESULTED FROM THE CONTRACT BETWEEN THE CORPUS CHRISTI MUSEUM AND THE ` ARCHITECT. x1l THE CITY AGREES TO ASSUME THE,CONTRACTURAL LIABILITY INCURRED , BY.THE, CORPUS CHRISTI MUSEUM AS A RESULT OF PRELIMINARY OLANNING, CON- '" SULTATON, TRAVEL AND RESEARCH THAT OCCURRED PRIOR TO THE BOND ELECTION. THE CONTRACTURAL LIABILITY 6F THE CITY IS tINIiEO TO THE TERMS AS SET FORTH IN THIS CONTRACT. IN TESTIMONY WHEREOF WITNESS'OUR HANDS IN OUPLICATE, EACH OF - -WHICH SHALL BE CGNS►DEREO AN ORIGINALA ON THE DAY AMP THE YEAR FIRST -ABOVE WRITTEN. THE CITY OF CORPUS CHRISTI, 'TEXAS ATTEST: BY HERBERT W. WHITNEY CITY MANAGER _ . -ITV SECRETARY - ' APPROVED AS TO LEGAL FORM THIS DAY OF OCTOBER, 1964: CITY ATTORNEY PAGE, SOUTHERLAND, PAGE Q U"ITTET BY (RECTOR OF FINANCE PARTNER ' I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 207 $28,500 � Project No. 207 -64-5 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. RECTOR OF F CE I. . . n s_ CORPUS CHRISTI, TEXAS 1 DAY OF l9Lo TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD .JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO INGiVOTE: JAMES L. BARNARD JAMES H. YOUNG ca JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO cdo W. J. ROBERTS W. H. WALLACE, JR. A