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Home My WebLink About08568 ORD - 08/23/1967im VMP:8/21/67 Y TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER,'FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH WALTER E. WILDE FOR ARCHITECTURAL SERVICES AS REQUIRED IN CONNECTION WITH PROPOSED CONSTRUCTIO-NA T LA RETAMA LIBRARY, APPLICABLE TO PROJECT NO. 207 -64 -b, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF N0. 207 PUBLIC BUILDING BOND FUNS THE SUM OF $1 .350 TO COVER COST OF THE PREr LIMINARY REPORT;-AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ARCHITECTURAL AGREEMENT WITH WALTER E. WILDE FOR ARCHITECTURAL SERVICES AS REQUIRED IN CONNECTION WITH PROPOSED CONSTRUCTION AT LA RETAMA LIBRARY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, APPLI- CABLE TO PROJECT N0. 207 -64 -6. SECTION 2. THAT THE SUM OF $1,350 BE, AND THE SAME IS HEREBY, APPROPRIATED OUT OF NO. 207 PUBLIC BUILDING BOND FUNDS TO COVER THE COST OF THE PRELIMINARY REPORT. SECTION 3. THAT THE NECESSITY TO AUTHORIZE THE IMMEDIATE EXECU- TION OF THE ABOVE DESCRIBED AGREEMENT FOR ARCHITECTURAL SERVICES AND THE NECESSITY TO APPROPRIATE THE NECESSARY FUNDS TO COVER THE COST OF SUCH SERVICES IN ORDER THAT PLANS FOR THE PROPOSED CONSTRUCTION AT LA RETAMA LIBRARY MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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 `G &pIAY OF AUGUST, 1967. AT"TES SECRET Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS 0 LEGAL FORM S THE DA OF AUGUST, 1967: CITY ATTO NEY VMP:p�Glw( • - - - AGREEMENT THE STATE OF TEXAS j COUNTY OF NUECES' T' THIS AGREEMENT, MADE AND ENTERED INTO THIS THE, DAY OF AUGUST, 1967, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY AUTHORIZED- TO ACT, HEREINAFTER CALLED THE "CITY", AND WALTER E. WILDE, ARCHITECT, Of CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED THE "ARCHITECT", W I T N E S S E T H THAT WHEREAS, THE CITY PROPOSES CERTAI* CONSTRUCTION AT LA RETAMA LIBRARY IN THE CITY OF CORPUS CHRISTI, TEXAS: NOW, THEREFORE, THE CITY AND THE ARCHITECT, FOR THE CONSIDERATION HEREINAFTER NAMED, AGREE AS FOLLOWS: ' THE ARCHITECT AGREES TO PERFORM, FOR THE ABOVE NAMED WORK, PRO - FE33IONAL SERVICES AS HEREINAFTER SET FORTH. THE CITY AGREES TO PAY THE ARCHITECT FOR SUCH SERVICES TEN PER CENT (10%Y OF THE COST OF THE WORK, SAID BA31C RATE,TO BE CALCULATED UPON ` THE ESTIMATED ACTUAL CO3T UNTIL SUCH TIME AS THE ACTUAL COST OF THE CON- STRUCTION HAS BEEN DETERMINED BY THE LETTING OF A CONTRACT, FROM AND AFTER WHICH DATE THE ACTUAL CO3T -OF CONSTRUCTION AS DETERMINED BY THE CONTRACT PRICE $HALL BE USED AS THE COST OF THE WORK. 111 THE PARTIES FURTHER AGREE TO THE FOLLOWING CONDITIONS; (1) THE ARCHITECT'S SERVICES. THE ARCHITECT'S PROFESSIONAL SERVICES CONSIST OF THE NECE33ARY CONFERENCES, THE PREPARATION OF'PREL'IM- (NARY STUDIES, WORKING DRAWING3, SPECIFICATIONS, LARGE SCALE AND FULL SIZE —DETAILED DRAWINGS FOR ARCHITECTURAL, STRUCTURALp'PLUMBINOI _ELECTRICALS AND •HEATING, VCNTILATING,-AND AIR.CONOI'lIQNING; THE DRAFTING OF FORMS'r OF•PRO- - - POSAL3. AND CONTRACT; `THE' CHECKI?I OF SHOP ,DRAWI,NG3; THE ISSUANCE. OF'CERTI- }, FICATES ?OF PAYMENT; THE KEEPING OF'ACCOUNTS,, THE GENERAL ADMINISTRATION OF_ °• 4 THE BUSINESS AND SUPERVISION OF THE •VORK:4 THE ARC14 TECT� WHEN AUTHORIZED TO PROCEED WITH 'P,REPARATION' OF WORKING PLANS SHALL`HAVE COMPLETE'P•LAN3 AND - ` SPECIFICATIONS READY FOR THE CITY TO ADVERTISE FOR 111 03 WITHIN THREE MONTHS AFTER THE APPROVAL OF TH Er PRELIMINARY PLANS BY •THE CITY. PRELI MIN- ARY PLANS WILL'8E_FURNI3HED_ IN GO DAYS FROM -T -THE EXECUTION OFH13 CONTRACT, -. PAYMENTS.r �� PAYMENTS TO THE ARCHITECT ON _ACCOUNT OF 'HIS °FEE - "' SHALL BE MADE AS FOLLOWS' '(A) ,UPON COMPLETION OF THE PRELIMINARY 3TUDIES AND PRE3ENTA -'•' TtON•TO THE'CITY,OF PRELIMINARY,PLANS AND•3KETCHE3�`A LUMP SUM OF y1•,350 - SHALL, 8E PAID, SAIO•SUM TO.BE._INCLUDED,IN-TOTAL FEE IF PROJECT IS AUTH OR ZEO T AFTER ACCEPTANCE OF PRELIMINARY PLANS. , (B) WHEN AUTHORIZED TO PROCEED 'UPON COMPLETION OF'3PECIFICA- ' TIONS AND GENERAL WORKING DRAWINGS INCLUDING.DETAI LED 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 3ANE'8Y THE CITY• AN ADDITIONAL ADDITI ONAL SUN SUFFICIENT -TO INCREASE THE yTOTAI AMOUNT DUE .TO SEVENTY FIVE ; PERCENT,(75%) OF SAID BASIOZRATE PASEO ON-ESTIMATED PRELIMINARY COSTS,_3HALL - -_ �• r BE PAYABLE TO THE ARCH•ITECT�.ONE- ONE WHICH SHALL BE PAID.0 ►ON ACCEPTANCE " •AND- APPROVALS AND THE REMAINING ONE - HALF -OF 'WNICH'SHALL-BE,PAID AT THE "TIME ' OF THE'AWARDING OF THE CONTRACTS WITH jryE ADJUSTMENT' OF THE ENTIRE BA310 FEE_; - -- ?O THE AMOUNT or THE AWARD FROM THE AMOUNT OF:THE-E3TIMATE.;�IN THE, EVENT NO CONTRACT 13 AWARDED WITHIN NINETY (9Oi DAYS FROM THE O_A7E. OF ACCEPTANCE AND APPROVAL OF THE PL_'AH_S A SF?ECI_FICA710NS�- HEN THE #BALANCE =0F SAID'SEYENTY. "t �'FIVE`PERCENT (75A) -SHALL BE PAID TO iNE ARCHITECT, N THE BASIS OF THE ESTIMATE: _ _ - • IN THE EVENT. THE LOWEST ACCEPTABLE -BID 'VC EEDS' Lt1E¢'ESTIMATED CO3_T AND THE CITY, - ELECTS TO REVISE THE PLANS FOR FURTHER ADVERTISING FOR -BIDS, THE ARCHITECT '`• SHALL CONFER WITH THE CITY'AND HAKE SUCH REVISION {A'.3 13 3AT13FACTORY`TO -THE--, ry ,y CITY FOR THE RE- ADVERT131NG FOR 8103 AND THE 90 -DAY PERIOD,FOR FINAL PAYMENT , • s; Of THE BALANCE OF THE - %%,SHALL COMMENCE TO RUN FROM THE PATE OF THE ACCEPTANCE. - - AND APPROVAL OF THE REVI3ED -PLANS AND,3PEC1FICAT1ON3.' _ ` 2 - al (0 AFTER AWARD, OF A CONSTRUCTION CONTRACT- AND DURING THE ._ - CONSTRUCTION- PHASE, TWENTY -FIVE PERCENT (25%) OF $AID•BASIC_FEE SHALL`�BE,�.;_ -," "~ PAID IN INSTALLMENTS BY WAY OF MONTHLY PAYMENTS IN'AMOUNT3 BASED SON THE CON .•- •STRUCYION ESTIMATES AND EACH PAYMENT SHALL BEAR A RELATION TO.TME AMOUNT PAID, ` ON THE CONSTRUCTION WHICH WILL'SE THE.SAME AS TYE SUM OF•- TWENTY -FIVE ,PERCENT - OF 3AID`FEE BEARS -TO °THE TOTAL CONSTRUCTION COST, UNTIL ALL`OF_ -SAID - TWENTY —FIVE PERCENT (25 %) OF SAID •FEE SHALL HAVE BEEN PAID..a° •4,(D).'NO DEDUCTIONS SHALL BE MADE.-FROM,THE °ARCHITECT4S�FEE ON ACCOUNT--,', ` a OF PENALTY, L'IGUIDATED DAMAGES, OR OTHER'SUM'WITHHELD FROM PAYMENTS TO CONTRACTORS. °- • „ (3) THE CITY; RESERVES'THE RIGHT.TO TERMINATE THIS-CONTRACT AT'ANY'T1ME; ' - -y WITH OR WITHOUT CAUSE. AN -THE EVENT OF SUCH TERMINATION THE ARCHITECT 'WILL' BE., u` ' +, PAID A SUM PROPORT10NATE-TO THE STAGE OF COMPLETION OF THE PHASE OF WORK IN � .• r WHICH HE,'I3'THEN ENGAGED. UPON SUBMISSION BY -THE ARCHITELT•OF THE PRELIMINARY , ' PLANS, OUTLINE 3P£CIFICATION3,`AND PRELIMINARY ESTIMATE OF COST'- THE_CITY MAY-,' ELECT 70 TERMINATE THE SERVICES OF THE ARCHITECT;IN WHICH EVENT -THE TOTAL' FEE " ` SHALL eE 1,350._. THE ARCHITECT ,WILL.NOT PRO CEED=WIT" DEVELOPMENT OF WORKING - ' DRAWINGS ,AND SPECIFICATIONS UNTIL AUTHORIZED'A N WRITING'BY4THE DIRECTOR OFR' —. PUBLIC WORKS.- SIMILARLY, THE CITY -MAY ELECT-TO TERMINATE THE'3ERVICES OF_THE • ARCHITECT -UPON THE ACCEPTANCE'OFTHE COMPLETEDPLANS AND SPECIFICATIONS, - IN ,. WHICH EVENT THE TOTAL COMPENSATION DUE AND•PAYABLE TO THE ARCHITECT WILL BE "- - SEVEN AND ONE —HALF PERCENT Q 1/2%) OF THE-ESTIMATED CONSTRUCTION COST AN THE , EVENT NO CONTRACT IS LET.-_ IN THE-EVENT BIDS �ARE ;TAKEN FAND THE CITY--ELECTS NOT ` �"TO 'PROCEED FURTHER WISTH THE PROJECT,.THE FEE-WILL BE ADJUSTED •TO'SEVEN AND ONE- .'- - ' HALF, PERCENT, �� \7 1'124),'OF ,`'EHE "VALUE'SF,THE LOWEST- $ID OR YSEVEN AND O_NEi-HAL6� - PERCEN7ie`�7'_1�2�) OF THE ESTIMATED'COST, WHICHEVER IS THE LE31ER _ IF THE ARCHITECT IS ASSIGNED THE'SUPERV IONgOF~7NE CONSTRUCTION, HE- THE _ im = AGREES TO UTILIZE THE MECHANICAL ELECTRICAL,` AND•TRUCTURAL'ENGINEERING STAFF - -'�- ",3 - - x OF HIS FIRM FOR-THE GENERAL SUPERVISION THROUGHOUT THE- CONSTRUCTION,OF THE r • -� BUILDING AND, IN ADDITION, FOR FINAL'-INSPECTION. -THE ARCHITECT WILL- ,GUARD ". THE•CITY AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS, BUT'•.- - HE DOES NOT-GUARANTEE THE PERfORMANCE;'OF THEIR CONTRACTS..• ;; vI WEN REQUESTED TO 40 SO THE ARCHITECT WILL FURNISH PRELIMINARY 4 ` ESTIMATES ON THE CO§T.OF THE,WORK,`B4T HE DOES NOT GUARANTEE,THE ACCURACY OF SUCH ESTIMATES. - - ,':..•,s - '. Vil - =THE COST OF �THE`WORK,"AS'HEREI N REFERRED TO, MEANS THE�COSTjTO - THE CITY, BUT SUCH CO3T SHALL NOT INCLUDE ANY ARCHITECTS OR ENGINEERS 'FEES; ._ THE COST INCLUDES,THE'BUIt.D, Gj,ANO�Att iTSYMECHAItCAL EQUIPMENT, ALL MINOR _ - ' SITE IMPROVEMENTS (EX CEPT' LANDSCAPING)-j BUI LY -IN EQUIPMENT, AND EQUIPMENT TO BE INSTALLED BY THE'GENERAL'CONTRACTOR.� THE COST DOES NOT )NGLUDE =MOVABLE =- OR FREE STANDING- $QUIPMENT, FURNISHINGS -OR FIXT6RF5' BUT THE`ARCH�7EC7 AGREES" TO`ASSIST�IN THE SELECTION OF SUCH EQUIPMENT WITHOUT COMPENSATION. vill ., THE ARCHITECT SHALL PROVIDE TEN (10).3ETS OF, COMPLETE WORKI N6' DRAW- , INGS AND TWENTY (20) 3M-OF,SPECI•FICATIONS',COVERINQ THE WORK, INFLUDING - PROPOSAL FORMS AND SPECIALLINSTRUCTLONS TO'BIDDERS, FOR GENERAL DISTRIBUTION TO ALL PROSPECTIVE QUALIFIED BIDDERSp WHO MAYY3ECULiE A COPY THEREOF SY'COM- PLYING WITH, THE TERMS SET OUT IN-SAID, SPECIAL INSTRUCTIONS,FORi,OBTAtNING "SAME. T 1 ¢ • :. .._ - - THE ARCHi TECT.SHALL FURNISH TO,THE CITY, UPON COMPLETION OF SAID ` PROJECT, OR UPON THE TERMINATION-OF THIS,CONTRACT AS HEREIN- PROVIOEDj- IN A SUITABLE CONTAINER FQR FILING IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS - ~OF THE CI TYS••THE ORIGINAL TRACINGS OR OTHER POSITIVE PRINTINGS, FROM 'WHICH REPRODUCTIONS MAY SE,14ADE3 OF ALL DESIGNS AND DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS; AND All. SUCH- DESIGNS,'ORAWINGS AND SPECIFICATIONS PREPARED BY THE ARCHITECT PURSUANT TO THIS CONTRACT SMALL ' BELONG TO THE CITY. ANY AND ALL CORRECTIONS, ALTERATIONS, OR AMENDMENTS TO TAE -PLANS LADE DURING THE 'PERIOD OF CONSTRUCTIQN'§HALL_BE SHOWN ON THE FINAL'' ' Y .SET OF PLANS AND SPECIFICATIONS $O AS--TO'REFLECT TRUE PLANS AND SPECPFICA= TIONS'OF THE BUILOtNG AS BUILT. - . = THE ARCHITECT SHALL".NOT�ASSIGN OR TRANSFER ANY INTEREST,,IN THIS CONTRACT WITHOUT THE PRIOR WRITTEN ^CONSENT OFD -TFI,E CITY.- - - THE'ARCHITECT SHALL FURNISH THE DOCUMENTS AND PERSONALLY RENDER ' OR PROVIDE ,THE SERVICES REQUIRED'BY THIS CONTRACT IN SUCK SEQUENCE AND AT- - ' - - SUCH TIMES AS MAY BE NECESSARY TO ,ENSURE THE.PROMPT AND CONTINUOUS'. PROS ECU- TIQN OF THE WORK OF,DESIGNIN6 AND CONSTRUCTING TH� PROJECT, AND IT IS UNDER- STOOD THAT,ALL DESIGNStAND D£TpIL! OF DESIGNING ARE' SUBJECT•.TOyTHE APPROVAL, OF THE CITY, AND UNTIL ACCEPTANCE OF THE RE3OLTS OF;9ERVICES THERE SHALL w __ BE NO LIABILITY ON THE PART -OF THE rCI TY >FOR SUCH SERVICES.. .. E IN TESTIMONY WHEREOF, WITNESS OUR' HANDS•lN DUPLICATE, .EACH OF'_ti _ WHICH SHALL DE CONSIDERED AN ORIGINAL, ON ;THE DAY AND THE YEAR FIRST ABOVE - r WRITTEN. ,5 • H� , -- - - -," .. - , "THE CITY OF•CORPUS CHRISTI, TEXAS ATTEST: .. _ BY.' ' HER ,W. WHITNEY - ` - - - CITY MANAGER r t - CITY,SECRETARY' a APPROVED AS TO LEGAL FORM THI$ DAY OF AUGUST, 1967: CITY - ATTORNEY m = - DIRECTQR OF FINANCE; _WALTER E. WI LDE 'ARCHITECT CORPUS CHRISTI, TEXAS DAY OF- j9M? . TO THE MEMBERS OF THE CITY COUNCIL . CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUOLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL, BE PASSED FINALLY ON THE DATE IT IS INTRODUICED, AND THAT SUCH ORDINANCE OR � °• RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI -, NANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, , A THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLA CKhION BONNIE S12EMORE V. A. "DICK" BRADLEY, JR. , J. A. °JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN hTCDANI EL THE ABOVC ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M. D. GABE LOZANO, SR. KEN McDANI EL 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 Public Building Project No 207 -64 -6 $1,350-00 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRE t 7INANCE r