HomeMy WebLinkAbout08656 ORD - 11/08/1967TEXAS.
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SWANSON, HIESTER,'WILSON AND BOLAND
FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE
DESIGN OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF
A MUNICIPAL SERVICE CENTER LOCATED IN AN AREA BOUNDED
BY SACKY STREET, HOLLY ROAD, AYERS STREET AND RICHTER
STREET, DESIGNATED AS PROJECT NO. 207 -64 -3; APPROPRIATING
OUT OF NO. 207 PUBLIC BUILDING BOND FUND THE SUM OF
$15,000 FOR PAYMENT OF ARCHITECTURAL FEES; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A
CONTRACT WITH SWANSON, HIESTER, WILSON AND BOLAND FOR ARCHITECTURAL SERVICES
IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION
OF A MUNICIPAL SERVICE CENTER LOCATED IN AN AREA BOUNDED BY SACKY STREET,
HOLLY ROAD, AYERS STREET AND RICHTER STREET, A COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 207 PUBLIC
BUILDING BOND FUND THE SUM OF $15,000 FOR PAYMENT OF ARCHITECTURAL FEES,
APPLICABLE TO PROJECT NO. 207 -64 -3.
SECTION 3. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE
AFOREMENTIONED CONTRACT WITHOUT DELAY, IN ORDER THAT THE ARCHITECTS MAY
COMMENCE WORK AT ONCE, 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 THAT SUCH PUBLIC EMERGENCY AND
NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED
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 NOVEMBER, 1967.
ATTEST: i
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CITY SECRETARY
THE CITY OF CORPUS CHRISTI, TEXAS
APP LD AS TO LEGAL FORM THIS
DAY OF NOVEN®ER, 1967:
A2�1-Zq�- 18656
CITY TTORNEY
IMS :HR:11 -10 -67
AGREEMENT
THE STATE OF TEXAS j
COUNTY OF NUECES j
THIS AGREEMENT MADE THIS THE I DAY OF NOVEMBER, 1967, BY
AND BETWEEN THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED THE OWNER, AND
SWANSON, HIESTER, WILSON AND BOLAND, OF 525 GLAZEBROOK, CORPUS CHRISTI,
TEXAS, A FIRM OF ARCHITECTS, ENGINEERS AND PLANNERS, HEREINAFTER CALLED
ARCHITECT:
WITNESSETH•
THAT OWNER AND ARCHITECT, FOR THE CONS I DERATI ONSHERE I NAFTER SET
FORTH, AGREE THAT ARCHITECT SHALL PROVIDE A MASTER PLAN FOR A..CENTRAL
SERVICE CENTER, TO BE LOCATED IN THEOAREA BOUNDED BY SACKY STREET, HOLLY
ROAD, AYERS STREET AND RICHTER STREET, HEREINAFTER CALLED THE PROJECT, WITH
THE OPTION OF THE OWNER TO EMPLOY THE ARCHITECT TO FURNISH DETAILED PLANS,
CONSTRUCTION DOCUMENTS, FURNISH GENERAL ADMINISTRATION OF CONSTRUCTION AS
HEREINAFTER PROVIDED:
ARTI CLE 1
FOR THE SERVICES OF THE ARCHITECT IN PREPARING SUCH MASTER PLAN,
-THE CITY WILL BE BILLED FOR THE TIME REQUIRED FOR THIS WORK, WITH HOURLY
COST COMPUTED AS PROVIDED IN SEC. A, AND OTHER SERVICES AS IN SEC. B.
A. TWO AND ONE -HALF (2 1/2) TIMES THE DIRECT PERSONNEL EXPENSE AS
DEFINED IN ARTICLE 7 HEREINAFTER. IN COMPUTING DIRECT PERSONNEL EXPENSE,
PRINCIPALS TIME SHALL BE COMPUTED AT $6.00 PER HOUR, AND EMPLOYEES' TIME SHALL
BE AT THEIR REGULAR RATE OF PAY PLUS NORMAL BENEFITS. IN ADDITION TO SAID HOUR-
LY COST, WHICH IN ALL EVENTS WILL NOT EXCEED $4,200.00, ARCHITECT SHALL BE RE-
IMBURSED FOR THE COST OF PROFESSIONAL COLOR RENDERINGS,,THE PRINTING OF
BROCHURES, AND TRANSPORTATION COSTS TO VISIT SERVICE CENTERS IN OTHER CITIES,
PROVIDED SUCH COSTS ARE FIRST AUTHORIZED BY THE CITY. THE COST OF LODGING
-AND -MEALS OF PERSONNEL ON ANY TRIPS TO OTHER CITIES WILL BE THE EXPENSE OF
ARCHITECTS.
'B. SHOULD ARCHITECT BE EMPLOYED BY THE CITY IN CONNECTION WITH THE
CONSTRUCTION OF ANY PORTION OF THE CENTRAL SERVICE CENTER, THE ARCHITECT'S
FEES SHALL BE SIX PERCENT (6 %) OF CONSTRUCTION COST CALCULATED FIRST UPON
ESTIMATE AND CORRECTED BY ACTUAL COST. UPON COMMENCEMENT OF ARCHITECT S
SERVICES FOR CONSTRUCTION PROJECTS ADMINISTERED BY ARCHITECT IN THE CENTRAL
SERVICE CENTER, THE PLANNING FEE FOR THE MASTER PLAN WOULD BE CREDITED TO
THE ARCHITECTURAL FEE AT THE RATE OF .05"5 OF THE CONSTRUCTION COSTS I.E.
FOR EVERY $100,000.00 OF CONSTRUCTION ADMINISTERED BY ARCHITECT THE CREDITS
WILL BE 500.00.
ARTICLE II
ARCHITECT'S BASIC SERVICES
FOR MASTER PLAN PHASE
A. THE ARCHITECT SHALL CONSULT WITH THE OWNER TO ASCERTAIN THE
REQUIREMENTS OF THE PROJECT AND SHALL CONFIRM SUCH REQUIREMENTS TO THE
OWNER.
B. HE SHALL PREPARE SCHEMATIC DESIGN STUDIES LEADING TO A RECOM-
MENDED SOLUTION TOGETHER WITH A GENERAL DESCRIPTION OF THE PROJECT FOR
APPROVAL BY THE OWNER.
C. HE SHALL SUBMIT TO THE OWNER A STATEMENT OF PROBABLE PROJECT
CONSTRUCTION COST BASED ON CURRENT AREA, VOLUME OR OTHER UNIT COSTS.
D. THE ARCHITECT SHALL PREPARE FROM THE APPROVED SCHEMATIC'DESIGN
STUDIES THE DESIGN DEVELOPMENT DOCUMENTS CONSISTING OF PLANS, ELEVATIONS
AND OTHER DRAWINGS, AND OUTLINE SPECIFICATIONS TO FIX AND ILLUSTRATE THE
SIZE AND CHARACTER OF THE ENTIRE PROJECT IN ITS ESSENTIALS AS TO KINDS OF
MATERIALS TYPE OF STRUCTURE, MECHANICAL AND ELECTRICAL SYSTEMS AND SUCH
OTHER WORK AS MAY BE REQUIRED.
E. HE SHALL SUBMIT TO THE OWNER A FURTHER STATEMENT OF PROBABLE
PROJECT CONSTRUCTION COST.
ARCHITECT WILL FURNISH SUCH ADDITIONAL SERVICES AS REQUESTED BY
OWNER IN CONNECTION WITH DEVELOPMENT OF THE MASTER PLAN AND IF PAYMENT OTHER
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THAN THE HOURLY COST IS TO BE BILLED TO OWNER FOR SUCH ADDITIONAL SERVICES
OR ANY PART THEREOF, ARCHITECT WILL BEFORE PERFORMING SUCH SERVICES, FURNISH
WRITTEN ESTIMATE OF COST THEREOF TO BE BILLED TO OWNER.
ARTICLE III
ARCHITECT'S BASIC SERVICES FOR PREPARATION
OF CONSTRUCTION DOCUMENT AND GENERAL
ADMINISTRATION OF CONSTRUCTION
A. THE ARCHITECT SHALL PREPARE FROM THE APPROVED DESIGN DEVELOP-
MENT DOCUMENTS, WORKING DRAWINGS AND SPECIFICATIONS SETTING FORTH IN DETAIL
THE WORK REQUIRED FOR THE ARCHITECTURAL, STRUCTURAL, MECHANICAL, ELECTRICAL,
SERVICE - CONNECTED EQUIPMENT, AND SITE WORK, AND THE NECESSARY BIDDING
INFORMATION, GENERAL CONDITIONS OF THE CONTRACT, AND SUPPLEMENTARY GENERAL
CONDITIONS OF THE CONTRACT, AND SHALL ASSIST IN THE DRAFTING OF PROPOSAL
AND CONTRACT FORMS.
B. HE SHALL KEEP THE OWNER INFORMED OF ANY ADJUSTMENTS TO PREVIOUS
STATEMENTS OF PROBABLE PROJECT CONSTRUCTION COST INDICATED BY CHANGES IN SCOPE,
REQUIREMENTS OR MARKET CONDITIONS.
C. HE SHALL BE RESPONSIBLE FOR FILING THE REQUIRED DOCUMENTS TO
SECURE APPROVAL OF GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OVER THE
DESIGN OF THE PROJECT.
D. THE ARCHITECT SHALL ASSIST THE OWNER IN OBTAINING PROPOSALS
FROM CONTRACTORS AND IN AWARDING AND PREPARING CONSTRUCTION CONTRACTS.
E. TO THE EXTENT PROVIDED BY THE CONTRACT BETWEEN THE OWNER AND
THE CONTRACTOR, HE SHALL MAKE DECISIONS ON ALL CLAIMS OF_THE OWNER AND
CONTRACTOR AND ON ALL OTHER MATTERS RELATING TO THE EXECUTION AND PROGRESS
OF THE WORK OR THE INTERPRETATION OF THE CONTRACT DOCUMENTS.' HE SHALL CHECK
AND APPROVE SAMPLES, SCHEDULES, SHOP DRAWINGS AND OTHER SUBMISSIONS ONLY FOR
CONFORMANCE WITH THE DESIGN CONCEPT OF THE PROJECT AND FOR COMPLIANCE WITH
THE INFORMATION GIVEN BY THE CONTRACT DOCUMENTS, PREPARE CHANGE ORDERS AND
ASSEMBLE WRITTEN GUARANTEES REQUIRED OF THE CONTRACTORS.
F. HE WILL MAKE PERIODIC VISITS TO THE SITE TO FAMILIARIZE HIMSELF
GENERALLY WITH THE PROGRESS AND QUALITY OF THE WORK AND TO DETERMINE IN
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GENERAL IF THE WORK IS PROCEEDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS.
HE WILL NOT BE REQUIRED TO MAKE EXHAUSTIVE OR CONTINUOUS ON -SITE INSPECTIONS
TO CHECK THE QUALITY OR QUANTITY OF THE WORK AND HE WILL NOT BE RESPONSIBLE
FOR THE CONTRACTORS' FAILURE TO CARRYOUT THE CONSTRUCTION WORK IN ACCORDANCE
WITH THE CONTRACT DOCUMENTS. DURING SUCH VISITS AND ON THE BASIS OF HIS
OBSERVATIONS WHILE AT THE SITE, HE WILL 'KEEP THE OWNER INFORMED OF THE
PROGRESS OF THE WORKS WILL ENDEAVOR TO GUARD THE OWNER AGAINST DEFECTS AND
DEFICIENCIES IN THE WORK OF CONTRACTORS, AND HE MAY CONDEMN WORK AS FAILING
TO CONFORM TO THE CONTRACT DOCUMENTS. BASED ON SUCH OBSERVATIONS AND THE
CONTRACTORS' APPLICATIONS FOR PAYMENT, HE WILL DETERMINE THE AMOUNT OWING
TO THE CONTRACTOR AND WILL ISSUE CERTIFICATES FOR PAYMENT IN SUCH AMOUNTS.
THESE CERTIFICATES WILL CONSTITUTE A REPRESENTATION TO THE OWNERS BASED ON
$UCH OBSERVATIONS AND THE DATA COMPRISING THE APPLICATION FOR PAYMENT THAT
THE WORK HAS PROGRESSED TO THE POINT INDICATED. BY ISSUING A CERTIFICATE
FOR PAYMENT, THE ARCHITECT WILL ALSO REPRESENT TO THE OWNER THAT TO THE
BEST OF HIS KNOWLEDGE INFORMATION AND BELIEF BASED ON WHAT HIS OBSERVATIONS
HAVE REVEALED THE QUALITY OF THE WORK IS IN ACCORDANCE WITH THE CONTRACT
DOCUMENTS. HE WILL CONDUCT INSPECTIONS TO DETERMINE THE DATES OF SUBSTANTIAL
AND FINAL COMPLETION AND ISSUE A FINAL CERTIFICATE FOR PAYMENT.
G. IF MORE EXTENSIVE REPRESENTATION AT THE SITE IS REQUIRED, THE
CONDITIONS UNDER WHICH SUCH REPRESENTATION SHALL BE FURNISHED AND A PROJECT
REPRESENTATIVE SELECTED, EMPLOYED AND DIRECTED, SHALL BE AGREED TO BY THE
OWNER AND THE ARCHITECT AND SET FORTH IN AN EXHIBIT TO THIS AGREEMENT.
H. ALTERNATE BIDS FOR PORTIONS OF CONSTRUCTION OR ALTERNATE TYPES
OF MATERIALS WILL BE PREPARED BY ARCHITECT UPON REQUEST OF OWNER.
FIVE COPIES OF CONSTRUCTION PLANS AND TWENTY -FIVE COPIES OF SPECI-
FICATIONS WILL BE FURNISHED BY ARCHITECTS EACH INCLUDING A DRAFT OF FINAL
CONSTRUCTION CONTRACT.
ALL PLANS AND SPECIFICATIONS SHALL BE THE PROPERTY OF THE CITY
AND A CORRECTED SET OF AS -BUILT CONSTRUCTION PRINTS SHALL HE FURNISHED THE
CITY UPON COMPLETION OF ANY CONSTRUCTION PHASE.
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ARTICLE IV
ARCHITECT'S ADDITIONAL SERVICES
THE FOLLOWING SERVICES CAUSE THE ARCHITECT EXTRA EXPENSE. IF ANY
OF THESE SERVICES ARE AUTHORIZED IN WRITING BY THE OWNER THEY SHALL BE PAID
FOR BY THE OWNER AS A MULTIPLE OF DIRECT PERSONNEL EXPENSE:
DIRECT PERSONNEL EXPENSE WHICH SHALL BE PAID FOR BY OWNER AT THE
RATE OF Z 1/2 TIMES THE DIRECT PERSONNEL EXPENSE AS DEFINED IN ARTICLE VII
HEREOF:
A. MAKING PLANNING SURVEYS AND SPECIAL ANALYSES OF THE OWNER'S
NEEDS TO CLARIFY REQUIREMENTS OF THE PROJECT.
B. CONSULTATION CONCERNING REPLACEMENT OF ANY WORK DAMAGED BY FIRE
OR OTHER CAUSE DURING CONSTRUCTION AND FURNISHING PROFESSIONAL SERVICES OF
TFIE TYPES SET FORTH IN ARTICLE III ABOVE AS MAY BE REQUIRED IN CONNECTION
WITH THE REPLACEMENT OF SUCH WORK.
C. ARRANGING FOR THE WORK TO PROCEED SHOULD THE CONTRACTOR DEFAULT
DUE TO DELINQUENCY OR INSOLVENCY.
ARTICLE V
OWNER'S RESPONSIBILITY
A. THE OWNER SHALL PROVIDE FULL INFORMATION AS TO HIS REQUIREMENTS
FOR THE PROJECT.
B. HE SHALL DESIGNATES WHEN NECESSARY REPRESENTATIVES AUTHORIZED
TO ACT IN HIS BEHALF. HE SHALL EXAMINE DOCUMENTS SUBMITTED BY THE ARCHITECT
AND RENDER DECISIONS PERTAINING THERETO PROMPTLY, TO AVOID UNREASONABLE DELAY
IN THE PROGRESS OF THE ARCHITECT'S WORK. HE SHALL OBSERVE THE PROCEDURE OF
ISSUING ORDERS TO CONTRACTORS ONLY THROUGH THE ARCHITECT.
C. HE SHALL FURNISH OR DIRECT THE ARCHITECT TO OBTAIN AT THE
OWNER'S EXPENSE, A CERTIFIED SURVEY OF THE SITES GIVING, AS REQUIRED, GRADES
AND LINES OF STREETS ALLEYS PAVEMENTS AND ADJOINING PROPERTY; RIGHTS OF
WAYS RESTRICTIONS EASEMENTS ENCROACHMENTS, ZONINGS DEED RESTRICTIONS,
BOUNDARIES AND CONTOURS OF THE BUILDING SITE; LOCATIONS DIMENSIONS AND
COMPLETE DATA PERTAINING TO EXISTING BUILDINGS, OTHER IMPROVEMENTS AND TREES;
FULL INFORMATION AS TO AVAILABLE SERVICE AND UTILITY LINES BOTH PUBLIC AND
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PRIVATE; AND TEST BORINGS AND PITS NECESSARY FOR DETERMINING SUBSOIL
CONDITIONS.
D. HE SHALL PAY FOR STRUCTURAL CHEMICAL, MECHANICAL SOIL
MECHANICS OR OTHER TESTS AND REPORTS IF REQUIRED.
ARTICLE VI
PROJECT CONSTRUCTION COSTS
A. PROJECT CONSTRUCTION COST AS HEREIN REFERRED TO MEANS THE
TOTAL COST OF ALL WORK DESIGNED OR SPECIFIED BY THE ARCHITECT, BUT DOES
NOT INCLUDE ANY PAYMENTS MADE TO THE ARCHITECT OR CONSULTANTS.
B. PROJECT CONSTRUCTION COST SHALL BE BASED UPON ONE OF THE
FOLLOWING SOURCES WITH PRECEDENCE IN THE ORDER LISTED:
1. LOWEST ACCEPTABLE BONA FIDE CONTRACTOR'S PROPOSAL
RECEIVED FOR ANY OR ALL PORTIONS OF THE PROJECT.
2. SEMI- DETAILED OR DETAILED ESTIMATE OF PROJECT CONSTRUCTION
COST AS DEFINED IN PARAGRAPH D BELOW.
3. THE ARCHITECTS LATEST STATEMENT OF PROBABLE PROJECT
CONSTRUCTION COST BASED ON CURRENT AREAS VOLUME OR OTHER-UNIT
COSTS.
C. WHEN LABOR OR MATERIAL IS FURNISHED BY THE OWNER, THE PROJECT
CONSTRUCTION COST SHALL NOT INCLUDE SUCH LABOR OR MATERIAL.
D. IF A FIXED LIMIT OF PROJECT CONSTRUCTION COST IS STATED HEREIN,
OR IF OTHERWISE AUTHORIZED BY THE OWNERS ESTIMATES OF THE PROBABLE PROJECT
CONSTRUCTION COST PREPARED IN SEMI- DETAILED OR DETAILED FORM BY AN EXPERIENCED
ESTIMATOR WILL BE SECURED BY THE ARCHITECT DURING THE DESIGN DEVELOPMENT OR
CONSTRUCTION DOCUMENTS PHASE,
E. IF THE STATEMENT OF PROBABLE PROJECT CONSTRUCTION COST, OR THE
SEMI- DETAILED OR DETAILED COST ESTIMATE, OR THE LOWEST BONA FIDE PROPOSAL FS
IN EXCESS OF ANY LIMIT STATED HEREIN OR FIXED BY THE OWNERS THE OWNER SHALL
GIVE WRITTEN APPROVAL OF AN INCREASE IN THE LIMITS OR HE SHALL COOPERATE IN
REVISING THE PROJECT SCOPE OR QUALITY, OR BOTH TO REDUCE THE COST AS REQUIRED.
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F. SINCE THE ARCHITECT HAS NO CONTROL OVER THE COST OF LABOR AND
MATERIALS, OR COMPETITIVE BIDDING HE DOES NOT GUARANTEE THE ACCURACY OF ANY
STATEMENTS OF PROBABLE CONSTRUCTION COST, OR ANY SEMI- DETAILED OR DETAILED
COST ESTIMATES.
G. THE ARCHITECT SHALL NOT CHARGE THE OWNER A FEE FOR EQUIPMENT
THAT IS PURCHASED DIRECTLY BY THE OWNER OR FURNISHED BY THE OWNER UNLESS THE
OWNER HAS REQUESTED IN WRITING THE PLANNING RESEARCH AND SELECTION OF TYPE
OF SUCH EQUIPMENT, IN WHICH CASE THE FEE FOR SUCH SERVICES WILL BE TWO PERCENT
(2%) OF THE COST OF SUCH EQUIPMENT.
ARTICLE VII
DIRECT AND REIMBURSABLE EXPENSES
A. DIRECT PERSONNEL EXPENSES WHICH SHALL BE PAID FOR BY ARCHITECT
INCLUDES THAT OF PRINCIPALS AND EMPLOYEES ENGAGED ON THE PROJECT INCLUDING
ARCHITECTS ENGINEERS, DESIGNERS JOB CAPTAINS DRAFTSMEN SPECIFICATION
WRITERS TYPISTS AND PROJECT REPRESENTATIVES IN CONSULTATION, RESEARCH,
DESIGNING, PRODUCING DRAWING, SPECIFICATIONS AND OTHER DOCUMENTS PERTAINING
TO THE PROJECTS AND SERVICES DURING CONSTRUCTION AT THE PROJECT SITE.
B. REIMBURSABLE EXPENSE INCLUDES ACTUAL EXPENDITURES MADE BY THE
ARCHITECT IN THE INTEREST OF THE PROJECT FOR THE FOLLOWING INCIDENTAL EXPENSES:
1. EXPENSE OF TRANSPORTATION OF PRINCIPALS AND EMPLOYEES
WHEN TRAVELING IN CONNECTION WITH THE PROJECT:
Z. ADDITIONAL REPRODUCTION OF DRAWINGS AND SPECIFICATIONS
IN EXCESS OF THOSE AGREED TO BE FURNISHED UNDER ARTICLE III
ABOVE AND EXCLUDING COPIES FOR ARCHI-TECT'S OFFICE USE,
3. FEES PAID FOR SECURING APPROVAL OF AUTHORITIES HAVING
JURISDICTION OVER THE PROJECTS IF ANY,
4. IF AUTHORIZED IN ADVANCE BY THE OWNER, THE EXPENSE OF
PROJECT REPRESENTATIVES OVERTIME WORK REQUIRING HIGHER THAN
REGULAR RATES, PERSPECTIVES OR MODELS FOR THE OWNERS USE,
5. IF THEIR EMPLOYMENT IS AUTHORIZED IN ADVANCE BY THE
OWNER, FEES OF SPECIAL CONSULTANTS, FOR OTHER THAN THE NORMAL
STRUCTURALi MECHANICAL AND ELECTRICAL ENGINEERING SERVICES.
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ARTICLE VIII
PAYMENTS TO THE ARCHITECT
A. PAYMENTS ON ACCOUNT OF THE ARCHITECT'S BASIC SERVICES SHALL
BE .R—FOLLOWS:
1. UPON THE COMPLETION OF MASTER PLAN PHASES THE TOTAL COST
OF SERVICES SHALL BE BILLED TO THE-CITY;
Z. FOR SUCH CONSTRUCTION PLANS AND WORK AS IS AUTHORIZED BY
CITY PAYMENT SHALL BE MADE MONTHLY IN PROPORTION TO SERVICES
PERFORMED WITH SUCH FINAL PAYMENT UPON COMPLETION OF EACH
PARTICULAR PHASE OF THE WORK SO AS TO PROVIDE FOR COMPENSATION
FOR BASIC SERVICES FOR EACH PHASE AS FOLLOWS:
JAI SCHEMATIC DESIGN PHASES 15%
B DESIGN DEVELOPMENT PHASEI 35 %j�'
C CONSTRUCTION DOCUMENTS PHASE �
D RECEIPT OF BIDS,s80%; .AND
(E) CONSTRUCTION PHASE, 100%.
B. PAYMENTS FOR ADDITIONAL SERVICES OF THE ARCHITECT AS DEFINED
IN ARTICLE 4 ABOVE, AND FOR REIMBURSABLE EXPENSE AS DEFINED IN ARTICLE V11,
PARAGRAPH B, SHALL BE MADE MONTHLY UPON PRESENTATION OF ARCHITECTS DETAILED
INVOICE.
C. NO DEDUCTION SHALL BE MADE FROM THE ARCHITECT'S COMPENSATION
ON ACCOUNT OF PENALTY, LIQUIDATED DAMAGES OR OTHER SUMS WITHHELD FROM
PAYMENTS TO CONTRACTORS.
D. IF ANY WORK DESIGNED OR SPECIFIED BY THE ARCHITECT DURING ANY
PHASE OF SERVICE IS ABANDONED OR SUSPENDED IN WHOLE OR IN PARTS THE ARCHITECT
IS TO BE PAID FOR THE SERVICE PERFORMED ON ACCOUNT OF IT PRIOR TO RECEIPT OF
WRITTEN NOTICE FROM THE OWNER OF SUCH ABANDONMENT OR SUSPENSION, TOGETHER
WITH REIMBURSEMENTS THEN DUE AND ANY TERMINAL EXPENSE RESULTING FROM
ABANDONMENT OR SUSPENSION FOR MORE THAN THREE MONTHS.
E. RECORDS OF THE ARCHITECT'S DIRECT PERSONNEL, CONSULTANT AND
REIMBURSABLE EXPENSE PERTAINING TO THIS PROJECT AND RECORDS OF ACCOUNTS
BETWEEN THE OWNER AND CONTRACTOR SHALL BE KEPT ON A GENERALLY RECOGNIZED
ACCOUNTING BASIS AND SHALL BE AVAILABLE TO THE OWNER OR HIS AUTHORIZED
REPRESENTATIVE AT MUTUALLY CONVENIENT TIMES.
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ARTICLE IX
THE CITY RESERVES THE RIGHT TO TERMINATE THIS CONTRACT AT ANY
TIME WITH OR WITHOUT CAUSE. IN THE-EVENT OF SUCH TERMINATION, THE ARCHI-
TECT WILL BE PAID A SUM PROPORTIONATE TO THE STATE OF COMPLETION OF THE
PHASE OF WORK IN WHICH HE IS ENGAGED.
ARTICLE X
THE OWNER AND THE ARCHITECT EACH BINDS HIMSELF HIS PARTNERS
SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES TO THE OTHER PARTY TO THIS
AGREEMENT AND TO THE PARTNERS SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES
OF SUCH OTHER PARTY IN RESPECT OF ALL COVENANTS OF THIS AGREEMENT. NEITHER
THE OWNER NOR THE ARCHITECT SHALL ASSIGN, SUBLET OR TRANSFER HIS INTEREST
IN THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF THE OTHER.
ARTICLE XI
THE ARCHITECT SHALL FURNISH TO THE CITY UPON COMPLETION OF SAID
PROJECTS OR UPON THE TERMINATION OF THIS CONTRACT AS HEREIN PROVIDED, THE
ORIGINAL TRACINGS OR OTHER POSITIVE PRINTINGS FROM WHICH REPRODUCTIONS MAY
BE MADE OF ALL DESIGNS AND DRAWINGS TOGETHER WITH A CORRECT AND LEGIBLE
SET OF SPECIFICATIONS; AND ALL SUCH DESIGNS DRAWN AND SPECIFICATIONS PREPARED
BY THE ARCHITECT PURSUANT TO THIS CONTRACT SHALL BELONG TO THE CITY. THEY
ARE NOT TO BE USED ON OTHER PROJECTS EXCEPT BY AGREEMENT IN WRITING.
ARTICLE XII
COMPLETION OF MASTER PLAN PHASE SHALL BE WITHIN SIX (6) WEEKS FROM
THE DATE THIS CONTRACT IS EXECUTED. THE DESIGNS AND PLANS FOR THE CONSTRUCTION
PHASE, IF AUTHORIZED OF THE SERVICE REQUIRED UNDER THIS CONTRACT SHALL BE
COMPLETED WITHIN NINETY (90) DAYS FROM THE WRITTEN NOTICE FROM THE DIRECTOR
OF PUBLIC WORKS OF THE OWNER.
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JN- WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
THE DAY AND YEAR FIRST ABOVE WRITTEN.
ATTEST: CITY OF CORPUS CHRISTI
BY:
CITY SEFRETARY HERBERT W. WHITNE
CITY MANAGER
APPROVED AS TO LEGAL FORM THIS
DAY OF NOVEMBER, 1967: ---.-- ----------
......... .m_:..
CITY ATTORNEY - �•C i, S: -i „f .'
DIRECTOR OF FINANCE SWANSON, HIESTER, WILSON'AND BOLAND
ATTEST: BY:
THE STATE OF TEXAS j
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND
AS THE ACT AND DEED OF SAID CITY.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THEJZ!�&_DAY OF
NOVEMBER, 1967.
/ �'' /x&z'- AWL
NOTARY PUBLIC IN AND FOR NUECE COUNTY,
TEXAS
THE STATE OF TEXAS ] MRS. LOU VARGO
Nota.y Public, In end [ac Nooses Comty, Tend
COUNTY OF NUECES ]
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED , KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION AND IN THE
CAPACITY THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
NOVEMBER, 1967.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
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November 2. 1967
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 Rublic Rnilding %nd T+imd
Project No. 207 -64 -3 $15,000
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
r
DIRECT F FINANCE
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CORPUS CHRISTI, TEXAS
DAY OF GJ 19L7-
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC 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 INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MAY R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE_
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR. .LL"
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS�_
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
JACK R. BLACKMON
BONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR. alLd
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS