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HomeMy WebLinkAbout09544 ORD - 11/05/1969R d a IMS:JKH:il -5 -69 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH BENNETT, MARTIN AND SOLKA, ARCHITECTS, FOR THE PURPOSE OF PLANNING AND CONSTRUCTING A MUNICIPAL SWIMMING POOL, AT A LOCATION TO BE DESIGNATED BY THE CITY, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING OUT OF GENERAL FUND 102 THE SUM OF $8,000 FOR THE AFORESAID ARCHITECTS' FEES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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 ENTER INTO AN ARCHITECTURAL AGREEMENT WITH BENNETT, MARTIN AND SOLKA, ARCHITECTS, FOR THE PURPOSE OF PLANNING AND CONSTRUCTING A MUNICIPAL SWIMMING POOL, AT A LOCATION TO BE DESIGNATED BY THE CITY A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF N0. 102 GENERAL FUND THE SUM OF $8,000 FOR THE AFORESAID ARCHITECT'S FEES. SECTION 3. THE NECESSITY TO IMMEDIATELY APPROPRIATE THE ABOVE SUMS AND TO AUTHORIZE THE EXECUTION OF THE CONTRACT WITH THE ARCHITECTS IN ORDER THAT THE PROJECT MAY BE COMMENCED AND CONCLUDED AT THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES- SITY 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 COUNCJL, 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,-5--DAY OF NOVEMBER, 1969. ATTEST: //, V" - l CITY SeCRIET Y APPRQVED: DAY OF NOVEMBER, 1969: CITY ATTORNEY Y THE CITY OF CORPUS CHRISTI, TEXAS 9544 i vMP:I /23/70 9s44 THE STATE OF TEXAS ! KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THIS AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, R. MARVIN TOWNSEND, HEREINAFTER CALLED "CITY ", AND BENNETT, MARTIN AND SOLKA, A PARTNERSHIP COMPOSED OF RALPH BENNETT, JOHN MARTIN AND JACK SOLKA, HEREINAFTER CALLED "ARCHITECTS ": W I T N E S S E T H WHEREAS, THE CITY CONTEMPLATES THE CONSTRUCTION OF A MUNICIPAL SWIMMING POOL TO BE LOCATED AT A LOCATION DESIGNATED BY THE CITY, IN CORPUS CHRISTI, TEXAS, AND IN CONNECTION THEREWITH EMPLOYS THE SAID ARCHITECTS, AND SAID CITY AND SAID ARCHITECTS AGREE AS FOLLOWS: 1. ARCHITECTS AGREE TO PREPARE ALL PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS NEEDED AND REQUIRED FOR THE CONSTRUCTION OF SAID SWIMMING POOL OF A SIZE TO BE AGREED UPON BY THE ARCHITECT AND CITY AFTER THE SCHEMATIC DESIGN PHASE HAS BEEN COMPLETED, AND APPURTENANCES, INCLUDING WADING POOL, STORAGE AREA, TOILET FACILITIES, CASHIER AND CONCESSION AREA AND FURNISH THE USUAL CONTRACT ADMINISTRATION AND SUPER- VISION DURING CONSTRUCTION. SUCH FACILITIES SHALL BE ECONOMICALLY DESIGNED. ARCHITECTS WILL ASSIST IN TABULATION AND ANALYSIS OF BIDS AND FURNISH RECOMMENDATIONS ON THE AWARD OF CONSTRUCTION CONTRACT, PRO- VIDE ADMINISTRATION OF THE CONSTRUCTION AS THE SAME PROGRESSES, INCLUDING CONSULTATION AND ADVICE TO SAID CITY DURING CONSTRUCTION, AND PREPARE MONTHLY AND FINAL ESTIMATES FOR PAYMENT TO THE CONTRACTOR. THE SAID CITY AGREES TO PROVIDE EXISTING TOPOGRAPHIC INFORMATION PERTAINING TO THE SITE, INFORMATION ON SANITARY SEWER LINES AND OTHER UTILITY LINES, SOIL TESTS AND BORINGS AS REQUIRED FOR THE DESIGN OF THE POOL. 2. ARCHITECTS SHALL BE PAID BY CITY AS COMPENSATION IN FULL FOR THEIR SERVICES A BASIC FEE OF 8.75% OF THE FINAL PROJECT CONSTRUC- TION COST. FIFTEEN PERCENT (15 %) OF THE BASIC FEE SHALL BE PAID UPON COMPLETION AND ACCEPTANCE OF THE SCHEMATIC DESIGN STUDY AND SHALL BE BASED ON THE ESTIMATED CONSTRUCTION COST. AUTHORIZATION FROM THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH THE PREPARATION OF FINAL WORKING PLANS AND SPECIFICATIONS AND UPON COMPLETION AND ACCEPTANCE THEREOF AN ADDI- TIONAL 65% OF SAID BASIC FEE SHALL BE PAID. THE REMAINING 20% OF SAID BASIC FEE SHALL BE PAID UPON COMPLETION AND ACCEPTANCE OF THE PROJECT. THE FINAL BASIC FEE SHALL BE BASED UPON THE FINAL CONSTRUCTION COST. NO DEDUCTIONS SHALL BE MADE FROM ARCHITECTS' FEE ON ACCOUNT OF PENALTY, LIQUI- DATED DAMAGES OR ANY SUM WITHHELD FROM PAYMENTS TO THE CONTRACTOR. NO ADDITIONS SHALL BE MADE TO ARCHITECTS' FEE ON ACCOUNT OF HIGHER CONSTRUC- TION COST OF POOL DUE TO CONTRACTOR OVERTIME OR BONUSES AS A RESULT OF CITY'S REQUIREMENT OF JUNE 1, 1970, COMPLETION DATE. 3. ARCHITECTS SHALL PROVIDE FIVE (5) SETS OF COMPLETE WORKING DRAWINGS AND FIVE (5) SETS OF SPECIFICATIONS COVERING THE WORK, INCLUDING PROPOSAL FORMS AND SPECIAL INSTRUCTIONS TO BIDDERS. THE ARCHITECTS SHALL ALSO PROVIDE DRAWINGS FOR THEIR OWN USE AND FOR CITY'S REVIEW AND APPROVAL. ADDITIONAL COPIES, IF REQUESTED BY CITY SHALL BE FURNISHED AT ARCHITECTS' COST OF REPRODUCTION TO BE PAID BY CITY. ARCHITECTS SHALL FURNISH TO CITY, UPON COMPLETION OF SAID PROJECT, THE ORIGINAL TRACINGS AND 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 DRAWINGS AND SPECIFICATIONS PREPARED BY ARCHITECTS PURSUANT TO THIS CONTRACT SHALL BELONG TO CITY. ANY AND ALL CORRECTIONS, ALTERATIONS OR AMENDMENTS TO THE PLANS MADE DURING THE CONSTRUCTION SHALL BE SHOWN ON THE FINAL SET OF PLANS AND SPECIFICATIONS SO AS TO REFLECT TRUE PLANS AND SPECIFICATIONS OF THE PROJECT AS BUILT. 4. ARCHITECTS SHALL FURNISH THE DOCUMENTS AND PERSONALLY RENDER OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH PRIORITY AS MAY BE NECESSARY TO INSURE THE PROMPT AND CONTINUOUS PROSECUTION OF THE WORK OF DESIGNING AND CONSTRUCTING THE PROJECT. CITY DESIRES TO HAVE THE POOL IN OPERATION NO LATER THAN JUNE 1, 1970. IT IS UNDERSTOOD THAT ALL DESIGNS AND DETAILS OF DESIGNING ARE SUBJECT TO APPROVAL OF THE CITY, AND UNTIL ACCEPTANCE OF THE RESULTS OF SERVICES THERE SHALL BE NO LIABILITY ON THE PART OF THE CITY FOR SUCH SERVICES. -2- i 5. CITY SHALL HAVE THE OPTION OF TERMINATING THIS CONTRACT AT ANY TIME AND THE FEES OF ARCHITECTS SHALL BE THE FEE DUE FOR SUCH STAGE OR STAGES AS ARE COMPLETED; AND IN THE EVENT TERMINATION OCCURS AFTER REQUEST OF THE CITY TO PROCEED WITH THE NEXT STAGE BUT BEFORE SUCH STAGE IS COMPLETED, THE PAYMENT DUE THE ARCHITECTS SHALL BE THE PAYMENT HEREIN PROVIDED FOR THE STAGE COMPLETED AND A PERCENTAGE OF THE UNCOMPLETED STAGE COMMENSURATE WITH THE PERCENTAGE OF COMPLETION OF THAT STAGE. IN TESTIMONY WHEREOF, WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, ON THIS THE DAY OF JANUARY, 1970. ATTEST: CITY SECRETARY APPROVED: DAY OF JANUARY, 1970: CITY ATTORNEY DIRECTOR OF FINANCE CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND CITY MANAGER ARCHITECTS Corpus Christi, Texas $� day of��m , 19'�r 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 Council; I, 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. Cam/ V. A. "Dicic"Bradley, Jr. Eduardo E. de Ases Ken McDaniel y� W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. _ 4� Eduardo E. de As es Ken McDaniel W. J. iWrangler" Roberts . Ronnie Sizemore � .