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HomeMy WebLinkAbout09743 ORD - 05/13/1970JKH:5 -13 -10 -- AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PAGE, SOUTHERLAND, PAGE AND WHITTET FOR ARCHITECTURAL SERVICES, INCLUDING THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE CORPUS CHRISTI MUSEUM BUILDING NO. 2; APPROPRIATING OUT OF NO. 299 SPECIAL PROJECTS FUND THE SUM OF $35,000 FOR PAYMENT OF SAID ARCHITECTURAL AND RELATED SERVICES, ALL IN CONNECTION WITH PROJECT NO. 299 -70-2, CORPUS CHRISTI MUSEUM BUILDING NO. 2; 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 TO EXECUTE A CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH PAGE, SOUTHERLAND, PAGE AND WHITTET FOR ARCHITECTURAL SERVICES, INCLUDIN- THE DESIGN OF PLANS AND SPECIFICA- TIONS FOR THE CORPUS CHRISTI MUSEUM BUILDING NO. 2, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 299 SPECIAL PROJECTS FUND THE SUM OF $35,000 FOR PAYMENT OF THE AFORESAID ARCHITECTURAL AND RELATED SERVICES, ALL IN CONNECTION WITH PROJECT NO. 299 -70-2, CORPUS CHRISTI MUSEUM BUILDING NO. 2; PROVIDED, HOWEVER, THAT ALL SUCH PAYMENTS FOR SAID ARCHITECTURAL AND RELATED SERVICES SHALL BE MADE BY THE CITY ONLY AFTER RECEIPT OF A LIKE AMOUNT OF CASH FROM THE CORPUS CHRISTI MUSEUM BOARD OF TRUSTEES. SECTION 3. THE NECESSITY TO AUTHORIZE THE AFORESAID CONTRACT AND TO PROVIDE THE NECESSARY FUNDS IN ORDER THAT THE PROJECT MAY BE BEGUN WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 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 AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTEDIHAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM 9172 AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 19$46 DAY OF MAY,- 1970- ATTEST: A CI Y E C!R TAR' 7 APPROVED: __L3 DAY OF MAY, 1970: CITY AtTOR'WEY THE CITY OF CORPUS CHRISTI, TEXAS vMP:5 /11/70 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, MADE AND ENTERED INTO AS OF THE DAY OF , 1970, BY ACID 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 PAGE, SOUTHERLAND, PAGE & WHITTET, ARCHITECTS, A PARTNERSHIP COMPOSED OF LOUIS C. PAGE, LOUIS F. SOUTHERLAND, GEORGE M. PAGE AND WILLIAM S. WHITTET, OF CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED THE "ARCHITECT', W 1 T N E S S E T H: THAT WHEREAS, THE CITY INTENDS TO CONSTRUCT AN ADDITION TO THE CORPUS CHRISTI MUSEUM AT A SITE NORTH OF THE PRESENT MUSEUM AND EAST OF MESQUITE STREET AT THE LOCATION APPROVED BY THE CITY COUNCIL AS A PART OF THE PRELIMINARY PLANS: NOW, THEREFORE, THE CITY AND THE ARCHITECT, FOR THE CONSIDERA- TION HEREINAFTER NAMED, AGREE AS FOLLOWS: THE ARCHITECT AGREES TO PERFORM, FOR THE ABOVE NAMED WORK, PROFESSIONAL SERVICES AS HEREINAFTER SET FORTH. THE CITY AGREES TO PAY THE ARCHITECT FOR SUCH SERVICES SEVEN PERCENT (7 %) OF THE COST OF THE WORK, SAID BASIC RATE TO BE CALCULATED UPON THE ESTIMATED ACTUAL COST UNTIL SUCH TIME AS THE ACTUAL COST OF THE CONSTRUCTION HAS BEEN DETERMINED BY THE LETTING OF A CONTRACT, FROM AND AFTER WHICH DATE THE ACTUAL COST OF CONSTRUCTION AS DETERMINED BY THE CONTRACT PRICE SHALL BE USED AS THE COST OF THE WORK. III THE PARTIES FURTHER AGREE TO THE FOLLOWING CONDITIONS: (1) THE ARCHITECT'S SERVICES - THE ARCHITECTS PROFESSIONAL SERVICES CONSIST OF THE NECESSARY CONFERENCES, THE PREPARATION OF PRELIMINARY STUDIES, WORKING DRAWINGS, SPECIFICATIONS, LARGE SCALE AND FULL SIZE DETAILED DRAWINGS FOR ARCHITECTURAL, STRUCTURAL, PLUMBING, ELECTRICAL, AND HEATING, VENTILATING, AND AIR CONDITIONING; THE DRAFTING OF FORMS OF PROPOSALS AND CONTRACT; THE CHECKING OF SHOP DRAWINGS; THE ISSUANCE OF CERTIFICATES OF PAYMENT; THE KEEPING OF ACCOUNTS, AND THE GENERAL ADMINISTRATION OF THE CONTRACT. THE CITY REPRESENTS THAT IT HAS BUDGETED FOR CONSTRUCTION PUR- POSES THE SUM OF FOUR HUNDRED FIFTY THOUSAND COLLARS ($450,000), NOT INCLUDING THE COST OF THE ARCHITECT'S FEE AND IN ANY EVENT THE MAXIMUM FEE TO BE PAID THE ARCHITECT HEREUNDER SHALL BE SEVEN PERCENT (7p) 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 FOR ITS CONSTRUCTION, PROVIDED THAT THE CITY SHALL ADVERTISE FOR BIDS WITHIN NINE (9) MONTHS AFTER THE ARCHITECT SUBMITS FINAL PLANS TO THE CITY. THE ARCHITECT SHALL SUBMIT COMPLETE PLANS AND SPECIFICATIONS READY FOR THE CITY TO APPROVE NOT LATER THAN JUNE 30, 1970. (2) PAYMENTS. -- PAYMENTS TO THE ARCHITECT ON ACCOUNT OF HIS FEE SHALL BE MADE AS FOLLOWS: (A) UPON COMPLETION OF THE PRELIMINARY STUDIES AND PRE- SENTATION TD 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 (25 %) OF THE BASIC RATE COMPUTED UPON A REASONABLE ESTIMATED COST; (B) UPON COMPLETION OF SPECIFICATIONS 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 (50n) OF SAID BASIC RATE SHALL BE PAYABLE TO THE ARCHITECT, ONE -HALF OF WHICH SHALL BE PAID UPON ACCEPTANCE AND APPROVAL, AND THE REMAIN- ING ONE -HALF OF WHICH SHALL BE PAID AT THE TIME OF THE AWARDING OF THE CONTRACT, WITH THE ADJUSTMENT OF THE ENTIRE BASIC FEE TO THE AMOUNT OF THE AWARD FROM THE AMOUNT OF THE ESTIMATE. IN THE EVENT NO CONTRACT IS AWARDED WITHIN NINETY (90) DAYS FROM THE DATE OF ACCEPTANCE AND APPROVAL OF THE PLANS AND SPECIFICATIONS, THEN THE BALANCE OF SAID FIFTY PERCENT (50 %) SHALL BE PAID TO THE ARCHITECT ON THE BASIS OF THE ESTIMATE. IN THE EVENT THE LOWEST ACCEPTABLE BID EXCEEDS THE ESTIMATED COST AND THE CITY ELECTS TO REVISE THE PLANS FOR FURTHER ADVERTISING FOR BIDS, THE ARCHITECT SHALL -2- CONFER WITH THE CITY AND MAKE SUCH REVISION AS IS SATISFACTORY TO THE CITY FOR THE READVERTISING FOR BIDS AND THE 90 -DAY PERIOD FOR FINAL PAYMENT OF THE BALANCE OF THE 50% SHALL COMMENCE TO RUN FROM THE DATE OF THE ACCEPTANCE AND APPROVAL OF THE REVISED PLANS AND SPECIFICATIONS. (C) TWENTY -FIVE PERCENT (255) OF SAID BASIC FEE SHALL BE PAID IN INSTALLMENTS BY WAY OF MONTHLY PAYMENTS IN AMOUNTS BASED ON THE CONSTRUCTION ESTIMATES AND EACH PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON THE CONSTRUCTION WHICH WILL BE THE SAME AS THE SUM OF TWENTY -FIVE PERCENT (25 %) OF SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST, UNTIL ALL OF SAID TWENTY -FIVE PERCENT 125%! OF SAID FEE SHALL HAVE BEEN PAID. (0) NO DEDUCTIONS SHALL BE MADE FROM THE ARCHITECTS FEE ON ACCOUNT OF PENALTY, LIQUIDATED DAMAGES OR OTHER SUM WITHHELD FROM PAYMENTS TO CONTRACTORS. iii THE CITY RESERVES THE RIGHT TO TERMINATE THIS CONTRACT AT ANY TIME WITH OR WITHOUT CAUSE. IN THE EVENT OF SUCH TERMINATION, THE ARCHITECT WILL BE PAID A SUM PROPORTIONATE TO THE STAGE OF COMPLETION OF THE PHASE OF WORK IN WHICH HE IS THEN ENGAGED. UPON SUBMISSION BY THE ARCHITECT OF THE PRELIMINARY PLANS, OUTLINE SPECIFICATIONS, AND PRELIMINARY ESTIMATE OF COST, THE CITY MAY ELECT TO TERMINATE THE SERVICES OF THE ARCHITECT, IN WHICH EVENT ONE AND THREE - QUARTERS PERCENT (7 -3/4%) OF THE PRELIMINARY ESTIMATE OF COST WILL BE THE ONLY COMPENSATION TO BE PAID. THE ARCHITECT WILL NOT PROCEED WITH DEVELOPMENT OF WORKING DRAWINGS AND SPECIFICATIONS UNTIL AUTHORIZED IN WRITING BY THE DIRECTOR OF PUBLIC WORKS. SIMILARLY, THE CITY MAY ELECT TO TERMINATE THE SERVICES OF THE ARCHITECT UPON THE ACCEPTANCE OF THE COMPLETED PLANS AND SPECIFICATIONS, IN WHICH EVENT THE TOTAL COMPENSATION DUE AND PAYABLE TO THE ARCHITECT WILL BE FIVE AND ONE- QUARTER PERCENT (5 -1/4%) OF THE ESTIMATED CONSTRUCTION COST IN THE EVENT NO CONTRACT IS LET. IN THE EVENT BIDS ARE TAKEN AND THE CITY ELECTS NOT TO PROCEED FURTHER WITH THE PROJECT, THE FEE WILL BE ADJUSTED TO FIVE AND ONE- QUARTER PERCENT (5 -1/4) OF THE VALUE OF THE LOWEST BID OR FIVE AND ONE - QUARTER PERCENT (5 -1/4%) OF THE ESTIMATED COST, WHICHEVER IS THE LESSER AMOUNT. 1l9 THE CITY SHALL DESIGNATE, AND, SO FAR AS THE WORK UNDER THIS -3- AGREEMENT MAY REQUIRE, FURNISH THE ARCHITECT WITH THE FOLLOWING INFORMATION: A COMPLETE AND ACCURATE SURVEY OF THE BUILDING SITE, GIVING THE GRADES AND LINES OF STREETS, PAVEMENTS, AND ADJOINING PROPERTIES; THE RIGHTS, RESTRIC- TIONS, EASEMENTS, TENTATIVE BOUNDARIES, AND CONTOURS OF THE BUILDING SITE. THE CITY IS TO PAY FOR BORINGS OR TEST PITS AND FOR CHEMICAL, MECHANICAL, OR OTHER TESTS WHEN REQUIRED. V THE ARCHITECT AGREES TO UTILIZE THE MECHANICAL, ELECTRICAL, AND STRUCTURAL ENGINEERING STAFF OF HIS FIRM FOR THE GENERAL ADMINISTRATION OF THE CONTRACT THROUGHOUT THE CONSTRUCTION OF THE BUILDING ANO, IN ADDITION, FOR FINAL INSPECTION. THE ARCHITECT WILL GUARD THE CITY AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS, ON THE BASIS OF ON -SITE OBSERVATION, BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS, VI WHEN REQUESTED TO DO SO THE ARCHITECT WILL FURNISH PRELIMINARY ESTIMATES ON THE COST OF THE WORK, BUT HE DOES NOT GUARANTEE THE ACCURACY OF SUCH ESTIMATES. VII THE COST OF THE WORK, AS HEREIN REFERRED TO, MEANS THE COST TO THE CITY, BUT SUCH COST SHALL NOT INCLUDE ANY ARCHITECTS OR ENGINEERS FEES. THE COST INCLUDES THE BUILDING AND ALL ITS MECHANICAL EQUIPMENT, ALL MINOR SITE IMPROVEMENTS (EXCEPT LANDSCAPING), BUILT -IN EQUIPMENT, AND EQUIPMENT TO BE INSTALLED BY THE GENERAL CONTRACTOR. THE COST DOES NOT INCLUDE MOVABLE OR FREE STANDING EQUIPMENT, FURNISHINGS OR FIXTURES, BUT THE ARCHITECT AGREES TO ASSIST IN THE SELECTION OF SUCH EQUIPMENT WITHOUT COM- PENSATION. VIII THE ARCHITECT SHALL PROVIDE TEN (10) SETS OF COMPLETE WORKING DRAWINGS AND TWENTY (20) SETS OF SPECIFICATIONS COVERING THE WORK, INCLUDING PROPOSAL FORMS AND SPECIAL INSTRUCTIONS TO BIDDERS, FOR GENERAL DISTRIBUTION TO ALL PROSPECTIVE QUALIFIED BIDDERS, WHO MAY SECURE A COPY THEREOF BY COM- PLYING WITH THE TERMS SET OUT IN SAID SPECIAL INSTRUCTIONS FOR OBTAINING SAME. THE ARCHITECT SHALL FURNISH TO THE CITY, UPON COMPLETION OF SAID PROJECT, OR UPON THE TERMINATION OF THIS CONTRACT AS HEREIN PROVIDED, IN A -4- SUITABLE CONTAINER FOR FILING IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY, 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, DRAWINGS AND SPECIFICATIONS PREPARED BY THE ARCHITECT PURSUANT TO THIS CONTRACT SHALL BELONG TO THE CITY. ANY AND ALL CORRECTIONS, ALTERATIONS, OR AMENDMENTS TO THE PLANS MADE DURING THE PERIOD OF CONSTRUCTION SHALL BE SHOWN ON THE FINAL SET OF PLANS AND SPECIFICATIONS SO AS TO REFLECT TRUE PLANS AND SPECIFICA- TIONS OF THE BUILDING AS BUILT. IX THE ARCHITECT SHALL NOT ASSIGN OR TRANSFER ANY INTEREST IN THIS CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY. X THE ARCHITECT SHALL FURNISH THE DOCUMENTS AND PERSONALLY RENDER OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TIMES AS MAY BE NECESSARY TO INSURE THE PROMPT AND CONTINUOUS PROSECU- TION OF THE WORK OF DESIGNING AND CONSTRUCTING THE PROJECT, AND IT IS UNDER- STOOD THAT ALL DESIGNS AND DETAILS OF DESIGNING ARE SUBJECT TO THE 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. XI THE ARCHITECT AGREES THAT THE EXECUTION OF THIS CONTRACT TERMINATES THE CONTRACT BETWEEN THE CORPUS CHRISTI MUSEUM AND THE ARCHITECT, AND THE CORPUS CHRISTI MUSEUM WILL NOT BE OBLIGATED IN ANY WAY FOR ANY EXPENSE THAT RESULTED FROM THE CONTRACT BETWEEN THE CORPUS CHRISTI MUSEUM AND THE ARCHITECT. IN TESTIMONY WHEREOF, WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, ON THE DAY AND THE YEAR FIRST ABOVE WRITTEN. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS BY -CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER APPROVED: DAY OF , 1970: CITY ATTORNEY PAGE, SOUTHERLAND, PAGE & WHITTET BY DIRECTOR OF FINANCE PARTNER CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 6.-1970 I certify to the City Council that $ 35,000.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No, and Name 102 - General Project No. Project Name Addition to C. C. Museum from which it is proposed to be drawn, and such money is not appropriated for any other purpose. L� J � — , 19 -26) l rec o Finance FIN 2 -55 Revised 7 -31 -69 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 6, 1970 I certify to the City Council that $ 35,000.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of; Fund No. and Name 102 - General Project No. Project Name Addition to C C Museum from which it is proposed to be drawn, and such money is not appropriated for any other purpose. J �2= , l9� Direct67 Finance FIN 2.55 Revised 7 -31 -69 Corpus Christi, Te as /day of '1974 1 THE MEMBERS OF TIE 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, POR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol owing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. °Wrangler" Roberts Ronnie Sizemore