HomeMy WebLinkAbout10147 ORD - 03/10/1971f 1
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN ARCHITECTURAL AGREEMENT WITH THE ASSOCIATED ARCHI-
TECTS, SWANSON HIESTER WILSON BOLAND OF CORPUS CHRISTI,
TEXAS, AND CAUDILL ROWLETT SCOTT OF HOUSTON, TEXAS,
FOR THE CONSTRUCTION OF A COMMUNITY CULTURAL CENTER,
ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY
OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND
MADE A PART HEREOF; 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
AN ARCHITECTURAL AGREEMENT WITH THE ASSOCIATED ARCHITECTS, SWANSON HIESTER
WILSON BOLAND OF CORPUS CHRISTI, TEXAS, AND CAUDILL.ROWLETT SCOTT OF HOUSTON,
TEXAS, FOR THE CONSTRUCTION OF A COMMUNITY CULTURAL CENTER, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO,
MARKED EXHIBIT "A ", AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE
AFORESAID AGREEMENT AT THE EARLIEST POSSIBLE DATE IN ORDER THAT PLANS
MAY BE COMMENCED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERA-
TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT
NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT
THREE SEVERAL MEETINGS OF THE CIIY COUNCIL, 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 THAT SUCH ORDINANCE TAKE EFFECT AND BE IN
FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE 16W DAY OF'-FEBRUAR K, 1%71.
ATTEST:
CI`TY SECR TARY
APPROVED:
%Q�1L DAY OF
1971:
CI 'lam ATTORNEY
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
10147
4
TO
FROM The City Manager's Office
Date By
A G R E E M E N T
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF
, A.D., 1971, BY AND BETWEEN THE CITY OF CORPUS
CHRISTI, TEXAS, A MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS
OF THE STATE OF TEXAS, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY
AUTHORIZED TO ACT, HEREINAFTER CALLED THE "CITY ", AND THE ASSOCIATED ARCHI-
TECTS SWANSON HIESTER WILSON BOLAND OF CORPUS CHRISTI, TEXAS, AND CAUDILL
ROWLETT SCOTT, OF HOUSTON, TEXAS, HEREINAFTER CALLED "ARCHITECT':
W I T N E S S E T H:
THAT WHEREAS, THE CITY INTENDS TO CONSTRUCT A COMMUNITY CULTURAL
CENTER IN THE CITY OF CORPUS CHRISTI, TEXAS:
NOW, THEREFORE, THE CITY AND THE ARCHITECT, FOR THE CONSIDERA-
TION HEREINAFTER NAMED, AGREE AS FOLLOWS:
THE ARCHITECT, JOINTLY AND SEVERALLY, AGREES TO PERFORM, FOR THE
ABOVE NAMED WORK, PROFESSIONAL SERVICES AS HEREINAFTER SET FORTH.
II
THE CITY AGREES TO PAY THE ARCHITECT AS FEE FOR SERVICES, AS
DEFINED IN III(1)B (BELOW), THE BASIC RATE OF SIX PERCENT (6%) OF THE COST
OF THE WORK, SAID BASIC RATE TO BE CALCULATED UPON THE ESTIMATED ACTUAL
COST UNTIL SUCH TIME AS THE ACTUAL TOTAL COST OF THE CONSTRUCTION HAS BEEN
DETERMINED BY THE LETTING OF A CONTRACT OR CONTRACTS FOR THE EXECUTION OF
THE ABOVE NAMED WORK FROM AND AFTER WHICH DATE THE SAID ACTUAL TOTAL COST
OF.CONSTRUCTION AS DETERMINED BY SUCH AWARDED CONTRACT PRICE (S) SHALL BE
USED AS THE COST OF THE WORK, SUBJECT TO THE DEFINITION OF "COST OF WORK"
CONTAINED IN ARTICLE VI HEREOF, REGARDLESS OF THE SIZE OR NUMBER OF CON-
TRACTS.
III
THE PARTIES FURTHER AGREE TO THE FOLLOWING CONDITIONS:
EXHIBIT "A"
(1) THAT THE SERVICES OF THE ARCHITECT SHALL BE DIVIDED INTO
TWO BASIC PARTS, SUCH PARTS BEING:
A. PRE BOND -ISSUE WORK TO FURTHER DEFINE AND ILLUSTRATE THE
PROJECT, INCLUDING SITE PLANS.
THE SERVICES OF THE ARCHITECT WILL BE MADE AVAILABLE TO THE CITY
FOR NECESSARY CONFERENCES, GRAPHIC MATERIALS INFORMATIONAL DATA TO ASSIST
THE CITY IN THE PASSAGE OF THE BOND ISSUE. IN ADDITION, SKETCHES RENDER-
INGS AND SCALE MODELS WILL BE FURNISHED, IF PARTICULARLY AUTHORIZED IN
WRITING BY THE CITY.
REIMBURSEMENT, ONLY IN EVENT OF FAILURE OF SAID BOND ISSUE TO
RECEIVE A MAJORITY OF THE AFFIRMATIVE VOTES LEGALLY CAST, FOR PRE BOND-
ISSUE WORK SHALL BE MADE AT THE ARCHITECTS ACTUAL COST CALCULATED AS 2.35
TIMES ARCHITECTIS DIRECT PERSONNEL EXPENSES. (DIRECT PERSONNEL•EXPENSES
CONSIST OF COST OF SALARIES, F. I. C. A., AND STATUTORY REQUIRED EMPLOYER
PAYMENTS OF EMPLOYEE - BENEFIT INSURANCE AND PENSION- RETIREMENT • PLANS OF
ARCHITECT'S EMPLOYEES ENGAGED IN WORK UNDER THIS AGREEMENT), PLUS OUT -OF-
POCKET EXPENSES SUCH AS RENDERINGS MODELS, TRIPS TO INSPECT OTHER CONVEN-
TION AND CULTURAL CENTER FACILITIES, MULTIPLE PRINTING AND PHOTOGRAPHY REPRO-
DUCTION, AS SUCH OUT -OF- POCKET EXPENSES MAY BE PARTICULARLY AUTHORIZED BY
THE CITY. THESE COSTS AND EXPENSES SHALL BE PARTICULARLY SUPPORTED BY TIME
SHEETS AND PAID MATERIALS INVOICES. ANY OVERTIME AT HIGHER THAN REGULAR
RATES MUST BE AUTHORIZED IN ADVANCE IN WRITING BY CITY. (THIS REIMBURSEMENT,
LESS OUT -OF- POCKET EXPENSES, WILL BE CREDITED TO THE NORMAL ARCHITECTURAL
SERVICES FEES IF THE PROJECT PROCEEDS TO COMPLETION.)
B. NORMAL ARCHITECTURAL SERVICES FOR THE PROJECT AFTER SUCCESSFUL
BOND ISSUE PASSAGE. -- THE ARCHITECT'S PROFESSIONAL SERVICES CONSIST OF THE
NECESSARY CONFERENCES, THE PREPARATION OF PRELIMINARY STUDIES, WORKING
DRAWINGSp SPECIFICATIONS, LARGE -SCALE AND FULL -SIZE DETAILED DRAWINGS FOR
ARCHITECTURAL, STRUCTURAL, PLUMBING, ELECTRICAL, HEATING, VENTILATING] AIR
CONDITIONING, AND SITE DEVELOPMENT WORK, INCLUDING ALL UTILITIES PAVING
AND DRAINAGE; THE DRAFTING OF FORMS OF PROPOSALS AND CONTRACTS; THE CHECK-
ING OF SHOP DRAWINGS, THE ISSUANCE OF CERTIFICATES OF PAYMENT; THE KEEPING
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OF ACCOUNTS, THE GENERAL ADMINISTRATION OF THE BUSINESS AND OBSERVATION
OF THE WORK. THE DESIGN OF THE PROJECT SHALL BE SUCH THAT THE COST THEREOF
WILL NOT EXCEED THE AMOUNT ALLOCATED BY THE CITY FOR ITS CONSTRUCTION AFTER
RECEIPT AND APPROVAL OF DESIGN DEVELOPMENT PLANS, PROVIDED THAT THE CITY
SHALL ADVERTISE FOR BIDS WITHIN THREE (3) MONTHS AFTER THE ARCHITECT SUBMITS
FINAL PLANS TO THE CITY.
IT IS ANTICIPATED THAT PHASED CONSTRUCTION MAY BE REQUIRED FOR
THE PROJECT. IN SUCH AN EVENT, THE TOTAL PROJECT WOULD BE CARRIED THROUGH
THE SCHEMATIC DESIGN PHASE.
(Z) PAYMENTS. -- PAYMENTS TO THE ARCHITECT ON ACCOUNT OF HIS FEE
SHALL BE MADE AS FOLLOWS:
PAYMENTS SHALL BE MADE MONTHLY IN PROPORTION TO SERVICES PERFORMED
TO INCREASE COMPENSATION FOR BASIC SERVICES TO THE FOLLOWING PERCENTAGES OF
THE BASIC FEE:
A. UPON COMPLETION OF SCHEMATIC DESIGN AND PRESENTATION TO THE
CITY OF PLANS AND SKETCHES AND APPROVAL BY THE CITY OF SUCH PLANS, A SUM
EQUAL TO FIFTEEN PER CENT (15 %) OF THE BASIC RATE COMPUTED UPON A REASON- c
ABLE ESTIMATED COST;
B. UPON COMPLETION OF DESIGN DEVELOPMENT AND PRESENTATION TO THE
CITY OF PLANS, OUTLINE SPECIFICATIONS AND PROBABLE ESTIMATE OF COST, AND
APPROVAL BY THE CITY OF SUCH PLANS, OUTLINE SPECIFICATIONS AND PROBABLE
ESTIMATES OF COST, AN ADDITIONAL SUM EQUAL TO TWENTY PER CENT (20%) OF THE
BASIC RATE COMPUTED UPON SUCH PROBABLE ESTIMATE OF COST.
C. UPON COMPLETION OF SPECIFICATIONS AND GENERAL WORKING DRAW-
INGS 'INCLUDING DETAILED PLANS AND SPECIFICATIONS, LARGE -SCALE AND FULL -SIZE
DETAILED DRAWINGS, AND THE DRAFTS OF FORMS AND PROPOSALS OF CONTRACTS, WITH
PROBABLE ESTIMATE OF COST CONFORMABLE THERETO, ACCEPTANCE AND APPROVAL OF
THE SAME BY THE CITY, AN ADDITIONAL SUM EQUAL TO FORTY PER CENT (40%) OF
SAID BASIC RATE COMPUTED UPON SUCH PROBABLE ESTIMATED COST SHALL BE PAYABLE
TO THE ARCHITECT, WITH THE FEE TO BE ADJUSTED BASED UPON THE AMOUNT OF THE
CONTRACT AFTER AN AWARD IS MADE. IN THE EVENT THE LOWEST ACCEPTABLE BID
EXCEEDS THE ESTIMATED COST HEREOF AND THE CITY ELECTS TO REVISE THE PLANS
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FOR FURTHER ADVERTISING TO BRING BIDS WITHIN THE SAID ESTIMATED COSTS THE
ARCHITECT SHALL CONFER WITH THE CITY AND MAKE SUCH REVISION AS IS SATIS-
FACTORY TO THE CITY FOR THE RE- ADVERTISING FOR BIDS AT NO ADDITIONAL CHARGE.
D. AN ADDITIONAL TWENTY -FIVE PER CENT (25 %) OF SAID BASIC FEE
SHALL BE PAID IN INSTALLMENTS BY WAY OF MONTHLY PAYMENTS IN AMOUNTS BASED
ON THE CONSTRUCTION ESTIMATES; AFTER AWARD AND CONTRACTOR ACCEPTANCE -
QUALIFICATION, AND BEGINNING WITH THE FIRST 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 PER CENT (25 %) OF SAID FEE BEARS
TO THE TOTAL CONSTRUCTION COST, UNTIL ALL OF SAID TWENTY -FIVE PER CENT (25 %)
OF SAID FEE SHALL HAVE BEEN PAID. THE ARCHITECT SHALL REVIEW AND APPROVE
SHOP DRAWINGS, SAMPLES, AND OTHER SUBMISSIONS OF THE CONTRACTOR ONLY FOR
CONFORMANCE WITH THE DESIGN CONCEPT OF THE PROJECT AND FOR COMPLIANCE WITH
THE INFORMATION GIVEN IN THE CONTRACTS. ARCHITECT SHALL PREPARE CHANGE
ORDERS, AND SHALL RECEIVE WRITTEN GUARANTEES AND RELATED DOCUMENTS ASSEMBLED
BY THE CONTRACTOR AND SHALL ISSUE A FINAL CERTIFICATE OF PAYMENT.
E. NO DEDUCTIONS SHALL BE MADE FROM THE ARCHITECTIS FEE ON c
ACCOUNT OF PENALTY, LIQUIDATED DAMAGES, OR OTHER SUM WITHHELD FROM PAYMENTS.
TO CONTRACTORS.
(3) THE COST OF SPECIAL CONSULTANTS OTHER THAN NORMAL STRUCTURAL,
MECHANICAL AND ELECTRICAL ENGINEERING SERVICES, SUCH AS THEATER DESIGN CON-
SULTANTS AND ACOUSTICAL/SOUND SYSTEM DESIGN CONSULTANTS IF NECESSARY AND
APPROVED BY THE CITY, SHALL BE CONSIDERED EXTRA SERVICES. SUCH EXTRA SER-
VICES SHALL BE IN ADDITION TO THE BASIC FEE, AND UPON CONTRACTS APPROVED
BY THE CITY.
(4) THE CITY RESERVES THE RIGHT TO TERMINATE THIS CONTRACT AT
ANY TIME WITH OR WITHOUT CAUSE. SUSPENSION OR ABANDONMENT OF THE PROJECT
AT ANY TIME AFTER COMPLETION OF THE SCHEMATIC PHASE WITHOUT WRITTEN NOTICE
TO ARCHITECT OF TERMINATION BY CITY SHALL NOT CONSTITUTE TERMINATION OF
THIS CONTRACT UNTIL THE LAPSE OF ONE HUNDRED AND FIFTY CONSECUTIVE DAYS.
IN THE EVENT OF SUCH TERMINATION, THE ARCHITECT WILL BE PAID A SUM PROPOR-
TIONATE TO THE STATE OF COMPLETION OF THE PHASE OF WORK IN WHICH HE IS THEN
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ENGAGED. UPON SUBMISSION BY THE ARCHITECT OF THE DESIGN DEVELOPMENT, OUT-
LINE SPECIFICATIONS, AND ESTIMATE OF COST, THE CITY MAY ELECT TO TERMINATE
THE SERVICES OF THE ARCHITECT, IN WHICH EVENT THIRTY -FIVE PER CENT (35 %)
OF'THE BASIC FEE 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, IN ADDITION TO THE
ABOVE MENTIONED THIRTY -FIVE PER CENT (35%), WILL BE FORTY PER CENT (40,ao')
OF THE BASIC FEE 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
TOTAL FEE WILL BE ADJUSTED TO 4.5 PER CENT OF THE VALUE OF THE LOWEST BID
OR 4.5 PER CENT OF THE ESTIMATED COST, WHICHEVER IS LESSER AMOUNT. THE
CITY WILL FURNISH A COMPLETE AND ACCURATE SURVEY OF THE BUILDING SITE, GIVING
THE GRADES AND LINES OF STREETS, PAVEMENTS, AND ADJOINING PROPERTIES AND
THE RIGHTS, RESTRICTIONS, EASEMENTS, TENTATIVE BOUNDARIES, AND CONTOURS OF
THE BUILDING SITE. THE CITY IS TO PAY FOR BORINGS OR TEST PITS FOR CHEMICAL,
MECHANICAL OR OTHER TESTS WHEN REQUIRED AND APPROVED BY THE DIRECTOR OF
PUBLIC WORKS.
IV
IF THE ARCHITECT IS ASSIGNED THE OBSERVATION OF THE CONSTRUCTION,
HE AGREES TO UTILIZE THE MECHANICAL, ELECTRICAL, AND STRUCTURAL ENGINEERING
STAFF OF HIS FIRM FOR THE GENERAL OBSERVATION THROUGHOUT THE CONSTRUCTION
OF THE BUILDING AND, 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 PERFORM-
ANCE OF THEIR CONTRACTS.
V
THE ARCHITECT WILL FURNISH PROBABLE ESTIMATES OF THE COST OF THE
WORK, BUT HE DOES NOT GUARANTEE THE ACCURACY OF SUCH ESTIMATES.
—5—
VI
THE COST OF THE WORK ("ACTUAL TOTAL COST OF CONSTRUCTION" AND
It CONSTRUCTION COST "), AS HEREIN REFERRED TO, MEANS THE COST TO THE CITY,
BUT SUCH COST SHALL NOT INCLUDE ANY ARCHITECTS', ENGINEERS', OR OTHER CON-
SULTANTS' FEES, COST OF THE LAND OR RIGHTS OF WAY, CITY'S LEGAL, OR CHEMICAL,
MECHANICAL, OR SOIL CORE TEST COSTS, SURVEY COSTS, OR COST OF SITE MAPS,
DRAWINGS, OR OTHER ADVISORY INFORMATION. THE COST INCLUDES THE BUILDING
(BUILDINGS) AND ALL MECHANICAL EQUIPMENT THEREOF, SITE IMPROVEMENTS(INCLUD-
ING LANDSCAPING), BUILT -IN EQUIPMENT, AND EQUIPMENT TO BE INSTALLED BY THE
GENERAL CONTRACTOR. THE COST DOES NOT INCLUDE FREESTANDING OR PORTABLE
EQUIPMENT OR FURNISHINGS OR FIXTURES.' ARCHITECT AGREES TO'ADVISE A CITY
REPRESENTATIVE IN SELECTING, WITHOUT LIABILITY, AND LOCATING SUCH EQUIPMENT,
FURNISHINGS AND FIXTURES, INCLUDING THE COLOR COORD114ATION THEREOF, BASED
ON INFORMATION FURNISHED BY THE CITY REPRESENTATIVE, WITHOUT COMPENSATION.
ARCHITECT, IN THE PLANNING, DESIGN, AND CONSTRUCTION OBSERVATION
OF THE CENTER WILL CONSULT WITH AND NOTE THE ADVICE AND SUGGESTIONS OF THE
CITY'S COLISEUM - EXPOSITION HALL MANAGER WITH REGARD TO: - G
1. HEIGHT AND WIDTH OF MOVING EQUIPMENT AND PORTABLE STRUCTURES
TO BE PLANNED FOR THE CENTER AND THE DIMENSIONING AND LOCATION OF INTERIOR
TRAFFIC ROUTES AND STORAGE ACCOMMODATIONS FOR SUCH EQUIPMENT AND STRUCTURES.
2. ARRANGEMENT, CONTROL INSTRUMENTATION, AND ACCESSIBILITIES FOR
CENTER BOX OFFICES.
3. SELECTION OF INTERIOR MATERIALS AND FINISHES RELATIVE TO
AESTHETICS AND TO MAINTENANCES.
4. USE -AREA SPACE DISTRIBUTIONS AND SEPARATIONS FOR MAXIMIZING
RENTAL POTENTIAL.
5. FURNITURE AND FIXTURE STORAGE ARRANGEMENTS.
VII
THE ARCHITECT SHALL PROVIDE FIVE (5) SETS OF COMPLETE WORKING
DRAWINGS ANV TWENTY (20) SETS OF SPECIFICATIONS COVERING THE WORK, INCLUD-
ING PROPOSAL FORMS AND SPECIAL INSTRUCTIONS TO BIDDERS, FOR GENERAL DISTRI-
BUTION TO ALL PROSPECTIVE QUALIFIED BIDDERS,-WHO MAY SECURE A COPY THEREOF
BY COMPLYING WITH THE TERMS SET OUT IN SAID SPECIAL INSTRUCTIONS FOR OBTAIN-
ING SAME. ADDITIONAL SETS OF DRAWINGS AND SPECIFICATIONS WHICH MAY BE
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ORDERED BY CITY SHALL BE FURNISHED AT COST OF REPRODUCTION ONLY.
THE ARCHITECT, UPON COMPLETION OF SAID PROJECT, OR UPON THE TERMI-
NATION OF THIS CONTRACT AS HEREIN PROVIDED, AND PRIOR TO FINAL PAYMENT FOR
ARCHITECTURAL SERVICES HEREUNDER SHALL FURNISH TO THE CITY IN A SUITABLE
CONTAINER FOR FILING IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS, 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 OF THE WORK; AND ALL SUCH DESIGNS, DRAWINGS AND SPECI-
FICATIONS 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.
VIII
THE ARCHITECT SHALL NOT ASSIGN OR TRANSFER ANY INTEREST IN THIS
CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY. ARCHITECT AND CITY
HEREBY BINDS HEREUNDER THEIR SUCCESSORS, ASSIGNS, AND LEGAL REPRESENTATIVES O
HERETO.
IX
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. RECORDS OF
ARCHITECTIS DIRECT PERSONNEL, CONSULTANT AND REIMBURSABLE EXPENSES HEREUNDER
SHALL BE MAINTAINED ON A GENERALLY ACCEPTED ACCOUNTING BASIS AND SHALL BE
AVAILABLE TO CITY BY APPOINTMENT AT LEAST ONE DAY IN ADVANCE DURING ANY
REGULAR BUSINESS DAY AND HOURS OF ARCHITECT. ALL NOTICES AND COMMUNICATIONS
BETWEEN ARCHITECT AND CITY SHALL BE SUFFICIENTLY ADDRESSED IF DIRECTED TO
/l /
i/JYL >� /iii�A AT f FI-
7/ FOR ARCHITECT AND TO THE CITY OF CORPUS CHRISTI, DIRECTOR OF PUBLIC WORKS,
CITY HALL, AT CORPUS CHRISTI, TEXAS, FOR CITY.
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THE ARCHITECT WILL CREDIT THE CITY WITH WORK PREVIOUSLY PERFORMED
IN THE CONVENTION FACILITIES STUDY, THE RE- SITING STUDY, AND THE PRE BOND -
ISSUE WORK DESCRIBED IN ARTICLE III (1) A IF THE PROJECT AS DESCRIBED IN
THESE DOCUMENTS IS SUBSTANTIALLY PUT UNDER CONTRACT BY THE CITY, AS FOLLOWS:
CONSTRUCTION COST (MILLIONS OF DOLLARS) PERCENTAGE TO BE CREDITED
0TO1 0
1 To 2 10
2 TO 17
33 TO 4 24
4 T 5 29
5 To 6 �5
6 TO z 2
zTO t5 550
t5 TO 10 60
10 To 12 75
12 TO 14 90
14 AND ABOVE 100
XI
THIS AGREENENT REPRESENTS THE ENTIRE AND INTEGRATED AGREEMENT
BETWEEN CITY AND ARCHITECT AND MAY BE AMENDED ONLY BY WRITTEN INSTRUMENT
SIGNED BY BOTH ARCHITECT AND CITY AND SHALL BE GOVERNED BY THE LAW OF THE
STATE OF TEXAS. l G
IN TESTIMONY WHEREOF, WITNESS OUR HANDS IN TRIPLICATE ORIGINALS
ON THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
THE CITY OF CORPUS CHRISTI, TEXAS
BY
ATTEST: CITY MANAGER
CITY SECRETARY
APPROVED:
Y OF _ 1/ _, 1971:
/ !
7Y' ATTORNEY '
SWANSON HIESTER WILSON BOLAND
BY
(IF CORPORATION OR LIMITED PARTNER -
SHIP,,ATTESTATION BY SECRETARY AND
COPY OF-RESOLUTION OF BOARD OF
DIRECTORS, IF CORPORATION, ATTAHCED).
CAUDILL ROWLETT SCOTT
BY
9
Corpus Christi, Texasl
� day of , 1971
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,
f
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. BlackmonC /i J
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. /�u�
Eduardo E. de Ases 44 �Q %
Ken McDaniel ILL"
W. J. "Wrangler" Roberts
6 VflW
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon C?� d ,
Gabe Lozano, Sr. All 1, i
V. A. "Dick" Bradley, Jr. all 4f/
Eduardo E. de Ases C
Ken McDaniel
W. J. "Wrangler" Roberts L4� /��,
Ronnie Sizemore C