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Home My WebLink About11863 ORD - 01/02/1974JRR:jkh:1-2 -74; 2nd 440c I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEP�NT WITH ASSOCIATED ARCHITECTS SWANSON HIESTER WILSON CLAYCOMB (FORMERLY SWANSON HIESTER WILSON AND BOLAND) (SHWC, INC.), OF CORPUS CHRISTI, TEXAS AND CAUDILL ROWLETT SCOTT OF HOUSTON, TEXAS FOR ARCHITECTURAL SERVICES FOR DESIGN OF AUDITORIUM AND RELATED FACILI- TIES IN THE BAYFRONT SCIENCE PARR AREA, ALL AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE UNAPPROP- RIATED SURPLUS OF THE NO. 102 GENERAL FUND WHICH AMOUNT IS TO BE REIMBURSED FROM THE NO. 208 AUDITORIUM BOND FUND UPON THE SALE OF SAID BONDS APPLICABLE TO PROJECT NO. 208 -72 -2, THE SUM OF $99,553 FOR THE AFORE- SAID ARCHITECTURAL SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF ME CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby, authorized to execute a Supplemental Agreement with Associated Architects Swanson Hiester Wilson Claycomb (formerly Swanson Hiester Wilson and Boland) (SHWC, Inc.), of Corpus Christi. Texas and Caudill Rowlett Scott of Houston, Texas, for Architectural Services for Design of Auditorium and related facilities in the Bayfront Science Park Area, all as more fully set forth in the Supplemental Agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. There is hereby appropriated the sum of $99,553 out of the Unappropriated Surplus of the No. 102 General Fund, which amount is to be reimbursed from the No. 208 Auditorium Bond Fund upon the sale of said bonds applicable to Project No. 208 -72 -2. SECTION 3. The necessity to authorize the execution of the aforesaid agreement at the earliest possible date in order that plans may proceed without delay for the Design of Auditorium and related facilities in the Bayfront Science Park Area 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 intro- duction and that such ordinance or msolution 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�ay of January, 1974. ATTEST: City Secretar MAYO THE CITY OF CORFUS CHRISTI, TEXAS PRO : DAY OF JANUARY, 1974: � C /y A torn 7` • M:vp:l2 /21/73 SUPPLEMENTAL AGREII+1ENT THE STATE OF TEXAS 6 COUNTY OF NUECES Q • This Supplemental Agreement made and entered into this the day of December, A. D., 1973, by and between the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, acting herein by and through its City Manager, duly authorized to act herein, hereinafter called the "CITY ", and the Associated Architects Swanson, Heister, Wilson and Claycomb (formerly Swanson, Heist er, Wilson, and Bolandl, (SHWC, Inca and Caudill Rowlett Scott, of Houston, Texas, hereinafter called "ARCHITECT ", duly authorized to act herein and lawfully authorized to do business in the State of Texas. W I T N E S S E T H That, whereas, the City and Architect have heretofore made and entered into a contract initially approved March 11, 1971, and executed March 15, 1971, for the performance of architectural services in connection with the design and construction of a Community Cultural Center in the City of Corpus Christi, Texas; and That, whereas, the parties hereto recognize the need for an amendment as a supplemental agreement of the aforesaid contract; NOW, THEREFORE, the City and the'Architect, for good and valuable consideration, each of the other in hand received, the receipt of which is hereby acknowledged, supplementarily agree as to the aforesaid contract, the amendment thereof as follows: I Article III, Section A. of the aforesaid agreement of March, 1971, is hereby amended by the addition thereto of the following provision and the sub- stitution for Section A. thereof of the said provision: "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 Percent (157) of the estimated cost of meeting rooms, Exhibit Building and Auditorium and excluding the Arena; The Schematic Design will include: 1. A review and reconfirmation or revision of any written program and forecast project budgets noted in the Convention Facilities Study made by Architect. This review will be made in concert with representatives of the City, and shall be approved by the City prior to proceeding with the next element of the work. 2. Site analysis shall be updated, including the surrounding environ- ment. This updating will include review of all previous site studies concerning this project as well as current, new and projected data. Special attention will be given to the surrounding environment concerning commercial, hotel, park, transportation, and recreational areas. The findings of this updating shall be approved by the City prior to proceeding with the next element of the work. This portion of the work shall be accomplished in coordination with data furnished by the City in regard to Visitor Housing and Pedestrian Vehicle Access relative to the Project. .7. h. mesign Learn from The OlIlces OI Lne Arrn1LecT worxing in Corpus Christi will produce: a. Schematic Site Plans coordinating the overall Center Design with the Park, Museum, small theatre, Corps of Engineers and other current and projected conditions and features affecting the site, including Schematic Drawings for the Auditorium as a separate facility. Schematic floor plans, elevation studies, interior and exterior sketch studies, a small scale model describing the general appearance, and engineering criteria and systems shall be prepared for the siting and construction of meeting rooms, an Exhibit Building and an Auditorium as a common or a combined architectural entity. Additionally, Schematic floor plans, elevation studies, interior and exterior sketch studies, a small scale model describing the general appearance, and engineering criteria and systems data and design, schematically, shall be prepared for the Auditorium as a separate facility. 4. Following the design work described above, the Architect will confirm the building area calculations and budget. -2- I� • 5. Presentation of the data, drawings, and plans prepared as above described shall be made to the City and subject to its approval. Approval of the Schematic Design work shall be obtained from the City prior to the Architect's proceeding to any Design Development phase of any part of the Project. 6. The Schematic Design above described under this Section A. shall be completed no later titan ninety (90) days after th3 date of approval of this Supplemental Agreement to the said City - Architect Agreement of March, 1971 by the City Council. 7. The City shall have the right to terminate any of the work authorizable and authorized under the provisions of this Section A. by sending from its City Manager or his representative written notice of such termination to the Architect addressed to the'offices of Swanson, Heister, Wilson and Claycomb (SHWC, Inc.) in the City of Corpus Christi and the date of termination sha11 be effective as of the day following the date of posting of said written notice in the United States mail. Architect shall be paid for all expenses and costs and for fee prorated in units of seven -day weeks and fractional parts thereof of not less than 3 1/2 days incurred pursuant to the terms of this Supplemental Agreement up to and including the effective date of the termina- tion of the Schematic commission provided by this Section A., for any of which the Architect has not been paid prior to the effective date of such termination. The cost, expenses and fee allowed, in the event of such termination, shall be those authorized and as described by the Agreement of March, 1971, and as provided by this Supplemental Agreement." II This agreement is intended only as a Supplemental Agreement to that of March, 1971, and is intended as an amendment thereof in conformance to Article XI of the said original agreement. All other terms, conditions, and provisions of the said original agreement shall remain in full force and effect, except insofar as the same are specifically or necessarily changed, amended, and supplemented by this Supplemental Agreement. IN TESTIMONY SHEOF, WITNESS OUR HANDS IN TRIPLICATE ORIGINALS on the day and the year below written. MD y • EXECUTED this the day of December, 1973. THE CITY OF CORPUS CHRISTI, TEXAS R. Marvin Townsend, City Manager ATTEST: City Secretary APPROVED: DAY OF DECEMBER, 1973: ity Attorney SHWC, INC. By' ............... David M. Wilson, Vice President (If corporation or limited-partner- ship, attestation by secretary and copy of resolution of Board of Directors, if corporation, attached). CAUDILL RO17LETT SCOTT By. .... ............. I ........ -. Wallis E. Scott, Jr., Partner THE STATE OF TEXAS Q COUNTY OF NUECES Q • BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the:City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City o; Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of December, 1973. .......... -. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES Q BEFORE ME,- the:undersigned authority, on this day personally - appeared David M. Wilson, Vice President of SHWC, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same.was the act of the said SRWC, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of December, 1973. Notary Public in and for Nueces County, Texas -4- � L THE STATE OF TEXAS Q COUNTY OF NUECES, d BEFORE ME, the undersigned authority, on this day personally appeared Wallie E. Scott, Jr., 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 of Partner with Caudill Rowlett Scott, therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of December, 1973. Notary Public in and for Nueces County, Texas CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 2, 1974 I certify to the City Council that $ 99,553 , 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 Fund Project No. Unappropriated Surplus Project Name Municipal Auditorium - Architectural Contract from which it is proposed to be drawn, and such money is not appropriated for any other purpose. These funds will be used for architectural fees of Swanson Hiester Wilson Claycomb and Caudill Rowlett Scott of Houston in connection with the design of the Municipal Auditorium. �9—V Director Fi i9mce BesX, 11- 3e -73- 2744 S95 FIN 2 -55 Revised 7/31/69 • • Corpus Christi, Texas day of , 19`- 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 suapen- a ion 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, (�L_ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark IGJ The above ordinance was passed by the £o Rowing vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark