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HomeMy WebLinkAbout02590 ORD - 08/30/1949AN ORDIHAHCB a S 9 c AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESBCUTE A CONTRACT FOR AND ®N BEHALF OF THE CITY WITH RICHARD S. COILEY FOR ARCHI- TECTURAL SERVICES FOR A PROPOSED CITY HALL, LIBRARY, COLISEUM AND CIVIC CENTER; PROVID- ING FOR THE PAYMENT OF THE FEE; AND DECLAR- ING AN EMERGENCY. WHEREAS, it is desirable that preliminary studies be made to determine the location, size, type of structures and estimated costs for proposed City Hall, Library, Coliseum and Civio Center development pro- gram; and, WHEREAS, the City Council has determined that Richard S. Colley is qualified and is a suitable person to draft such preliminary plans, specifications and estimates; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and direoted to execute a Contract for and on behalf of the City of Corpus Christi, Texas, with Richard S. Colley for arohiteoturel services for a proposed City Hall, Library, Coliseum and Civio Center, a oopy of said Contract being attached hereto and reading as follows, to -mit: SECTION 2. That the sum of 1% equivalent to the estimated oost of said improvement not including arohiteot's fee and not to exceed ft ,d00.00 to be paid a000rding to the terms of said contraot from the General Fund of the City of Corpus Christi, and that the further sums provided in said oontract if and when same are due and payable accord - be paid ing to the terms of said contract /out or the proceeds from the sale of bonds. SECTION 3. The ueoeasity for having the estimates and prelimi- nary plans as soon as possible for study in conneotion with proposed bond issues now under consideration creates a public emergency and public im- perative necessity requiring the suapeneion of the Charter rule that no ordinance or resolution shall be passed finally on the date it is intro- duced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such Charter Rule be suspended, and that this ordinance be passed finally on the date of its introduotion and take effeot and be in full force and effect from and after its passage, IT I3 ACCORDINGLY 30 ORDAINED. PASSED AND APPROVE this ,3o day of August, A. D. 1949. APPROVED AS TO LEGAL FORM: City Attorney City of Corpus Christi, Texas A AQREEMENT MACE THE DAT OF IT IS THE YEAR NINETEEN ►1VNOIiEO ORTY NINE, IT ARO REMON THE C1TY OF CORFU$ CHRISTI,. TEXAS. NEREINAFTER CALLED THE OWNER. ,ANC 11ItIHAR° S. COLLEY, HEREINAFTER CALLED THE ARCHITECT, WlTItUZTN. THAT Win** THE Ou1ER 'NTEMOS TU ERECT A CtVIO GIMTER IYILDIMS. A L;ISRART. AND,' PUL.IO SAFETY CcNTIFR! Now, THEREFORE. THE OOMER AND THE AREINiTEaT.' FCR THE COIN :DIGRA - TIONS HEREINAFTER MARCO, ASREE AS FOLLOWS! THE AROHITEOT A'REE' TO PERFORM, FOR THE ASOVE -N*tO WORN. PROFES$ICWAb SDVICES AS HEREINAFTER SET FORTH. THE OWNER -AM*EI TO PAY THE AE0011TE07 FOR 'VON SERE OF LIX PER CENT (0%) OF THE COST OF` THE WORK, 11TN.OTNER PAIR NTS REiUSt1RSlMENTS AD HEREINAFTER PIlOYIom THE SAID PERCENTAQE 'RAFTER REFERRED TO AS THE r$A040 RATE*r 4. 'ERVIOES CONS L 1 MI MARY STUDIES. *Oki FULL 't ZE DETAIL ORAWI RSS tiONTRAOTSI THE I$*IM$QE OF *Rim* THE PREMARATIOM OF PR[• ORS. LARS( SOUS AMP FO # AMOUNTS. THE StNERAI A�1 11/tTRAT11i; OF THE Wytllf;i$ AND $UPiRYI OF THE DORSI ARS THi FVNNIRHINS -OF FOUR -(4) DOPIER OF *us SWAN)NSS TO TMC OWNER, 2. gxTRA SERVICES AND SPECIAL ASCII. IF THE ARCHITECT IS CAUSED EXTRA DRAUWHTING OR OTHEN EXPENSE DUE TO CHANCE* ORDERED BY THE DICIER, OR DUE TO THE DELINQUENCY OR INSOLVENCY OF THE OWNER OR CONTRACTOR. OR AS A RESULT OF DAMAIE SY FIR[ TO A STRUCTURE OR STRUCTURES. HE SHALL K EQUITABLY PAID FON SUCH EXTRA EXPENSE AND THE SERVICE INVOLVED. 3. PA NTS. PAYMENTS TO THE ARCHITECT ON ACCOUNT OF HIS FEE SHALL SE MADE AS FOL111ws, SUSJ[CT TO THE PROVISIONS OF ARTICLE 2: UPON COMPLETION OF THE PRELIMINARY STUDIES. ORAWINSS AND ESTIMATES, A SUM EQUAL TO ONE PER CENT (LE) OF THE TOTAL ESTIMATED COST 1001 TO EXCEED $2,200..0©0. UPON WRITTEN REQUEST OF THE CITY UANA3ER, SPECIFICATIONS AND SOAKING DRAWINGS WILL BE PREPARED AIRI UPON COMPLETION OF SUCH SPE0t. F194710E1 AND WORKIN1 ORAWINS3 A SUM SUFFICIENT TO ;Nebo PATYENTS ON THE FEE TO TAX OF THE RAT[ OR RATES OF COMMISSION ARISING FROM THIS AGREEMENT. COMPUTED UPON A REASONACLE COST ESTIMATED ON SUCH DGMPLETCP SP[O /FtQATtONi AiM1 Bnn$1$ iy::p! I/ 011HI, MAY[ 11EtN-1ttOE1YRII THEN COMPUTED UPON THE LOIIIEST BOKA' f IDE DID OR S 10 . IT IS CONTEMPLATED THAT THE MONEY NECESSARY FOtt THE OON3TRUCTION OF THE STRUOTURI5 OOVEIIED SY THISASREEMENT WILL SE DERIVED FROM LION/ ISSUES AND 4N THE EVENT THE {Ow* ISSUE AS TO ONE OR MORE OF SAID STRUCTURES DOES NOT GALLEY, TNEII AS TO SAID STRUCTURES TH11 OQNTRAOT SHALL S[ OF NO FURTHER FORCE AND [FFECT EXCEPT AS TO THE FEE OF ONE PEII CENT (I%) FOS PRELIMINARY PLANS AMC ESTIMATES, FROM TIME TO TIME OURING THE EXECUTION OF WORK AND IN PROPORTION - TO THE AMOUNT OF SERVICE RENDERED BY THE ARCHITECT, PAYMENTS SHALL BE MADE UNTIL THE AGGREGATE OF ALL PAYMENTS MADE ON ACCOUNT OF THE FEE UNDER THIS ARTICLE, BUT NOT INCLUDING ANY COVERED BY THE PROVISIONS OF ARTICLE 2, SHALL BE A SUM EQUAL TO THE RATE OR RATES OF COMMISSION ARISING FROM THIS AGREEMENT, COMPUTED UPON THE FINAL COST OF THE WORK. PAYMENTS TO THE ARCHITECT, OTHER THAN THOSE ON HIS FEE, FALL DUE FROM TIME TO TIME AS HIS WORK IS DONE OR AS COSTS ARE INCURRED. NO DEDUCTIONS SHALL BE MADE FROM THE ARCHITECTS FEE ON ACCOUNT OF PENALTY, LIQUIDATED DAMAGES, OR OTHER SUMS WITHHELD FROM PAYMENTS TO CONTRACTORS. 4. SURVEY, BORINGS AND TESTS. THE OWNER SHALL, SO FAR AS THE WORK UNDER THIS AGREEMENT MAY REQUIRE, FURNISH THE ARCHITECT WITH THE FOLLOWING INFORMATION: A COMPLETE AND ACCURATE SURVEY OF THE BUILDING SITE, GIVING THE GRADES AN0 LINES OF STREETS, PAVEMENTS, AND ADJOINING PROPERTIES; THE RIGHTS, RESTRICTIONS, EASEMENTS, BOUNOARIES, AND CONTOURS OF THE BUILDING SITE, AND FULL INFORMATION AS TO SEWER, WATER, GAS AND ELECTRICAL SERVICE. THE OWNER 18 TO PAY FOR BORINGS OR TEST PITS AND FOR CHEMICAL, MECHANICAL., OR OTHER TESTS WHEN REQUIRED. S. SUPERVISION OF THE WORK. THE ARCHITECT SHALL GUARD THE OWNER AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS, BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS. B. PRELIMINARY ESTIMATES. WHEN REQUESTED TO 00 SO THE ARCHITECT SHALL FURNISH PRELIMINARY ESTIMATES ON THE COST OF THE WORK. 7. DEFINITION OF THE COST OF THE 7VORK. THE COST OF THE WORK. AS HEREIN REFERRED TO. MEANS THE COST TO THE OWNER, BUT SUCH COST SHALL NOT INCLUDE ANY ARCHITECT'S OR ENGINEER'S FEES OR REIMBURSEMENTS OR THE COST OF A CLERK -OF- THE. WORKS. WHEN LABOR OR MATERIAL IS FURNISHED BY THE OWNER BELOW ITS MARKET COST THE COST OF THE WORK SHALL BE COMPUTED UPON SUCH MARKET COST. 8. OWNERSHIP OF DOCUMENTS. DRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE THE PROPERTY OF THE ARCHITECT WHETHER THE WORK FOR WHICH THEY ARE MADE BE EXECUTED OR NOT BUT COPIES FURNISHED SHALL BE THE PROPERTY OF THE CITY. 9. SUCCESSORS AND ASSIGNMENTS. THE OWNER AND THE ARCHITFA EACH BINDS HIMSELF, HIS PARTNERS, SUCCESSORS, EXECUTORS. AOMIN ATORS, AND ASSIGNS TO THE OTHER PARTY TO THIS AGREEMENT, AND TO TH6" Ak1fNERS, SUCCESSORS. EXECUTORS, ADMINISTRATORS AND ASSIGNS OF $0014 OTHER PARTY IN RESPECT OF ALL COVENANTS OF THIS AGREEMENT. EXCEPT AS Aeolic, NEITHER THE OWNER NOR THE ARCHITECT SHALL. ASSIGN. SUBLET aN TasitarEO ALI& xuTrasay. tat TM1&.,.A NT WITHOUT THE WRITTEN CONSENT OF THE OTHER. 10. ARBITRATION . ALL QUESTIONS IN DISPUTE UNDER THIS AGREEMENT SHALL BE SUBMITTED TO ARBITRATION AT THE CHOICE OF EITHER PARTY. 11. TECHNICAL CONSULTANTS. THE ARCHITECT MAY. AT HIS DISCRETION. EMPLOY STRUCTURAL AND MECHANICAL ENGINEERS AS CONSULTANTS WHO ARE AC- CEPTABLE TO THE CITY. THE ARCHITECT MAY ALSO EMPLOY TWO LOCAL ARCHITECTS AS CONSULTANTS. ALL MS INCURRED IN THE EIIPLOTMENT OF THE ABOVE MENTIONED CONSULTANTS ARE TO BE PALO BY THE ARCHITECT, AND THE OWNER SMALL IN NO WAY SE OSLIYATED FOR ANY ADDITIONAL FEES OTHER 'THAN THE BASIC RATE. THE OWNER AND THE ARCHITECT HEREBY AGREE TO THE FULL PERFORMANOE. OF THE COVENANTS CONTAINED HEREIN. M WITNESS WHEROT THEY HAVE EXECUTED THIS AGREEMENT, THE DAY AND YEAR FIRST ABOVE WRITTEN. THE CITY or CORPUS CHRISTI, TEXAS 9Y rrresei CITT MANAGp R:ICHARO S.``COLLEY4 ARCHITECT 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 No. Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance TO TES MEMBERS OF TEE CITY COUNCIL Corpus Christi, Texas Gentlemen: Corpus Christi, Texas 16� 1949 For the reasons set forth in the emergency olause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension 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 Counoil; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jaok DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForreat Barney Cott Sydney E. Herndon George L. Lowman INTER - OFFICE COMMUNICATION Dept legal a - It being called to my attention that the contract dated August 30, 1919, between the City end Richard S..Colley has not been approved b- the aity .Attorney as required by Artio1e II,- $action -19 and` Section 7L of emended Article V of the City Charter for the reason that said contract end the Ordinance authorising the same are not approved as to legal form because of the objection that Section 34 of 1 io1e V amended provides that, "No contract, agreement or other obligation involving the expenditure of money unless the Director of Finance first oertify'to the Council, or to the proper officer, as the case may be, that the money re- quired for such eontraot,.agreement, obligation or expenditure is In the Treasury ", and no certificate has ever been made in regard to this proposed expenditure. IMS:po T. M. Sing City Attorney,„, September 6, 1949 As architect retained by the City of Corpus Christi on their Civic Center Improvement Plan, I wish to take into consideration the City's financial condition and, therefore, will go ahead with the preliminary studies, plans, cross- estimates, illustrations, etc. on those buildings which the Commissioners wish to submit to the electo- rate for its approval. The architectural fees covering those projects will then be paid out of the Bond money. Richard S. Colley, Architect