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Home My WebLink About03094 ORD - 07/17/1951AN ORDINANCE 9UTHORIZING P.ND DIRECTING ThE CITY MANAGER FOR AND CN BEHALE OF THE CITY OF CORPUS CiltiISTI TO E -CCUTE AN AGF=- KENT YFITH MORRIS L. LEVY FOR P-RCHITECT'S SERVICES IN ALTERING, IMPROVING, RENOVATING, AND REMODELING THE PRESENT CITY HALL BUILDING FOR THE PURPOSE OF CONVERRTING TEE SAME TO THE USE OF A PUBLIC LIBRARY IN THE CITY OF CORPUS CHRISTI, FOR CONSIDERATION AS SET FORTE IN SAID AGREEMENT, #S COPY OF NHICH IS ATTACIED RERETO AND MADE A PART EZREOF:; APPROPRIATING $25,500.00 FROM No. 296 IbT_R0V2,1ENT BONDS 1950 CONSTRUCTION FUNDS (PUBLIC LIBRARY) F02 SAID ARCHITECT'S SERVICES AS SPECI- FIED IN SAID AGREEMENT; AND DECLARING _LN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COI31'US CHRISTI; SECTION 1. That the City Manager is hereby authorized and directed for and on behalf of the City of Corpus Christi to execute an agreement with Morris L. Levy for architect's services in altering, improving, renovating, and remodeling the present City Hall Building for the purpose of converting the same to the use of a Public Library in the City of Corpus Christi, for consideration as set forth in said agreement, a copy of which is attached hereto and made a part hereof, to-wit., 7/) 3/s:L AIWA COUNTY 0? MCES TUS AGREFAM PLUM This the 17tnday of July, 1931, by and between T11 CITY OF COR-PUS rURjSTI, TEXAS, � nranici fai corporation, arlting herein by and throu.9h, its City < anger, duly authorized to act., hereivat`ter celleri the "City,; , and MC+PRIS L. UVY, _r?rehitec-L, of Corpus Qhristi , Nue ^es co=t—y, Texas, hereinafter celled the "tarchitect ", W I T N Y S 5 P T IF : THAT, Whereas, the City intends to alter, improve, renovate, and remodel the preseA- City Hall Building for the purpose of con- verting the same to the use fur a Public _idrary in tile City of CorpkvA (,31.2`isti, '±'exas, HUW, TRERM BE, The City a lld the lurehitect'., for the consideration here!WMer .named., ar�ree as :Pcl3��ws: I The.Architeet agrees to perform, for the above named work, professional services as hereinafter set forth. The City agrees to pay the Architect for such services EIfHO AN OM -MLF PER CEWT [$ ) of the cost of the work in con- nection with which such services have been ;performed. Said basic rate.to be calculated upon the estimated actual cost of improve - scents, alterations or additions to be made -from the use of the Arohiteet''s drawings until. aneh time as the ectual cost of the construction has been determined by the letting of a contract, from end after Tdhi.ch date, the actual cost of construction as de- termined by the contract Price ahall be used as the cost of the work. -1- llI The Parties further agree to the following eonditionstf (l) The Aarehitect's services. --The Architect's professional. services.cone;ista Of the necessary confereucces,.the preparation of prelimixtry studies, working drawings., speeificae. bons; large scale and full size detailed drawings; the axafting of forma of proposals and contracts; the.issumee of certificates of paywnt; the keeping of accounts, the general administration of the business abd euper isioa of the work. Said building re- zideling, renovation, alteration and improvement shall be so do.. signed az to be 0074structed at a east of ftot exceeding TMM MWWREDTHOMADD LOLMS _0300,000), and arc%atect shall have completed plans aad svec111cations ready for the City to ad- ve tise fOr bids vithlA . six (6) rOnths front the date hereof, (2) JVlOyment Of COnaultant. -- It is mutailly agreed that the services of a consultant gaalifled on library arreasg'emeut to the satisfaction oz the City of Cor as,Chrieti Eshall by obtain ed by the Architects the =at of xvhich servicee shall be paid by the archit t wit of the fee herein provide4 to be paid to the Architect, and at no additional expense to the City. (3) I'ayMBstt - -- PaYmats to the Arehitact on account of his fee shall he made as follovaa {a) Ripon completion of the preliminary studies and praseutatiOR to the City* of preliod0ary plane and sketches and approval by the City of such preliminary plans and sketches, a sum equal to thi-ety-five . per cent (35 %) of the basic rate computed upon a reasonable estimated cost; (b) Upon cmPletion of specifications and gea- eral.working drawings including detailed plums and specifications, large scale and fu1;l size detailed drawings, and the drafts of form »2- and proptmml:a of contracts, and acceptEmce and approval of the seise by the City, an additional sum equal to forty-five per cent ( �) pf said basic rate shall be paid to the.Architect. , (e) enty.pereeat.(20%) of said basic fee shall be paid in instia3imearts -by vay of mpathly .ps: ntz' in MuOunts based on the construction .estiaates as construction is iii progress and each paymextt shall bear a relation to the "cunt :said on the construction which will be the same as the sum of twenty per cent (2Vp) of sai& fee be€ ra to the total construction cost, until all Of said twenty per cent of said fee shall_ have been paid. (d) The balauce of the fee it any sba.11 be paid upon the completion .,%ad the acceptance of a.0 Mork required for the completio:a flf the project and the approval aad acceptance by the CXty of the O&O'e. No deductions shall. be Aude from the Architect's Yee on account of penalty, liquidated dr, ges, or pother sums w 14hheld from pmts to contractors. IV The Uty shaU, insofar as the work under this agreement may regaire, furnish the Architect with the fol1roving information. A cramplete and accurate survey of the building site, giving the greAes and. lines of streets, pavements, and adjoining properties; the rights, restrictions, easements, boundaries and contours of the building site, and fall formation as to serer, water, gas and electrical service. Y Thie Architect will guard time City* against defects and de- ficiencies in the vrnrk of contractors, but he does not guarantee the performance of their contracts. The supervision of an Architect is to be distinguished from the continuous personal superintendence to be obtained by the employment of a clerk- of,the_vorks, »3. When authorized by the City in writing, a clerk -of -the works acceptable-to bath City and Architect shalt be engaged by the Architect at a salary satisfactory to the City and paid by the City upon presentation of the Architect's monthly statements. VI When requested to do eo the Architect will furnish pre- liminary estimates on the cost of the 'work, but the does mot guar. antee the anr,uracy of surer estimates. V The cost of the work, as hereiureferred t;;, means the cost to the City, but such cost shall not include aMr architect's or engineer's fees or reimbursements or the coat of a clerk -of- the.vorrts, nor any ; t of the %dtrinlstrative expense of any de- partment of the City. VIII The Architect shall provide a sufficient an�,ber wf sets of complete working drawings and specifications covering thc- work, pn;-_osal forms, and sp °ciaZ im-- trtctions to biddor a, for general distribution to all prospective qualified bidders, who may secure a cop; thereof b7 complying with the terms set out in said special instructions for obtaining a aje. The Architect shall furnish to the City, upon ee>mpletlon Of said pr.o�ect, or upon the termination of this contract as here- in provided, in a scitabl_e container for Fil.iag in the Business Office of the City, the 0M,91nal tracings or other positive priut- inge, from which reproductions may be made, of all designs and dravinga, together with a correct and legible set of specifications, end all such designs, drawings and speci icatioas prepared by the Architect pursumit to this contract shall belong to the City, and the City sb ll thereafter have full right to use and Follow eaid designs, drawings and specifications in coustructIng, under con- tract or otherwise, such project, or any other similar buildings or structures, without 'being liable to Architect for further com- pensation for such use. .4- Ix The i- rehi.tect Aha]l not &ali:gn or transfer any interest I"_ this 404traact 'Without the prior Vritten consent of the City. if base Architect " a pa fsbip, this contract, upon the termination Of such Partnership., Bb011 inure to the IwUvidual benefit of such of . cad femer partners as wq be designated by the City bezeln. x T.s Areb teat shall f rniash the documents and pesrsonsany render OP provide the Services required by this contract in swats aegc.enoe and $t Such times se may be necessary to insure the proapt sand, continuous preseautlOn Of the work of designing and eonstraotimg th€s pra3ect, and it is unaerstogd that all designs and details of designing are subject to.the approvs3 of the (;3ty, and Mt accept- ance of the xremats of serviaes there eh:ll be no liability on. the Wt of thG City for Ma 0WVJoa?s. xi In the event, the work of .iapmvamont, aalterataono rwedel- -Ing, and renovatio -a or additions Contemplated be delayed or abandaar- ed :a;ftar approval: of pla s :and specifications, the Gity sha.0 be l ieable may for such portion of the fees !3s have accrued to the time of the decision o£ City to relay or discontinue such work, and, in the event construction is at that tiw aotutLUy in progreas so as to invoke the provisions of Sub-�sactien 3 (e) of Paragraph III, this Architect axe be entitled to payment for the stated percentage oaaloulated upon the basis of actual expenditures in OQUstruction to the date of the deci- sion of City to delay or abandon such work Iff TESTIMNYWHMMP, WitUgsaeth our band$ in DUPLICATE each Of which shall ins counted an OR111DINAlo . on "trite day sad year, first above vritten. W& CITY OF COBS CHMT1 By City 1%naager City secretary AFFRO"D k8 TO MAL FORM: city tame t arris L. SECTION 2. That there is hereby appropriated out of No. 296 Improvement Bonds 1950 Construction Fund (Public Library) Twenty - Five Thousand Five Hundred Dollars ($25 :500.00) for said architect's services as specified in the attached agreement. SECTION 3. That the need for altering, improving, renovating and remodeling the present City Hall Building for the purpose of con- verting the same to the use of a Public Library for the City of Corpus Christi creates a public emergency and imperative public necessity requiring the suspension of the Charter rule or requirements 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, and the !Mayor having declared that such public emergency and imperative public necessity exist, and having re- quested that said Charter rule be suspended and that this ordinance. be passed finally on the date it is• introduced, and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY 60 ORDAINED. PASSED AND .APPROVED This the day of July, 1951• MAWR The City of Corpus Christi, Texas JAOT!S City Secretary APPROVED AS TO +GAL FORM: ty•Attor Corpus Christi, Texas July a Ica* 1951 TO THE MMERS OF THE CITY COUNCIL Corpus Christie Texas Gentlemens For the reasons set forth in the emergency clause 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 Council; 1. 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 Councils Respectfully, MA'YGR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following votes Leslie Was aerman Jack DeForrest Barney Cott Sydney R. Herndon George Le Lowman 30 J111y 17, 1951 Z 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, 296 Improvement Bonds 1950 Construction Fund (Public Library) ($25,500.00) TAk% from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance 1