HomeMy WebLinkAbout03386 ORD - 01/20/1953AN ORDINANCE —r�A�-
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO
EXECUTE AN AGREEMENT WITH WALTER E. WILDE AND
VERNON SMITH, ARCHITECTS, FOR ARCHITECT'S SER-
VICES IN ALTERING, IMPROVING, RENOVATING, AND
REMODELING THE FORMER 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; APPROPRIATING $15,000.00 FROM NO. 296
IMPROVEMENT BONDS 1950 CONSTRUCTION FUNDS (PUBLIC
LIBRARY) FOR SAID ARCHITECT'S SERVICES AS SPECI-
FIED IN SAID AGREEMENT; AND DECLARING AN EMER-
GENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS 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
WALTER E. WILDE and VERNON SMITH for architect's services in altering., im-
proving, renovating and remodeling the former 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:
—3 3 U
THE ST =,TE OF TEAS
COUNTY OF NUIECES
WHERE?,S, THE CITY OF CORPUS CHRISTI IS DESIROUS OF RE-
MODELING YKE FORMER CITT MALL LOCATED ON THAT CERTAIN TRACT OF
LAND BOUMOCO BY MrSQU'ITE, PEOPLE'S AND SCHATZEL STREETS IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND
WHEREAS, CCRTAIN STUDIES OF ENGINEERING SERVICES, SPECI-
FICATIONS AND DATA HAVE BECK OBTAINED AND ARE AVAILASLC TO THE
ARCHITECT HEREIN NAMED, AND THE FURNISHING OF SUCH MATERIAL IS
TAKEN INTO ACCOUNT IN FIXING THE AMOUNT OF FEE FOR SERVICES OF
THE ARCHITECT HEREIN ENPLOYED7
NW, THEREFORE, MW t,LL MEN BY THESE PRESENTS, THAT
FOR AND IN CONSIDERATION OF THE PROVISIONS HEREINAFTER COHTAIMEU
AND THE PAYMENTS HEREINAFTER PROVIDED, THIS AC+REEI#ENT MADE THIS
� DAY OF .JANUARY, 9953, HAS BEER AND iS HEREBY ENTERED
INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL COR-
PORATION OF TEXAS, ACTING MMA N BY AND THROUGH ITS CITY MANAGER,
DULY AUTHORIZED TO ACT, SAID CITY 3EING HEREINAFTER CALLED THE
OWNER, AND WATER E. WILDEAND VERNON SMITH, ARCNITECTS, HEREINAFTER
CALZ...EO THE �ACHITECT,
WITNESSETHs
THlk,.T, WHERE,•'S, THE CITY INTEM09 TD ALTER, IMPROVE, RENO -
1ATE AND RCMOOBL THE FORMER CITY HAL-L BUILDING LOCATED IN THE CITY
OF CORPUS CHRISTI ON THAT CERTAIN TRACT OF LAND BOUNDED BY WSOUITE,
"EOPL.ES AND SCHATZEL STREETS, FOR THE PURPOSE OF CONVERTIMf, THE SAME
TO THE USE Of AND FOR A PUBLIC LIBRARY IN THE CITY OF CORPUS CHRISTI,
TEXAS,
NOW, THEREFORE, THE OWNER AND THE ARCHITECT, FOR THE CON -
SIDENATION NCREIN NAMED, ACRES AS FOLLOWS:
F
Tom ;RCMITECT AGREES TO PERFORM, FOR THE A86VE MANED
WORK, PROFESSIONAL SERVICES AS HEREINAFTER SET FORTH.
11
THE CITY AGREES TO PAY THE .YRCMiTECT FOR SUCH SERVICES
SIX PER CENT (6$) OF THE COST Of THE WORK IN CONNECTION WITH
WHICH SUCH SERVICES NAME BEEN PERFORMED. SAID BASIC RATE TO BE
CALCULATED UPON THE ESTIMATED ACTUAL COST Of IMPROVEMENTS, ALTER-
ATIONS OR ADDITIONS TO BE MADE FROM THE USE Of THE 'kRCMITECVS
DRAWINGS UNT};, SUCH TIME AS THE ACTUAL COST OF THE CONSTRUCTION
HAS BEEN DETERMINED RY THE LETTING OF A CONTRACT, FROM AND AFTER
YHICM DATE, THE AC MAL COST OF LON.STRUCT1fl14 AS DETERMINED BY THE
CONTRACT PRICE SMALL BE USED AS THE COST OF THE WORK.
1i'i
THE PARTIES FURTHER AGREE TO THE FOLLOWING CONDITIONS;
(`i) THE .;RCHi TECT'S SERVICES. - -THE "RCHiTECT`S
PROFESSIONAL SERVICES CONSISTS Of THE NECESSARY CONFERENCES, TMI.
PREPARATION Of PRELIMINARY STUDIES, WORKING DRAWINGS, SPECIFdCA-
TIONS, LARGE SCALE AND FULL 812E DETAILED ORAWIHGS; THE DRAFTING
Of FORMS OF PROPOSALS AND CONTRACTS; THE ISSUANCE OF CERTIFICATES
Of PAYMENT; THE KEEPING OF ACCOUNTS, THE GENERAL ADMINISTRATION
OF THE BUSINESS AND SUPERY1S16N OF THE WORK. SAID SUILOING RE-
MODELING, RENOVATION, ALTERATION AND IMPROVEMENT SHALL BE SO DE-
SIGNED AS TO BE CONSTRUCTED AT A COST Of NOT EXCEEDING TWO HUNDRED
FIFTY` "T'r_ THC1U5 °;ND iML =RS ($ "D,WO), AND ',RCMITECT SMALL NAVE
COMPLETED PLANS AND SPECIFICATIONS READY FOR THE CITY TO ADVERTIZE
FOR BOW WITHIN THREE (3) MONTHS FROM THE DATE HEREOF.
(2) EMPLOYMENT Of CONSULTANT. - -1T 1S MUTUALLY AGREED
THAT THE SERVICES OF ANY CONSULTANT WHO MAY BE USED BY THE ARCHITECT
SMALL BE AT THE COST T -OF THE ARCHITECT WIT14MT THE RIGHT OF R €IM-
SURSE14ENT FROM THE CITY UNLESS THE SERVICES Of A SPECIAL CONSULTANT
R£OUESTEO IN WRITING BY THE CITY BE EMPLOYED BY THE ARCHITECT, IN
—2- .
WHICH EVENT THE REASONABLE EXPENSE OF SUCH SPECIAL CONSULTANT
SHALL BE PAfO BY TOE CITY.
(3) PAYMENTS. -- PAYMENTS TO THE .+RCNITECT ON ACCOUMT
OF HIS FEE SMALL BE MADE AS FOLLOWS:
(A) LP" COMPLETION O€ THE PRELIMSNARY STUOIES
AND PRESENTATION TO THE CITY OF PRELIMINARY PLANS AMP SKETCHES AND
APPROVAL BY THE CITY OF SUCH PRELIMINARY PLANS AND SKETCHES, A SUM
EQUAL TO TWENTY -FIVE PER CENT (25 %) OF THE BASIC RATE COMPUTED UPON
A REASONABLE ESTIMATED COST;
(0) UPON COMPLETION OF SPECIFICATIONS AND 4C%-
ERAL WORIIINS ORAWSN6Y3 INCLUDING DETAILED PLANS AND SPECIV)CATIONSS
LARGE SCALE AND FULi. SIZE DETAILED ORAWINGS, AND TILE DRAFTS OF FORMS
AND PROPOSALS OF CONTRACTSr AND ACCEPTANCE AND APPROVAL OF THE SAME
BY THE CITY, AN ADDITIONAL SOM EouAL TO FIFTY PER CENT (50%) OF
SAID BASIC RAT[ SHALL, SE PA110 TO THE -. RCHITECT,
(C) TWtt4TY -FIVE PE@ CENT (25%) Of SAID GASIC
FEE SMA%;_ BE PAID IN INSTALLN- Z-NT-S BY WAY OF MONTHLY PAYMENTS IN
AMOUNTS 43ASED 0#1 "rHE CONSTRUCTION ESTIMATES AS CONSTRUCTION 15 IN
PROGRESS AND EACH PAYMENT SHAL.i, GEAR A. AF'_ATION TO THE AMOUNT PATIO
Oti THE CONSTRUCTION WHICH WILL BE THE SAME AS THE 'SUN 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 SMALL HAVE BEEN
PA.F k3.
(D) THE DALANCE OF TM£. FEE IF ANY SHALL BE PAID
UP014 THE COMPLETION, AND THE WC EPTAMCC OF ALL WORK REQUIRED FOR THE
COMPLETION OF THE PROJECT AND THE APPROVAL AND ACCEPTANCE BY THECITY
OF THE SAME.
NO DEaUCT1ONS SHALL SE HAOE FROM THE :RCMITECT °5 FEE ON
ACCOUNT JF PENALTY, LIQUIDATED CAHAGESp OR OTHER SUFIS WITHHELD FROM
PAYMENTS TO CONTRACTORS,
IV
THE CITY SMALLS INSOFAR AS THE WORK UNOER THIS AGREEMENT
MAY REOUIRES FURNISH THE .`RCHITECT WITH THE €OI.LOWS%G IN €OWAA11ONS
-3-
CO"PtETE AND ACCURATE SURVEY OF THE BUILDING SITE, GIVING THE
GRADES AMD LINES OF STREETS, PAVEMENTS, AND AD401MING PROPERTICS1
THE RIGHTS, RESTRICTIONS, EASEMENTS, BOUNDARIES AND CONTOURS OF
THE alltIDI" SITE, AND FULL FORMATION AS TO SEVER, WATER, GAS AND
ELECTRICAL SERVICE.
w
THE -�RCHITECT WILL GUARD THE CITY A44IN'ST DEFECTS AND O£-
FICIENCIES IM THE WORK OF CONTRACTORS, BUT HE ODES NOT GUARANTEE
THE PERFORMANCE OF THEIR CONTRACTS. THE SUPERVISION OF AN ARCHITECT
i$ TO BE DISTINGUISHED PROM THE CONTINUOUS PERSONAL SUPERINTENDENCE
TO aE OBTAINED BY T14E EMPLOYMENT OF A CLERK- OF- PH£- WORRS.
W14EN AU1H0AI2ED BY THE CITY iM WRITING, A CLERK -OF -THE
WORKS ACCEPTABLE TO BOTH CITY AND :.i*CHITECV SMALL BE ENGAGED BY
THE - JbCMITECT AT A SALARY SATISFACTORY TO THE CITY AND PAID 13Y
THE CITY UPON PRESENTATION OF THE KMITECT °S MO'MT14LY STATEMENTS.
41
WHEN REQUESTED TO DO SO THE iRCHITECT WILL FURNI3M PRE-
LIMINARY ESTIMATES ON THE COST Of THE WORK, OUT HE DOES NOT GUAR-
ANTEE THE ACCURACY OF SUCH ESTIMATES.
Vll
THE COST DF THE WORK, AS HEREiN REFERRED TO, MEANS THE
COST TO THE CITY, BUT SUCH COST SHALL NOT INCLUDE ANY ARCHITECTS
OR V46J NEER'S FEES OR REIMBURSEMENTS OR THE COST OF A CLERK -OF-
THE - WORKS, NOR ANY PART OF THE AOMIMiSTRATIVC EXPENSE OF ANY DE-
PARTMENT Of THE CITY.
Vlll
THC ARCHITECT SHALL PROVIDE A SUFFICIENT MU'MBSR, NOW ES-
TiMATEO TO BE FIFTEEN (15), OF SETS OF CMPL'ETE WORKING ORAWINGS
ANiJ SPECIFIC TIOMS COV£14iHG THE WORTS, PROPOSAL FORMS, AND SPECIAL
INSTRUCTIONS TO 5100ERS, FOR GENERAL DISTRIBUTION TO ALL PROS -
PECTiV€ QUALif TED BIDDERS, WHO MAY SECURE A COPY THEREOF BY COM-
PLYING WITH THE TERNS: :SET OUT IN SAID SPECIAL INSTRUCTIONS FOR GO-
TAi%t%G SAME.
THE kRCNITE£T SHALL FURNISH TO THE CITY, UPON COMPLETION
OF SAID PROJECT, DR UPON THE TERMINATION OF TH►S CONTRACT At HERE-
IN PROVIDED, tN A 'SUITABLE CONTAINER FOR FILING IN THE BUSINESS
OFFICE OF THE CITY, THE ORIGINAL TRACINGS OR OTHER POSITIVE PRINT-
INGS, FROM WHICH REPRODUCTIONS MAY BE MADE, OF ALL OESIANS AND
DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS;
AND ALL SUCH DESIGNS, DRAWINGS AND SPECIFICATIONS PREPARED DY THE
"RCHtTECT PURSUANT TO THIS CONTRACT SMALL ®ELONO TO THE CITY, AND
THE CITY SHALL THEREAFTER HAVE FULL RIGHT TO USE AND FOLLOW SAID
DESIGNS, ORAWINGS AND SPECIFICATIONS IN CONSTRUCTING, UNDER CON-
TRACT OR OTHERWISE, SUCH PROJECT, OR ANY OTHER SIMILAR BL I.LDINGS
OR STRUCTURES, WITHOUT BEING !.IAULE TO iRCHITCCT FOR FURTHER COM-
PENSATION FOR SUCH USE..
1x
THE ;ARCHITECT $HA rIOT ASSIGN OR TRANSFER Ally IRTEReST
IN THIS CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY.
IF THE ARCHITECT IS A PARTII'ERSHIP, THIS CONTRACT, UPON THE TERMI-
NATO* OF SU 4I P'ARTNER$NtP, SHALL INURE TO THE IN01VIDUAL SENCiIT
OF SUCH OF tsAto FORMER PARTNERS AS MAY 96 OEStGNATEO RY THE CITY
HEREIN.
x
THE %.RCNITECT SMALL FURNISH THE DOCUMENTS AND PERSONALLY
RENDER OR PROVIDE THE SERVICES REOUtRED 6Y THIS CONTRACT IN WCW
SEQUENCE AND AT SUCH TIMES AS MAY t3E NECESSARY TO INSURE THE PROMPT
AND CONTINUOUS PROSECUTION OF THE WORK OF DESIGNING AND OMSTRUCTING
THE PROJECT, A" IT 19 URDVRSTOOD THAT ALL DESIGNS AND OCTAI;.S OF
DESIGNING ARE SUBJECT TO THE APPROVAL OF THE CITY, AND UNTIL ACCEPT.
ANCE OF THE RESULTS OF SERVICES THERE SHALT. BE NO LIABILITY ON THE
PART OF THE CITY FOR SUCH SERVICES.
xi
{N THE EVENT THE WORK W JMPROVEI4ENT, ALTERATION, REMODEL -
it4G, ANO RENOVATION OR ADDITIONS CONTEMPLATED BE DELAYED OR ABANDONED
-5-
AFTER APPROVA? OF PLAIDS AND SPECIFICATIONS, THE Cf TY SHALL BE
LIABLE ONLY FOR SUCH PORTION OF THE FEES AS NAVE ACCRUED TO THE
TIME OF THE OECISION OF CITY TO Ott-AY OR DISCONTINUE SUCH WORK,
ANO, IN THE EVENT CONSTRUCTION 19 AT THAT TIME ACTUALLY IN PRO-
GRESS $O AS TO INVOKE THE PROVISIONS OF SUB- SECTtOW 3 W OF
PARACIRAPH 111, THE j +RCHIT£CT SHALL BE ENTITLE12 TO 0AYN_NT FD&
THE STATED PERCENTAGE CALCU'_ATED UPON THE 5.ASI$ OF ACTUAi. EXPEN-
DITURES IN CONSTRUCTION TO THE DATE OF THE DECISION DP CITY TD
DELAY C P ASAMFIOM SUCH WORK.
IN TESTINOW WWREOF, F11THEssETH otik HANDS IN tDUPLIC .tE
EACH OF WHICH SHALL BE COUNTED AN ORTGIN ?,L, ON THE, DAY AND YEAR
FIRST ASOVE WRITTEN.
THE CITY OF CORPUS CHRISTI
a TfEST:
BY
CITY MANAGER
CITY SECRETARY
,PMVEO rS TO LEG'.L FORM: N 3
_ ?RCHITECTS
CITY TTrJRNCY
WALTER E. WILDE
VERNON 511
SECTION 2. That there is hereby appropriated out of No. 296
Improvement Bonds 1950 Construction Fund (Public Library) Fifteen Thousand
($15.000.00) Dollars for said architect °s services as specified in the
attached agreement.
SECTION 3. That the need for altering, improving, renovating
and remodeling ity Hall Building for the purpose of convert-
ing 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 resolu-
tion 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 requested that said Charter rule be
suspended and that this ordinance be passed finally on the date it is intro-
duced, and take effect and be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED This the L.t day of January, 1953.
MAYO@ — —
The City of Corpus Christi, Texas
City Secretary
AP /PROOVVEDD AS LEGAL FORMS
City Attori ey
4
CORPUS CHRISTI, TEXAS
January 20 i9m_
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINARCE, 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, • "B Ti147 5N 611 B7�b IWAlJEE Bf! -i!E
y AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL;
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,
MAT RO
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
LESLIE WA55ERMAN
FRANK E. WILLIAMSON
JACK DEFORREST
GEORGE L. LOWMAN
MIKE A. NEEDHAM, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
LESLIE WAS5ERMAN
FRANK E. WILLIAMSON
JACK DEFORREST
GEORGE L. LOWMAN
MIKE A. NEEDHAM, JR
11 /
$15,000.00 January 20, 1953
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. 296 Improvement Bonds 1950
Construction Fund (Public r;hrarv)
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Director of Finance