HomeMy WebLinkAbout03617 ORD - 12/16/1953TEXAS:
AN ORDINANCE No. 3617
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN
AGREEMENT WITH E. DEXTER HAMON, ARCHITECT, FOR ARCHITECT'S
SERVICES IN DESIGNING AND CONSTRUCTING THE ENLARGEMENT
OF THE ADMINISTRATION BUILDING AT CLIFF MAUS MUNICIPAL
AIRPORT IN THE CITY OF CORPUS CHRISTI} TEXAS, FOR CON-
SIDERATION AS SET FORTH IN SAID AGREEMENT; APPROPRIATING
A SUM NOT TO EXCEED $1,362.00 OUT OF NO. 295 IMPROVEMENT
BONDS 1948 CONSTRUCTION FUND (AIRPORT IMPROVEMENTS), FOR
SUCH ARCHITECT'S SERVICES; A COPY OF WHICH AGREEMENT 15
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER 15 HEREBY AUTHORIZED AND DIRECTED
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH
E. DEXTER HAMON, ARCHITECT, FOR ARCHITECT'S SERVICES IN DESIGNING AND CONSTRUCTING
THE ENLARGEMENT OF THE ADMINISTRATION BUILDING AT CLIFF MAUS MUNICIPAL AIRPORT
IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR CONSIDERATION AS SET FORTH IN SAID
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THERE IS HEREBY APPROPRIATED A SUM NOT TO EXCEED
$1,362.00 OUT OF No. 295 IMPROVEMENT BONDS 1948 CONSTRUCTION FUND (AIRPORT
IMPROVEMENTS), FOR SUCH ARCHITECT'S SERVICES.
SECTION 3. THAT THE NEED TO PROCEED WITH THE DESIGNING AND CONSTRUCTING
OF THE ENLARGEMENT OF THE ADMINISTRATION BUILDING AT CLIFF MAUS MUNICIPAL AIRPORT,
BEING OF PUBLIC IMPORTANCE, CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CITY CHARTER RULE THAT NO ORDINANCE
OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE
PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND
TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS
ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED THIS THE DA OF DECEMBER, 1953•
ATTEST,' /! MAYOR
THE CITY OORPUS CHRIS 4, TEXAS
CITY S CRETARY - -.
APPROVED AS Z LEGAL FORM:
CITY ATTORNEY
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THE STATE OF TEXAS
COUNTY Of NUECES
THIS AGREEMENT MADE THE E DAY Of DECEMBER, A. D. 1953, 6Y
AND BETWEEN THE CITY OF CORPUS CHRISTI,, TEXAS, A MUNICIPAL CORPORATION,
ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY AUTHORI?ED TO ACT, HERE-
INAFTER CALLED THE `CITY', AND E. DEXTER 1I4MO ARCHITECT, OF CORPUS CHRISTI,
TEXAS, HEREINAFTER CALLED THE ''ARCHITECT'p
WITNESISE I h
THAT WHEREt$, THE CITY INTENDS TO CONSTRUCT AN ENLARGEMENT OF THE
ADMINISTRATION BUILDING AT CLIFF 14AUS MUNICIPAL AIRPORT IN THE CITY OF CORPUS
CHRISTI, TeXAS.
NOW, THEREFaRE, THE CITY AND THE ARCHITECT, FOR THE CONSIDERATION
HEREINAFTER NAMED, AGREE AS FOLLOWS:
I
THE ARCHITECT AGREES TO PERFORM, FOR THE ASOVE NAMED WORK, PRO-
FESSIONAL SERVICES AS HEREINAFTER SET FORTH.
11
THE CITY AGREES TO PAT THE '- .RCNITECT FOR SUCH SERVICES SIX PER CENT
(6$) OF THE COST OF THE WORK. SAID BASIC RATE TO BE CALCULATED UPON THE ESTI-
MATED ACTUAL COST UNTIL SUCH TIME AS TOV ACTUAL COST OF THE CONSTRUCTION HAS
BEEN DETERMINED SY THE LETTING OF A CONTRACT, FROM AND AFTER WHICH DATE, THE
ACTUAL COST OF CONSTRUCTION AS DETERMINED BY THE CONTRACT PRICE SHALL BE USED
AS THE COST OF THE WORK, BUT IN NO EVENT SHALL THE ARCHITECT'S FEE EXCEED THE
SUM OF ONE THousAND THREE HUNDRED SIXTY-Two DOLLARS ($1,362.00)-
III
THE PARTIES FURTHER AGREE TO THE FOLLOWING CONDITIOk51
(1) THE ARCHITECT'S SERVICES. — THE ARCHITECT'S PROFESSIONAL SER-
VICES CONSISt OF YNE NECESSARY CONFERENCES, THE PREPARATION OF PRELIMINARY
STUDIES, WORKING DRAWINGS, SPECIFICATIONS, LARGE SCALE AND FULL SI<E DETAILED
DRAVIHGSS THE ORAFTI" OF FORMS OF PROPOSALS AND CONTRACTS; THE ISSUANCE OF
CERTIFICATES OF PAYMENT; THE KEEPING OF ACCOUNTS, THE OENE.RAL ADMsNISTRATION
OF THE RUSINESS AND SUPERVISION OF THE WORK. SAID BUILDING SHALL BE DESIGNED
SO AS TO BE CONSTRUCTED AT A COST OF HOT EXCEEDING 122,7W, AND =+.RCHITECT
SHALL HAVE COMPLETED PLANS AND SPECiFiCAT1ONS READY FDR THE CITY TO ADVER+
TiSE FOR BIDS WITHIN THREE (3) MONTHS FROM THE DATE HEREOF.
(2) INDEPENDENCE OF PROJECTS. — IT IS MUTUALLY AGREED THAT PAY•
MEMTS ON ARCHITECT'S SAEM FEE AS ABOVE DEFINED SHALL BE MADE ON EACH SEPARATE
PROJECT INOEPENDENT OF OTHER PROJECTS.
(3) PAYMENTS. -- PAYMENTS TD THE »RCHITECT ON ACCOUNT OF Ht$ FEE
SHALL BE MADE AS FOLLOWS:
(A) UPON COMPLETION DF THE PRELIMINARY STUDIES AND PRESENTATION
TO THE CITY OF PRELIMINARY PLANS AND SKETCHES AND APPROVAL BY THE CITY OF SUCH
PRELIMINARY PLANS AND SNETCHES#, A SLUM EQUAL TO TWENTY PER CENT (20) OF THE
BASIC RATE COMPUTED UPON A REA3ONA9LE ESTIMATED COST;
(B) UPON COMPLETION OF SPECIFICATIONS AND GENERAL WORKING
DRAWINGS INCLUDING DETAILED PLANS AND SPECIFICATIONS, LARGE SCALE AND FULL
51?C DETAILED FRAWi NGS, AND THE DRAFTS OF FORMS AND PROPOSALS OF CONTRACTS,
AND ACCEPTANCE AND APPROVAL OF THE SAME BY THE CITY, AN ADDITIONAL SLIM EQUAL
TO FORTY PER CENT (40%) OF SAFD BASIC RATE SHALL BE PAID TO THE :,RCHITECT.
(C) THIRTY PER CENT �3t.� OF SAID BASIC FEE SHALL DE PAID IN
tN$TALLMENTS BY WAY OF MONTHLY PAYMENTS IN AMOUNTS BASED ON THE CONSTRUCTION
ESTIMATES AND EACH PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON THE
CONSTRUCTION WHICH WILL SE THE SAME AS THE SUM OF THIRTY PER CENT (300) OF
'SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST, UNTIL ALL OF SAID THIRTY PER
CENT (30%) OF SAID FEE SHALL HAVE BEEN PAID,
(D) THE BALANCE OF THE FEE SHALL BE PAID UPON THE COMPLETION
AND THE ACCEPTANCE OF ALL WORK REQUIRED FOR THE COMPLETION OF THE PROJECT
AND THE APPROVAL AND ACCEPTANCE BY THE CITY OF THE SANE.
No DEDUCTIONS $HALL BE MADE FROM THE )kRCHITECT'S FEE ON ACCOUNT OF
PENALTY, LtQJFDATED DAMAGES, OR OTHER SUM WITHHELD FROM PAYMENTS TO CONTRACTORS.
IV
THE CfT SHALL DESIGNATE, AND SO FAR AS THE WORK 'UNDER THIS AGREE-
MENT MAt REE}UtRE,, FURNISH THE - ;RCHiTECT WITH THE FOLLOWING tNFORMATiOMS
COMPLETE AND ACCURATE SURVEY OF THE BUILDING 'SITE, GIVING 714E GRADES AND LINES
-2-
OF STREETS, PAVEN[HTS, AMD ADJOINING PROftlIT1ES; THE RIGHTS, POSTRICTIONS,
CASEMtNTS, BOUNDARIES, AND CONTOURS OF THE BUILDING SITE, AND FULL INFOR-
MATION AS TO SEWER, WATER, GAS AND ELECTRICAL SERVICE, THE CITY IS TO PAY
FOR S*RINGS DR TEST PITS AND FOR CHEMICAL, MECHANICAL, OR OTHER TESTS WREN
REGii 1 REV.
V
THE ;:ARCHITECT WILL GUARD THE CITY AGAINST DEFECTS AND DEFICIENCIES
IN THE WORK OF CONTRACTORS, BUT HE DOES NOT GUARANTEE THE PERFO"ANCE OF
THEIR CONTRACTS, THE SUPERVISION OF AN d' '...RCHtTECT IS TO BE DISTINGUISHED
FROM THE CONTINUOUS PE" ONAL SUPERINTENDENCE TO�OE OBTAINED BY THE EMPLOY-
MENT QF A CLERK -OF- THE - WORKS,
WHEN AVTHQRIiED BY THE CITY IN WRITING, A CLERK -OF -THE -WORKS
ACCEPTABLE TO BOTH THE CITY AND - ,RCHI'TECT SHALL BF ENGAGED BY THE ."RCHITEC7
AT A SALARY SATISFACTORY TO THE CITY AND PAID BY THE CITY, UPON PRESENTATION
OF THE :,RCHiTECT'S MONTHLY STATEHENT3,
Vf
OMEN REQUESTED TO D" SO THE ?'IRCHITECT WILL FURNISH PRELIMINARY ESTI-
MATES ON THE COST DF THE WORK, SOT HE DOES NOT GUARANTEE THE ACCURACY OF SUCH
ESTIMATES.
VIl
THE COST OF THE WORK, AS HEREIN REFERRED 70, HEAMS THE COST TO THE
CITY, out SUCH COST SHALL NOT INCLUDE ANY ARCHITECT'S OR ENGINEER'S FEES OR
REINSURSEMENTS OR THE COST DF A CLERK- CF+ -TNE- WORKS.
Vlll
THE -- ,RCHITECT SHALL PROVIDE A SUFFICIENT NUMBER OF SETS OF COM-
PLETE WORKING DRAWING AND SPECIFICATIONS COVERIMG THE WORK, PROPOSAL FORMS
AND SPECIAL INSTRUCTIONS TD BIDDERS, FOR GENERAL DISTRIBUTION TO ALL PROSPECTIVE
QLALIFIEO BIDDERS, WHO MAY SECURE A COPY THEREOF BY CtMIPLYIN12 WITH THE TERMS
SET OUT IN SAID SPECIAL INSTRUCTIONS FOR OBTAINING SAME.
THE IRCHITECT SHALL FURNISH TO THE CITY, UPON COMPLETION OF SAID
PROJECT, OR UPON THE TERMINATION OF THIS CONTRACT AS HEREIN PROVIDED, IN A SUIT -
BLE CDHTA NCR FOR FILING IN THE BUSINESS OFFICE OF THE C TY, THC ORIGINAL
TRACING`S 00 OTHER POSITIVE PRINTINGS, FROM WHICH R'EPRODU'CTIONS MAY BE WADE,
Or ALL DESION3 AM DRAWINGS, TOGETHER WITH A CORRECT AND LC46I6LC SET Or
SPECIFICATIONS; AND ALL SutM 09519164, DRAWINGS AND SPEC' €ICATIONS PREPARED
i" THE :,RCIItTCCT PVPSUANT TO THIS COMTRACT SHALL SELOHS TO THE CITY, AND THE
CITY 341ALL THVIttAFTER 4,;VE FILL RIGHT TO USE AND FOLLOW SAID O[910NB,, O*AWIHl.S
AND SAECIFICATION" IM !,. "x'�1T3iLiC719SDr iiNGCk CZiN -TPACT LIP OTIf:ERWlSfp SUC$i PRDJECY,
GR ANY OTHER SlMuLtB OUILDIM -11 DR STRU,CTUPE3A WITHOUT 3E1k6 LIRSLE TO `.RCH1TtCT
FOP 1'- ,tkTIIL.P. FOP 9U ^H UPE, .
IN
THE `.PCMtTf.CT SHALL NOT A - -,.,t X DO. TRAHSrER ANY INTEREST IN THIS
CONTRACT WI THOQT THE PRi OR VOI T-7 rH CON3VIT CIS€ THE C!17-.. IF ?tie I' RCHI TECT is
A PARTNERliRi P, T',4 i ii C*N? ACT; URDU YNE TCRKJV1 T I ON OF :11CH PARTNCRT.HI P, '114ALL
INURE 'iO TK I kD C Y I V4iL OVOCF [ T Of SOCK OF 31,10 F4kNCR PAMTNER"5 AR MV Of. OtE f G -
RATED C4Y THE 'CITE HEREIN,.
X
Wr 'RC H] rECT SHALL FURNIZV THC COCJl-'jCNT3 AND fitMSORALLV RENDER
OR FIlC3vMIDI iil& EFd'Ytd;a, ECik141E6 Zr ir!s:a [?tlT 11SI7 fN S'mm S£.UtNCE AND AT SUCH
TIME* AS MAY DE MECXSSAal' TO INSURE THE PROMPT AND CONTINUOUS PROSCCUTION OF
T44E WORK. OF DESiGNiNG AND CONSTftSCVN0 1144 CIRO,IECT, d,Hti ?T IS UNDE.R5TOOD THAT
ALL OCS i r." PND ;'1 t;T' +; L'S OF DE?i l +NN r -LR.. >U4i- ,IC41T TO Yet£ ,APPRO` A', OF rH'F CITY,
?WD i1TIh ACCCOTAHCE CAF THE RESULTS OF 3£RViCElii THERE SHALL Be NO LIADILITY
ON THE PART OF THE CITY FOR SUCH SERVIC'ES,.
IN TESTIMONY WKRE,Y, WiTHESS OUR H ItM IN DUPLIC'JE, CACH or WHICH
SHALL SE CON3r8ERLO AN @RIOINAL/ ON THE DA° ?%o THE ?EAR FIRST Amove WR1TTtm.
THE CITY OF CORPUS CHRISTI, TER;'.S
: JnST:
BY
CITY WmActst
CITY SECRETARY
`:PPROIVED ,,.5 TO LEG `-L FORM:
IT` ;JTSIIFi4E'1
". rk L J Lam'' 'cf�.
r--NX'tElt ",�",RCNITrCY
..4-
THE STATE OF TEX, -S
COUNTY OF NIECES
$EfOK ME, THE UNDERSIONE0 AUTHORITY, AN THt% DAY PERSONALLY APREARED
RUSSELL L„ MCCLU JtE, CITY #IANAOCR FOR THE CITY OF CORPUS CHRIST'S AND KNOWN t0
NE To 0E THE PrRSPN WHOSE NAME IS SUaSCRIaED TO THE FOAWINQ INSTNUMENT, AND
ACXNOWLEOOED TO ME THAT ME HAD EXECUTED THE SABLE AS THE ACT AND DEED OF SAID
CITY Of CORP*l% CHART' EC!? THE' PURPOSE° nNl~ CON:x- D!ERLTION TMEREaM EI'PRE4 —"D
AND IN THE CAPACITY STATED
GIVEN UN'1ER MY H40 'M -SE1 Of CfftCE, THIS bAY OF DECL>eep,
195:3-
", TARr PUBLIC IN AND FOR NUECES Cbumr: ,
TEXAS.
THE Sr °.TE OF TM!-"
COUNTY OF WECES
SEFORE NE, THE UNGCRSIGNE0 AUTHORITY, ON Tally DAY P €RSONALLY APPEARED
E, DEXTER bl4M, AN ARCHITECT OF THE CITY OF CoRml; CHRISTI, TEXAS, KNOWN TO
HE TD BE THE pERSOH WHOSE NAME IS $003CRIOCO TO THE FOREf301AtD INgTRUHENT, AND
ACKNOWLEDGED TO HE THAT ME EXECUTE* THE SAME FOR TNC P{1RPOSES AND CONSIDERATION
THEREIN EYPRESM. /
GIVEN UNDER W HAND ^NW W'l OF OFFICE, Tws /C� DAY OF JELEBtsER,
1953.
r J
S
NOTARY PUBLIC tM mo FOR NUCCES CI9UNr,
T:" 1, "k
-o5«
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACTS AGREEMENT, OBLIGATIONy OR EXPENDITURE CONTEMPLATED IN
THE ABOVE AND FOREGOING ORDINANCE 15 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,
APPROVED / j .
CITY CONTROLLER
DIRECTOR OF FINANCE
CORPUS CHRISTI, TEXAS
, 1953
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING 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; 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,
MAYOR 2.
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELI-Roy KING
����ffff'''�`
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE
_.l
FOLLOWING VOTE:
A. A. LICHTENSTEIN��,
ELLROY KING
`
P. C. CALLAWAY
JAMES S. NAISMITH
e:
W. JAMES BRACE
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