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Home My WebLink About03646 ORD - 01/27/1954TEXAS: ORDINANCE NO. 3646 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND OV EEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE- MENT WITH BEN E. CHRISTIAN. ARCHITECT CORPUS CHRISTI, TEXAS, FOR ARCHITECT SERVICES IN DESIGNING AND CONSTRUCT- ING A NEW FIRE STATION TO BE LOCATEU -AT MORGAN AMID 11TH IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FOR THE CONSIDERATION AS SET FORTH IN SAID AGREEMENT; APPRO- PRIATING A SIX NOT TO EXCEE73 $7.8D0. OO OUT OF NO. 297 IMPR EMENT BONDS 19 1 CONSTRICTION FUND (FIRE STATION BUILDING), FOR SUCH SERVICES; A COPY OF WHICH AGREEMENT IS 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 is hereby authorized and directed for and on behalf of the City of Corpus Christi to execute an agreement with BEN E. CHRISTIAN, ARCHITECT, for architect services in designing and Construct- ing a new Fire Station to be locatedaLlMorgan and 11th in the City of Corpus Christi, Nueces County, Texas, for the consideration as set forth in said agree- ment, a copy of which is attached hereto and made a part hereof. SECTION 2. That there is hereby appropriated a sum not to exceed $7,800.00 out of No. 297 Improvement Bonds 1951 Construction Fund (Fire Station Building), for such architects= services. SECTION 3. The necessity for immediately entering into said con- tract in order that a new Fire Station may be constructed at the location designated above creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, declaring such emergency and necessity to exist, having requested the suspension of the said 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. PASSED AND APPROVED, This the day o anu y, 1954. ATTEST, MAYOR THE CITY rORPUS CHRISTI, TEXAS City Secretary APPkWEI AS TO iftAL FORM i City Attorney Tiik SrAT& W nuts 1 COO Y W s`94jHcL-j 1 '111 n AGREMM meedo the ioy of . 1%4 by cad between THE MY 7f Comew Cii IA1. TQ". A sirwteipai cospecation. 54tlou bevola iy and th"Wjb its City Ruaagar, duly aanthorised to aet. hea - ix0fter called tie 'City'# sed iseft F. Msistion. Architect. of Co>rpps Christi. year +s. keteinurtor called tae'; 'Arokiteeet ". ?1� A A Ix1_ that *d"". the City iMteaaais to ee■stsasrt t AM FYse i3OUSS to 04 located at 840"as red 11th in the City of Cospam Chriati. Texas. INOW, Tiaii MK, the City awl the Arshitoct. for tko csasiderartien kenisaefter Marred. Ourn as follows: 1 '°he Axahitact ag"as to poesme, for the shave nosed work, pro - fessip001 aervicas as hereinafter set tarts,. li °tae City z9greeu to pay the Ankltost for sank eerviess fix Poseent 0,) cat: the coax of the Croak. 4ald 6osid icastr to ace caiaolaatod, upon the estimated ast.ual o"t until seek time as the oatual out of the aossttustion has iy"* detsmimed by the letting of a osatrsot, freer asd after Wkish date, the natty *l sent of aeaStrMatlen ire d*%0M%IMW by the eeeteMSt pair shell fie rind 89 the cost of the wouk. irpt is an event shall than Arehiteet's tee eame wd the eur of '�eae+nn i`ksasaaarl, Light w adw and Nwlw Aollaa" w' .0a 111 Tho patties farther agree to the follewirg eornditioynse (1) The AMdteet's gwiros -T'he Atshltest•s ptsfeesiecal servieSS toosist of the mWessaxy saafesesess. the prWixotion of ptslialarrty st:edied. rorkial dcnMiags, Spesifleations. 19VJS 5ee1e and fall Sian detailtd riXMViapss the drafting of form of p"possls tMd soats+eatts; the isssanme of aertif1w +teas of paayaost; the keeping; of uoseuxts. the ipaercal adaalulatXatioM Of the ikueiMeSS and expervlsioe of the work. Said buildings. Shall be designed So as to be soMStvwtcd at a test net axooeding U3D.000.00, aad the Arakitest shall have seeplsted pleas and specifications ready for the City to advertise for bids within 60 dais from the date hereof. (2) IMeneadence gf i'rniaCts - It is mutually agreed that payments on Architect's basic fee as above defined shall be wade on each separate pro- ject independent of other projects. (3) Payments - payments to the Architect on account of kit fee shall be made as follows: (o) Upon completion of the preliminary studies and presentation to the City of preliminary plans and sketches and approval by the City of such Preliminary pleas and sketches, a sure equal to twenty per cent (20,) of the basic rate computed upon a reasonable estimated cost; (b) Upon completion of specifications and general working draw - tags including detailed plans and specifications, large scale and fall size detailed drawings, and the drafts of fond and proposals of contracts, and acceptance and approval of the same by the City, an additional sins equal to forty percent (400 of said basic rate shall he paid to the Architect. (c) Thirty percent MO of said basic fee shall be paid in installments 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 be the same as the sum of thirty percent (3 J of said fee bears to the total construction cost, until all of said thirty per- cent (301A) of said fee shall have been paid. (d) The balance of the fee shall be paid upon the completion sad the acceptance of all work required for the completion of the project and the approval and acceptance by the City of the some. No deductions shall be made from the Architects fee on account of penalty, liquidated damages, at other son withheld free payments to con- tractors, (a) The City may, at their option, assume the entire supervision of the project. In which ease the Architect's foe will be three and six -tenth percent (3.6 %) of above named cost not to exceed $4,60D.00. lY The City akall designate, and to for as the work under this agreement -2- my require. furnish the Architect with the following Information: A com- plete and accurate survey of the building site. giving the grades and lines Of streets. pavements, and adjoining propertiasi the rights, restrictions, easements. boundaries, and contours of the building site. and full Informs - tion as to sower, water, gas and electrical service, The City is to pay for borings or test pits and for chemical, mechanical, or other tests when required. Y The Architect will guard, the City against defects and deficiencies Of the work of contractors, bat he does not guarantee the performance of their contracts. The supervision of an Architect is to be distinguished from the co4tinuous personal superintendence to be obtained by the employment of a clerk -of -the- works. When authorize. by the City in writing, a clerk -of- the -works accept- able to froth the City and Architect shall 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. yl When requested to do so the Architect will furnish preliminary estimates an the cost of the Mark. but he does not guarantee the accuracy of such estimates. Vii The cost of the work, as herein referred to, means the cost of the City. but such cost shall not include any Architect's or Engineer's fees or reimbuxsemeuts or the aces. of a clerk -of -titer works. Vill The Architect shall provide a sufficient number of sets of com- plete working drawing and specifications covering the work, proposal forms and special instructions to bidders. for general distribution to all prospec- tive qualified bidders, who may secure a copy thereof by complying with the terse set out in said special instructions for obtaining same. The Architect shall furnish to the City. upon completion of sold project. or upon the termination of the contract as herein provided. in a suitable container for filing in the Business Office of the City, the original tracings er other positive printings. from which reprodaetions may be made, of -3- ALL AND DRAWINGS, TOGETHER W9TH A CORRECT AND LEGIBLE SET OF SPECIFI- CATIONS; AND ALL SUCH DESIGNS, DRAWINGS AND SPECIFICATIONS) PREPARED BY THE ARCHITECT PURSUA.IT TO TI415 CONTRACT SHALL BELONG TO THE CITY, AND THE CITY SHA -�L THE LAPTER HAVE FULL RIGHT TO USE AND FOLLOW SAID DESIGNS, DRAWINGS AND SPFCIFiCATIOPIS IN CONHSTRUCTING, UNDER CONTRA' "T OR QTHERW!SE, SUCH PROJECT, OR ANY OTHER SigILAR 4UiLOINGS OR STRUCTURES, WITHOUT 6Ei NG LIABLE TO ,ARCHITECT FO: -URTHEM, COMPENSATION SUCH USE. Ix THE ARi.KfTECT SHAF.L HOT ASSIGN. OR TRANSFER ANY INTEREST IN THIS CONTRACT WITHOUT THE PRIDR WRITTEN CONSENT Of THE CITY. IF THE �RCH;TECT IS A PARTNERSHIP, THIS CONTRACT, UPON THE TERMINATION OF SUCH PARTNERSHIP, SHALL 'NURE TO THE INDIVIDUAL BENEFIT OF SUCH OF SAID FORMER PARTNERS AS MAY BE DESIGNATED 0" THE CITY H£REIM, X THF_ ARCHITECT SHALL FURNNS i THE DOCUMENTS ANO PERSONAL;.Y RE"IDER OR PROVIDE THE SCIViCES REQUIRED DY THIS EONTRACTIN SUCH SEQUENCE AND AT SUCH TIIAES AS IAAY UE HIECESSARV TO INSURE THE PROMPT AND CONTINUOUS PROSECUTION OF THE WORK OF DESIGNING AND CONSTRUCTING THE PROJECT, AND IT IS UNDERSTOOD THAT ALL, DESIGNS ANN DETAILS Or DESIGNS ARE SUG.;E.CT TO THE APPROVA!_ OF THE CITY, AND UNTIL ACCEPTANCE OF THE RESULTS OF SERVICES THERE SHALL BE NO LIABILITY ON THE PART 0'7 THE CITY FOR SUCH SERVICES. IN TESTIOWNY WHEREOF, WITNESS OLVI Ht,NOS IN DUPLI TE, EACH DF WHICH SHAD., UE CONSIDERED AN ORPGINAL. ON THE DAY AND THE YEAR FIRST ABOVE WRITTEN. THE CITY OF LORPW CHRISTI, TEXAS BY ATTEST: RUSSELL E. MCCLURE, CITY MANAGER ITV StCRtTARY APPROVED AS TO LEGAL FORMt CITY ATTORNEY -4- €N E. CHRISTIAN, .RCHITECT JPNu A ^'( 26,12L4 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE 15 IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF NO. 297 IMPROVEMENT PONDS 1951 CONS T ItUC -•ION FUND fiFir E STA -ION DIJI'_D ING) FUND FROM WHICH IT 15 PROPOSED TO HE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. APPROVED - �- 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 SE 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, MAY R CITY OF US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN E L L R O Y KING P. C. CALLAWAY JAMES`. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEINE'/„- ELLROY KING P. C: CALLAWAY lT7l JAMES S. NAISMITH W. JAMES BRACE `• 1