HomeMy WebLinkAbout03721 ORD - 04/07/1954AC -4/6/54
TEXAS:
AN ORDINANCE
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 A PUBLIC UTILITIES
OFFICE BUILDING ADDITION TO THE CITY HALL OF THE CITY OF
CORPUS CHRISTI, TEXAS, FOR CONSIDERATION AS SET FORTH IN
SAID AGREEMENT; APPROPRIATING A SUM NOT TO EXCEED $8,460.00
OUT OF NO. 202 CITY OF CORPUS CHRISTI WATERWORKS SYSTEM
CONSTRUCTION FUND FOR SUCH ARCHITECT'S 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
E. DEXTER HAMON, ARCHITECT, FOR ARCHITECT'S SERVICES IN DESIGNING AND CON-
STRUCTING A PUBLIC UTILITIES OFFICE BUILDING ADDITION TO THE CITY HALL OF THE
CITY OF CORPUS CHRISTI, TEXAS, FOR 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
$8,460.00 OUT OF N0. 202 CITY OF CORPUS CI;RISTI WATERWORKS SYSTEM CONSTRUCTION
FUND FOR SUCH ARCHITECT'S SERVICES.
SECTION 3. THAT THE NEED TO PROCEDD WITH THE DESIGNING AND CON-
STRUCTION OF A PUBLIC UTILITIES OFFICE BUILDING ADDITION TO THE CITY HALL, 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 IS 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 15 ACCORDINGLY
50 ORDAINED.
PASSED AND APPROVED THIS THE J DAY OF ?:PRIL, 1954.
ATTEST,!' ✓ MAY PRO TfM
CITY OF CO PUS CHRISTI, TEXAS
jCI T", SECRETARY �
APPROVED AS TO LEG_.L FORM:
CITY ,'T ORNEY�
AC t4/6/54
THE STATE OF TEXAS
C"TY OF N"CES
THIS I114REENIEW, MADE AND ENTERED INTO THE DAY of APRIL., 1954,
By AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MuRicIPAL CORPORATION,
ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY AUTHOR14CO TO ACT, HEREIN-
AFTER CALLED THE "CITY", AND E. DEXTER HAMON, ARCHITECT, OF CORPUS CHRISTI,
TEXAS, HEREINAFTER CALLED THE "ARCHITECT ",
WITNE6SE!jit
THAT WHEREAS, THE CITY INTENDS TO CONSTRUCT A PUBLIC UTILITIES
OFFICE BUILDING ADDITION TO TIT£ CITY HALL Of THE CITY Or CORPUS CHRISTI, TEXAS.
NOW, THEREFORE, THE CITY AND THE ARCHITECT, FOR THE COvISIDERATION
HEREINAf TER NAMED, AGREE AS VOLLOWSI
0
THE ARCHITECT AGREES TO PERFORM, FOR THE AaOVC. NAMED WORK, PRO-
FESSIONAL SERVICES AS HEREINAFTER SET FORTH.
11
THE CITY AGREG3 TO PAY THE ARCHITECT FOR SUCH SERVICES SIX PERCENT
(6%) OF THE COST Of THE WORK, SAID BASIC RATE TO BE CALCULATED UPON THE ESTI-
MATED ACTUAL COST UNTIL SUCH TIME AS THE ^CTUAL COST OF THE CONSTRUCTION HAS
SEEN DETERMINED BY THE LETTING or A CONTRACT, FRIXA AND AFTERS WHICH DATE THE
ACTUAL COST Of CONSTRUCTION AS DETERMINED BY THE CONTRACT PRICE SMALL BE USED
AS THE COST OF THE WORK, BUT IN NO EVENT SMALL THE ARCHITECT'S FEE EXCEED THE
SUM of EIGHT THOUSAND FOUR HUNDRED AND SIXTY DOLLAR$ ($8,460.00).
III
THE PARTIES FURTHER AGREE TO THE fULLOWING CONDITIONS,
(1) THE ARCHITECT'S SERVICES. -" THE ARCHITECT'S PROFESSIONAL SER-
VICES CONSIST OF :'HE. NECESSARY CON'FEREPIC.t Sy THE PREPARATION OF PRtjLiNIHARV
STUDIEZ, WORKINGS -,RAWMGS, SPECIF'ICATI47I4S, LARGE SCALE AND F'ULIL SIZE DETAILED
DRAWINGS) THE DRAFTING DF FORMS OF PROPOSALS ANO CONTRACTS; THE 15SUAIICE OF
CERTIFICATES OF PAYMENT} THE KEEPING Of ACCOUNTS, THE GENERAL ADMINISTRATION
OF THE BUSINESS AND SUPERVISION OF THE WORK. SAID BUILDING SHALL BE DESIGNED
SO AS TO BE CONSTRUCTED AT A COST OF NOT EXCEEDING OWE }'KINDRED FORTY -ONE
THOUSAND DOLLARS ($141,000.00), AND ARCHITECT SHALL HAVE COMPLETED PLANS AND
SPECIFICATIONS READY FOR THE CITY TO ADVERTISE FOR BIDS WITHIN THREE (3)
MONTHS FROM THE DATE HEREOF.
(2) INDEPENDENCE OF PROJECTS. -IT IS MUTUALLY AGREED THAT PAY-
MENTS ON ARCHITECT'S BASIC FEE AS ABOVE DEFINED SHALL BE MADE ON EACH SEPARATE
PROJECT INDEPENDENT OF OTHER PROJECTS.
(3) PAYMENTS. PAYMENTS TO THE ARCHITECT ON ACCOUNT OF HIS FEE
SHALL BE MADE AS FOLLOWS!
(41 UPON COMPLETION OF THE PRELIMINARY STUDIES AND PRESENTATION
TO THE CITY DF PRELIMINARY PLANS AND SKETCHES AND APPROVAL BY THE CITY OF SUCH
PRELIMINARY PLANS AND SKETCHES, A SUM EQUAL TO TWENTY PER CENT (20%) OF THE
BASIC RATE COMPUTED UPON A REASONABLE ESTIMATED COST„
(8) UPON COMPLETION OF SPEC.FFICATIONS AND GENERAL WORKING
DRAWINGS INCLUDING DETAILED PLANS AND $ PECIFICATIONS, LARGE SCALE AND FULL
SIZE DETAILED DRAWINGS, AND THE DRAFTS OF FORMS AND PROPOSALS OF CONTRACTS,
AND ACCEPTANCE AND APPROVAL OF THE SAME BY THE CITY, AN ADDITIONAL SUM EQUAL
TO FORTV PER CENT ( ) OF SAID BASIC RATE SHALL, BE PAYABLE TO THE ARCHITECT,
ONC -MA4F OF WHICH SHALL BE PAID UPON ACCEPTANCE AHD APPROVAL, AND THE REMAINING
OHE «HALF OF WHICH SHALL BE PAID AT THE TIME OF THE AWARDING OF THE CONTRACT,
WITH THE ADJUSTMENT OF THE ENTIRE FEE TO THE AMOUNT OF THE AWARD FROM THE
AMOUNT OF THE ESTIMATE. IN THE EVENT NO CONTRACT I5 AWARDED WITHIN NINETY (90)
DAYS FROM THE DATE OF ACCEPTANCE AND APPROVAL OF THE PLANS AND SPECIFICATIONS,
THEN THE BALANCE OF SAID FORTY PER CENT SHALL BE PAID TO THE ARCHITECT ON THE
OASIS OF THE ESTIMATE.
(C) THIRTY PER CENT (30%) DF 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 PER CENT (30%) DF
SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST, UNTIL ALL OF SAID THIRTY PER
CENT OF SAID FEE SHALL HAVE BEEN PAID.,
-2-
(0) THE BALANCE OF THE FEE SHALL SE 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 SHALL BE MADC FROM THE ARCHITECTS FEE ON
ACCOUNT OF PENALTY, LIQUIDATED DAMAGES, OR OTHER SUM WITHHELD PROM PAYMENTS
TO CONTRACTORS,
(E) THE CITY MAY, AT THEIR OPTION, ASSUME THE ENTIRE SUPER-
VISION OF THE PROJECT, IN WHICH CASE THE ARCHITECT'S PEE WILL BE 3.6% OF THE
COST OF THE WORK.
IV
THE CITY SHALL DESIGNATE, AND SO FAR AS THE WORK UNDER THIS AOREE-
RENT MAY REQUIRE, FURNISH THE ARCHITECT WITH THE FOLLOWING INFORMATION! A
COMPLETE AND ACCURATE: SURVEY OF THE BUILDING SITE, MIVING THE GRAOES AND LINES
OF STREETS, PAVEMENTS, AND ADJOINING PROPERTIES; THE RIGHTS, RIOSTRfCTIONS,
EASEMENTS, BOUNDARIES, AND CONTOURS OF THE BUI',QING SITE, AND FULL INFOR-
MATION AS TO SEWER, WATERp CAS AND ELECTRICAL SERVICE. THE CITY 15 TO PAY
FOR 30RINGS OR TEST PITS AND FOR CHEMICAL, MECHANICAL, OR OTHER TESTS WHEN
REQUIRED.
It
THE ARCHITECT WILL GUARD THE CITY AGAINST DEFECTS AND DEFICIENCIES
IN THE WORK OF CONTRACTORS, BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF
THEIR CONTRACTS. THE SUPERViSlON OF AN ARCHITECT IS TO BE DISTINGUISHED
FROM THE CONTINUOUS PERSONAL SUPERINTENDENCE TO BE OBTAINED BY THE EMPLOY-
MENT OF A CLERK -OF- THE - WORKS.
WHEN AUTHORIZED BY THE CITY IN WRITING, A CLERK- 4F -THE -WORKS
ACCEPTABLE TO BOTH 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 STATEMENT3.
VI
WHEN REQUESTED TO DO SO THE ARCHITECT WILL FURNISH PRELIMINARY ESTI-
MATES ON THE COST OF THE WORK, BUT HE DOES NOT GUARANTEE THE ACCURACY OF SUCH
ESTIMATES.
Vii
THE COST OF THE WORK, AS HEREIN REFERRED TO, MEANS THE COST TO THE
CITY, BUT SUCH COST SHALL NOT INCLUDE ANY ARCHITECT'S OR ENGINEER'S FEES OR
REIMBURSEMENTS OR THE COST OF A CLERK -OF -THE- WORKS.
-3-
WE
THE ARCHITECT SHALL PROVIDE A SUFFICIENT NUMBER OF SETS OF COM-
PLETE WORKING ORAWINGB AND SPECIFICATIONS COVERING THE WORK, PROPOSAL FORMS
AND SPECIAL INSTRUCTIONS TO BIDDERS, FOR GENERAL DISTRIBUTION TO ALL PROSPECTIVE
QUALIFIED Si DDERS, WHO MAY SECURE A COPY THEREOF BY COMPLYING WITH THE TERMS
SET OUT IN SAID SPECIAL INSTRUCTIONS FOR OBTAINING SAME.
THE ARCii1TECT SHALL FURNISH TO THE CITY, UPON COMPLETION OF SAID
PROJk.CT, OR UPON THE TERMINATION OF THIS CONTRACT AS HEREIN PROVIDED, IN A SUIT-
ABLE CONTAINER FOR FILING IN THE BUSINESS OFFICE OF THE CITY, THE ORIGINAL
TRACINGS. OR OTHER POSITIVE PRINTINGS, FROM WHICH REPRODUCTIONS MAY BE MADE,
OF ALL DESIGNS AND DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF
SPECIFICATIONS] AND ALL SUCH OtRIGNS, DRAWINGS AND SPECIFICATIONS PREPARED
BY THE ARCHITEC'T PURSUANT TO THIS CONTRACT 314ALL BELONG TO THE CITY, ACID THE
CITY SHALL THEREAFTER HAVE FULL RIGHT TO USE AND FOLLOW SAID DESIGNS, DRAWINGS
AND SPECIFICATIONS IN CONSTRUCTING, UNDER CONTRACT OR OTHERWISE, SUCH PROJECT,
OR ANY OTHER SIMILAR BUfLDiNOS OR STRUCTURES, WITHOUT DEINq LIABLE TD ARCHITECT
FOR FURTHER COMPENSATION FOR SUCH USE. ANY AND ALL CORRECTIONS, ALTERAYIONS,
OR AMENDMENTS TO THE PLANS MADE DURING THE PERIOD OF CONSTRUCTION SHALL DE
SHOWN ON THE FINAL SET OF PLANS AND SPECIFICATIONS $O AS TO REFLECT TRUE
PLANS AND SPECIFICATIONS OF THE BUILDING AS BUILT,
IX
THE k,-c HIT£CT SHALL NOT ASSIGN OR TRANSFER ANY INTEREST IN THIS
CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF THE Ct TY. IF THE ARCHITECT 15
A PARTNERSHIP, THIS CONTRACT, UPON THE TERMINATION OF SUCH PARTNERSHIP, SHALL
INURE TO THE INDIVIDUAL BENEFIT OF SUCH OF SAID FORMER PARTNERS AS MAY BE
DESIGNATED BY THE CITY HEREIN.
x
THE ARCHITECT SHALL FURNISH THE DOCUMENTS AND PERSONALLY RENDER
OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH
TIMES AS MAY BE HECESEARY TO INSUrr THE PROMPT AND CONTINUOUS PROSECUTION OF
THE WORK OF DESIGNING AND CONSTRUCTING THE PROJECT, AND IT IS UNDERSTOOD THAT
ALL DESIGNS AND DETAILS OF DESIGNING ARE 9084 "ECT TO THE APPROVAL OF THE CITY,
ryr
AND UNTIL ACGEPTANLE Or THE: RESULTS OF SLRViCES THERE SMALL BE NO I.IABILITY
ON THE PART Of THI- CITY FOR SUCH SERVICES.
Its TESTIMUNY WHEREOF, tJITNCSS OUR HANDS I% DUPLICATE, EACH OF
WHICH SFIALL 3E COiISiil LieEf) N Lli „lGINALj ON THE OAf AND Td1E YEAR FIRST ASOVI'
VNI TTEW.
THE CITY OF CORPUS CHRISTI, TEXAS
.-.._� IC: TY MAAIAGER - -- -- —
ATTCST%
ITV SECRETARY
AP ROVED AS TO LEIL'L F'0,.N:
L. DEXT Eft HAM0,1, 1',RC4 TCC i
THL5VTL OF
CoulliTY 01 VIUCCL;>
BEFORE Imp TTIE UI ^IDElw NEJ AUTHORITY, bhi THIS DAY PERSONALLY APPEARED
RUSSLLL L. i�CCL',k�L, CT- 'iAtd rW. i FO' THI: JA T4 f- CORPUS CI'Rt STI, AND KNOWN TO
N.E TO 13E THE FERSON WHOSE =LANE Iw SUB$clk!ELD TC` THE tt:3TRUHLNT, AN'D
ACKI¢OWL—�DGtb 'C' '..ii TKAT Hf: HAD EX!�CUTED 'fyi[ SANE AS THL AC' AND L1E.D Or +AID
CITY Or CORPUS ,:,rjR9 a! -FCd'i TFIE PUR2,p$Ls AND CONZ40ERATION THF. RS lJN CXPRLSSEO
AND
C,1VEN UNDER W H1,1N) ND SEAL Of' OFFICE, THIS DAY of APRIL,
NOTARY i "UHLIC i'N AND FOP HUEC.EF C' UNTP,
T- x ;.s
THE 5T:'TL TLX,,'- I
COU+PTY CC iaULC ''5 I
BEFORE ML, THE UNDERS SGNEb AUTHORITY, ON TIiIS DAY PERSONALLY APPEARED
E. .1EXTER HAMN, AN ARCHITECT OF THE CITY )F LORPJS CHRISTI, TrXAS, KNOWN TO
NE TO BE THE PERSON WHOSE NAME IS SUS$CRIbCD TO THE FORECIOING INSTRUMENT, AN]
ACKNOWLED'BCO TO k;Z THAT HE EXECUTED THE $AMC FOR THE PURPOSES AND COWSIDERATibj%
THEREIN EXPRES$Eb.
GJVL% UNJLil MY HA :;-) AN') SEAL OF Or ICE, Tlii % DAY O� :;PRIL, 1954.
NOTARY PUSLiL IN AND FOR NJECES WOUNTY,
TE., as
-±j_
4PRIL 6, 1954
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. 202 CITY OF CORPUS CHRISTI
W,•TERWORKS SYSTEM CONSTRUCTION FUND
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
APPROVED
DIRECTOR OF FINANCE
CITY CONTROLLER
CORPUS CHRIST(, TEXAS
C �! 95
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING-"DINANCE, 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 COUNCIL.
RESPECTFULLY,
MAYOR
CITY OF CORPUS CHRIST), TEXAS
THE CHARTER RULE WAS SU6PENDED BY THE FOLLOWING VOT
A—.4— j'..L . H T E NST E IN �Q� �G Q r.. Q-7
ELI-Roy KiwG
Po C. CALLAWAY
JAMES S. NAISMITH
W. JAMBS BRACE
THE ABOVE ORDINANCE WAS ASSED BY THE FOLLOWinI
=3 VOTE=
Z-
-C- EW3S -E -4�.
�IS,
ELLRO'S' Kimr.
P. C. CALLAWAY
JAMES S. NAISMITH
�.
W. JAMES BRACE
�7,-,)- I