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HomeMy WebLinkAbout06673 ORD - 10/17/1962• IMS:JKH:10 -17 -62 y ` w • t AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT SJITH McCLENDON AND ASSOCIATES FOR— ENGINE ERING_ SERVICES IN CONNECTION-WITH _ THE DESIGN AND SUPERVLSION OF- CONSTRUCTION OF A TRUNK SANITARY SEWER LINE, LIFT STATION AND FORCE MAIN FROM THE EXISTING BECKNER STREET TRUNK SEWER TO AND INTO THE PEARY PLACE 4 SUBDIVISION ALL AS SET OUT IN THE PROPOSAL, A COPY,OF WHICH,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, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT WITH MCCLENDON AND ASSOCIATES FOR ENGINEERING SERVICES IN CONNECTION WITH THE DESIGN AND SUPERVISION OF CONSTRUCTION OF A TRUNK SANITARY SEWER LINE, LIFT STATION AND FORCE MAIN FROM THE EXISTING ` BECKNER STREET TRUNK SEWER TO AND INTO THE PEARY PLACE SUBDIVISION, ALL AS SET OUT IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. y SECTION 2. THE NECESSITY TO AUTHORIZE ACCEPTANCE OF THE AFORESAID PROPOSAL AND ENTER INTO THE NECESSARY CONTRACT FOR THE ENGINEERING SERVICES IN CONNECTION WI'TH THE PEARY PLACE STORM SEWER CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIR- ING 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, HAVING DECLARED 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 THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AID EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO (;G73 • ORDAINED THIS THE / / DAY OF OCTOBER, 1962. MAYOR "�� ATTEST- Pro Tem THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY/ APPROVED AS TO LEGAL FORM THIS THE 117 DAY OF OCTOBER, 1962: 1• >G7�.c �F�l CITY ATTORNEY • m raelTes;Ilwad one ard4'b7.youreeliree for r total anciint,sitholii s, of 019,7,500 00., on 3he lianual, of- Protaisional "Preo'tics for' norel `E ipeerM . e ae pr�aaribmd liY tka,Tezas 86oiotr of ?+ofessionsl Enaineers.7 of the,Yanual of, 1958; 'the floe fof the pert'otianoe of suoh rider, C1psa 8,1e.6.70,of the dobC of the Ovjeat. "t; This;�ill erell oast of 413039-Y9.,-," this :amount ±should be dsduo'= ` i't 'fsr;:terlt �reatoualY ��rlorwd.>h, ,the Cit7' sad -oaraelTer " ^' QQ.,71aaT1n6 arDalonso <ta-bo erld�on -the 8ngfnaer4ri� -0ontrre±'«e?�.`:' •00 4 P4E 1 F + uld Listiafiatisiiiti.,to irraardTtFiir dotrti�i�t3f. ion rofrr4m snr`sEaple e,;atreaE seer line, ilieofer'as ea. is ajpIisable: "." t,- x s z; Ii troy; prefix thdt wi drsw the - eontisoti; we will: be. lad, to so, int;ad.I uniOratooi,yaor rd. Burins our, aon�arsatietl•a11.Iou;deiire is ca latter as ,V Fs as out< "abora V � foam oin adTies pe �reur +isher•in the anEisr YoCL8iD0II h ASSOCIATES we 'len Ql n x:, i" "may 2 I eF A I .yam i Yn�' Can tr;• '6011 Oet6ber'16, 1962 i J m raelTes;Ilwad one ard4'b7.youreeliree for r total anciint,sitholii s, of 019,7,500 00., on 3he lianual, of- Protaisional "Preo'tics for' norel `E ipeerM . e ae pr�aaribmd liY tka,Tezas 86oiotr of ?+ofessionsl Enaineers.7 of the,Yanual of, 1958; 'the floe fof the pert'otianoe of suoh rider, C1psa 8,1e.6.70,of the dobC of the Ovjeat. "t; This;�ill erell oast of 413039-Y9.,-," this :amount ±should be dsduo'= ` i't 'fsr;:terlt �reatoualY ��rlorwd.>h, ,the Cit7' sad -oaraelTer " ^' QQ.,71aaT1n6 arDalonso <ta-bo erld�on -the 8ngfnaer4ri� -0ontrre±'«e?�.`:' •00 4 P4E 1 F + uld Listiafiatisiiiti.,to irraardTtFiir dotrti�i�t3f. ion rofrr4m snr`sEaple e,;atreaE seer line, ilieofer'as ea. is ajpIisable: "." t,- x s z; Ii troy; prefix thdt wi drsw the - eontisoti; we will: be. lad, to so, int;ad.I uniOratooi,yaor rd. Burins our, aon�arsatietl•a11.Iou;deiire is ca latter as ,V Fs as out< "abora V � foam oin adTies pe �reur +isher•in the anEisr YoCL8iD0II h ASSOCIATES we 'len Ql n FOR ENGINEERS' SERVICES THE STATE OF TEXAS COUNTY OF NUECES THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED "CITY ", AND WILLIAM W. MCCLENDON, ODA MCCLENDON AND ASSOCIATES, HEREINAFTER CALLED "ENGINEER ", WHETHER ONE OR NONE, AGREE AS FOLLOWS] 1. SERVICES TO BE PERFORMED. THE ENGINEER HEREBY AGREES, AT HIS OWN EXPENSE, TO PERFORM ALL ENGINCERINO OR RELATED ARCHITECTURAL SERVICES NECESSARY TO PROPERLY DEVELOP, CONSTRUCT AND COMPLETE THE FOL- LOWING PROJECTI CONSTRUCTION OF THE THOMPSON ROAD SANITARY SEWER TRUNK MAIN, PUMP STATION AND FORCE MAIN FROM THE EXISTING BECKNER STREET SANITARY SEWER TRUNK TO AND INTO THE PEARY PLACE SUBDIVISION. IT IS CONTEMPLATED THAT A PRELIMINARY CONFERENCE BETWEEN THE CITY AND THE ENGINEER SHALL OUTLINE THE DETAILS OF THE PROJECT AND IF DESIRED. BY THE CITY, DIVIDE THE PROJECT INTO SEPARATE STAGES, WITH THE ENGINEER PROCEEDING WITH THE WORK ON SUCH STAGE OR STAGES AS DIRECTED IN ACCORDANCE WITH WRITTEN ORDER AS MAY DE DETERMINED AT SAID CONFERENCE. THE SERVICES OP THE ENGINEER SHALL INCLUDE, OUT NOT BE LIMITED TO THE FOL- LOWINGS A. PRELIMINARY PHASES SCOPE OF BASIC SERVICESI 1. PARTICIPATION IN PRELIMINARY CONFCRENCES WITH THE OWNER REGARDING THE PROJECT; Z. PREPARATION OF PRELIMINARY ENGINEERING STUDIES .DIRECTLY RELATED TO AND PART OF THE PRELIMINARY DESIGN WORK BEING CONSIDERED; 3. PREPARATION OF FIVE COPIES OP PRELIMINARY LAYOUTS, SKETCHES AND REPORT, WHERE APPLICABLE, AND THE ENGINEER'S SPECIFIC RECOMMENDATIONS; G. PREPARATION OF TENTATIVE COST ESTIMATED OF THE PROPOSED CONSTRUCTION. B. DESIGN PHASE? SCOPE OF BASIC SERVICES: T. FIELD SURVEYS FOR DESIGN OF STRUCTURES OF LIMITED AREA, SUCH AS BUILDINGS, BUT NOT TO INCLUDE CLEARING OR SURVEYS OUTSIDE OF AREA OF STRUCTURE; Q. PLANNING ANY SOIL BORINGS OR SUBSURFACE EXPLORATIONS OR ANY SPECIAL SURVEYS AND TESTS WHICH MAY BE REQUIRED FOR DESIGN, ARRANGING FOR SUCH WORK TO BE DONE DIRECTLY FOR OWNERtS ACCOUNT, AND ENGINEERING INTERPRETATION OF RESULTS OF SUCH INVESTIOATIONS; ING DATA NECESSARY FOR APPLICATIONS FOR PERMITS REQUIRED , BY LOCALS STATE AND FEDERAL AUTHORITIES; 4. PREPARATION OF DETAILED CONTRACT DRAWINGS IN PENCIL ON PAPER AND SPECIFICATIONS FOR CONSTRUCTION AUTHORIZED BY THE OWNQ R) 5. PREPARATION OF OETAILEO COST ESTIMATES AND SIDOERS� PROPOSAL FORMS FOR AUTHORIZED CONSTRUCTION] 6. FURNISHING FIVE COPIES OF PLANS AND 30 SETS Of SPECI- FICATIOMS, NOTICE TO BIDDERS AND BIDDERS' PROPOSALS; ADDITIONAL COPIES OF PL ANN. IF REQUESTED OY CITY. &HALL OE FURNISHED AT ENGINEERS COST Of RCPROOUCTION; 7. AB&fSTANCE TO THE OWNER IN SECURING 8I0B1 B. ASSISTANCE IN THE TABULATION AND ANALYSIS OF BIDS AND FURNISHING q.OMMENDATIONS ON THE AWARD OF CONSTRUCTION CONTRACTS] 9, ASSISTANCE IN THE ENGINEERING PHASES OF THE PREPARATION OF FORMAL CONTRACT DOCUMENTS FOR THE AWARD OF CONTRACTS. C. CONSTRUCTION PNASEI SCOPE OF BASIC SERVICES{ 1. PERFORMING GENERAL SUPERVISION AND ADMINISTRATION OF AUTHORIZED CONSTRUCTION {AS OISTINBUISHED FR ON CONTINUOUS RESIDE NT FIELD INSPECTION) INCLUDING PERIODIC VISITS OF THE ENGINEER OR A COMPETENT REPRESENTATIVE. OF THE ENGINEER TO THE SITE OF CONSTRUCTION. IN THE ADMINISTRATION OF THE PROJECTS THE ENGINEER WILL ENDEAVOR TO PROTECT THE OWNER AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS; 2. CONSULTATION AND ADVICE WITH THE OWNER DURING CONSTRUCTION) 3. CHECKING Of SHOP AND WORKING DRAWINGS FURNISHED BY CON- TRACTORS; REVIEW OF LASGRATORYI SHOP AND WILL TESTS OF MATERIALS AND tau IPKENTj 5. PREPARATION ORREVIEW OF MONTHLY AND FINAL ESTIMATES FOR PAYMENTS TO CONTRACTORS] 6. SUPERVISION Of INITIAL OPERATION OF THE PROJECTS OR OF PERFORMANCE TESTS REQUIRED BY SPECIFICATIONS$ 7. RAKING AFINAL INSPECTION OF THE PROJECT; H. REVISION OF CONTRACT DRAWINGS WITH THE ASSISTANCE OP THE RESIDENT CHO INEER, TO SNOW THE WORK AS ACTUALLY CONSTRUCTED WHICH, GOES NOT REQUIRE FIELD WORK OR MEASUREMENTS FOR THIS PURPOSE OR REDRAWING OF SHEETS. 2. COST OF THE PROJECT -- PRELIMINARY ESTIMATE. THE CITY HAS BUDGETED THE SUN OF ONE HUNDRED NINETY —SEVEN THOUSAND FIVE HUNDRED DOLLARS (197,500) Foil THE CONSTRUCTION OF THIS PROJECTS EXCLUSIVE OF ENGINEERING AND LEGAL EXPENSES. THIS SUM IHCLUQEB THE AMOUNT OF THIRTY —TWO THOUSAND FIVE HUNDRED DOLLARS 032,500) WHICH JOHN L. TDMPKIMSo OWNER OF PEARY RACE SUBDIVISION) HAS BY SEPARATE CONTRACT WITH THE CITY AGREED TO PAY AS HIS -.. '�wnoe'1r:' ilk' iseYwCt rlwsA�rt;ilfiROd= ii- 'iiDC+i MATED COST TO THE BUDGETED AMOUNT OR TO SUCH GREATER SUM AS THE CITY SHALL CONSIDER ACCEPTABLE. THE CITY SHALL NOT BE 08LIOA7EO TO ACCEPT THE PRE- LIMINARY PLANS AND DRAWINDS UNTIL THIS IS DONE. IN THE EVENT THD PROJECT IS DIVIDED INTO STAGES AT SAID PRELIMINARY CONFERENCE, SAID BUDGETED SUN SHALL BE PRORATED AMONG THE STAGES AS DETERMINED AT SAID CONFERENCE. 3. COST OF THE PROJECTS FINAL BIDS. THe EMDINEER SHALL ENDEAVOR $0 TO DESION THE PROJECT THAT ITS TOTAL COST WILL NOT EXCEED THE BUDGETED AMOUNT STATED IN THE FOREGOING PARAGRAPH) OR IF A CHEATER SUN IS AUTHORIZED BY THE CITY AT THE TIME OF ITS APPROVAL DF THE PRELIMINARY PLANS AND ORAW- ING3, NOT IN EXCESS OF THAT AMOUNT. IF AT THE TIME SIDS SHE RE"IVEO NO BID 15 RECEIVEO WITHIN THIS LIMITATION IN AMOUNT, THE CITY MAY REWIRE THE ENGINEER TO MARE SUCH REVISIONS IN THE PLANS AND SPECIFICATIONS AS MAY BE NECESSARY TO REDUCE THE TOTAL COST OF CONSTRUCTION TO THE BUDGETED AMOUNT. THIS SHALL NOT BE CONSTRUED TO REQUIRE THE ENGINEER TO MARE ANY SUCH REVI- SIGHS IF HIS PLANS AND SPECIFICATIONS WOULD COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH EXCEPT FOR INCREASES IN THE COSTS OF LABOR OR MATERIALS DURING THE PERIOD ELAPSING BETWEEN THE COMPLETION OF PRELIMINARY PLANS AND THE OPENING OF BIDS. �. FEE. THE OWNER WILL PAY TO THE ENGINEER A Fee OF 6.75 PERCENT OF THE CONTRACT PRICE FOR THE CONSTRUCTION OF THE kPROJECT, LESS AN AGREED SUM OF ONE THOUSAND THREE HUNDRED THIRTY DOLLARS MAN) WHICH REPRESENTS A CREDIT FOR PARTIAL PRELIMINARY ENGINEERING STUDIES HERCTOFORE PERFORMED BY THE CITY AND MADE AVAILABLE TO THE ENGINEER) OR SUCH STAGES OR PHASES OF STAGES THEREOF AS HAVE SEEN AUTHORIZED, WHICH SHALL CONSTITUTE COMPLETE COM- PENSATION FOR ALL 3ERVICES WHICH HE AGREES TO PERFORM IN THIS CONTRACT. "CONSTRUCTION COST" IS DEFINED AS THE TOTAL COST TO THE OWNER FOR THE EXECU- TION OF THE WORK AUTHORIZED AT ONE TIME AND HANDLED IN EACH SEPARATE PHASE OF ENGINEERING SERVICES, EXCLUDING FEES OR OTHER COST FOR ENGINEERING AND LEGAL SERVICE, THE COST OF LAND, RIGHTS -OF -MAY, LCOAL ANO ADMINISTRATIVE EXPENSES; BUT INCLUDING THE DIRECT COST TO THE OWNER OF ALL CONSTRUCTION CONTRACTS, ITEMS OF CONSTRUCTION, INCLUDING LABORy MATERIALS AND EQUIPMENT, REQUIRED FOR THE COMPLETED WORM (INCLUDING EXTRAS) AND THE TOTAL VALUE AT NI SHED DIRECTLY BY THE OWNER FOR THE PROJECT. THIS FEE SMALL BE PAYABLE AS FOLLOWS? A. 25% OF THE BASIC FEE OF 6.73 PERCENT LESS'AN AGREED SUN OF $1330.00 UPON COMPLETION AND ACCEPTANCE NY THE CITY (IF THE PRELIMINARY PLANS, SKETCHES, AND COST ESTIMATES, NEETiNo THE REQUIREMENTS OF PARAGRAPHS IA AMD 2 ABOVE. THIS POR- TION OF TMC FEE WILL BE BASED ON THE BUDQ EYED AMOUNT OF THE CONTRACT OR ON THE PRELIMINARY ESTIMATE OF COST, WHICHEVER IB THE LE83ER AMOUNT. PARTIAL PAYMENTS FOR SERVICES SMALL BE MADE MONTHLY IN PROPORATION TO THAT PART OF THE SERVICES IN THE RE PHASE WHICH HAS BEEN ACCOMPLISHED AS EVI- DENCED BY MONTHLY STATEMENTS SUBMITTED BY THE ENGINEER AND APPROVED BY THE DIRECTOR 0I PUBLIC WORKS. 8. AN ADDITIONAL 5Q% OF THE BASIC FEE OF 6.75 PERCENT UPON THE COMPLETION AND ACCEPTANCE 8T THE CITY OF DETAILED FINAL PLANS AND SPECIFICATIONS MEETING THE REQUIREMENTS OF PARA- GRAPHS to AND 3 ABOVE OF SUCH STAGES AS HAVE BEEN AUTHORIZED. IF BIDS HAVE NOT BEEN SOLICITED BY )(1 DAYS AFTER THE COM- PLETION OF DETAILED PLANS AND SPECIFICATIONS TO WHICH TMC CITY HAG NO REASONABLE OBJECTION, THIS BE PAYABLE AT ,NAT TINE. IN TH13 5� OP THE FEE SMALL THE BUDGET AMWHT OF THE CONTRACT 09 TON IT WILL LDETAILED BASED S TRUCTION COST ESTIMATES, WHICHEVER IS THE LESSER AMOUNT. PARTIAL PAYMENTS FOR SERVICES IN THE DESIGN PHASE SHALL OE MADE MONTHLY BASED ON THE ENGINERRIS ESTIMATE OF THE "CONSTRUCTION COST" OF THE WORK. PAYMENTS WILL BE MADE IN PROPORTION TO THAT PART OF THE SERVICES IN THE DESIGN PHASE WHICH HAS BEEN ACCOMPLISHED, AS EVIDENCED By MONTHLY STATE- MENTS SUBMITTED By THE EMQINEER AND APPROVED By THE DIRECON OF PUBLIC WORKS. FINAL PAYMENT FOR SERVICES AUTHORIZED IN THE DE310M PHASE, PLUS THE ADJUSTED FEE FOR THE PRELIMINARY PHASE, SMALL BE DUE UPON THE COMPLETION OF THESE SERVICES, BASED ON THE "CONSTRUCTION COST" AS DEFINED ABOVE. E• 25% Of THE BASIC FCC OF 6.75 PERCENT SHALL BE PAID DURING THE COURSE OF CONSTRUCTION IN MONTHLY PAYMENTS. EACH MONTH- LY PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON THE CONSTRUCTION CONTRACT WHICH 13 THE SAME AS 25% OF THIS SAID FEE SEARS TO THE TOTAL CONSTRUCTION COST. 5• TERMINATION OF CONTRACT. THE CITY MAY AT ANY TIME, WITH OR WITHOUT CAUSE, TERMINATE THIS CONTRACT. IN THIS EVENT THE ENGINEER SHALL BE COMPENSATED FOR HIS SERVICE ON ALL STAGES AUTHORIZED AS FOLLOWS A. IF TERMINATION OCCURS PRIOR TO THE FINAL COMPLETION AND AP- PROVAL OF THE DRAWINGS AND SPECIFICATIONS, THE ENGINEER SHALL BE PAID A REASONABLE COMPENSATION FOR THE SCRVICES ACTUALLY RENDERED BY NIN IN ACCORDANCE WITH THE ABOVE DESCRIGED SCryEOULC OF IE E3 A IN PRO g PORTION TO THE AMOUNT OI WORK DONE ON SUCH STAGE OR PHASE OF STAGES AS NAVE BEEN AUTHORIZED. D• IF TERMINATION OCCURS AFTER FINAL COMPLETION AND APPROVAL OF THE DRAWINGS AND SPECIFICATIONS, THE FEE OF THE ENGINEER SHALL BE 50 OF THE BASIC FEE BASSO ON ENGINEERIS CONSTRUC- TION ESTIMATE SUBMITTED WITH THE DESIGN PHASE, PLUS THE FEE P410 FOR THE PRELIMINARY PHASE, LESS THE CREDIT AS AfOgE- DESCRIBEO. C• Jr TERMINATION OCCURS AFTER THE LETTING OF THE CONTRACT, BUT PRIOR TO FINAL COMPLETION OR ACCEPTANCE BY THE CITY, THE FERS OF THE ENGINEER SHALL Bf1COMPUTED IN ACCORDANCE WITH THE ' PROVISIONS OF PARAGRAPH I OF THIS CONTRACT TO THE DATE OF D. THE FOREGOING SHALL NOT BE CONSTRUED TO REQUIRE THE CITY TD COMPENSATE THE ENGINEER FOR ANY SERVICES NOT PERFORMED IN A PROPER PROFESSIONAL MANNER SUITABLE FOR USE IN THE IONSTRUC- 710N OF THE PROJECT CONTEMPLATED BY AGREEMENT. )HE PARTIES TO THIS E. IF THE ENGINEER SHOULD BE UNABLE TO COMPLETE THIS CONTRACT DUE TO DEATH, ILLNESS, OR ANY OTHER CAUSE BEYOND HIS REAS ABLE CONTROL HE OR HIE ON - , ESTATE SHALL BE COMPENSATED IN THE MANNER SET FORTH ABOVE. G. TECHNICAL ASSISTANCE AND CONSULTATIONS. THE CITY SHALL NOT PAY THE FEES OF EXPERT OR TECHNICAL ASSISTANCE AND CONSULTANTS UNLESS SUCH EMPLOYMENT, INCLUDING THE RATE Of COMPENSATION, HAS SEEN APPROVED IN WRITING DY THE CITY. j. TIM AND ORDER OF ENGINEER'S SERVICES. THE ENGINEER SHALL FURNIBN THE DOCUMENTS AND PERSONALLY RENDER OR PROVIDE THE SERVICES RE- QUIRED By THIS CONTRACT IN SUCH SEQUENCE AND AT SUCH TINES AS NAY DE NECES- SARY TO INSURE THE PROMPT AND CONTINUOUS DESIGN AND CONSTRUCTION OF THE PROJECT. THE ENGINEER AGREES TO FURNISH THE PRELIMINARY STUDIES FOR APPROVAL Of THE CITY NOT LATER THAN 30 CALENDAR DAYS FROM THE DATE OF THIS AGREEMENT AND TO FURNISH THE COMPLETED DRAWINGS AND SPECIFICATIONS FOR FINAL APPROVAL Of THE CITY NOT LATER THAN 60 CALENDAR DAYS AFTER APPROVAL OF THE PRELIMINARY PLANS AND WRITTEN AUTHORIZATION FROM THE DIRECTOR OP PUBLIC WORKS TO PROCEED WITH FINAL pPLANS. !1. ASSIGNABILITY. THE ENGINEER SHALL NOT ASSIGN, TRANSFER OR DELEGATE ANY OF HIS OBLIGATIONS OR DUTIES IN THIS CONTRACT TO ANY OTHER PERSON WITHOUT THE PRIOR WRITTEN CONSENT Of THE CITY, EXCEPT FOR ROUTINE DUTIES DELEGATED TO PERSONNEL ON THE ENGINEER'S STAFF. IF THE ENGINEER IS A PARTNER- SHIP, IN THE EVENT OF THE TERMINATION OF THE PARTNdRSHIP, THUS CONTRACT SHALL INURE TO THE INDIVIDUAL BENEFIT OF SUCH PARTNER OR PARTNERS AS THE CITY MAY DESIGNATE. NO PMT OP THE ENGINEER'S FEE MAY DE ASSIGNED IN ADVANCE OF RECEIPT BY THE ENGINEER WITHOUT WRITTEN CONSENT OF THE CITY. 9. OWNERSHIP OF DOCUMENTS. UPON COMPLETION OF THE PROJECT (OR UPON THE TERMINATION OF THIS CONTRACT, IF PREVIOUSLY TERMINATED) THE ENGINEER SHALL FURNISH TO THE CITY, IN A SUITABLE CONTAINER FOR FILING, "AS BUILT" PLANS, REPRODUCED. ON LINEN OR PLASTIC DRAFTING FILM FROM THE -5- ORIGINAL DRAWINGS, TOGETHER WITH A CORRECT AND LEGIBLE SET OF SPECIFICATIONS. THIS THE EXECUTED IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, DAY OF 1962. ATTESTS THE CITY OF CORPUS CHRISTI CITY SECRCTARY APPROVED AS TO LEGAL FORM THIS -'Ay OF , 1962, ITV ATTORNEY BY HERBERT W. WHITNEY CITY HANAGCR WILLIAM W. MCCLENDON, DBA NcCLEHDON 6 ASSOCIATESA CONSULTING ENGINEERS By W- W LENOON THE STATE OF TEXAS CGNTY OF NuECE5 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- KNOW" HERBERT W. WHITNEY, CITY MANAGER OF THC CITY OF CORPUS CHRISTI, TEXAS, ENT 70 NC TO BE THE PERSON WHOSE NAME IS SUE CRIBCD TO THE FOREGOING TEXAS, - "ENT AND TO TO NE THAT HE EXECUTED THE SANE FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER AIY HAND AND SEAL OF OFFICE, THIS DAY of — �1 NOTARY PUSLICC IN AHO FOR NUECCB OUNT Y, TEXAS THE STATE OF TEXAS COUNTY OF NIECES PEARED WILL8IAHOW. K' THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- MGCLENDON, KNOWN TO NE TO SE THE PERSON VN 09C NAME IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT THE SAME WAS THE ACT OF THE SAID MCCLENDON AUD .SSOCIATES, AND THAT HE EXECUTCD THE SANE AS THE ACT OF SUCH FIRM FOR THE PURPOSES AND CONSIDERATION THEREIN EX PRESDCO AND IN THE CAPACITY THEREIN EXPRESSED. NOTMY PUBLIC IA AND POA NIECES OUNTY, TEXAS w CORPUS CHRISTI, TEXAS / DAY OF � 19-LX TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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', THEREFOREy 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 MAYORfiojem THE CITY OF CORPUS CHRISTIJEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWIN VOTE BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD,/ JOSE R. DELEON M. P. MALDONADD 1/ W. J. ROBERTS ✓ JAMES H. YOUNG j/- _--- - - - - -L THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE* BEN F. MCDONALD -/ TOM R. SWANTNER ✓ DR. JAMES L. - BARMARO /W"'- JOSE R. DELEDN M. P. MALDONADO W. J. ROBERTS ✓ �, JAMES H. YOUNG ✓