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HomeMy WebLinkAbout14235 ORD - 03/22/1978i JKH:vp:3 / 2m1 /78:jst , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIAMS- STACKHOUSE, INC., A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, AND TO EXECUTE ALL RELATED DOCUMENTS NECESSARY FOR THE IMPLEMENTATION THEREOF, TO PROVIDE AERIAL PHOTOGRAPHS OF THE CITY AND DESIGNATED FRINGE AREAS AND FOUR (4) SETS OF AERIAL MOSAICS AS FURTHER DELINEATED IN THE ATTACHED EXHIBITS "A" AND "B" OF THE CONTRACT FOR A TOTAL COST OF $24•,650; 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 to enter into a contract with Williams - Stackhouse, Inc., a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof, and to execute all related documents necessary for the implementation thereof, to provide aerial photographs of the City and designated fringe areas and four (4) sets of aerial mosaics as further delineated in the attached Exhibits "A" and "B" of the contract for a total cost of $240. SECTION 2. The necessity to authorize execution of the aforesaid contract and all related documents necessary for the implementation thereof at the earliest practicable date 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 but 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, and having requested the suspension of the 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, this the 22 day MARCH, 1978. ATTEST: Secretary MAYOR THE CI ORPUS CHRISTI, TEXAS APPROVED: %/% DAY OF MARCH, 1978: J. BRUCE AYCOCK CITY ATTORNEY BY: -ter Assistant Ci torney MICROFILMED 14235 � JU L 0 7 19 80 CONTRACT FOR PROFESSIONAL SERVICES This contract is hereby entered into by and between the City of Corpus Christi, Texas, represented herein by its duly authorized agent the City Manager, R. Marvin Townsend, hereinafter called CLIENT, and Williams - Stackhouse Incorporated represented by its duly authorized agent Robert W. Thompson, President, hereinafter called CONTRACTOR. CONTRACTOR does hereby agree to perform the work as is more fully described in Exhibit "A" hereof, said exhibit being made expressly a part of this contract. In consideration of the CONTRACTOR well and truly per- forming the contracted work in accordance with Exhibit "A" hereof, CLIENT agrees to pay CONTRACTOR fees as specified in Exhibit "A" (copy attached) payments to be made on a monthly progress basis. In conjunction with the said Exhibit "A ", CONTRACTOR further expressly agrees to the following terms and conditions. CONTRACTOR agrees to furnish all labor, tools, equipment, supplies and material to secure all permits necessary for complete performance of the work, to pay all sales and use taxes and all taxes assessed on wages for labor hereunder, to make any reports required in connection therewith and to perform the work described herein. CONTRACTOR guarantees and warrants that he does not and will not infringe on the patent rights of any person or persons or corporations whomsoever in the prosecution of the work contem- plated herein, and hereby agrees to defend and save CLIENT harmless from any and all damages, costs and expenses by reason of claims or suits for infringement, resulting from the CONTRACTOR'S work. CONTRACTOR agrees to perform the work contemplated herein as an independent contractor and neither CONTRACTOR or anyone employed by CONTRACTOR shall be deemed for any purpose to be the employee, agent, servant or representative of the CLIENT in the performance of any work. CONTRACTOR represents that all services rendered hereunder shall be per- formed to the satisfaction of CLIENT. However, CONTRACTOR shall be and shall remain an independent contractor, and accordingly any provisions of this Agreement which may appear to accord the CLIENT any right of direction or control of the services to be performed by CONTRACTOR shall not relate to the method or details of performance by CONTRACTOR, but shall relate only to the results of the work. CONTRACTOR shall not pay any commissions, fees or grant any re- bates to any employee or officer of CLIENT nor favor employees or officers of CLIENT with gifts or entertainment nor enter into any business arrange- ment with employees or officers of CLIENT, without CLIENT's written approval. CONTRACTOR agrees that this contract may be cancelled by CLIENT at any time by notifying CONTRACTOR prior to cancellation date of their decision to cancel and by the payment to CONTRACTOR of the reasonable value of the work theretofore completed, but in no case to include expected profit on uncompleted work. CLIENT agrees to provide CONTRACTOR seven (7) days notice prior to cancellation of this agreement. Waiver of any provision of this contract by CLIENT shall not alter or amend CLIENT's right to enforce any and /or all other contract provisions. CONTRACTOR shall, at its own expense, provide insurance for the term of the contract on the kinds and minimum amounts of coverages set forth in the insurance schedule below. All policies shall not be cancelled or amended without ten (10) days prior notice to CLIENT. CONTRACTOR shall, at CLIENT'S request and option, furnish certified copies of all insurance policies referred to herein. EXHIBIT "A" F Schedule of Required Insurance Coverages (1) Workmen's Compensation to meet statutory coverages of the State of Texas where operations are conducted. (2) Comprehensive General Liability coverage to include public liability, contractual liability, completed operations, personal injury liability, property damage, and automobile liability. All comprehensive general liability and automobile liability coverages shall have minimum limits r': of $500,000 per occurrence and $100,000 property damage. 4 (3) Where operations include the use of Aircraft by CONTRACTOR, he is to maintain liability coverage on all owned, hired and non -owned Aircraft used on behalf of CONTRACTOR. Minimum limits of $1,000,000 per occurrence for bodily liability and $500,000 per occurrence for property damage liability shall be maintained. Executed in duplicate, -each of which shall be considered an original, this the day of , 1978_ ATTEST: THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager City Secretary APPROVED: - DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City Attorney hector of F' nce ATTEST: WILLIAMS- STACKHOUSE INCORPORATED By Robert W. Thompson, President ATTEST: By. Judy Brinkley, Assistant Secretary EXHIBIT "A" . i SCOPE OF SERVICES The contractor represented by Mr. Robert Thompson, President, agrees to provide professional aerial photographic services herein described below and further delineated on the attached map marked EXHIBIT "B" for reimbursement of fees not to exceed $24,650.00. The professional services shall include aerial photographic coverage of: Aerial Photographs 1. The City of Corpus Christi as defined by its present city limit boundaries, exclusive of Corpus Christi Bay; 2. Highway "624" Area,•the Ship Channel and Nueces River extending generally from Corpus Christi Beach to Interstate Highway 37 and U.S, Highway 77 junction, Padre and Mustang Islands, and the Oso Creek Area extending generally from Flour Bluff to U.S. Highway 77, In addition to the aerial photographic coverage, the CONTRACTOR agrees to provide the following for the same land areas: 1. One (1) set of contact prints (approximately 1" = 10001) and one (1) photo index; 2. One (1) set alternate photo enlargements at approximately 1" = 200'; and 3. One (1) set alternate reproducible enlargements at approximately 1" = 2001. The aerial photographic services for the above described areas, including contact prints, photo enlargements, and reproducible enlargements, shall not exceed a total cost of $16,400.00, EXHIBIT "A" continued .t Aerial Mosaics , The CONTRACTOR agrees to prepare three (3) sets of mosaics at 1" = 1000' of the City of Corpus Christi as defined by the present city limits, Highway "624" area, and Padre and Mustang Islands, and one (1) mosaic only of the City of Corpus Christi at 1" = 1000' for a fee not to exceed $8,250.00. The initial fee for one (1) mosaic of all three areas shall be $5,500.00. Additional copies of these mosaics to be charged as follows: City limits 450.00 Highway 624 area 350.00 Padre - Mustang Islands 350.00 Corpus Christi, Texas ' 2z day of / %'v�l� l9 %,P TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, 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, THE CITY OF CORnS MISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14235 to :