Loading...
HomeMy WebLinkAbout03371 ORD - 12/23/1952ACTUAL COST OF SUCH RESIDENT,ENGINEER AND/OR INSPECTORS AS MAY BE REQUESTED BY THE CITY AND LOCAL TRANSPORTATION FOR SUCH ENGINEER ANDAR INSPECTORS, PAYMENTS TO BE MADE IN ACCORDANCE WITH THE SCHEDULE SET OUT IN SAID CONTRACT, ALL AS MORE PARTICULARLY SET FORTH AND IN ACCORDANCE WITH THE TERMS AND PRO- VISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THERE IS HEREBY APPROPRIATED FROM NO. 298 CITY OF CORPUS CHRISTI WATERWORKS CONSTRUCTION FUND THE SUM OF SEVENTY -FIVE THOUSAND ($75,000) DOLLARS TO BE PAID FOR SUCH ENGINEERING SERVICES IN ACCORDANCE WITH THE TERMS OF SAID CONTRACT DESCRIBED IN SECTION 1 HEREOF, THE UNUSED PORTION OF WHICH AMOUNT SHALL BE RETURNED TO SAID FUND UPON THE EXPIRATION OF SAID CONTRACT AND SERVICES. SECTION 3. THAT THE NECESSITY OF IMMEDIATELY ENTERING INTO SAID CONTRACT TO PROFESSIONAL SERVICES FOR THE PURPOSE OF ENLARGING AND IMPROV- ING THE WATERWORKS SYSTEM OF THE CITY OF CORPUS CHRISTI, SUCH WATERWORKS SYSTEM AND THE IMPROVEMENTS THERETO BEING OF THE GREATEST IMPORTANCE TO THE ` GROWTH AND DEVELOPMENT OF THE CITY AND TO THE BENEFIT OF THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, CREATES AN 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, HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF 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 PASSED AND APPROVED, THIS THE .23 DAY OF DECEMBER, A. D. 1952. fJ/// r A" W✓ � MAYOR THE CITY OF CORPUS CHRISTI TTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY 'ATTORNEY AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXEOUTE A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH MYERS AND NOYES AND ASSOCIATES, CONSULTING ENGINEERS, IN PREPARING PLANS AND SPECIFICATIONS FOR AND TO SUPERINTEND THE CONSTRUCTION OF THE ENLARGEMENT AND EXPANSION OF THE FILTRATION PLANT AND PUMPING PLANT OF THE WATERWORKS SYSTEM OF THE CITY AT CALALLEN FOR AND IN CONSIDERA- TION OF A BASIC FEE OF FIVE PERCENT OF THE FINAL CON- STRUCTION COST OF SAID PROJECT PLUS THE ACTUAL COST OF SUCH RESIDENT ENGINEER AND/OR INSPECTORS AS MAY BE RE- QUESTED BY THE CITY AND LOCAL TRANSPORTATION FOR SUCH, IN ACCORDANCE WITH THE SCHEDULE OF PAYMENTS SET OUT IN SAID CONTRACT, ALL IN ACCORDANCE WITH THE TERMS AND PRO- VISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; DESIGNATING AND APPROPRIATING THE NECESSARY FUNDS OUT OF NO. 298 CITY OF CORPUS CHRISTI WATERWORKS CONSTRUCTION FUND TO COVER SAID ENGINEERING COSTS; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI IS CONTEMPLATING THE EN- LARGEMENT AND EXPANSION OF THE FILTRATION PLANT OF THE CITY OF CORPUS CHRISTI, TEXAS, AT CALALLEN, AND HAVE SELECTED THE ENGINEERING FIRM OF MYERS AND NOYES AND ASSOCIATES AS ENGINEERS TO PREPARE PLANS AND SPECIFICATIONS AND SUPERIN- TEND THE CONSTRUCTION OF SUCH EXTENSIONS AND IMPROVEMENT; AND WHEREAS, IT IS NECESSARY THAT THE AGREEMENT CONCERNING SAID SER- VICES BE WRITTEN AND PROPERLY EXECUTED BY AND BETWEEN THE CITY AND SAID CON- SULTING ENGINEERS; AND WHEREAS, THERE ARE SUFFICIENT FUNDS AVAILABLE AND UNAPPROPRIATED IN NO. 298 CITY OF CORPUS CHRISTI WATERWORKS CONSTRUCTION FUND FROM WHICH TO ' APPROPRIATE THE NECESSARY MONEYS WITH WHICH TO PAY THE COST OF SUCH ENGINEER- ING SERVICES; AND WHEREAS, IT IS NECESSARY TO AUTHORIZE THE EXECUTION OF SAID AGREEMENT AND TO MAKE SUCH APPROPRIATION AT THIS TIME: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH MYERS AND NOYES AND ASSOCIATES AS ENGINEERS TO PREPARE PLANS AND SPECIFICATIONS AND SUPERIN- TEND THE CONSTRUCTION OF SUCH EXTENSIONS AND IMPROVEMENTS OF THE FILTRATION PLANT OF THE CITY OF CORPUS CHRISTI AT CALALLEN, TEXAS, FOR AND IN CONSIDERA- TION OF A BASIC FEE OF FIVE PERCENT OF THE FINAL CONSTRUCTION COST PLUS THE CORPUS CHRISTI, TEXAS DECEMBER 23, X952 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI,'TEXAS GENTLEMEN: r , FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE OR RESOLUTION, A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC 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 IN- TRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL. !, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE.OR REQUIREMENT AND PASS THIS ORDINANCE FINAL- LY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUN- CIL. RESPECTFUL Y, MAYOR ' CITY OF CORPUS CHRISTI THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: LESLIE MAN FRANK E. . WI WI LL LLIAMSON JACK DEFORREST GEORGE L. MIKE NEEDHAM AM JR JR. . NNxNxx9Vw *9 acxxxxw THE ABOVE ORDINANCE OR RESOLUTION WAS PASSED BY THE FOLLOWING VOTE: LESLIE W WILLI,AN FRANK E WILLAMSON xxxxxgwawwwwxxx JACK DEFORREST . gxxwxxxxxx�xwwxww GEORGE L. LOWMAN MIKE A. NEEDHAM JR. �rwxwwxgxx�,Mxxxxwxxx �`(/�" CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES STATE OF TEXAS COUNTY OF NUECES M KNOW ALL MEN BY THESE PRESENTSz WHEREAS, THE CITY OF CORPUS CHRISTI 15 CONTEMPLATING THE ENLARGEMENT AND EXPANSION OF THE Ff LTRATION PLANT OF THE CITY OF CORPUS CHRISTI AT CALALLEN, TEXAS, AND HAVE SELECTED THE ENGINEERING FIRM OF MYERS AND NOTES AND ASSOCIATES AS ENGINEERS TO PREPARE PLANS AND SPECIFICATIONS AND SUPER- INTEND THE CONSTRUCTION OF SUCH EXTENSIONS AND IMPROVEMENT, AND; WHEREAS, IT IS NECESSARY THAT THE AGREEMENT CONCERNING SAID SERVICES BE WRITTEN AND PROPERLY EXECUTED BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION ACTING HEREIM BY AND THROUGH ITS CITY MANAGER, DULY AUTHORIZED TO ACT AND NOW HEREINAFTER CALLED "THE CITY", AND MYERS AND NOTES AND ASSOCIATES, CONSULTiNG ENGINEERS, OF DALLAS, TEXAS AND OF CORPUS CHRISTI, TEXAS, A PARTNERSHIP, ACTING HEREIN BY E. N. NOYES, HEREINAFTER CALLED 'THE ENGINEER', AS FOLLOWS: ' WITNESSETH: 3. THE CITY HEREBY EMPLOYES THE ENGINEER AND THE ENGINEER AGREES TO PER- FORM ALL PROFESSIONAL ENGINEERING SERVICES HEREINAFTER SET FORTH, IN THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, ADDITIONS AND EXPANSIONS TO THE PUMP- ING AND FILTRATION PLANT OF THE WATER WORKS SYSTEM OF THE CITY AT CALALLEN, NUECES COUNTY, TEXAS. SUCH IMPROVEMENTS ARE HEREINAFTER CALLED AND REFERRED TO AS THE 'PROJECT" AND THE OBLIGATIONS OF THIS CONTRACT SMALL EXTEND AND IN- CLYDE THE PROJECT AS HEREINAFTER DEFINED. 11. THE PROJECT. IT /S CONTEMPLATED BY THE PARTIES HERETO THAT AN-ENLARGE- NENT, EXTENSION AND IMPROVEMENT OF THE PRESENT WATER FILTRATION PLANT AT CALALLEN, TEXAS, HOW A PART OF THE WATER WORKS SYSTEM OF THE CITY OF CORPUS CHRISTI MY THE CONSTRUCTION OF ADDITIONAL FACILITIES FOR 'FILTRATION AS A PART OF THE PRESENT FILTRATION AND PUMPING PLANT AT CALALLEN,(TSGETMER WITH SUCH ADDITIONAL PUMPING FACILITIES AS NAT BE REQUIRED AND SUCH OTHER BUILDINGS, :MEREWITH' TRUCTURES, PIPES, VALVES, FITTINGS AND OTHER FACILITIES NEEDED IN CONNECTION ttt. CHARACTER AND ExTENQ or SERYuES. THE ENGINEER SHALL RENDER THE FOLLOWING PROFESSIONAL SERVICES NECESSARY TO THE DEVELOPMENT Of THE PRO- JECTS A. PREPARATION OF 'A PRELIMINARY ENGINEERING STUDY AND REPORT ON THE PROJECT, IN SUFFICIENT DETAIL TO INDICATE CLEARLY THE PROBLEMS INVOLVED, f THE ALTERNATE SOLUTIONS AVAILABLE TO THE CITY AND THE ENGSNEER'S RECOMMEND - I ATIONS FOR A SOLUTION, AND SHALL INCLUDE A PRELIMINARY ESTIMATE,OF THE COST Of THE PROJECT. r i B. PREPARATION OF DETAILED CONSTRUCTION PLANS, SPECIFICATIONS AND COST ESTIMATES, INCLUDING FIELD BURVEYS.AND SUPERVISION Of NECESSARY BORINGS AND FOUNDATION INVEST /6A71 /NS, ALL FOR THE NECCSSARY CONSTRUCTION ON THE \PROJECT, AS AUTHORIZED ST THE CITY. �". C. ASSISTANCE TO THE CITY IN THE ADVERTISEMENT OF THE PROJECT AND RECEIPT OF BIDS FOR NECESSARY CONSTRUCTION, TOGETHER WITH CONSULTATION RE- LATIVE TO THE AWARD OF CONSTRUCTION CONTRACTS. 3 - D. GENERAL SUPERVISION AND ADMINISTRATION OF CONSTRUCTION, INCLUDING PERIODIC VISITS OF THE ENGINEER OR HIS REPRESENTATIVE FRON THE OFFICE OF THE ENGI"EEN (AS DIITINGUISHED FROM CONTINUOUS RESIDENT FIELD SUPERVISION AND /OR INSPECTION);, FIELD SURVEYS FOR CONSTRUCTION, PREPARATION OF MONTHLY AND FINAL ESTIMATES FOR CONTRACTORS* PAYMENTS AND, UPON COMPLETION OF CONSTRUC- TION REVISION OF DRAWINGS TO SHOW THE PROJECT AS ACTUALLY CONSTRUCTED. E. SERVICES OF RESIDENT ENGINEER AND /OR INSPECTORS AS REQUIRED FOR CONTINUOUS DETAILED FIELD SUPERVISION AND /OR INSPECTION OF THE PROJECT DURING CONSTRUCTION. THE SERVICES INCLUDED IN THIS CONTRACT DO NOT COVER PROPERTY,. BOUNDARY OR RIGHT -OF -WAY SURVEYS; MILL OR LABORATORY INSPECTION Of MATERIALS; THE COST OF TEST SORINGO OR OTHER SUBSURGACE OR FOUNDATION INVESTIGATIONS, OR THE COST OF CALCULATING SPECIAL ASSESSMENTS. THESE EXCLUDED SERVICES, WHEN NECESSARY, SHALL BE FURNISHED BY THE CITY, BUT AT THE CITT*S CHOICE MAY BE PROVIDED BY THE ENGINEER AT ACTUAL COST. -2- IV. COOPERATION WITH THE CITY. IN TOE PERFORMANCE OF THE PRELIMINARY STUDIES FOR THE DEVELOPMENT OF THE PROJECT, THE ENGINEER SHALL HOLD PERIODIC CONFERENCES WITH THE CITY COUNCIL OR ITS REPRESENTATIVES, TO THE END THAT THE PROJECT, AS PERFECTED, SHALL HAVE FULL BENEFIT OF THE COUNCIL'S EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS AND FACILITIES, AND SE CONSISTENT WITH CURRENT MUNICIPAL POLICY. TO IMPLEMENT THIS COOROMATtON, THE CITY SHALL MAKE AVAIL- ABLE TO THE ENGINEER, FOR USE IN PLANNING THE WORK, ALL EXISTING PLANS, MAPS, FIELD NOTES, STATISTICS, COMPUTATIONS AND OTHER DATA'►N ITS POSSESSION RE- LATIVE TO THE EXISTING UTILITIES AND TO THE- PROJECT. V. DESIGN REQUIREMENTS. DETAILED DESIGNS SHALL IN ALL RESPECTS, REFLECT THE APPLICATION OF SOUND ENGINEERING PRINCIPLES, SHALL CONFORM to ALL PERTI- NENT DESIGN STANDARDS OF THE CITY, AND SHALL REFLECT THE HIGHEST DEGREE OF ECONOMY CONSISTENT WITH THESE REQUIREMENTS. ESTIMATES AND PROPOSALS PREPARED FOR USE WITH THE PLANS SHALL INCLUDE SUMMARIES OF BID (TENS AND QUANTITIES BASED UPON THE UNIT PRICE STSTEM OF BIDDING. THREE COPIES OF ALL COMPLETE PLANS, SPECIFICATIONS AND ESTIMATES SHALL BE SUBMITTED TO THE CITY. ADDITION- AL COPIES OF PLANS AND SPECIFICATIONS, AS NECESSARY FOR THE AWARD AND EXECUTION BF CONTRACTS OR FOR THE USE OF THE CSTYS WILL BE FURNISHED BY THE ENGINEER AT ACTUAL COST OF PRINTING. IN THE ADMINISTRATION OF THE PROJECT, THE ENGINEER WILL ENDEAVOR TO PROTECT THE CITY AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CSNTRACTORS BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS. y AS REQUIRED DURING THE DESIGN AND ADMINISTRATION OF THE PROJECT, THE ENGINEER WILL FURNISH TO THE CITY, ESTIMATES OF THE COST OF THE WORK, BUT HE DOES NOT GUARANTEE THE ACCURACY'OF SUCH ESTIMATES. ALL DESIGNS SHALL MEET THE REQUIRE- VENTS OF THE CITY, AND, AS REQUIRED, APPROVAL OF SUCH 'AGENCY SHALL BE OBTAINED BY THE ENGINEER. V1. PERIOD OF SERVICE. THE ENGINEER SHALL COMPLETE THE PRELIMINARY STUDY AND REPORT AS OUTLINED IN SUBPARAGRAPH it LA ABOVE, WITHIN SIXTY (GO) CALENDAR -3- / �'° OATS FROM THE DATE OF WRITTEN NOTICE BY THE CITY TO THE ENGINEER TO PROCEED WITH THIS CONTRACT. UPON APPROVAL OF THE PRELIMINARY STUDY AND REPORT AND UPON WRITTEN AUTHORIZATIDN BY THE CITY TO THE ENGINEER, THE ENGINEER SHALL PROCEED WITH THE NECESSARY PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS TO IMPLEMENT THE CONSTRUCTION S• AUTHORIZED, AND SHALL DELIVER COMPLETED PLANS, SPECtFt CATIONS AND CONTRACT DOCUMENTS �OR THE AUTHORIZED CONSTRUCTION OF THE PROJECT WITHIN ONE HUNDRED FIFTY 4) CALENDAR DAYS AFTER RECEIPT OF SUCH AUTHORIZATION. THIS CONTRACT SHALL REMAIN IN FSRCE FOR THE PERIOD WHICH MAY REASONABLY BE REQUIRED FOR THE DESIGN, AWARD OF CONTRACTS AND CONSTRUCTION ' OF THE PROJECT. vtt. FLEE. THE CITY AGREES TO PAT THE ENGINEER IN INSTALLMENTS AS HEREINAFTER PROVIDED, A BASIC FEE OF FIVE PERCENT (5%).@F THE FINAL CONSTRUCTION COST OF THE PROJECT, WHICH FEE SHALL BE FULL COMPENSATION FOR ALL SERVICES OUTLINED IN SUBPARAGRAPHS itt•s THROUGH 111�D ABOVE.. THE COST ON WHICH THE BASIC FEE IS BASED SHALL BE TAKEN TO BE THE ENGINEER'S ESTIMATE OF THE COST OF THE PRO- JECT UNTIL SUCH TIME AS CONSTRUCTION CONTRACTS HAVE BEEN AWARDED BY THE CITY, AFTER WHICH SAID COST OF THE PROJECT SHALL BE TAKEN TO BE THE FINAL CONSTRUC- TION COST, PLUS THE COST OF ANY MATERIALS AND SERVICES FURNISHED BY THE CITY IN THE DIRECT CONSTRUCTION OF THE PROJECT. IN DETERMINING THE FINAL CONSTRUC- TION COST OF THE PROJECT ON WHICH THE BASIC FEE IS COMPUTED, THERE SHALL NOT BE INCLUDED THE COSTS OF LAND, RIGHTS -OF -WAY, ADMINISTRATIVE EXPENSE, LEGAL EXPENSE OR ENGINEERING FEES N ADDITION TO THE BASIC FEE, THE CITY NSHALL PAT THE ENGINEER THE ACTUAL COST OF SUCH RESIDENT ENGINEER AND/OR INSPECTORS AS MAY BE REQUESTED IN WRITING BY THE CITY AND AS DEFINED IN SUBPARAGRAPH Ill-E ABOVE, WHICH COST SHALL INCLUDE THE ACTUAL PAYROLL COSTS, PLUS TAXES AND INSUR- ANCE THEREON, AND LOCAL TRANSPORTATION AS NECESSARY FOR SUCH ENGINEER AND/OR. INSPCCTORS. Vitt. PAYMENT. PAYMENTS BY THE CITY TO THE ENGINEER ON ACCOUNT OF THE FEE I SHALL BE MADE AS FOLLOWS: A. FOR THE PREPARATION OF PRELIK /NARY STUDIES, REPORTS AND ESTIMATES, AS DESCRIBED IN SUBPARAGRAPH 111 -A ABOVE, A SUN EQUAL TO TWENTY PERCENT (20%) OF THE BASIC FEE, PAYABLE UPON PRESENTATION TO AND APPROVAL BY THE CITY. B. FOR THE PREPARATION OF DETAILED PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE PROJECT, AS DESCRIBED IN SUBPARAGRAPH 111•B ABOVE, A SUM EQUAL To FIFTY -FIVE PERCENT (55 %) OF THE BASIC FEE. THIS SUM SHALL BE PAID IN MONTHLY INSTALLMENTS DURING THE PREPARATION OF THE PLANS AND SPECIFICATIONS, IN PROPORTION TO THE AMOUNT OF PLAN PREPARATION ACCOMPLISHED, AS EVIDENCED BY ESTIMATES SUBMITTED TO THE CITY BY THE ENGINEER, AND APPROVED BY THE CITY. C. FOR THE ADVERTISEMENT AND AWARD OF CONTRACTS, AND GENERAL SUPERVI- SION AND ADMINISTRATION OF CONSTRUCTION CONTRACTS, AS DESCRIBED IN SUBPARA- GRAPHS 1114 AND 111-D ABOVE, PAYMENTS SHALL BE MADE MONTHLY, ON THE REMAIN- DER OF THE BASIC FEE, IN PROPORTION TO THE COMPLETED CONSTRUCTION WORK, ON THE BASIS OF CONTRACTORS MONTHLY ESTIMATES, UNTIL THE AGGREGATE OF ALL PAY- MENTS MADE ON ACCOUNT OF THE BASIC FEE ARISING FROM THIS AGREEMENT SHALL BE A SUM EQUAL TO THE FEE ARISING FROM THIS AGREEMENT, COMPUTED ON THE TOTAL CONSTRUCTION COST OF THE PROJECT, AS HENEINBEFORE DEFINED. D. PAYMENT FOR THE ACTUAL COST OF RESIDENT FIELD SUPERVISION AND/OR INSPECTION, AS DESCRIBED IN SUBPARAGRAPH 111 +E ABOVE, SHALL BE MADE BY THE CITT TO THE - ENGINEER MONTHLY, UPON PRESENTATION OF MONTHLY STATEMENTS OF EXPENDITURES INCURRED. UPON COMPLETION Of THE PROJECT, THESE STATEMENTS SHALL BE allBJECT TO AUDIT BY THE CITY. No RCDUCTfOM SHALL BE MADE FROM THE BASIC FEE ON ACCOUNT OF PENALTY, LIQUIDATED DAMAGES OR OTHER SUNS WITHHELD FROM CONTRACTOR PAYMENTS. E. THE SUM DUE THE ENGINEER FOR THE ENGINEERING�SERVICES PERFORMED, AS SUCH TERM /S HEREINAFTER DEFINED, SHALL BE PAYABLE OUT OF WATER WORKS IMPROVEMENT BOND FUNDS SN HAND AND THE PROCEEDS OF SALE OF SUCH ADDITIONAL BONDS AS MAY BE AUTHORIZED FOR ISSUANCE AND SALE BY THE CST NO THE CITY REPRESENTS THAT ITS CITY COUNCIL HAS APPROPRIATED OR WILL APPROPRIATE THE SUMS DUE UNDER THE AGREEMENTf AND THE CITT FURTHER REPRESENTS THAT THE DIRECTOR OF FINANCE HAS CERTIFIED TO THE CITY COUNCIL THAT THE MONEY REQUIRED -5- TO PAT THE $UNS DUE THE ENGINEER UNDER THIS AGREEMENT ON THE PROJECT AS ABOVE DEFINED IS IN THE TREASURY TO THE kNEDIT OF THE FUND FROM WHICH IT IS TO HE DRAWN AND NOT APPROPRIATED FOR ANY OTHER PURPOSE. 1X. REVISION OF PLANS AND SPECIFY ICAT 011S. SHOULD THE CITY REQUIRE SUB - STANTfAI REVISION OF PLANS,AND /OR SPECIFICATIONS# AFTER THE SAME HAVE BEEN OULY APPROVED AND ACCEPTED BY THE CITY, THEN THE CITY SHALL PAT TO THE ENGINEER JUST AND EQUITABLE COMPENSATION THEREFOR# WHICH COMPENSATION SHALL BE AGREED UPON BY THE CITY AND THE ENGINEER PRIOR TO THE PERFORMANCE OF ANY OF THE WORK OF SUBSTANTIAL REVISION. X OWNERSHIP OF DOCUMENTS. ALL DOCUMENTS INCLUDING ORIGINAL DRAWINGS, ESTIMATES, SPECIFICATIONS, FIELD NOTE$ AND DATA ARE TO BE DELIVERED TO THE F° yJ' k• CITY AND BECOME THE PROPERTY OF THE CITY UPON COMPLETION OF THE PROJECT. (IT .F IS MUTUALLY AGREED# HOWEVER* THAT IN CONSIDERATION FOR THE OWNERSHIP OF THE Ay ABOVE PLANS AND DOCUMENTS, THE CITY AGREES TO USE THEN SOLELY 1N CONNECTION WITH THE PROJECT AS HEREIN DEFINED# AND NOT FOR THE PURPOSE OF MAKING FURTHER EXTENSIONS OR ENLARGEMENTS TO THE COTT /'S FILTRATION PLANT# SAVE VITH THE EXPRESS CONSENT OF THE ENG {NEE. THE ENGINEER NAY RETAIN REPRODUCIBLE COPIES OF ALL DOCUMENTS AND PLANS. X1. ARBITRATION OF DISPUTES. SHOULD ANY D13PUTE ARISE HEREUNDER BETWEEN THE CITY AND THE ENGINEER AS TO ANY OF THE TERMS OF PROVI$ IONS OF THIS CONS. TRACT OR THE OBLIGATIONS OF THE PARTIES THEREUNDER, THE CITY AND THE ENGINEER SHALL SUBMIT SUCH DISPUTE TO ARBITRATION AS F ►LLOWSI A. THE CITY AND THE ENGINEER SHALL EACH APPOINT AN ARBITRATOR AND SHALL SUBMIT SUCH DISPUTE TO SUCH ARBITRATORS. B. ARBITRATORS SHALL HAVE FULL POWER TO INVESTIGATE SUCH DISPUTE, HEAR WITNESSES# EXAMINE PAPERS, DRAWINGS AND DOCUMENTS, AND TARE PIhPESSIORAL, 9X- PER? OPINION THEREON AND SHALL ARBITRATE AND DECIDE SUCH DISPUTE To CARRY OUT THE INTENTIONS OF THE PARTIES AND DO JUSTICE BETWEEN THEM. C. IN THE EVENT ARBITRATORS ARE UNABLE TO AGREE UPON THEIR DECISION, THEY SHALL MUTUALLY AGREE UPON A THIRD ARBITRATOR. IN EVENT ARBITRATORS ARE UNABLE TO AGREE UPON THE SELECTION OF THE THIRD ARBITRATOR, OR HAVING SELECTED SUCH ARBITRATOR, THE THREE ARBITRATORS ARE UNABLE TO REACH AN AGREEMENT, THEN THE ARBITRATION SHALL Be CONSIDERED TO HAVE DEEM EXHAUSTED. x11. r, TERNiNATiON OF CONTRACT. THE CITY MAY TERMINATE THIS CONTRACT AT ANT TIME BY A NOTICE IN WRITING TO THE ENGINEER. UPON RECEIPT OF SUCH NOTICE, THE ENGINEER SHALL, UNLESS THE NOTICE DIRECTS OTHERWISE, IMMEDIATELY DISCON- TINUE ALL SERVICES AND WORK AND THE PLACING OF ALL ORDERS OR THE ENTERING INTO CONTRACTS FOR SUPPLIES, ASSISTANCE, FACILITIES, AND MATERIALS IN CONNEC- TION WITH THE PERFORMANCE OF THIS CONTRACT AND SHALL PROCEED TO CANCEL PROMPTLY ALL EXISTING ORDERS AND CONTRACTS INSOFAR AS SUCH ORDERS OR CONTRACTS AMC CHARGEABLE TO THIS CONTRACT. As SOON AS PRACTICABLE AFTER RECEIPT OF NOTICE OF TERMINATION, THE ENGINEER SHALL SUBMIT A STATEMENT, SHOWING IN DETAIL THE AMOUNT OF WORK PERFORMED UNDER THIS CONTRACT TO THE DATE OF TERMINATION. THE CITY SHALL THEN PAT THE ENGINEER PRONPTLT THAT PROPORTION OF THE PRESCRIBED FEE WHICH THE WORK ACTUALLY PERFORMED UNDER THIS CONTRACT BEARS TO THE TOTAL WORK CALLED FOR UNDER THIS CONTRACT, LESS SUCH PAYMENTS ON ACCOUNT OF THE FEE AS HAVE BEEN PREVIOUSLY MADE. ALL COMPLETED OR PARTIALLY COMPLETED DESIGNS, PLANS AND SPECIFICATIONS PREPARED UNDER THIS CONTRACT SMALL BE DELIVERED TO THE CITY AND BECOME THE PROPERTY OF THE CITY WHEN AND IF THIS CONTRACT IS TERMINATED, BUT SUBJECT TO THE RESTRICTIONS,AS TO THEIR USE AS SET FORTH IN PARAGRAPH 1X ABOVE. X111 SUCCES5 6R5 AND ASSIGNMENTS. THE CITY AND THE ENGINEER EACH DINDB ITSELF AND ITS PARTNERS, SUCCESSORS, EXECUTORS, ADMINISTRATORS AND ASSIGNS TO THE OTHER PARTY OF THIS AGREEMENT AND TO THE PARTNERS, SUCCESSORS, EXECUTORS, AD- MINISTRATORS AND ASSIGNS OF SUCH OTHER PARTY, IN RESPECT TO ALL COVENANTS OF THIS AGREEMENT; EXCEPT A5 ABOVE, NEITHER THE CITY NOR YHE ENGINEER SHALL ASSIGN, SUBLET OR TRANSFER ITS INTEREST IN THIS AGREEMENT WITHOUT THE WRITTEN CONSENT l Of THE OTHER. IN TESTIMONY OF WHICH THIS INSTRUMENT HAS BEEN EXECUTED ON BEHALF OF THE ABOVE NAMED ENGINEERS BY ONE OF THEM SIGNING FOR THEN ALL, AND HAS BEEN EXECUTED ON BEHALF Of THE CITY BY ITS CITY MANAGER AND ATTESTED BY ITS CITY SECRETARY UNDER ITS COTT SEAL IN DUPLICATE ORIGINAL$, BOTH OF EQUAL FORCE, ON THIS THE I AT OF A. D. 195_. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER AND' MYERS AND NOYES AND ASSOCIATES BY E. H. NOTES THE STATE OF TEXAS j COUNTY OF NUECES BEFORE ME, TIIE UNDERSOONED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W. B. COLLIER, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MuKi- CIPAL CORPORATION, KNOWN TO NE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT HE EXECUTED THE SANE AS THE ACT AND DEED OF SAID CITY TOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREON STATED. GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE PAT OF w. . A. D. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES a BEFORE ME, THe YNDERSi&NED AUTHOROri' ON THIS OAT PERSONALLY APPEARED E. N. NOYES, A PARTNER OF THE FIRM OF MYERS AND NOYES AND ASSOCIATES, KNOWN TO ME TO SE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDOEO TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID PA's- INERSHIP FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY 'THEREIN STATED. GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE DAY OF 195_ NOTARY Pumuc IN AND FOR NDeces COUNTY, ` TEXAS 9- DECEMBER 23, 1952 2 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. 298 CITY OF CORPUS CHRISTI WATERWORKS CONSTRUCTION FUND Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 'JM4&� irector of Finance ?)37 /