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 .
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GEORGE L. LOWMAN
MIKE A. NEEDHAM JR.
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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 /