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HomeMy WebLinkAbout03558 ORD - 10/07/1953AN ORDINANCE NO. 3608 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH PALMER & BAKER, INC., COVERING ENGINEERING SERVICES FOR VEHICULAR TUNNEL UNDER ENTRANCE CHANNEL PORT OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ACCORDING TO THE PROVISIONS AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF UNAPPROPRIATED FUNDS AVAILABLE IN NO. 108 STREET FUND, THE SUM OF $5,000.00 TO CODE CH, STREET MAINTENANCE AND CONSTRUCTION. 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 OF CORPUS CHRISTI TO EXECUTE AN AGREE- MENT WITH PALMER & BAKER, INC., COVERING ENGINEERING SERVICES FOR VEHICULAR TUNNEL UNDER ENTRANCE CHANNEL PORT OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ACCORDING TO THE PROVISIONS AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THERE 15 HEREBY APPROPRIATED OUT OF UNAPPROPRIATED FUNDS AVAILABLE IN NO. lO8 STREET FUND, THE SUM OF $5,000.00 TO CODE CH, STREET MAINTENANCE AND CONSTRUCTION. SECTION 3. THE FOREGOING ORDINANCE WAS READ THE FIRST TIME AND PASSED } TO THE SECOND READING ON THE „� DAY OF SEPTEMBER, 1953, BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAW AY {// JAMES %, NAISMITH C W. JAMES BRACE {_ 'f THE FOREGOING ORDINANCE WAS READ THE SECOND TIME AND PASSED TO THE 1.. THIRD READING ON THE j() DAY OF , 1953, BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES ;5. NAISMITH W. JAMES BRACE a.c,.,�......� 35Sg THE FOREGOING ORDINANCE WAS READ THE THIRD 71ME AND PASSED AND ORDERED APPROVED BY THE MAYOR, ON THE D AY OF jl'� ) 1953) BY THE FOLLOWING VOTE; A. A. LICHTENSTE.IN ELLROY KING P. C. CALLAWAY JAMES �& NAISMITH .;1 W. JAMES BRACE F� MAYOR THE CfTY OF CORPUS CHRISTI) TEXAS ATTEST } -- CITY SECRETAR(,Y APPROVED AS TO LEGAL FORM: CITY ATTORNEY -2- AGREEMENT COVERING ENGINEERING SERVICES FOR VEHICULAR TUNNEL UNDER ENTRANCE CHANNEL. PORT OF CORPUS CHRISTI, TEXAS 1. THIS AGREEMENT, MADE AND ENTERED INTO THIS GA,Y OF SEF'TF.MBE''.R, IN THE! YEAR NINETEEN HUNDRED AND FIFTY - THREE:, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING BY AND THRO'JGH ITS CITY MANAGL:R, HEREINAFTER CALLED THE CITY, AND PALMER AND BAKER, IN =.ORPORATED, A CORPORATION DULY ORGANIZED UNDER THE LAWS OF THE STATE OF TrYAS, HEREINAFTER CALLED THE ENGINEER, W I T N E S S E T H- 2. THAT WHEREAS THE CITY INTENDS TO BUILD A FOUR -LANE TRENCH TYPE w EH!C!JLAR TUNNEL UNDER 'THE ENTRANCE CHANNEL TO THE PORT OF CORPUS C.HRI STI, TE. A.A9, WITH VENTILATION AND SERVICE BUILDINGS, PLAZAS, HIGHWAY APPROACHES CONNECTING SUCH TUNNEL. TO EXISTING HIGHWAYS, AND ALL NECESSARY APPURTENANCES "HE.F,FTO, AL.L OF WHICH SHALL COLLECTIVELY HEREINAFTER BE CALLED THE. WORK. 3. NOW, THEREFORE, THE CITY AND THE ENGINEER, FOR THE CONSIDERATION HEREINAFTER NAMED, AGREE. AS FOLLOWS- 4. THE CITY DOES HEREBY APPOINT AND EMPLOY PALMER AND BAKER, INCOR- FORATE:D, A.S IT'S ENGINEER FOR THE WORK, AND THE ENGINEER AGREES TO PERFORM -THE PROFESSIONAL SERVICES HEREINAFTER SET FORTH. 5. THE ENGINEER'S .SERVICES ARE AS FOLLOWS' (A) DESIGN SERVICES WILL INCLUDE THE MAKING OF DETAIL SURVEY5 ANC SOUNDING'S AND THE PREPARATION OF DRAWINGS SHOWING THE RESULT OF SUCH SUR- VE'.fS. RIGHT -OF -WAY DRAWINGS AND DESCRIPTIONS WILL BE PREPARED SHOWINt EASE- MENTS FOR CONSTRUCTION AND LAND TAKINGS FOR THE PERMANENT STRUCTURES, AND COPIES OF' THE SAME. WILL BE. FURNISHED TO THE CITY WHOSE. RESPONSIBILITY IT SHALL BE TO SEG'1RE. TITLE OR CONSTRUCTION EASEMENTS AS NECESSARY. DRAWINGS WILL BE PREPARED SHOWING THE LOCATION OF EXI:"T'ING UTILITIES; THE RE-LOCATION OF THESE UTILITIES l[,.;,ING �JONSTRUCTION OF THE TUNNEL AND THE: ULTIMATE LOCATION AFTER COMPLETION OF IH4 WORK. CURRENT AND HYDRAULIC STUDIES WILL BE MADE, NOT ONLY UNDER NORMAL. CONL!I TI INS, BUT .SU(-q I CS WILL BE EXT@.: NDED AND CAL.I;LILATI ONS MADE TO DFTE: RMI'IE Ili[ FETECT ON THF. T.UNNE.L. 01 HUFRIi AN4 T CAL CONDI TI DNS. DRAWINGS AND A. PPL I C AT I CN's EOP THE DEPARTMFNE OF THE ARMY PF_.RMIT WILL BE' PRFPARE9 AND THE APPLIC.AT'ION C;U fE`) ' HROI, .H TO FINAL APPROVAL BY THE SECRETARY OF THE. ARMY'. THE ENtii m-.FR WILL. PREPARE AND PRCSE.I'.0 71:: A. FLlCATIONS TO THE FED ERAL GOVERNMENT FOR ALL NI-CIiSEAiRY PERMITS FCR CONE I'PL'C:T ICN AND FOR CONTROLLED MATERIALS. FURTHER DESIGN SE n'.'dI GEs WILL INCLUDE THE NECESSARY CONF6'RENCES, PREPARATION OF WORKING DRAWINGS, SPE;:!i'I— ,:ATIONS, THE LRAFTINiS OF CONTRACT DOCUMENTS, THE PREPARATION OF E.STIMATEZi niF - Q';AN7ITI E:S AND COSTS, AN;.? WLICH OTHER SERVICES AS ARE REQUIRED FOR COMPLETE E:NT;I� ME',ERING SERVICES FO "d FHF. W ^RK IN ADVANCE: OF THE AWARD OF CONSTRUCTION CONTRACTS. YHF, E,NGI NE.ER SHALL HIAI NTAIN AN ADEQUATE AND COMPETENT STAFF OF DESIGNING E:NGI — NEE.RS, AND WILL ASSOCIATE WITH ITSELF FOR THE PURPOSE OF THIS WORK, WITHOUT COST TO THE CITY, SUCH SPECI ALICrS IN THE FIELD OF ENGINEERING AS THE ENGINEEN. MAY C± ?NSIGER NECESSARY. THE ENGINEER SHALL PROCEED TO COMPLETE THESE DESIGN SEP— VICES AS EXPEDITIO:'SLY AS CONDITIONS PERMIT. SCOPE, LOCATION, DIMENSIONS, C.FNFR— AL FEATURES AND DETAILS OF ALL, DESIGNS SHALL MEET THE APPROVAL OF THE CITY. (B) CONSTRUCTION .SUPERVISORY SERVICE. THE ENGINEER SHALL AS'SISC THE CITY' IN SECURING BIDS, BE AVAILABLF FOR CONFERENCES WITH CONTRACTORS, TAB?; - LATE BIDS, RECOMMEND TO THE CITY THE LOWEST SATISFACTORY BIDDER, ASSIST III THE PREPARATION AND EXECUTION OF CONTRACTS, CHECK SHOP AND WORKING DRAWINGS F-'RNSISHF::l B'{ THE CON TRACTORS, CIGNSULT AND ADVISE WITH THF. CITY DURING CONSTRUCTION, REuIEW E?.'T'IM.ATES FOR PRO6:RC51, AND FINAL PAYMENTS TO CONTRACTORS, SUPERVISE WORK IN '1'H.: EIEL_', BF. RESPONSIBLE FOR THE GENERAL ADMINISTRATION ESSENTIAL TO THE COM: °LE ?'ION OF THE! WORK, SL'PERVISlr: THE PURCHASE OF ALL EQUIPMENT NECESSARY TO PERMIT FCLL OPE.RAY "ION OF THE T!:NNE:L, TRAIN THE INITIAL PERSONNEL FOR EACH TUNNEL POSITI3N, PREPARE'. THE INITIAL 1I1E'.A'A.TIH(G1 B ),lDR,1T AND SUPERVISE THE OPERATION FOR TH!RT'; (30) UA'T!6 AF7E.R 'THE CJPfNkVsG 3F THE TUNNEL TO THE PUBLIC AND PERFORM OR FURNISH 5U: ;'N (+T "HER SF_'RVICF_S AS ARE REQUIRE'-) FOR COMPLETE ENGINEERING SERVICE FOR THE WL+K. THE ENGINEER SHALL MAINTAIN IN THE FIELD AT THE SITE OF THE WORK IN THE CITY L CORPUS CHRISTI A CCMF'F_TE:NT AND ADEQUATE STAFF OF FIELD ENGINEERS IN ATTENDAN�;l *b I `J'i;"r'ECT' THE WORK AN'" 10 ASSURE COMPL, I ANCE BY THE CONTRACTORS WITH THE DRAW- 1'46C ANCI SPECIFICAT'ION5 AND U'F.NERALLI 1.0 AND PERFORM ALL SERVICES AND FUR',lAjX ,ALL-THINGS NECESSARY OR INCIDENTAL TO THE SUPERVISION OF CONSTRUCTION. THE ENGINEER WILL EXPEDITE AND COORDINATE THE WORK BETWEEN THE SEVERAL CONTRACTORS. (C) BORINGS, SOIL TESTS AND MATERIAL TESTING. THE ENGINEER WILL TAKE ALL NECESSARY BORINGS TO ESTABLISH SOIL CONDITIONS IN THE AREA OF THE WORK AND WILL DETERMINE UNDERLYING GAS AND WATER CONDITIONS. ALL NECESSARY SOIL TESTS WILL BE MADE IN THE ENGINEER'S LABORATORY TO DETERMINE THE BEARING VALUE AND NATURE OF THE UNDERLYING MATERIALS. THE ENGINEER WILL MAINTAIN A FIELD LABOR- ATORY AS REQUIRED FOR THE CONTROL AND TESTING OF CONSTRUCTION MATERIALS AT THE SITE. ALL TESTS AND INSPECTIONS NECESSARY AT POINT OF MANUFACTURE OF MATER- IALS AND EQUIPMENT WILL BE CONDUCTED BY THE ENGINEER.. WHERE REQUIRED, TESTS AND INSPECTION SERVICES SHALL BE PERFORMED IN ACCORDANCE WITH THE LATEST STAN- DARD REQUIREMENTS OF THE AMERICAN SOCIETY FOR TESTING MATERIALS, FEDERAL SPECIFI- CATIONS BOARD, OR AMERICAN ASSOCIATION OF STATE HIGHWAY OFFICIALS' STANDARDS, OR ANY SPECIAL STANDARDS ESTABLISHED BY THE CITY'. THE ENGINEER WILL AT ALL TIMES MAINTAIN A SUFFICIENT LABORATORY STAFF IN ORDER THAT WORK MAY PROGRESS WITHOUT DELAY. REPORTS ON TESTS AND INSPECTIONS $HALL BE WRITTEN REPORTS FURNISHED IN 'TRIPLICATE; ONE COPY SHALL BE FILED WITH THE CITY; ONE COPY IN THE ENGINEER'S OFFICE AT THE SITE OF THE WORK, AND ONE COPY IN THE ENGINEER'S MOBILE OFFICE. (D) FINANCING ASSISTANC['. THE ENGINEER WILL ASSIST THE CITY AND SUCH FISCAL AGENT AS IT MAY DESIONATE IN ITC T'UNNF,L FINANCING N €GOTIA'TIONS AND WILL PROVIDE TRAFFIC STUDIES BY NATIONALLY' RECOGNIZED TRAFFIC ENGIN €ER$ AS A BASIS FOR SUCH FINANCING. (E) THE ENGINEER WILL PROCEED IMMEDIATELY UPON THE EXECUTION OF THIS CONTRACT WITH THE ABOVE -MENTIONED SURVEYS, ®ORINOB, AND TRAFI'IC STUDIES, AND UPON COMPLETION OF SUCH STUDIES WILL PRESENT TO THE CITY A CLAN OF FINANCING, INCLUDING A TOLL SCHEDULE AND AN ESTIMATE OF ALI. COSTS TO BE INCLUDED IN THE REVENUE BOND ISSUE NECESSARY TO FINANCE THL WORK. IF SUCH A PLAN IS NOT PAEPARED AND PRESENTED WITHIN SIX (6) MONTHS, OR IF WHEN PRESENTED (;ONTAINS A PLAN OF FINANCING OR A TOLL SCHE.OULL, EITHER OF WHICH THE CITY IN ITS SOLE DISCRETION DET €RMIN €S TO BE UNACCEPTA ®LE, THEN THIS CONTRACT SHALL BECOME NULL AND VOID, BUT IF SUCH TOLL SCHEDULE AND FINANCE PLAN, AS WELL AS ENGINEERING SERVICES, ARE APPROVED, THEN THE CITY AGREES TO SUBMIT THE NECESSARY BOND ISSUE TO THE QUALIFIED BOTE.RS FOR THEIR APPROVAL NOT LATER THAN 45 DAYS AFTER THE DATE OF SAID APPROVAL BY THE CITY, AND UPON SUCH APPROVAL BY A FAVORABLE VOTE OF THE PEOPLE THIS CONTRACT SHALL REMAIN IN FULL FORCE UNTIL THE WORK IS COMPLETED AND ALL PAYMENTS DUE TO THE ENGINEER HAVE BEEN MADE BY THE CITY; PROVIDED, HOWEVER, IF SAID BOND ISSUE SHALL FAIL, OR IF UPON RECEIPT OF CONSTRUCTION BIDS PLUS ALL OTHER COSTS THE PROJECT CANNOT BE FVNANCED 24-74; FROM REVENUE BONDS ON THIS PROJECT, THEN THIS CON- TRACT SHALL BECOME NULL AND VOID AND NO FURTHER LIABILITY OTHER THAN THE ORIGI- NAL PAYMENT OF $5,000.00 SHALL EXIST AGAINST THE CITY. ADVERTISING FOR AND RECEIPT OF CONSTRUCTION BEDS WILL BE SIMULTANEOUS WITH THE ADVERTISING FOR AND RECEIPT OF BIDS FOR SALE OF REVENUE BONDS FOR THE WORK. 6. THE CITY AGREES TO COOPERATE IN EVERY MANNER WITH THE ENGINEER AND FURTHER AGREES TO APPROVE, REJECT, OR RETURN WITH INDICATED SUGGESTED RE- VISIONS OR RECOMMENDATIONS DRAWINGS, SPECIFICATIONS, RECOMMENDATIONS OR OTHER WRITTEN COMMUNICATIONS SUBMITTED BY THE ENGINEER TO THE CITY FOR APPROVAL, WITHIN A PERIOD NOT TO EXCEED THIRTY (30) DAYS AFTER SUBMITTAL TO THE FIRST MEETING OF THE CITY COUNCIL AFTER DEL.IYFRY, SUCH APPROVAL, REVISION OR RECOMMENDATIONS BY THE CITY SHALL NOT RELIEVE THE ENGINEER OF ITS RESPONSIBILITY. ANY NOTICE, SPECIFICATION, ORAWING OR OTHER WRI77EN COMMUNICATION FROM THE ENGINEER TO THE CITY SHALL BE rONSIDERED DELIVERED AND THE SERVICE THEREOF COMPLETED WHEN POSTED, BY REGISTERED MAIL, TO THE CITY SECRETARY. CITY OF CORPUS CHRISTI, TEXAS, OR DELIVERED CN PERSON TO SAID CITY SECRETARY OR HIS AUTHORIZED REPREB €NTATIVE. ANY NOTICE, SPECIFICATION, DRAWING OR OTHER WRITTEN COMMUNICATION FROM THE CITY TO THE ENGINEER SHALL BE CONSIDERED DELIVERED AND THE SERVICE THEREOF COMPLETED WHEN POSTED, BY REGISTERED MAIL, TO THE ENGINEER AT THE LAST GIVEN ADDRESS, OR DELIVERED IN PERSON TO THE SAID ENGINEER OR HIS AUTHORIZED REPRESENTATIVE ON THE .WORK. 7. PAYMENTS TO ENOINELR. THE COMPENSATION TO THE ENGINEER FOR SER- VICES RENDERED HEREUNDER SHALL BE PAID BY THE CITY AS FOLLOWS! (A) THE CITY SHALL PAY $5,000.00 TO THE,ENGINEER AS A RETAINER UPON SIGNING OF THIS AGREEMENT. THERE SHALL BE NO FURTHER OBLIGATION OR PAYMENT DUE TO THE ENGINEER UNLESS AND UNTIL A REVENUE BOND ISSUE SHALL BE AUTHORIZED -4- AND VOTED BY THE PEOPLE FOR THE CONSTRUCTION OF THE TUNNEL, AND THE BONDS SOLD, AND SUCH PAYMENT SHALL THEN BE PAYABLE SOLELY OUT OF THE PROCEEDS FROM THE SALE OF SAID BONDS. (B) WHEN THE CONTRACTS FOR CONSTRUCTION OF THE WORK ARE SIGNED BY THE CITY, THE CITY SHALL PAY TO THE ENGINEER AN AMOUNT THAT WILL MAKE THE PAYMENTS TO DATE HEREUNDER EQUAL TO F @VE AND ONE-HALF PERCENT (5 1/2 %) OF THE TOTAL AMOUNT OF SUCH CONSTRUCTION CONTRACTS'"" 1.a4 (C) MONTHLY ON THE TENTH (10TH) DAY OF EACH MONTH, AS CONSTRUCTION PROGRESSES, FOR THE CONSTRUCTION SUPERVISORY SERVICES AND MATERIAL TESTING, THE CITY SHALL PAY TO THE ENGINEER A SUM EQUAL TO THREE AND ONE -HALF PERCENT (3 1/2 %) OF THE CONTRACT AMOUNT OF CONSTRUCTION WORK COMPLETED DURING THE PRECEDING MONTH. THE ENGINEER WILL MAINTAIN A FIELD LABORATORY AS REQUIRED FOR THE CONTROL AND TESTING OF CONSTRUCTION MATERIALS AT THE SITE. ALL TESTS AND IN- SPECTIONS NECESSARY AT POINT OF MANUFACTURE OF MATERIALS AND EQUIPMENT WILL BE CONDUCTED BY THE ENGINEER. WHERE REQUIRED, TESTS AND INSPECTfON SERVICES SHALL BE PERFORMED IN ACCORDANCE WITH THE LATEST STANDARD REQUIREMENTS OF THE AMERICAN SOCIETY FOR TESTING MATERIALS, FEDERAL SPECIFICATIONS BOARD, OR AMERICAN ASSOCIATION OF STATE HIGHWAY OFFICIALS' STANDARDS, OR ANY SPECIAL STANDARDS ESTABLISHED BY THE CITY. THE ENGINEER WILL AT ALL TIMES MAINTAIN A SUFFICIENT LABORATORY STAFF IN ORDER THAT WORK MAY PROGRESS WITHOUT DELAY. REPORTS ON TESTS AND INSPECTIONS SHALL BE WRITTEN REPORTS FURNISHED IN TRIPLICATE, ONE COPY SHALL BE FILED WITH THE CITY) ONE COPY IN THE ENGINEER'S OFFICE AT THE SITE OF THE WORK, AND ONE COPY IN THE ENGINEER'S MOBILE= OFFICE. (D) WHEN THE WORK HAS BEEN COMPLETED AND ACCEPTED, THEN THE ENTIRE COMPENSATION PAID THE ENGINEER SHALL It ADJUSTED TO NINE PERCENT (90) OF THE CON- TRACT COST OF EQUIPPINQ AND CONSTRUCTION OF THE WORK, NOT TO EXCEED NINE PERCENT (9 %) OF $11,500,000, PLUS ANY EXTRA COMPENSATION DULY HALLOWED AS PROVIDED IN PARAGRAPH 6 BELOW, AND ANY BALANCE DUE THE ENGINEER SHALL BE PAID OR ANY AMOUNT DUE THE CITY SHALL BE PROMPTLY REPAID. (E) NO DEDUCTIONS SHALL BE MADE FROM THE ENGINEER'S FEE ON ACCOUNT OF PENALTIES, LIQUIDATED DAMAGES OR OTHER SUMS WITHHELD FROM PAYMENTS TD CONTRACTORS. 6. CONSTRUCTION DELAYS AND COURT ACTIONS. (A) IF THE DURATION OF THE CONSTRUCTION PERIOD OF ANY UNIT OF THE WORK CONTEMPLATED BY THIS AGREEMENT SHALL, THROUGH NO FAULT OF THE ENGINEER, e5 BE DELAYED BEYOND THE DATE OF COMPLETION SPE.CVFIED IN THE CONSTRUCTION CONTRACT BETWEEN THE CITY AND ANY CONTRACTOR, THE CITY SHALL, UPON COMPLETION OF SUCH UNIT OF THE WORK, PAY TO THE ENGINEER FOR COSTS INCliRFEE` BY THE ENGINEER AFTER SUCH DATE OF CONTRACT COMPLETION, BECAUSE OF THE EMPLOYMENT OF ITS FIELD FORCE NECESSARY TO CARRY OUT THE TERMS OF THIS CONTRACT, TWO HUNDRED DOLLARS ($200x00) "r FOR EACH DAY. THE CITY HEREBY DIRECTS THL ENGINEER: TO INCLUDE, FOR THE SOLE BENEFIT Or THE CITY, SJCH ALLOWANCES IN THE TOTAL DAILY AMOUNT TO BE ASSESSED AS °LIQ`•11DATED DAMAGE -," AS SET FORTH IN THE SPECIFICATIONS AND CONTRACT DOCUMENTS, TO COVER SUCH ADDED COST TO THE CITY AND ANY FUNDS SO ASSESSED AND COLLECTED SHALL BE HELD >BY THE CITY FOR THIS SPECIFIC PURPOSE; PROVIDED THAT THE DEALINGS BETWEEN THE CITY AND ITS CONTRACTORS SHALL NOT AFFECT' THE RIGHT OF THE ENGINEER TO RECEIVE PROMPT PAYMENT OF ANY AMOUNT THAT MAT' BECOME DUE UNDER THIS PARAGRk -H, THE PAYMENT TO THE ENGINEER SET OUT ABOVE SHALL BE PAIE7 SOLELY OUT OF THE 'LIQUIDATED DAMAGES' PROVISION OF THE CONTRACT BETWEEN THE CITY ANr. THE CONTRACTOR AND THERE SHALL NOT BE ANY OBL;GATION ON THE FART 0' THE CITY TO FAY THE SAME OUT OF ANY OTHER FUND EXCEPT IN CASE OF THE WAIVER ON THC PART OF THE CITY OF ITS RIGHT TO COLLECT LIQUIDATED DAMAGES, (B) SERVICES IN PREPARATION I "CDR OR Cd`RING COURT HEARINGS, AT THE. INSTANCE. OF AND E'OR THE BENEFIT OF T -HE. CITY, WILL BE PAID FOR BY THE CITY AT ACTUAL COST PLUS ONE HUNDRED PERCENT (100 %) FOR OVERHEAD AND PROFIT AND SHALL BE PAID FOR ON THE FIFTEENTH (15TH) DA.'f Ov THE MONTH FOLLOWING THE MONTH IN WHICH THE CHARGES WERE INCURRED, (C) IF DURING THE PROGRESS OF 114E WORK, THE'. CITY MAKES A DEC151ON WHICH, FOR ITS PROPER EXECIJTION, INVOLVES EXTRA SER "VICCS AND EXPENSES ON THE'. PART OF THE ENGINEER FOR MAJOR REVISIONS IN OR ADDI?IONS TO THE ^RAWINGS, SPECIFI- CATIONS OR OTHER DOCUMENTS, OR OTHER SERVICES NOT SPECIFIED IN THIS AGREEMENT, OR IF THE ENGINEER IS PUT TO EXPENSE B'f DELA4S FROM CAUSES NOT WITHIN HIS CON- TROL OR BY THE DELINQUENCY OR dNVOLVENCY OF THE CONTRACTORS, THE ENGINEER SHALL BE EI«UITABLY PAID FOR SUCH EXTRA SERVICE A"ND EXPENSE. III ANY CASE: WHERE, THE �d ENGINEER DEEMS THAT EXTRA COMPENSATION IS DUE IT' FOR SUCH SERti ICE AND EXPENSE., THE ENGINEER SHALL NOTIFY THE CITY IN WRITING OF ITS INTENTION TO MAKE CLAIM FOR SUCH EXTRA COMPENSATION AND SECURE. WRITTEN AUTHORITY FROM THE CITY BEFORE IT BEGINS THE SERVICES ON WHICH Il BASES ITS CLAIM. IF SUCH NOTIFICATION OR AUTHORITY 15 NOT GIVEN AND THE CITY 15 NOT AFFORDED PROPER FACILITIES BY THE -6- ENGINEER FOR KEEPING. STRICT ACCOUNT OF ACTUAL COST OF SUCH SERVICES, THEN THE ENGINEER HEREBY AGREES TO WAIVE CLAIM FOR SUCH EXTRA COMPENSA710M, SUCH NOTICE BY THE ENGINEER, ANU THE FACT THAT THE CITY HAS KEPT ACCOUNT OF THE COST AS AFORESAID, SHALL NOT CN ANY WAY BE C'.ONSTR'JED AS PROVING THE VALIDITY OF THE CLAIM. IN CASE THE CLAIM, AFTER CONSIDERATION BY THE CITY., IS POUND TO BE JUST, IT SHALL BE ALLOWED AND PATE AS PROVIDED HE�RE:IN. 9. TERMINATION OF CONTRA,: -T• ALL AGREEMENTS SET E'ORTH IN THIS CON - fRACT SHALL BE BINDING UPON THE PARTIES UNTIL. T'HE WORK HAS BEEN COMPLETED AND ACCEPTED BY THE CITY AND ALL PAYMENTS REQUIRED T'0 BQ MADE. TO THE ENGINrE'R HAVE'. BEEN MADE PROVIDED, THAT THIS I:ONTRAC'T' SHALL BE TERMINATED AT THE END 0,- TWO (2) YEARS FROM THE DATE, HEREOF IF THE CITY HAS NOT AWARDEC` OR SIGNC7 THE CONTRACT FOR CONSTRUCTION OF ANY UNIT OF THE WORK, UNLESS THE PARTIES HAVE BEEN PREVENTED FROM DOING 30 BY THE DECLARATION 0' A NATIONAL EMERGENCY, IN WHICH EVENT THE TIME WILL t CXTENDED FOR THE PERIOD OF TIME EQUAL TO 'T'HE DURATION. ®�r 10. OWNERSHIP OF DOCUMENTS, TRACINGS, DR.aWI Nt9, , PLANS AND SPECIG1 'Al ...5, A5 1NOTRUMENTS OF SERVICE, SHALL !EMAIN THE PROPSRTY OF THE ENGINEE:%. E.G I'tL:--j "I'lLL BIT :TURNISHED THE CITY FOR ITS FILES. 11. ENGINEER TO FURNISH ADDITIONAL COPIES. THE ENGINEER WILL UNTIL All PLET 104 OF THE WORK PROVIDE TO THE CITY ADDITIONAL COPIES OF SUCH PORT ON!S .r rLAN1`, SPECIFICATIONS, OR OTHER DATA OR MEMORANDA CONNECTED WITH THE WORK: AS MAY BF REASONABLY REQUIRED. 12. COOPERATION WITH OTHER GOVERNMENTAL AGENCIES. THE ENGINEER IN 1 RRYING OUr THE WORK AND UNDF_RTAKI NG PRCVIDED FOR HEREIN AGREES TO "UI_LY '411 H CO::NTY OF NUECES, THE NUECES COUNTY NAVICATION DISTRICT AND THE 51 "A i`d 111 ti. Mrri .AY DEPARTMENT. 13. ENGINEER TO COMPLY WITH LAWS, ORDINANCES AND REGULATIONS. THE ENGINEER SHALL AT ALL TIMES OBSERVE AND COMPLY WITH ALL FEDERAL, STATE AND CITY ^,_Ahr,, uRDIN,AN�:ES AND REGULATIONS. THE ENGINEERS IN CHARGE OF THE SEVERAL. PH,At:,`. ,A THF: WORK WILL BE REGISTERED IN ACCORDANCE WITH THE LAWS OF THE STATF. OF TLS :A.`,. 14. THE ENGINEER SHALL CARRY ALL, NE:.ESSARY WORKMEN'S COMPENSATION AN,-? P'.IBLIC LIABILITY INSURANCE IN CONNECTION WITH ALL OF HIS EMPLOYEES AND WORK DONE H•i E:E UI'JD F..R ON SAID PROJECT. 15. ASSIGNMENT OF CONTRACT. NEITHER THE CITY NOR THE ENGINEER SHALL. ASSIGN, SUBLET OR TRANSFER ITS INTEREST IN THIS AGREEMENT WITHOUT THE WRITTi:P: 1 NS! °_PIT OF THE OTHER. 16. CONTRACT BINDING ON SUCCESSORS AND ASSIGNS, THIS CONTRACT SHAL.L. Bii F'IN.JING UPON 'THE SUCCESSORS AND ASSIGNS OF THE RESPECTIVE PARTIES HE'.RE70. IN WITNESS WHEREOF, THEY HAVE EXECUTED THIS AGREEMENT THE DAY AND "f E:Art FSRST ABOVE WRITTEN. CITY OF CORPUS CHRISTI, TEXAS AT TEST ° BY RUSSELL E. MCCLURE, CITY MANAGI!K CI T7 5El;RE'T ARY APPROVED AS TO LEGAL FORM- C I'IY AT 1')RNEY PALMER AND BAKER, INCORPORATED BY ANISE: VICE PRESIDENT — REGISTERED CIVIL ENGINEER STATE' OF TE.XAS— NUMBFP. 5048 P C T A R Y -I- -3559 I CERTIFY TO THE CITY COUNCEL 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 OFXf*¢(, UNAPPROPRIATED FUNDS AVAILABLE IN NO. 108 _$TREET FUND TO CDDE CH. STREET MAINTENANCE ARD_- UNSTRUCTION FUND FROM WHICH IT 15 PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. APPROVED DIRECTOR OF FINANCE y i CITY CONTROLLER