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
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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