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HomeMy WebLinkAbout11889 ORD - 01/23/1974• JRII:jkh:1- 23 -74; 1st AN ORDINANCE DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE UNITED STATES OF AMERICA TO PROVIDE JANITORIAL, UTILITIES AND RELATED SERVICES AT THE AIRPORT TRAFFIC CONTROL TOWER AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF, NUMBERED DOT -FA -74SW -1182, MARRED EXHIBIT "A "; CANCELLING CONTRACT FASW -1692, DATED SEPTEMBER 16, 1963 AND FURTHER AMENDED BY CONTRACT NO. DOT- FA71SW -1033, DATED JULY 7, 1970; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby authorized to execute a contract, for and on behalf of the City of Corpus Christi, with the United States of America, for and on behalf of the Federal Aviation Administration, to provide janitorial, utilities and related services at the Airport Traffic Control Tower at the Corpus Christi International Airport, all as more fully set forth in the contract attached hereto and made a part hereof, numbered DOT -FA -74SW -1182, marked Exhibit "A." SECTION 2. That Contract FASW -1692, dated September 16, 1963, authorized by Ordinance No. 6994, dated August 14, 1963, and as amended by Contract DOT- FA71Sid -1033, dated July 7, 1970, be and the same is hereby cancelled and the City Manager is hereby authorized to execute the said Cancellation Agreement, a copy of which is attached hereto, marked Exhibit 11B.10 SECTION 3. The necessity to immediately authorize the execution of • the aforesaid contract for janitorial, utilities and related services at the Airport Traffic Control Tower at the Corpus Christi International Airport and to cancel the aforesaid Contract FASW -1692 creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule providing 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 several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having regjested that 11889 STAN ORM 26, JULY 1966 . PAGE G VICE$ ADMINISTRATION AWARD /CONTRACT 1 FED EG. (41CFR) 1- 16.101 1. C mc. I— Ides.) NO. 2. EFFECTIVE DATE 3. REQUISITION /PURCHASE REQUEST /PROJECT NO. 4• CL'RTIFl ED FOR NATIONAL DEFENSE I BDSA DOT- FA74SW 1/1/74 RE . LA".I.R DMS REG. I. -1182 S. ISSUED BY CODE 6. ADMPRSTEAED BY CODE 7. DELIVERY Department of Transportation (If .d— tbn. blu4' 3) FOB DESTI. EI NATION Federal Aviation Administration Southwest Region OTHER El (S,, ) B. CONTRACTOR CODE FACIIJT2' CODE 9. DISCOUNT FOR PROMPT PAYMENT NAME AND ADDRESS City of Carpus Christi Corpus Christi International Airport N/A ( . °ry' Co us Texas 78403 O. Swr., Corpus Christi , sad ZIP wd,) 10. SUBMIT INVOICES (4 rapk, ..leer wb-4. L*wfird) TO ADDRESS SHOWN IN BLOCK 11. SHIP TO /MARK FOR CODEJ 2. PAYMENT WILL BE MADE BY CODE Federal Aviation Administration Federal Aviation Administration ATCT Accounts Payable Branch, ASW -24 Corpus Christi International Airport Post Office Box 1689 Co us Christi Texas 78408 Fort Worth, Texas 76101 10 U.S.C. 2304 (.)1 ) 13. 7H6 PROCUREMENT WAS ADVERTISED, ❑NEGOTIATED, PURSUANT TO: ® 41 U.S.0 252 (cB - 1 10- FPR -1 -3 210 a 1 14. ACCOUNTING AND APPROPRIATION DATA I3. 10. 17. IB. 19. 20. IT NO. SUPPUES /SERVICE$ OU ANTITT UNIT UNR PRICE AMOUNT UTILITIES TOWER CAB WINDOW CLEANING AIRCONDITI NING , HEATINb, TRASH PICt UP ELEVATOR, WATER, SEWER, LIGHTING, JANITORIAL, CARPET VACUUMING, WATER COOLER SERVICES, TOGETHER WITH TOILET FACILITIES AND SUPPLIES THEREFOR. Furnish all labor, equipment, materials and supplies required to provide and perform lighting, water, sewer, airconditioning ,heating, janitori 1, alevator, tower window washing, carpet vacuuming, trash pick up services, tog ther with t filet facilities and supplies therefor for the FAA Air Traffic ont of Tower located at Corpus Christi International Airport, in accorcancit with the terms and conditions of: SCHEDULE I JANITORIAL AND CUSTODIAL SERVICE AREAS SCHEDULE II GENERAL CONTRACT PROVISIONS SCHEDULE III SPECIAL CONTRACT PROVISIONS AND SPECIFICATIONS, ATTACHED HERETO AND MADE A PART HEREOF. sq. 3,725 ft. $1.74 per $6,481.50 sq. ft. 71, TOTAL AMOUNT OF CONTRACT $ 6,481.50 CONTRACTLN'G OFFICER IFTLL COMPLETE BLOCK 22 OR 26 AS APPLICABLE 22. ❑ CONTRACTOR'S NEGOTIATED AGREEMENT (CP.rm— is nq.ircd m dgn 26. ❑ AWARD (Cp. —, u .pt r,q.i,.d m rig. Ibi, d.-.wrar.) Your offer Ibil d.rnmmr ,end rrr.rn_ ropivT r. firming err.) Cvm.acmr v,re„ n S.IIdL.Nen Number , indlydirg IM Iv Nmoh and d.ii•ar PII :1— ar p,,fi— .II the w er r.dh . Wher.iW addif... w charge+ mud, by y. which vddW,., w chage- are :wt fWth In fell ,&e '.d .b.•e .nd w .ny —.—h— onion +hear+ Far the .... d—hv , t-d harem. above, i, hereby .e- ,wd . a th, it— IiMed .!,— and a. any — who. -hvatl. Icvnnvd The 6,H, wd ablignli.n +.f Ih.'.ie+ t. lhl, -- ,hell h +object t. end 9.r- Thi, a wd cw-- - !h, which c ... ia, of rh, WII iag'd.- omem+- (.) arr:ed by the foll..inB docam a— (.1 rh.-.wmd /c.Nrad. (b) IM wkiwli if .ny, the G..emment', wkiwhw .M y.v .Rm, ..d (b) IN, — d /c—ad. N. and ( -I .,h Pr.•:.i.m, rePr.,enmham, cediRc.ti.n,, and +PV- ifl�W —, m lvdher centmwvl dowmenl i, ne4anmy. Wt.ched . I .rpvrar.d by r.farence herein. (A,i1,,bmrmr des Utlrd herein.) F 23 —PiAMe OF CONTRACTOR CITY OF CORPUS CHRISTI, TEXAS 27. UNITED A .oF RCA BY BY IsignWUre.1 pxn..Nh —d tv uV) (5:g m�e ., 1 Con orfcer) 24. NAME AND TIRE OF SIGNER (T FP, or prinl1 26. DATE SIGNED 20. NAME OF CONTRACTING OFFICER (7'-pl l" Peen;) 29. DATE SIGNED R. E. KENNEDY, Contracting Officer 1 q Chief, Real Estate & utilities Br. • Lease No. DOT- FA745W7182 Corpus Christi ATCT Corpus Christi, Texas Page 2 SPECIAL PROVISIONS Schedule I Annual Square Custodial Custodial Facility Type Feet Rate Rate Combined Station Tower 1st Floor - Telco Room 175 $ 1.74 $ 304.50 3rd Floor - ATCT Equipment 3rd Floor Room (Equip.) 530 1.74 922.20 3rd Floor Maint. Storage 51 1.74 88.74 3rd Floor Training Room 352 1.74 612.48 4th Floor Radar Equipment 4th Floor Room (Equip.) 700 1.74 1,218.00 4th Floor Radar Maintenance Room 86 1.74 149.64 4th Floor Telco Room 96 1.74 167.04 4th Floor Maintenance Chief's Office 320 1.74 556.80 5th Floor IFR Room 395 1.74 687.30 5th Floor Operation Storage 144 1.74 250.56 5th Floor Recorder Room 124 1.74 215.76 5th Floor Operations Chief's Office 320 1.74 556.80 5th Floor ATM Storage 102 1.74 177.48 5th Floor Restroom 58 1.74 100.92 6th Floor Tower Cab 272 1.74 473.28 GRAND TOTAL 3,725 $6,481.50 3 Contract No. DOT- FA74SW -1182 Corpus Christi, Texas (ATCT) SCHEDULE II GENERAL CONTRACT PROVISIONS 1. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom, but this provision shall not be extended to this contract if made with a corporation for its general benefit. 2. COVENANT AGAINST CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 3. CONVICT LABOR: In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisoument at hard labor. 4. GRATUITIES: a. The Government may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing by the Administrator or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the Government with a View toward securing a contract or securing favorable treatment with respect to the awarding or amending; or the making of any determinations with respect to the performing of such contracts; provided, that the existence of the facts upon which the Administrator or his duly authorized repre- sentative makes such findings shall be in issue and may be reviewed in any competent court. b. In the event this contract is terminated as provided in paragraph a hereof, the Goverment shall be entitled (1) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Adminis- trator or his duly authorized representative) which shall not be less than three nor more than ten times the costs incurred by the Contractor in providing any such gratuities to any such officer or employee. 4 Contract No: DOT- FA74SW -1182 ATCT, .Corpiis, Christi, Texas c. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 5. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT: The Contracting Officer, by written notice, may terminate the contract in whole or in part at any time when such termination is determined to be in the best interests of the Government, and the Government shall be liable only for payment in accordance with the payment pro- visions of this contract for custodial services rendered prior to the effective date of termination. 6. INTERPRETATION OR MODIFICATION: No oral statement of any person and no written statement of anyone other than the Contracting Officer shall modify or otherwise affect the terms or meaning of this contract. All requests for interpretation or modification should be made in writing to the Contracting Officer. 7. FACILITY NONDISCRIMINATION: a. The term "facility means stores, shops, restaurants, cafeterias, rest - rooms, and any other facility of a public nature in the building for which custodial services under this contract are furnished to the Government for space covered under Lease No. DOT- FA71SW -1033. b. The Contractor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, creed, color, or national origin in furnishing or refusing to furnish to such person or persons the use of facility, including any and all services, privileges, accommodations, and activities prodded thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Contractor solely to tenants, their employees, customers, and invitees. c. It is agreed that the Contractor's noncompliance with these provisions shall constitute a material breach of this contract and Lease No. DOT- FA71SW -1033. In the event of such noncompliance, the Government may take appropriate action to enforce compliance or terminate this contract or Lease No. DOT- FA71mi -1033 or may pursue other remedies as may be provided by law. 8. CONTRACTOR'S LIABILITY: The Contractor agrees to hold the Government harmless from all suits and claims of any kind that may arise from or be incident to the Contractor's performance of this contract. FURTHERMORE, in the event that the Contractor's personnel or agents damage or destroy any of the Government's property through fault or neglect, the Contractor shall repair or replace such property promptly to the Government's satisfaction at the Contractor's expense. Contract No. DOT- FA74SW -1182 ATCT, Corpi9a ;Christi, Texas SCHEDULE III SPECIAL CONTRACT PROVISIONS AND JANITORIAL SPECIFICATIONS 1. CONTRACTOR ACCESS: The Government hereby grants to the Contractor a revocable permit to enter the service locations for any purpose under the contract for the installation, operation and maintenance of the facilities of the Contractor. Authorized representatives of the Contractor will be allowed access to the facilities of the Contractor at suitable times to perform the obligations of the Contractor with respect to such facilities. It is expressly understood, however, that proper Government authority may limit or restrict the right of access herein granted in any manner considered by such authority to be necessary for the national security. 2. STANDARD OF SERVICE: If the services as specified herein and provided by the Contractor fall below acceptable standards at the Government's facility, in the opinion of the Contracting Officer, the Government reserves the right to terminate the contract by giving ten (10)days' written notice thereof to said Contractor. 3. CONTRACTOR RESPONSIBILITY: The Contractor shall dispose of all paper or trash collected and removed from the leased premises in accordance with applicable laws and regulations governing the disposal of such waste matter. 4. APPLICABLE CODES AND ORDINANCES: The Contractor, as part of the custodial consideration, agrees to comply with all codes and ordinances applicable to owner- ship and operation of the building in which custodial services under this contract are to be performed, at the Contractor's expense. 5. SUPERINTENDENCE BY CONTRACTOR: The Contractor shall have a competent super- intendent or foreman supervising all work performed under this contract at all times, with authority to act for him. 6. WORKMANSHIP: All work performed under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer shall have the right to request the Contractor to commit in writing the reason all work performed under this contract is not done in a workmanlike manner in accordance with performance specifications specified hereinafter. • Contract No. DOT- FA74STI -1182 ATCT, Corpus Christi, Texas 7. CHANGE OF RATES: • a. At the request of either party to this contract, said party having reasonable cause therefor, the rate set forth' herein shall be renegotiated, and any adjustment so negotiated by mutual agreement shall become effective as of the date of such Supplemental Agreement. Provided, however, that any rate so negotiated shall not be in excess of a rate charged to any customer of the Contractor having similar conditions of service. b. The Contractor shall, in the event of any change or modification of the Contractor's rate schedule specified hereinabove, furnish the Government copies of the new rate schedule published at the earliest possible date. The Contractor further agrees that whenever a rate charged the general public under a schedule to which the Government is entitled is reduced below the Contractor's published rate schedule, said rate charged the Government shall be reduced to the rate charged the general public for such services. 8. PAYMENT FOR SERVICES AND FACILITIES: Payment for services, facilities, and supplies therefor rendered under this Contract shall be Six Thousand Four Hundred Eighty -one and 50 /100th's dollars ($6,481.50) per annum. Said payment to be made each Government quarter in the arrears in the amount of One Thousand Six Hundred Twenty and 38 /100th's dollars ($1,620.38) upon submission of an invoice to the addressee shown in Block 12, Page 1 hereof. 9. CONFLICTS: To the extent of any inconsistency between the provisions of this contract and any schedule, attachment, rider or exhibit incorporated in the contract by reference or otherwise, or any of the Contractor's rules and regulations, the provisions and conditions of this contract shall control. 10. EXTRAS: Except as otherwise provided in the contract, no payment for extras shall be made unless such extras and the price thereof have been authorized in writing by the Contracting Officer. 11. UTILITY, HEATING, COOLING SYSTEM, AND REST ROOM FACILITIES: The Lessor shall furnish as part of the contract consideration the services, utilities, supplies, including rest rooms stated hereinafter through the Lessor's owned and maintained facilities: a. Water: The Lessor shall furnish all equipment for a system to supply adequate potable chilled water dispensed through the Lessor's owned and maintained electrically operated drinking fountain, established within the demised premises leased by the Government. Potable hot and cold water shall be furnished for use by the Government in the Lessor's owned and maintained male and female toilet facilities located within said premises. 7 Contract No. DOT- FA74SW -1182 ATCT, Corpus Christi, Texas b. Sewage: The Lessor shall furnish all equipment for a system adequate to provide waste disposal for the Lessor's owned and maintained toilet facilities furnished the Government within the leased premises. c. Air Conditioning: The Lessor shall furnish all equipment and air condition- ing facilities and the maintenance thereof, which shall provide adequate air con- ditioning suitable for the climatic conditions prevailing at the Corpus Christi International Airport, and maintain a mean interior temperature range of 72 to 76 degrees. d. Heating: The Lessor shall furnish an adequate heating system of a capacity to maintain a heating range level within the leased premises of 72 to 76 degrees at all times, through the Lessor's owned and maintained heating facility. e. Electricitv: Current for lights, air conditioning, communications, and office machines. Replacement of fluorescent tubes, ballasts, and starters as required. It will be the Lessor's responsibility to dispose of used or replaced fluorescent tubes in a safe manner. 12, CUSTODIAL AND JANITORIAL SERVICE SPECIFICATIONS I. Seven -day -a -week service areas (1) Air Traffic Control Tower A. Daily (1) Vacuum ATCT cab and other area carpets. (2) Sweep ATCT elevator and stairway. (3) Empty all ATCT waste baskets, ash trays, and trash cans. (4) Sweep and mop all ATCT tile floors. (5) Dust ATCT office furniture and office machines, including all window and door ledges. (6) Wet mop, disinfect and clean ATCT restrooms. (7) Wash, and disinfect all drinking fountains. B. Weekly: (1) Vacuum and spot clean all ATCT cab and other carpets. • • 8 Contract No. DOT- FA74SW -1182 ATCT, Corpus Christi, Texas (2) Sweep and wet mop all connecting hallways and ATCT elevator entrance area. (3) Sweep, dust, and wet mop ATCT training and recorder rooms. (4) Damp mop, spot wax and machine buff all ATCT tile floor areas. (5) Wash and dry exterior and interior cab windows as required. C. Monthly: (1) Wash and wipe dry all interior and exterior tower cab windows. (2) Inspect all ATCT light fixtures, fluorescent tubes and starters. Replace when required. D. Quarterly: (1) Damp wipe, or clean all ATCT overhead light fixtures and window blinds. (2) Damp wipe, or dust all tower structure stairway walls to remove accumulated dust from cab to first floor. (3) Strip and remove all old wax from all ATCT tile floors, rewax with non -shed wax and thoroughly machine buff to a good machine finish. 13•. UNAPPROPRIATED FUNDS: This contract does not obligate nor purport to obligate funds not yet appropriated by the Congress of the United States. No legal responsibility on the part of the Government for payment of any money shall arise unless and until such appropriations shall be provided. 14. CONTRACT TERM: The term of this contract shall co=ence January 1, 1974 and continue in force from year to year: EXCEPT: either party hereunto may cancel said contract upon giving the other party thirty (30) days' written notice of the desire for cancellation. Contract No. DOT- FA74SW -1182 ATCT, Corpus Christi, Texas CORPORATE CERTIFICATE certify that I am the Secretary of the corporation named in the attached agreement, that , who signed said agreement on behalf of the corporation was then of said corporation; that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. CORPORATE SEAL Signed FEDERAL AVIATION AGENCY • CANCELLATION AGREEMENT Site No. Airway It is hereby agreed that the - -_- -Contract _ , dated (L—' sue, aa--4 – ....... September 17, 1963--------------- - - - - -- bearing contract symbol No. __ FA,5 ?- x,692.-- __- _- __– ____ –_ –_ entered into between ____ City - of _Corpus ChristiA Texas _ and the United States of America for: janitorial, utility, and related services at Corpus Christi International Airport. shall terminate, effective as of ___Jumar1 '_.1,.__7.97.4___-------------- CITY OF CORPUS CHRISTI BY: y TITLE: ------ ---- ------- ---- ---- --- --- -- - --- A FAJ7W & By-- ... – R. E. NNEDY Chief, Real Estate and tilities Branch F—M FAA•167 (8-50) • • said Charter rule be suspended and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ay of January, 1974. ATTEST: 1 City Secretar APPR VED: Y` DA OF J , 1 Ci Attorn y MAYOR vz THE CITY OF CORPUS CHRISTI, TEAS • Corpus Christi, Texas i eg day of , 1911� 61 V 7 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 suspen- sion 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 ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the foll6wing vote: Jason Luby Janes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark