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HomeMy WebLinkAbout03112 ORD - 08/14/1951g,/ /°Z AN ORDINANCE ' AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON RGHAT OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN ENGINEERING CONTRACT WITH ENGINEERS ASSOCIATED, CONSULTING ENGINEERS, OF CORPUS CHRISTI, FOR ENGINEERING SERVICES IN ALTERING, IMPROVING, REMODELING AND ENLARGING THE PRESENT MUNICIPAL AIRPORT, GENERALLY KNOWN AS CLIFF MAUS MUNICIPAL AIRPORT, IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR CONSIDERATION AS SET FORTH IN SAID ENGINEERING CONTRACT TO BE PAID OUT OF THE PRO- CEEDS OF THE SALE OF BONDS HERETOFORE AUTHORIZED TO HE ISSUED FOR THE CONSTRUCTION OF SUCH PROJECT; A COPY OF WHICH CONTRACT IS A PART OF TffiS ORDINANCE; AND DECLARING AN EMERGENCY. HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASi ` SECTION 1. That the City Manager is hereby authorized and directed for and on behalf of the City of Corpus Christi to execute an engineering contract with ENGINEERS ASSOCIATED, Consulting Engineers, of Corpus Christi, Texas, for engineering services in altering, improving, remodeling and enlarging the present municipal airport, generally ]mown as Cliff Maus Municipal Airport, in the city of Corpus Christi, Texas, for consideration as set forth in said engineering contract to be paid out of the proceeds of the sale of bonds heretofore authorized to be issued for the construction of such project; a copy of which contract is attached hereto and made a part hereof: CORTRACT FOR PROFESSIONAL MINEERING SERVICES STATE OF TEXAS p COUM CF NCECES I Thin AGREEMENT made the day of A. D., 1951, by and between the CITY OF CORPUS CHRISTI, a municipal corporation, acting heroin by and through its City Manager, duly authorized to act, hereinafter called `athe City", and DMINEERS ASSOCIATED, Consulting Engineers, a partnership, composed of T. M. Gannaway, Jr., J. M. Goldston, and J. E. Childers, with its office in Corpus Christi, Meese County, Texas, hereinafter called "the Engineer', That, WEREAc, the City intends to altar, improve, remodel, and enlarge its present municipal airport, generally known as Cliff Maus 2,bnicipal Air- port, in the City of Corpus Christi, Texas, NG1, THEREFORE, the City and the Engineer for the considerations hereinafter named, do mutually agree as follows: I. Jmolnvment of Enainerr. The City hereby employe the Engineer and the Engineer agrees to perform all Professional Engineering services hereinafter set forth, in the construction of certain improvements and /or additions to the airport of the City. Such improvements are hereinafter called and re- ferred to as the °PROTECT°, and the obligations of this contract shall extend to and include the Project as above defined. By mutual agrsement between the parties hereto, this contract may be extended to include such other pro- fessional engineering services as the City may wish the Engineer to perform. It is understood to include the furnishing by the Engineer of the following anginsering(and architectural services: Runway, End Pavement Runway, Center Pavement Installation of High Intensity Runway Light Apron and Connecting Taxiway Te=innl Parking Area Taxiways Reinforcement of Existing Runways - Access Roads to Terminal Terminal and Tower Building The scope of work is to be confined within the limits of Stage 2 of the Dater Airport Plan as adopted by the City Council and such other work as may be assigned under the other provisions of this contract. In connection with the furnishing of said services, it in agreed that the earvicss of an architect qualified an airport terminal and tow" tuildinss, whwa selection sha11 be subject to the approval of the City of Corpus Christi, M . shall be obtained by the Eaffinaer in connection with the terminal and tower building above uantioned, the cost of which services shall be paid tp the Engineer out of the fee herein provided to to paid to the Engineer and at theadditional expeaso to the Citri of � of the construction cost of said tuildings. II. Character and Extent of Services. The Engineer shall render the follow- ing professional services necessary to the development of the Projects A. Preparation of a preliminary engineering study and report on the Project, in sufficient detail to indicate clearly the problems involved, the alternate solutions available to the City and the Engineer's rccorssends- tions for a solution, and shall include a preliminary caticmts of the cost of the Project. D. Preparation of detailed construction pleas, specifications and cost estimates, including field surveys and supervision of nocessary borings and foundation investigations, all for the nacessary construction on the Pro.. jest, as authorized by the City. C. Assistance to the City in the advertisement of the Project and re- ceipt of bide for necessary construction, together with consultation relative to the award of construction contracts. i� D. General supervision and administration of construction, including periodic vimito of the Engineer or his representative faun the office of the Engineer (as distinguished from continuous resident field supervision and /or inspection); field aarvays for construction, preparation of monthly and final estimates for constractors' payments and, upon completion of construction, revision of drawings to show the Project as actually constructed. E. Services of resident engineer and /or inspectors as required for con- tinuous detailed field supervision and /or inspection of the Project during construction. The services included in this contract do not cover property, boundnry or risht.of -way surveys; mill or laboratory inspection of nateriala; the cwt -2- ' of test borings or other subsurface or foundation investigations, or the coot of calculating special assessments. These excluded services, when necessary, shall be furnished ty the City, but at the Citysa choice may be provided by the Engineer at actual cost. M. Cooperation with the City. In the 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 and that the Project, ae perfected, shall have full benefit of the Councils exper- ienea and ]mowledge of existing needs and facilities, and be consistent with current municipal policy. To implement this coordination, the City shall make available to the Engineer, for use in planning the vork, all existing plans, naps, field notes, statistics, computations and other data in its possession relative to the existing utilities and to the Project. 19. Design Roonirementa. Detailed designs shall in all respects, reflect the application of sound engineering principlos, shall conform to all per- tinent design standards of the City, and shall reflect the highest degree of econpay consistent with these requirements. Estinaton and proposals pre- pared for use with the plans shall include summaries of bid items and quan- tities based upon the unit price system of bidding. Three copies of all complete plans, specifications and estimates shall be submitted to the City. Additional copies of plans and specifications, as necessary for the award and execution of contracts or for the use of the City, will be furnished by the Engineer at actual cost of printing. In the administration of the Pro - jeots the Engineer will endeavor to protect the City against defects and de- ficiencies in the work of contractors but he does not guarantee the performance of their contracts. 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. An de- signs shall most the requirements of the Civil Aeronautics Administration, ' ands as required, approval of such agency shall be obtained by the Engineer. -g- V. Period or Srrviee. The Engincsr shall complete the preliminary study and report as outlined in,eubparagraph II- L,above# within suety (60) calendar days 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 authorisation ty the City to the Engineer, the Engineer shall proeeel "with the necessary plans, speoifications'and contract documents to Implement the construction so authorised, and shall deliver completed plena, specifications and contract documents for the authorise: construction of the Project within - calendar days after receipt of such authorisation. This contract shall remain in force for the period which my reasonably be required for the design, award of contracts and construction of the Project, and, for the purpose of extension to include other engineering services re- quires by the City, shall remain in forts for a period of two years from the date of its execution. ' 9I. Lg. The City agrees to pay the Engineer in installments as hereinafter provided, a basic fee of five percent (5'f.) of the final construction cost of the Project, which fee shall be stall coarxnsation for all services outlined In eubparogrophs II-A through II -D above. dThe cost on which rho basic fee is based shall be taken to be tie Engineer's estimate of the cost of the Project 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 construction cost, plus the cost of any materials and services furnished by the City in the direct construction of the Project. In determining the final construe - Lion cost of tho project on which the basic foe is computed, there shall not be included the costs of lamd, rights -of -way, ad-Iniatzntive expense, legal expense or engineering fees. In addition to the basic fee, the City shall pay the Engineer the actual cost of such resident engineer and /or Inspectors as may be regnosted in writing by the City and as defined in�subporagraph II E &bevel which cost shall include the actual payroll cost, plus taxes and Insurance thereon, and local transportation an necessary for such engineer mWor 'inspectors. -4- ®IZ, Pavmeat, Payments by the City to the Engineer on account of the fee shall to made as folla ai A. For the preparation of preliminary studies, reports and estimates, as described in subparagraph 11- A'above, a sum equal to ten percent (lo%) of the basic fee, payable upon presentation to •and approval by the City3 B. For the preparation of detailed plans, specifications and contract documents for the Project, as described is attbparugraph II -B above, a sun � ,- 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 specifica- tions, in proportion to the amount of plan preparation accomplished, as evi- denced by estimates submitted to the City by the Engineer, and approved by the City. C. For the advertisement and award of contractn, and general super- vision and administration of construction contracts, as described in sub- J5- 6-1 paragraphs II- and II- D'above, paym nts shall be made monthly, on the remainder i of the basic fee, in proportion to the completed construction work, on the basis of eontractoral monthAy estimates, until the aggregate of all payments mado on accent of the basic fee arising from this agreement shall be a sum equal to the fee arising from this agreement, computed on the total construc- tion cost of the Project, as hereinbafore defined. ' D. Payment for the actual cost of resident field supervision and /arc inspection, as described in subparagraph Ii-O4 above, aball be made by the City to the Engineer monthly, upon presentation of monthly statements of expendi- tures incurred. Upon completion of the Project, these statements shall be subject to audit by the City. No reduction shall be made from the basic fee on account of ponalty, liquidated damages or other awns withhold from contractor payments. It is sntually agreed that payments on the Engineer's basic fee as above defined shall be made on each separate construction contract, independent of other construction contracts. E. The am due the Engineer for the engineering services performed on the Project, an such term in hereinabore defined, shall be payable out of Airport Improvenant Bond Funds on head and the proceeds of sale of $3oo,QOO of bonds recently authorized for issuance and sale by the City, plus such funds as say become available by grant from the Civil Aeronautics Administration, -5- for the altering, improving, remodeling, and enlarging Cliff Maus Phnicipal Airport, and the City represents that its City Council has appropriated or will appropriate funds sufficient to pay the sum due the Engineer under this agreement; and the City further represents that °° -the Director'af Flo— a has certified to the City Council that the money required to pay the some due the Engineer under this agreement on the Pro- ject as above defined is in the Treasury to the credit of the Fund from which it is to be drawn and not appropriated for ary other purpose. vIII. Revision of Plans and Specifications. Should the City require sub- stantial revision of plane and /or specifications, after the same have been duly approved and accepted by the City, then the City shall pay to the En- gineer just and equitable compensation therefor, which compensation shall be agreed upon by the City and the Engineor0a prior to the performance of aay of the work of substantial revision. U. Cwnerabiu of Documents. All documents including original drawings, estimates, specifications, field notes and data are to be delivered to the City and became the property of the City upon completion of the Project. It is mutually agreed, however, that in consideration for the ovnership of the above plans and documents, the City agrees to use them solely in connec- tion with the Project as heroin Mined, and not for the purpose of mtri 9 further extensions or enlargements to the City's airport facilities, save with the express consent of the Engineer. The Engineer may retain reproducible copies of all documents and plane. X. Arbitration of Disoatee. Should any dispute arise hereunder between the City and the Engineer as to any of the terms or provisions of this con- tract or the obligations of the parties thereunder, the City and the Engineer shall submit such dispute to arbitration as followet A. The City and the Engineer shall each appoint an arbitrator and aball submit such dispute to ouch arbitrators. -6- B. Arbitrators drall bare full power to investigate such disputed bear Vitnasase, examine popers, drawings and documents, and take professional, expert opinion thereon and shall arbitrate and decide such dispute to carry i out the intentions of the parties and do justice between them. C. In the event arbitrators are unable to agree upon their didiaical, they shall mutually Was upon a third arbitrator. is event arbitrators'ara unable to agree upon the selocticn of the third arbitrator, or having selected such arbitrator, the three arbitrators are unable to reach an acres. meet, then the arbitration abail be considered to bava been erbausted. YI. Torminstion of Contract. The City may terminate this contract at any time by a notice in writing to the Engineer. Opou receipt of each notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this contract and shell proceed to cancol promptly all existing orders and contracts insofar as ouch orders or contracts we 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 pay the Engineer promptly that proportion of the proscribed fee which the work actually performed under this contract bears to the total work called for under this contract, less such poynents on account of the foe as have been previously made. A11 completed or partially completed designs, plans and specifications prepared under this contract shall be delivered to the City and becare the property of the City when and if this contract Is terminated, but subject to the restrictions an 'to their use as not forth in paragraph VIII above. %II. Successors and Assignments. The City and the Engineer sac-, binds it- self and its partners, succeesore, executors, administrates and assigns -7- to the other party Of this agreement and to the partnera, auaoeasors,' ozwutora, administrators and assigns of such other party, in respect to all covenants of this agreement; E7.CM an above, neither the City nor the Engineer shall assign, sublet or transfer its interest in this agreement without the written consent of the other. Ai TESPL•ANY OF WHICN this instrument has boon wxacutod on behalf of the above named Engineers b.v one of them aigaing for them all, and has been executed on bebalf of the City by its City Manger and attested by its City Secretary under its City Seal in duplicate originals, both of equal force, on the day and year first above written. City Secretary APPECM AS To LMAL POP14: City Attorney THE CrYY CP COITUS CFnMTI, TEFAS By City Hanagor AND FM3 !MS ASSOCIATED, a partnership By T. M. Gannaway, Jr. SECTION 2. That the necessity for altering, improvidg, remodeling and enlarging the present municipal airport, generally known as Cliff Maus Municipal Airport, creates a public emergency and imperative public necessity requiring the 'suspension 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 several meetings of the City Council, and the Mayor having declared that such public emergency and ' imperative public necessity exist, and having requested that such Charter rule be suspended and that this ordinance be passed finally on the date it is introduced, and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, This the/5�� day of August, A.D. 1951. ALJ 4 A MAYOR The City of Corpus Christi, Texas ATTEST: C Secre ary APPROVED AS TO LEGAL FORM: !.GSA f,Jlty Attorney - orpus Christi, Texas _ /iW TO THE 1dE MRS OF THE CITY COUNCIL ' Corpus Christi, Texas , Gentlemen= For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative 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 introduced, and that such ordinance or resolution shall be read at -three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 0 46'0'Ra-w- City. of Corpus Christi, Tema The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest Barney Gott Sydney E. Herndon George L. Lowman - The above ordinance was passed by the following vote: Leslie Tiasserman Jack DeForrest-"'�`' Barney Cott Sydney E. Herndon GCGa,tu�I George L. Lowmsa August -14, 1951 * I 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. 295, Improvement Dond 1948 Construction Fund Airport -Improvements Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance