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HomeMy WebLinkAbout16845 ORD - 02/03/1982sp;2/1/82;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT . BETWEEN THE CITY AND MUNROE AND BASS, INC., FOR ENGI- NEERING SERVICES RELATED TO EXPANSION OF THE COMMER- CIAL RAMP (APRON) AND IMPROVEMENT TO THE SAFETY ZONES BETWEEN THE RUNWAYS AND TAXIWAYS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS MORE FULLY SET FORTH IN THE ' AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $46,600 OUT OF THE NO. 245 AIRPORT BOND FUND APPLICABLE TO PROJECT NO. 245-77-9, COMMERCIAL RAMP EXPANSION AND SAFETY ZONE IMPROVEMENT, SUBJECT TO APPROVAL FROM THE FEDERAL AVIATION ADMINISTRATION (FAA PROJECT NO. 6-48-0051-2); AND DECLARING AN EMERGENCY. 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 to execute an agreement between the City and Munroe and Bass, Inc., for engineering services related to expansion of the commercial ramp (apron) and improvement to the safety zones between the runways and taxiways at the Corpus Christi International Airport as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $46,600 out of the No. 245 Airport Bond Fund applicable to Project No. 245-77-9, Commercial Ramp Expansion and Safety Zone Improvement, subject to approval from the Federal Aviation Administration (FAA Project No. 6-48-0051-12). SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the aforesaid agreement so that engineering services on the airport ramp expansion and safety zone improvements can begin at the ear- liest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this • j685 SEP 2 8 1984 MICROFILMED ordinance is passed and shall take effect upon first reading as an emergency measure this the341/ day of February, 1982. ATTEST: AP ROVD: NIA DAY OF FEBRUARY, 1982 ruce Aycock, Cij Attorney THE CITY OF CORPUS CHRISTI, TEXAS CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City", and Munroe & Bass, Inc., hereinafter called "Engineer", whether one or more, agree as follows: 1. Services to be Performed. The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop design plans and specifications on the following improvement projects to the Corpus Christi International Airport. A. Commercial Ramp Expansion The commercial ramp will be expanded to the west approximately 300 feet to accommodate two parking positions for a 727 aircraft or equivalent. The construction budget is $500,000. B. Fill and Grade Safety Areas It is proposed to remove or alter headwalls, install an appropriate drainage system and fill and grade safety areas between Runway 13 - 31 and Runway 17 - 35 in order to improve safety in the southern area between the taxiways and runways. The construction budget is $190,000. The City has received Federal Assistance for the above projects through the Federal Aviation Administration under Project 6-48-0051-12. Compliance with the following Federal Regulations will be required. 1. Airport and Airway Development Act of 1970 as amended and the regulations of the FAA (14CFR, Part 152). ' 2. Title VI of the Civil Rights Act of 1964, (P.L. 88-352). 3. Rehabilitation Act of 1973 (29 U.S.C. 794), Section 504 which assures non-discrimination toward the handicapped. 4. Affirmative Action Act as required by 14 pER Part 152, Subpart E. 5. Minority Business Enterprise (MBE) policy as defined in 40 CFR Part 23 which allows MBE firms the maximum opportunity to compete for contract and sub- contracts relating to this project. 6. Equal,Opporlunity Clause as defined 1n41 CFR Part 60-1.4 7. ExecutiveOrder 11246 dated September 24, 1965. 2. Scope of Services. Engineer's services for Items A & B under Paragraph 1 will be those basic services which are in accordance.'with the Manual of Practice, General Engineering Services, as published in 1972 by the Texas Society of Professional Engineers, and Consulting Engineers Council of Texas and will in- clude the following: A. In the Preliminary Phase 1. Conferences with the proper City representative regarding the proposed project. 2. A preliminary engineering study and report directly related to and part of the work being considered. The report to be repaired using FAA Design Criteria and based on most current FAA procedures. 3. Preliminary location, sizes and types of materials. 4. Preliminary cost estimates of proposed construction. 5. City to furnish engineer with preliminary information, with copies of plans of such existing facilities as are necessary and available, and with other information pertinent to the planning and design. 6. Consultant to provide all survey work required for preliminary and design phase. 7. Utilize support material developed during preliminary design or available fromCity and prepare all documents including making application as needed for funds on the project as normally required by the Federal Aviation Administration. Be responsible for the coordination of the project phases with the Federal Aviation Administration. 8. Furnish the City ten (10) copies of the preliminary report, drawings, and cost estimate. B. In the Design Phase (for work as authorized by City): 1. Furnishing engineering data necessary for the City to prepare permits required by local, state and federal authorities and advise the City regarding coordination of project with Federal agencies. 2. Preparation of detailed contract plans and specifications for construction, with five (5) sets of plans and twenty-five (25) sets of specifications and con- tract documents furnished to the City. (Additional copies will be furnished as required atactual cost of reproduction.) 3. Preparation of estimates of quantities and costs. Engineering Services - Munroe & Bass, Inc. Page 2 of 6 _ .4. Assistence to City in securing bids. 5. Analysis of bids and recommendations concerning awards. 6. In the event the lowest bid exceeds the project budget cost, confer with City and make revisions as is necessary and satisfactory to City for the readvertising of the project for bids. 7. Prepare contract documents after award by the City. C. In the Construction Phase: 1. Checking of shop and working drawings when required and furnished by contractor. 2. Review of laboratory test reports and data. 3. Consultation with the City and advice during construction. 4. General observation of the work and interpretation of the plans and specifications by periodic visits (as distinguished from the continuous services of a resident project representative) to the site by a qualified inspector. In performing these services the Engineer will endeavor to protect the City against defects and deficiencies in the work of the contractor, but he cannot guarantee the performance of the contractor, nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 5. Preparation of change orders and monthly and final estimates for payments: to the contractors, based on contractor's submittal. 6. Final inspection. 7. Revision of the construction drawings to show the project as actually constructed and the furnishing of "As -Built" reproducible drawings. D. Special Services This contract does not include Special Services. Should Special Services be required not normally included as part of the Basic Services, the City will provide or negotiate with Engineer for those services. The surveying for pre- liminary work is part of basic services. E. Order of Services Engineer agrees to begin work immediately after written authorization from the City and to complete the preliminary phase 45 calendar days after authorization; the design phase will be completed within 60 calendar days of written notice to proceed with this phase by the City. Engineering Services - Munroe & Bass, Inc. Page 3 of 6 3. Fee A. Fees for Basic Services The basic fee for performing the basic engineering services will be as follows: The City will pay the Engineer a fixed fee of $46,600 providing for all services in this contract. This fee will be full and total compensation for all services outlined in this contract including additional work which may be added during construction by change order to existing contracted work provided that work specified by change order is in keeping within the original scope of work and as is normal and incidental to the type of construction proposed. B. Payment for Fees for Basic Services The fees for basic services to be due and payable as follows (said services above listed): 1. In the Preliminary Phase: For services rendered under the preliminary phase as described above for. work authorized by the City 207. of the fixed fee. Approval of the preliminary engineering plans will be required before payment. 2. In the Design Phase (for work as authorized by the City): For services rendered under the design phase, as described above, an amount equal to 65% of the fixed fee for work authorized by the City shall be due and payable. 3. Construction Phase: For services rendered under the construction phase, as described above, an amount equal to 15% of the fixed fee for those portions of the work covered by construction contracts shall be due and payable based on monthly estimates of work performed by the contractor. 4. -Termination of Contract: The City may at any time, with or without cause, terminate this contract upon seven days written notice to the other at the address of record. In this event, the engineer shall be compensated for his services on all stages authorized, as follows: A. If termination occurs prior to the final completion and approval of the drawings and specifications, the engineer shall be paid a reasonable compensation for the servicesactually rendered by him in accordance Engineering Services - Munroe & Bass, Inc. Page 4 of 6 with the above described schedule of fees and in proportion to the amount of work done on such stages or phases as have been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the engineer shall be 60% of the fixed fee, plus the fee paid for the preliminary phase. C. If termination occurs after the letting of the contract, but prior to final completion or acceptance bytheCity, the fees of the engineer shall be computed in accordance with the provisions of Paragraphs 3 and 4 of this contract to the date of termination. D. The foregoing shall not be construed to require the City to com- pensate the engineer for any services not performed in a proper professional manner suitable for use in the construction of the project contemplated by the parties to this agreement. 5. Renegotiation In the event that the scope of Engineer's services as outlined herein of the improvement projects be determined by the Engineer's preliminary phase work to be substantially different from the description of services of construction budget contained herein, the fees set forth in this contract shall be renegotiable only insofar as this contract pertains to the project or projects so determined to be substantially different. Fees for projects determined to be substantially in accordance with descriptions and budgets contained herein, shall not be renegotiable. 6. Engineer's Liability Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of this responsibility and liability of the Engineer, its employees, associates, agents and consultants, for the accuracy and competence of their Designs, Working drawings, and Specifications or other Documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in Designs, Working drawing and Specifications or other Documents prepared by Engineer, its employees, subcontractor, agents and consultants. 7. Ownership of Documents Upon completion of the project (or upon termination of this contract if previously terminated) the engineer shall furnish to the City, in a suitable container for filing, "Record drawings", reproduced on linen or mylar drafting film from the original drawings, together with a correct and legible set of specifications. Engineering Services - Munroe & Bass, Inc. Page 5 of 6 8. Assignability The engineer shall not assign, transfer or delegate any of his obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the engineer's staff. If the engineer is a partnership, in the event of the termination of the partnership, this contract shall insure to the individual benefit of such partner of partners as the City may designate. No part of the engineer's fee may be assigned in advance of receipt by the engineer without written consent of the city. 9. Technical Assistance and Consultations The City shall not pay the fees of expert or technical assistance and con- sultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10. Arbitration A. Except as may be otherwise provided in this agreement, or as the parties hereto may otherwise agree, all claims, counter -claims, disputes and other matters in question between the City and the Engineer arising out of or relating to this agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Abritration Association then obtaining, subject to the limitations stated in paragraphs "C" and "D" below. This agreement and any other agreement or consent to arbitrate entered into in accordance therewith as provided below; will be specifically enforceable under the prevailing law of any court having jurisdiction. B. Notice of demand for arbitration must be filed in writing with the other party to this Agreement, with the Federal Aviation Administration and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after the time when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. C. All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning any claim, counter -claims, dispute or other matter in question where the amount in controversy thereof is more than Engineering Services - Munroe & Bass, Inc. Page 6 of 7 $200,000 (exclusive of interest and costs) Or to render a monetary award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs). D. No arbitration arising out of, or relating to, this agreement may include, by consolidation, joinder or in any other manner, any additional party not a party to this agreement. E. By written consent signed by all the parties to this agreement and con- taining a specific reference hereto, the limitations and restrictions contained in •paragraphs "C" and "D" above may be waived in whole or in part as to any claim, counter -claim, dispute or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described claim, counter- claim, dispute or other matter in question will constitute consent to arbitrate any other claim, counter -claim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described herein. F. The award rendered by the arbitrators will be final, not subject to appeal, and judgment may be entered upon it in any court having jurisdiction thereof. 11. ACCESS TO RECORDS The Federal Aviation Administration, the Comptroller General of the United States, or any of the duly authorized representatives shall have access to any books, documents, papers, and records of Munroe & Bass, Inc. which are directly pertinent to the herein referenced grant program, for the purpose of making audits, examinations, excerpts, and transcriptions. Munroe & Bass, Inc. agree to maintain all required records for three years after the City makes final payment and all other pending matters are closed. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 1982. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary Ernest M. Briones, Acting City Manager APPROVED: day of , 1982 J. BRUCE AYCOCK, CITY ATTORNEY MUNROE & BASS, INC. By By Assistant City Attorney APPROVED: James,K. Lontos, P.E., Assistant City Manager Engineering Services - Munroe & Bass, Inc. Page 7 of 7 CITY OF OORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 25, 1982 1/6,4e1) I certify to the City Council that $4p,afe , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund NO. and Name No. 245 Airport Bond Fund Project No. 245-77-9 Project Neme Commercial Ramp Expansion & Safety Zone Improvement from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 Corpus Christi, exas day o , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: - 16845