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HomeMy WebLinkAbout17581 ORD - 04/27/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH W. P. WILLS, CONSULTING ENGINEER, FOR DESIGN OF RUNWAY AND TAXIWAY IMPROVEMENTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $101,436 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with W. P. Wills, Consulting Engineer, for design of runway and taxiway improvements at the Corpus Christi International Airport, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A" SECTION 2. That there is hereby appropriated $101,436 from the No. 245 Airport Bond Fund which includes preliminary laboratory testing, the preliminary planning phase and design phase applicable to Project No. 245-77-12, Engineering Services for Taxiways Fillets & Runway 13-31. 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 to take immediate action to preserve and protect public property by expediting the construction of public improvements, 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 ordinance is passed and shall take effect upon first reading as an emergency measure this the , -'3ay of April, 1983. ATTEST: i Secretary APPRO E DAY OF APRIL, 1983: J�Bruce Aycock, jfity Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 175s1,_ MICROFILMED SEP '4 81984 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City", and W. P. Wilts, Consulting Engineer, hereinafter called "Engineer", agree as follows: I. SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop studies, designs, and plans and specifications on the following improvement projects to the Corpus Christi International Airport. A. Taxiway Improvements Enlargesix taxiway `fillets on the airfield (three on the 13-31 runway system and three on'the"17-35 runway system) including necessary light relocation; extend Taxiway A approximately 700 feet by 75 feet at the extreme north end of the taxiway, to connect to existing lease hangar construction; and construct connecting -'taxiway to east apron for a distance of approximately 280 • feet by -75 -feet. .The City has budgeted $650,000 for this work as the direct construction -cost, exclusive of Engineer fees, contingencies, testing, inspection services and related expenses. B. Runway 13-31 Improvements Analyze cause of distressed or yielding asphalt surface on Runway 13-31; evaluate alternate methods of repair on the runway through non-destructive testing or other means; design corrective method for repair; overlay runway with hot -mix asphaltic concrete; groove and restripe runway. Design to include runway use of the Boeing 727-200 aircraft as well as other aircraft using airport facilities. The City has budgeted $1,300,000 for this work as the direct construction cost, exclusive of Engineer fees, contingencies, testing, inspection services and related expenses. The City has received Federal assistance for the Taxiway Improvements through the Federal Aviation Administration under Project 3-48-0051-01 and has submitted an application for grant funds to the Federal Aviation Administration for the Runway 13-31 Improvements. Compliance with the following Federal Regulations will be required. Engineering Services Contract W. P. Wills, Consulting Engineer Page 1 of 9 Ext.."l3' 1. Airport and Airway Development Act of 1970 as amended and the regulations of the Federal Aviation Administration (14 CFR, 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 towards the handicapped. 4. Affirmative Action Act as required by 14 CFR, 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 subcontracts relating to this project. 6. Equal Opportunity Clause as defined in 41 CFR, Part 60-1.4. 7. Executive Order 11246 dated September 24, 1965. II. SCOPE OF SERVICES Engineer's services foi ,Paragraphs A and B under Section I 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 include the following: - t In the Preliminary Phase 1: ,_Conferences with the proper City representative regarding the proposed project. Consult with Federal Aviation Administration and other agencies as required. 2. A preliminary engineering study and report directly related to and part of the work being considered. The report to be prepared using Federal Aviation Administration design criteria and based on most current Federal Aviation Administration procedures. Consider alternate methods of repair, to include estimates, of Runway 13-31. 3. Preliminary location,'sizes and types of material. 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 Phases. 7. Utilize support material developed during Preliminary Phase or available from City, and prepare all documents including making application as Engineering Services Contract W. P. Wills, Consulting Engineer Page 2 of 9 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 with six (6) copies of the preliminary report, drawings, and cost estimate. 9. Prepare answers to Federal Aviation Administration questions or concerns in preliminary design report. B. In the Design Phase (for Work as Authorized by City) 1. Furnish 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; furnish all necessary plans,. specifications and proposal documents to the City for advertising for bids. (City estimates a maximum of 25 sets of advertising documents will be required.) 3. Preparation -of estimates of quantities and costs. 4. Assist Gity in securing bids; prepare bid tabulation sheet. 5. Analyze bids and make recommendation concerning award. "--- 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. . C. In the Construction Phase 1. Check shop and working drawings when required and furnished by contractor. 2. Review and make recommendations based on laboratory test reports and data and hot -mix designs. 3. Consultation with the City and advice during construction. 4. General observations' 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. Periodic visits shall mean a minimum of one project visit weekly of a two hour duration during the Construction Phase. 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 Engineering Services Contract W. P. Wills, Consulting Engineer Page 3 of 9 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 contractor, based on contractor's submittal. 6. Represent the City in interpreting and rendering decisions on the requirements of the contract documents and claims or disputes between the contractor and the City, to include any disputes or claims made by the City against the contractor within one year of the final inspection; instruct the contractor on behalf of the City (including preparation of supplementary • drawings or instructions required to effectuate the intent of the contract documents). 7. Final inspection. 8. Revision of the construction drawings to show the project as actually constructed and the furnishing of "As -Built" reproducible drawings. D. Special Services - This contraet•includes the furnishing of Geotechnical Services by the Engineer in the form of Subsurface Investigations, Laboratory Testing and Report Analysis of such information. City agrees to pay Engineer a sum not to exceed -Seven Thousand Five Hundred Sixty Nine and no/I00 Dollars ($7,569.00) for such services as outlined'in Engineer's letter of April 14, 1983, to the City Engineer. ' Of this amount, Two Thousand Four Hundred Twenty Two and no/100 Dollars ($2,422.00) is attributable to Taxiway Improvements, and Five Thousand One Hundred Forty Seven Dollars ($5,147.00) is attributable to Runway Improvements as outlined under Section I of this contract. This sum is in addition to the Basic Fee as outlined in Section III, Paragraph A herein.' The City is to receive three (3) copies of all laboratory reports and other summary reports prepared under this item. Surveying for all design work under this contract is not considered a Special Service but is required and is fully compensated for and included in the Basic Fees outlined in Section III, Paragraph A herein., E. Order of Services Engineer agrees to begin work immediately after written authorization from the City and to complete the Preliminary Phase within•30 calendar days after authorization; the Design Phase will be completed within 45 calendar days of written notice by the City to proceed with this phase. Engineering Services Contract W. P. Wills, Consulting Engineer _Page 4 of 9 III. FEE A. Fees for Basic Services The fee for performing the Basic'Engineering Services will be as follows: The City will pay the Engineer a fixed fee of One Hundred Ten Thousand Four Hundred Thirty One and no/100 Dollars ($110,431.00) providing for all services (except Special Services) in this contract. Of this fee, Thirty Six Thousand Eight Hundred Seven and no/100 Dollars ($36,807.00) is attributed to the Taxiway Improvements outlined herein, and Seventy Three Thousand Six Hundred Twenty Three and no/100 Dollars ($73,623.00) is attributed to Runway 13-31 Improvements as outlined. 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 with the original scope Of work and is normal and incidental to the type of construction proposed. Fees for Special Services are outlined in Section II, Paragraph D -of this contract. B. Payment for Fees for Basic Services The fees for Basic Services to be due and payable as follows (said services above Misted), with billing for such fees to be separately identified by Federal Aviation Administration grant project number: 1. In the Preliminary Phase For services rendered under the Preliminary Phase as described above for workauthorized by the City, 40% of the fixed fee shall be due and payable. Approval of 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 45% 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. Engineering Services Contract W. P. Wills, Consulting Engineer Page 5 of 9 IV. 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 services actually rendered by him in accordance with the above described schedule of fees and in proportion to the amount of work done on such stages or phases as has been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 70% of the fixed fee. C. If termination occurs'after the letting of the contract but prior to final completion.or acceptance by the City, the fees of the Engineer shall be computed in accordance -with the provisions of Sections III and IV of this contract to the date of `termination. D. The foregoing shall not be construed to require the City to compensate 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. V. RENEGOTIATION In the event that the scope of the Engineer's" services as outlined herein for the improvement projects is 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. VI. ENGINEER'S LIABILITY Acceptance and approval of the final plans by the City'shall not constitute nor be deemed a release of the 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 Engineering Services Contract W. P. Wills, Consulting Engineer ---Page 6 of 9 such responsibility by the City for any defect in designs, working drawings, 'and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants. VII. 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. VIII. 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 inure to the individual benefit of such.partner or 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. IX: —TECHNICAL ASSISTANCE AND CONSULTATIONS The City shall not pay' the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. X. ARBITRATION A. Except as may be otherwise provided in this agreement, or as the parties hereto may otherwise agree, all claims, counter—claims, disputes or 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 current applicable Construction Industry Arbitration Rules of the American Arbitration Association, 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 Engineering Services Contract W. P. Wills, Consulting Engineer . Page 7 of 9 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 -claim, dispute or other matter in question where the amount in controversy thereof is more than $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 containing 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. XI. 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 W. P. Wills, Consulting Engineering Services Contract W. P. Wills, Consulting Engineer -Page 8 of 9 Engineer which are directly pertinent to the herein referenced grant program, for the purpose of making audits, examinations, excerpts, and transcriptions. W. P. Wills, Consulting Engineer agrees to maintain all required records for three years after the City makes final payment and all other pending matters are closed. XII. DISCLOSURE OF INTERESTS Engineer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this agreement, the Disclosure of Interests form attached hereto. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 19 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: day of - , 19 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney APPROVED: W. P. WILLS, CONSULTING ENGINEER By: James K. Lontos, P.E. Assistant City Manager Engineering Services Contract W. P. Wills, Consulting Engineer Page 9 of 9 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 22, 1983 I certify to the City Council that $ 101,436 , 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. 2457.7-12 Project Name Engineering Services - Taxiway Fillets & Runway 13-31 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Vti FIN 2-55 Revised 7/31/69 , 19 e•-•-5 Corpus Christi, Tex pS day of , 1983 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; I/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, Council Members Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed b the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky :481