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HomeMy WebLinkAbout17961 ORD - 12/07/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH W. P: WILLS, CONSULTING ENGINEER, FOR ENGINEERING SERVICES FOR THE CHAPARRAL APRON EXTENSION, TAXIWAY "P" AND NORTHWEST HANGAR SITE IMPROVEMENTS PROJECT AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $58,300; 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 authorized to execute an agreement with W. P. Wills, Consulting Engineer, for engineering services for the Chaparral Apron Extension, Taxiway "P" and Northwest Hangar Site Improvements project, a substantial copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $58,300 from the No. 245 Airport Bond Fund. 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 7th day of December, 1983. ATTEST: City Secre ary MAYOR THE C TY OF CORPUS CHRISTI, TEXAS APPROVED: ,DAY OF DECEMBER, 1983 49/� ' i3$1100 ruce Aycock, ity Attorney 1'"361 SEP 2 81984 MICROFILMED CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City", and W. P. Wills, 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 project at the Corpus Christi International Airport. Apron Extension, Taxiway "P" and Site Improvements Construct approximately 15,500 square yards of general aviation apron in the vicinity of the Chaparral hangar; extend Taxiway "P" northwest a distance of 1,500 feet and extend an access road and utilities to the proposed northwest hangar site development area. All improvements to be in accordance with the Airport.Master Plan and in accordance with FAA design criteria. The City has applied for Federal assistance through the—federal Aviation Administration under Project 3-48-0051-04 and has submitted an application for grant funds for the Apron Extension, Taxiway "P" and Site Improvements Project. Compliance with the following Federal Regulations will be required: 1. Airport and Airway Improvement Act of 1982 as amended and the regulations of the Federal Aviation Administration (14 CFR, Part 152). 2. Title VI of the Civil Rights Act as indicated in attached Exhibits A-1 and A-2. 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 49 CFR, Part 23, as indicated in attached Exhibit A-2. 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 for Paragraph A under Section I will be those Basic Services which are in accordance with the Manual of Practice, General Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer ,EXU 'A Engineering Services, as published in 1972 by the Texas Society of Professional Engineers and Consulting Engineers Council of Texas and will include the following: A. 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. 3. Preliminary location, sizes and types of material. 4. Preliminary cost estimate of proposed construction. 5. City to furnish Engineer with preliminary information with copies of plans of such existing facilities as are 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 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 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 City in securing bids; prepare bid tabulation sheet. 5. Analyze bids and make recommendation concerning award. Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer 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 advise 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. 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 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 payment 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. Conduct the Final inspection. 8. Revision of the construction drawings to show the project as actually constructed and the furnishing of "As -Built" reproducible drawings. D. Project Budget In the event this budget is exceeded as a result of bids being received, the Engineer shall redesign as provided for in Section II B 6 herein. The City has budgeted, with the use of FAA grant funds, the sum of 51,000,000.00 for this project, which includes Engineering fees, construction, testing, inspection services, contingencies and related items. Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer 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. III. FEE A. Fees for Basic Services The City will pay the Engineer a fixed fee of Fifty-three Thousand Five Hundred and no/100 Dollars ($53,500.00) providing for basic engineering services in this contract. In addition, the City will pay the Engineer a fee of $4,800.00 for surveying services necessary for project design through the Design Phase. Total fees for work outlined herein will not exceed Fifty-eight Thousand Three Hundred and no/100 Dollars ($58,300.00) as outlined herein. This fee will be full and total compensation for all services outlined 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. B. Payment for Fees for Basic Services The fees for Basic Services to be due and payable as follows (said services above listed) , with billing for such fees to be identified by Federal Aviation Administration grant project number: 1. In the Preliminary Phase For services rendered under the Preliminary Phase as described above for work authorized by the City, 40% of the fixed fee (excluding survey services) 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 (excluding survey services) for work authorized by the City shall be due and payable. Survey services may be billed at 100% of stated fee. 3. Construction Phase For services rendered under the Construction Phase, as described above, an amount equal to 15% of the fixed fee (excluding survey services) for those portions of the work covered by construction contracts shall Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer Pana 4 of R be due and payable based on monthly estimates of work performed by the contractor. 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 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 IVa_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 Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer 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 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 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. Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer 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 -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. Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer Page 7 of 8 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 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 - Apron Extension W. P. Wills, Consulting Engineer- o -Th City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over-the- counter markets may file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering the questions below. See reserve side for definitions. CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS ' FIRM NAME. STREET- FIRM is: 1. Corporation ( 4. Association ( CITY- 71P• 2. Partnership ( ) 3. Sole Owner ( 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nome Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nome Board, Commission, or Committee CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title- 1TVPe o. Pnr.) Signature of Certifying Person: Date. DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or parttime basis, but not as an independent contractor. ,_• c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division -Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, includ- ing when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 28, 1983 I certify to the City Council that $ 58.300 , 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. 245-82-7 Project Name Engineering Services for Chaparral Apron Extension, Taxiway "P" and Northwest Hangar Site Improvements from which it is proposed to be drawn, and such money is not appropriated for other purpose. /Z, - '7 , 190K 61' any FIN 2-55 Revised 7/31/69 Corpus Christi, Texas 101- day of 1985. 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 CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the 'contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, 'DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work per- formed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcon- tractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix 8 of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative • to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all infor- mation and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may deter- mine to be appropriate, including, but not limited to -- (a) withholding of payments to the contractor under the contract until the contractor complies, and/or EXHIBIT A-1 1 Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. 2. MBE Obligation. The contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum oppor- tunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agree- ment. In this regard, all contractors shall take all necessary and rea- sonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and per- form contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. EXHIBIT A-2 . US GOVE.NMENE P$IN11ND D,PCI fir• -Kl•NI/S06 Engineering Services Contract - Apron Extension W. P. Wills, Consulting Engineer 2