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