Loading...
HomeMy WebLinkAbout18096 ORD - 02/22/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COTTEN/ LANDRETH ARCHITECTS PROVIDING FOR STRUCTURAL, ARCHITECTURAL, MECHANICAL, ELECTRICAL AND RELATED SERVICES NECESSARY FOR THE DESIGN OF PLANS AND SPECIFICATIONS IN CONNECTION WITH THE CONSTRUCTION OF THE WEST CONCOURSE EXTENSION AND HOLDROOM AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $47,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute an agreement with Cotten/Landreth Architects providing for structural, architectural, mechanical, electrical and related services necessary for the design of plans and specifications in connection with the construction of the West Concourse Extension and Holdroom 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 $47,000 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 22nd day of February, 1984. ATTEST: ecreta4ry APPROVED49 OF FEBRUARY, 1984 J. ce Aycoc City qtorney 4%A -rim THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED ISEP 2 8 1,934 AGREEMENT ARCHITECTURAL SERVICES THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, hereinafter called "City", and Cotten/Landreth Architects, hereinafter called "Architect", whether one or more, agree as follows: I. SERVICES TO BE PERFORMED The Architect hereby agrees, at his own expense, to perform all structural, architectural, mechanical, electrical and related services necessary for the design of plans and specifications in connection with the construction of the West Concourse Extension and Holdroom at the Corpus Christi International Airport. II. FEDERAL ASSISTANCE 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 this 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 Assurances as shown on 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. III. SCOPE OF SERVICES The Architect agrees to perform, for the above named work, professional services'as hereinafter set forth: A. Schematic Design Phase 1. Prepare Schematic Design Studies illustrating the scope of Architectural Services Contract Cotten/Landreth Architects Page 1 of 9 fy 4 the project and its relationship to the existing West Concourse and Terminal Building, and submit to the City for approval. Architect shall consider an air-conditioned holdroom and a concourse design with and without air conditioning. 2. Submit a statement of estimated construction costs to the City together with recommendation of most desirable plans and three (3) sets of Schematic Design Studies to the Director of Engineering for review by the City. 3. Assist the City in making application to Federal or State agencies for assistance on the project if such assistance is available and desired by the City. B. Design Development Phase 1. Prepare, from the approved Schematic Design Studies, preliminary specifications, drawings, and documents to fix and describe the size and character of the entire project as to the architectural, structural, mechanical, and electrical systems, material and such other essentials as may be necessary. 2. Review the preliminary cost estimates and submit an estimate of probable cost based on current area volume or unit prices. 3. Submit three (3) sets of the Design Development Documents to the Director of Engineering for review by the City. C. Construction Documents Phase 1. Prepare, from the approved Design Development Documents, the complete working drawings and technical specifications setting forth in detail the requirements for the West Concourse Extension and Holdroom at the Corpus Christi International Airport, the conditions of the contract, the form of agreement between the City and contractor, and bid proposal forms. 2. Review the cost estimate and advise the City of any changes. 3. Submit to the Director of Engineering three (3) complete sets of the Construction Documents for review by the City. D. Bidding and Contract Phase 1. Upon approval of the Construction Documents by the City, prepare the Notice to Bidders as instructed by the City. 2. Provide thirty (30) sets of complete working drawings (at City's printing expense) and thirty (30) sets of specifications (at Architect's printing expense) covering the work, including proposal forms and Architectural Services Contract Cotten/Landreth Architects Page 2 of 9 special instructions to bidders, for general distribution to all prospective qualified bidders who may secure a copy thereof by complying with the terms set out in said special instructions for obtaining same. Additional sets of working drawings or specifications will be furnished to the City by the Architect upon request by the City, with the City reimbursing the Architect for the actual cost of reproduction. 3. Supply the City with twenty-five (25) copies of a Bid Tabulation sheet one day prior to the receipt of bids. 4. Review and check all bid proposals and prepare a tabulation of the bids. 5. Submit a written recommendation on the award of the contract to the City. In the event the lowest acceptable bid exceeds the estimated cost and the City elects to revise the plans for further advertising for bids, the Architect shall confer with the City and make such revisions as are satisfactory to the City for the readvertising of bids, without increase in the basic fee. 6. After the award of the contract by the City, the Architect shall prepare six (6) copies of the contract documents ready for execution by the City and the contractor. E. Construction Phase 1. Act as the City's representative during the construction period which begins with the issuance of the work order and extends until the final acceptance of the project. 2. Provide the general administration of construction including periodic visits to the site to be familiarized generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract. The Architect will endeavor to guard the City against defects and deficiencies in the work of contractors but does not guarantee the performance of their contracts. 3. Provide the general administration of the construction contract including the review of Contractor Monthly Estimates, Contract Time Statements, and Contract Change Orders, all on forms supplied by the City. 4. Have the authority to stop work whenever such stoppage may be necessary in his reasonable opinion to insure the proper execution of the contract and may condemn work as failing to conform to the contract. Architectural Services Contract Cotten/Landreth Architects Page 3 of 9 5. Make those inspections necessary to prepare the Contractor Monthly Estimates and to certify that to the best of his knowledge work has progressed to the point indicated, the quality of the work is in accordance with the construction contract, and that the contractor is entitled to payment. The Architect shall not be required to make exhaustive or continuous on-site inspections normally defined as resident inspection. F. As -Built Drawings and Maintenance Manuals 1. The Architect shall furnish to the City, upon completion of said project, or upon termination of this Agreement as herein provided, a suitable bound copy of the specifications and a reproducible set on mylar of the working drawings including any and all corrections, revisions, alterations, or amendments to the plans and specifications made during the Construction Phase so as to reflect the plans and specifications of the building as built. The Architect shall use 24" x 36" sheet sizes of 3 mil mylar for the "as -built" drawings which are to be submitted as described above. 2. The Architect shall require the contractor to furnish to the City, upon project completion, operating manuals or instructions, parts lists, or maintenance manuals for all mechanical, electrical, or any other equipment installed on the project. 3. The City will not make final payment to the Architect until the conditions of Section F are met. G. Orderly Rendering of Services The Architect shall furnish the document required in each phase of the design and personally render or provide the service required in this Agreement in such sequence and at such times as may be necessary to insure the prompt and continuous prosecution of the work of designing and constructing the project, and it is understood that all designs and details of designing are subject to the approval of the City, and until the acceptance of results of these services, there shall be no liability on the part of the City for such services. H. Cost Estimates The Architect is to provide cost estimates through each phase of the design of the project but does not guarantee the accuracy of such estimates; however, it is understood that the project must be constructed within funds available. The City has $550,000 in local and Federal funds Architectural Services Contract Cotten/Landreth Architects Page 4 of 9 available including fees, contingencies, and related expenses. Of this amount, it is estimated that $460,000 is available for construction. The design of the project shall be such that the cost thereof will not exceed the above amount allocated by the City for its construction. The City will have the right to require the Architect to make revisions to the Construction Documents so as to bring the cost within funds available at no additional fee. I. Order of Services Architect agrees to begin work immediately after written authorization from the City and to complete the Schematic Design Phase within 30 calendar days after authorization; the Design Development Phase and Construction Documents Phase will each be completed within 30 calendar days of written notice by the City to proceed with each phase. IV. FEE A. Fees for Basic Services The City will pay the Architect a fixed fee of Forty-four Thousand Nine Hundred Thirty and no/100 Dollars ($44,930.00) providing for architectural services in this Agreement. 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. Payments to the Architect 1. Upon completion of the Schematic Design Phase. and approval of same by the City, a sum equal to Six Thousand Seven Hundred Forty and no/100 Dollars ($6,740.00). 2. Upon completion of the Design Development Phase and acceptance and approval of the same by the City, a sum of Eight Thousand Nine Hundred Eighty-six and no/100 Dollars ($8,986.00). 3. Upon completion of the Construction Documents Phase and acceptance and approval of the same by the City, a sum of Seventeen Thousand Nine Hundred Seventy-two and no/100 Dollars ($17,972.00). The City may authorize monthly payments for this phase upon evidence of suitable progress by the Architect. 4. Upon receipt of bids and award of a construction contract, a sum of Two Thousand Two Hundred Forty-six and no/100 Dollars ($2,246.00). 5. During the Construction Phase, a sum of Eight Thousand Nine Architectural Services Contract Cotten/Landreth Architects Page 5 of 9 Hundred Eighty-six and no/100 Dollars ($8,986.00), to be paid in monthly installments the amounts of which shall be determined on the basis of the ratio of the Monthly Construction Estimate to the total contract price. Final payment will not be made to the Architect until the conditions of Article III, Section F are met. - 6. In regard to the Architect's fee, the parties further agree: No deductions shall be made from the Architect's fee on account of penalty, liquidated damages, or other sum withheld from payments to the contractor. The City shall not pay any Architect's fee for change orders necessitated as a result of negligence on the part of the Architect. V. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this Agreement upon seven days' written notice to -the other at the address of record. In this event, the Architect shall be compensated for his services on all phases authorized as follows: A. If termination occurs prior to the final completion and approval of drawings and specifications, the Architect shall be paid reasonable compensation for the services actually rendered in accordance with the above described schedule of fees and in proportion to the amount of work done on such phases as has been authorized but no less than the preceding authorized phase. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Architect shall be 75% of the fixed fee. C. If termination occurs after the letting of the construction contract but prior to final completion or acceptance by the City, the fees of the Architect shall be computed in accordance with the provisions of Article IV hereof, pro -rated to the date of termination. D. The foregoing shall not be construed to require the City to compensate the Architect 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. VI. RENEGOTIATION In the event that the scope of the Architect's services as outlined herein for the improvement projects is determined, by the Architect's Preliminary Phase work, to be substantially different from the description of Architectural Services Contract Cotten/Landreth Architects Page 6 of 9 services and construction budget contained herein, the fees set forth in this Agreement shall be renegotiable only insofar as they pertain 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. VII. ARCHITECT'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 Architect, its employees, associates, agents and consultants, for the accuracy and competence of their designs, working drawings, and specifications or other documents and work. _ VIII. OWNERSHIP OF DOCUMENTS Upon completion of the project •{or upon termination of this Agreement, if previously terminated), the Architect 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, which will be the sole property of the City and which may not be reproduced without City permission. IX. ASSIGNABILITY The Architect shall not assign, transfer or delegate any of his obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Architect's staff. If the Architect is a partnership, in the event of the termination of the partnership, this Agreement shall inure to the individual benefit of such partner or partners as the City may designate. No part of the Architect's fee may be assigned in advance of receipt by the Architect without written consent of the City. X. 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. XI. 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 Architect arising out of or relating to this Agreement or the breach thereof will be decided by Architectural Services Contract Cotten/Landreth Architects Page 7 of 9 arbitration in accordance with the current applicable Construction Industry Arbitration Rules of the American Arbitration Association, subject to the limitations stated in Sections 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 -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 Sections 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 Architectural Services Contract Cotten/Landreth Architects Page 8 of 9 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. XII. 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 Architect which are directly pertinent to the herein referenced grant program, for the purpose of making audits, examinations, excerpts, and transcriptions. Architect agrees to maintain all required records for three years after the City makes final payment and all other pending matters are closed. XIII. PRINCIPAL ARCHITECT The City and Architect agree that Mr. Gordon Landreth shall serve as the principal architect for the provision of all services under this Agreement. 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: COTTEN/LANDRETH ARCHITECTS By: James K. Lontos, P.E. Assistant City Manager Architectural Services Contract Cotten/Landreth Architects Page 9 of 9 TITLE VI ASSURANCES During the performance of this contract, the Architect, for itself, its assignees and successors in interest (hereinafter referred to as the "Architect") agrees as follows: 1. Compliance with Regulations. The Architect 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 Architect, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Architect 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 B 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 Architect 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 Architect of the Architect'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 Architect shall provide all information 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 City or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of an Architect is in the exclusive possession of another who fails or refuses to furnish this information, the Architect shall so certify to the City 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 Architect's non- compliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to -- (a) withholding of payments to the Architect under the contract until the Architect complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. Architectural Services Contract Cotten/Landreth Architects EXHIBIT A-1 6. Incorporation of Provisions. The Architect 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 Architect shall take such action with respect to any subcontract or procurement as the City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event an Architect becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Architect may request the City to enter into such litigation to protect the interests of the City and, in addition, the Architect 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 contract. Consequently, the MBE requirements of 49 CFR Part 23 apply to this contract. 2. MBE Obligation. The Architect agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this contract. In this regard, all Architects shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Architects shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Architectural Services Contract Cotten/Landreth Architects EXHIBIT A-2 } CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 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 shores 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. FIRM NAME: STREET• CITY: 71P• FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 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." Name 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." Name 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• lrrw o, Prmt) 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) ' February 13, 1984 I certify to the City Council that $ 47,000 , the amount required for -z•- -the contract, agreement, obligation or expenditures contemplated in the above ' - • and foregoing ordinance is in the Treami y of the City of Corpus Christi to the credit of: . - Fund No. and Name No. 245 Airport Bond Fund Project No. 245-82-1 Project Nature Concourse and Holdroom from which it is proposed to be drawn, and such Honey is not appropriated for ' FIN 2-55 Revised 7/31/69 Corpus Christi, Teas qd day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 198 t 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, Respectfully, Council Members MAYOR Yto flwu. THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passedsy the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18096