HomeMy WebLinkAbout19618 ORD - 01/27/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH W.P. WILLS
CONSULTING ENGINEERS FOR PRELIMINARY DESIGN FOR RUNWAY 13-31
TAXIWAY REHABILITATION AND LIGHT IMPROVEMENTS; APPROPRIATING
$30,000; 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 Engineers for preliminary design for the
Runway 13-31 Taxiway Rehabilitation and Lighting Improvements Project at Corpus
Christi International Airport, all as more fully set forth in the contract, a
substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A."
SECTION 2. That there is hereby appropriated $30,000 from the No. 541
Airport Bond Fund to be reimbursed 90 percent by the Federal Aviation
Administration upon the approval of a federal grant applicable to Project
No. 541-86-3.1, Preliminary Design, Runway 13-31 Taxiway Rehabilitation and
Lighting Improvements.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned contract at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall take effect upon
first reading as an emergency measure this the o7 7 2 day of
, 1927.
ATTEST
ity Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: DAY OF`_0
HAL GEORGE, CITY ATTO NEY
By
Assistant Cityt`'J7orney
01P.121.01
987
19618 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 Engineers, 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 to the Corpus Christi
International Airport.
Taxiway System (Runway 13-31) Rehabilitation and Lighting: Analyze
cause of distressed or yielding asphalt surface on the taxiway system;
evaluate alternate methods of repair on the taxiway system through
non-destructive testing or other means; design corrective method for repair;
overlay taxiway system with hot -mix asphaltic concrete; groove and restripe
taxiway system. Design to include use of the Boeing 727-200 aircraft as well
as other aircraft using Airport facilities. Also design a replacement
lighting system for the taxiway system as directed by the City, including
cable replacement as necessary. A rough, preliminary estimate of $2,489,000
was established during the bond program process for this work including
construction costs, Engineer's fees, contingencies, testing, inspection
services and related expenses.
The City anticipated receiving Federal assistance for the taxiway
system improvements through the Federal Aviation Administration under Project
3-48-0051-09-87. 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 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:
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. Consider alternate methods of
repair, to include estimates, of Taxiway System (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 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)
NOTE: NO DESIGN PHASE WORK IS AUTHORIZED BY THE CITY PER THIS
CONTRACT. THE FOLLOWING ARE MINIMUM DUTIES OF THE ENGINEER FOR THE DESIGN
PHASE AND ARE INCLUDED HEREWITH FOR INFORMATION ONLY. SUBSEQUENT AMENDMENTS
TO THIS CONTRACT WILL AUTHORIZE DESIGN PHASE WORK AND POSSIBLY FURTHER DUTIES
IN THIS 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.
Engineering Services Contract - Taxiway System (Runway 13-31)
W. P. Wills Consulting Engineers
Page 2 of 7
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.
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 (For Work as Authorized by City)
NOTE: NO CONSTRUCTION PHASE WORK IS AUTHORIZED BY THE CITY PER
THIS CONTRACT. THE FOLLOWING ARE MINIMUM DUTIES OF THE ENGINEER FOR THE
CONSTRUCTION PHASE AND ARE INCLUDED HEREWITH FOR INFORMATION ONLY. SUBSEQUENT
AMENDMENTS TO THIS CONTRACT WILL AUTHORIZE CONSTRUCTION PHASE WORK AND
POSSIBLY FURTHER DUTIES IN THIS 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 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
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.
Engineering Services Contract - Taxiway System (Runway 13-31)
W. P. Wills Consulting Engineers
Page 3 of 7
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 Contract includes the furnishing of Geotechnical Services by
the Engineer in the form of Subsurface Investigations, Non -Destructive
Deflection Testing, Laboratory Testing and Engineering Analysis and Report
preparation of such information. City agrees to pay Engineer a sum not to
exceed Fourteen Thousand Four Hundred Eighty and no/100 Dollars ($14,480.00)
for such services as outlined in Engineer's letter of January 8, 1987, to the
City Engineer. 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
Fee 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 (when authorized) will be
completed within 45 calendar days of written notice by the City to proceed
with this phase.
III. FEE
A. Fee for Basic Services Authorized
The City will pay the Engineer a fixed fee of Eleven Thousand Two
Hundred Twenty Eight and no/100 Dollars ($11,228.00) providing for services
only (except Special Services) in this Contract. This fee will be full and
total compensation for all services outlined in this phase. Additional fees
for later phases will only be authorized by amendment to this contract. Fees
for Special Services are outlined in Section II, Paragraph D of this Contract.
B. Payment of Fee for Preliminary Basic Services
For services rendered under the Preliminary Phase as described
above for work authorized by the City, all of the fixed fee shall be due and
payable. Approval of preliminary engineering plans will be required before
payment, except that the City will approve monthly payments to a maximum of
75% of this fee until such time as the Preliminary Phase is approved.
Payment of fees for later phases will be as specified by amendment
to this contract.
IV. TERMINATION OF CONTRACT
Either party to the Contract may terminate the Contract by giving to
the other thirty (30) days notice in writing. Upon delivery of such notice by
the City to the Engineer, and upon expiration of the thirty -day period, the
Engineering Services Contract - Taxiway System (Runway 13-31)
W. P. Wills Consulting Engineers
Page 4 of 7
Engineer shall discontinue all services in connection with the performance of
the Contract and shall proceed to cancel promptly all existing orders and
contracts insofar as such orders or contracts are chargeable to this Contract.
As soon as practicable after receipt of notice of termination, the Engineer
shall submit a statement showing in detail the services performed under this
Contract to the date of termination. The Owner shall then, after review and
approval of such statement, pay the Engineer promptly that proportion of the
prescribed charges which the services actually performed under this Contract
bear to the total services called for under this Contract, less such payments
on account of the charges as have been previously made. Copies of all
completed or partially completed design, plans and specifications prepared
under this Contract shall be delivered to the Owner when and if it is
terminated.
V. RENEGOTIATION
In the event that the scope of the Engineer's services as outlined
herein for the improvement project is determined, by the Engineer's
Preliminary Phase work, to be substantially different from the description of
services or construction budget contained herein, the fee 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
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.
Engineering Services Contract - Taxiway System (Runway 13-31)
W. P. Wills Consulting Engineers
Page 5 of 7
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 Contract, 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 Contract 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 Contract, 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 Contract, 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 Contract may
include, by consolidation, joinder or in any other manner, any additional
party not a party to this Contract.
E. By written consent signed by all the parties to this Contract 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.
Engineering Services Contract - Taxiway System (Runway 13-31)
W. P. Wills Consulting Engineers
Page 6 of 7
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
Engineers which are directly pertinent to the herein referenced grant program,
for the purpose of making audits, examinations, excerpts, and transcriptions.
W. P. Wills Consulting Engineers agree 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 Contract, 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 Craig A. McDowell, City Manager
APPROVED: day of , 19 W. P. WILLS CONSULTING ENGINEERS
By:
Assistant City Attorney W. P. Wills
Engineering Services Contract - Taxiway System (Runway 13-31)
W. P. Wills Consulting Engineers
Page 7 of 7
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 B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of
Materials and Eauirment. 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 ye e
.sponsor or the Federal Aviation Administration (FAA) to be pertinentthto
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
Engineering Services Contract - Taxiway System (Runway 13-31)
W.
P. ::ills Consulting Engineers
1
(h) 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 (OT)
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 Oblication. The :montractor 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
Engineering Services Contract - Taxiway System (Runway 13-31)
W. P. Wills Consulting Engineers
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 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.
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 on "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-
P.n./
n,t
Signature of Certifying Person• Dote:
��w
CITY OF ODRPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 26, 1987
I certify to the City Council that $ 30,000
, 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. 541 Airport Bond Fund
Project No. 541-86-3.1
Project Name Preliminary Design, Runway 13-31 Taxiway
Rehabilitation and Lighting Improvements
from which it is proposed to be drawn, and such money is not appropriategfoF,any
L �
other purpose.
NJ o
▪ v
FIN 2-55
ised 7/31/69
3c ooO.00
nr6- ,/a0/g7
/
Corpus Christi, Texas
c rrth day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
t
, 1982
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
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones 0,11'6?
Dr. Jack Best O,(1Q7
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
19618