HomeMy WebLinkAbout020494 RES - 10/18/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE JOINT
VENTURE OF W. P. WILLS, CONSULTING ENGINEERS, INC. AND
SHEARER ENGINEERING, INC. FOR DESIGN OF FUTURE AIRFIELD
IMPROVEMENTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT,
INCLUDING WIDENING THE COMMERCIAL AVIATION RAMP BY 200 FEET
AND CONSTRUCTING A CROSS TAXIWAY BETWEEN TAXIWAYS "A" AND
"B"; AND APPROPRIATING $104,732.50.
BE IT RESOLVED 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 with joint venture of W. P. Wills, Consulting Engineers, Inc. and
Shearer Engineering, Inc. for design of future airfield improvements at Corpus
Christi International Airport, including widening the commercial aviation ramp
by 200 feet and constructing a cross taxiway between Taxiways "A" and "B," 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 $104,732.50 from the
No. 541 Airport Bond Fund, to be 90 percent reimbursed by the Federal Aviation
Administration, applicable to Project No. 541-601-603.31-597, Taxiway "C"
Extension and Commercial Ramp Expansion.
ATTEST:
City Secretary
APPROVED: 19 DAY OF Atf›+ 19Lz8
HAL GEORGE, CITY ATTORNEY
BY
Assistant pty Attorney
207JB024.res
THE CITY OF CORPUS CHRIST
, TEXAS
20494 ��C1F8�f�iM�fi
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, Inc. and Shearer Engineering, Inc., a Joint Venture,
hereinafter called "Engineers", agree as follows:
I. SERVICES TO BE PERFORMED
The Engineers hereby agree, at their own expense, to perform all
engineering services necessary to properly develop studies, designs, and plans
and specifications on the following improvements to the Corpus Christi
International Airport:
A. Widen the commercial airline ramp by 200 feet.
B. Construct a cross taxiway between Taxiway A & B.
C. Construct a ramp for air cargo building and taxiway connection.
D. Rehabilitate Taxiway A lighting system.
E. Construct a security fence around airport.
F. Repairs/replacement of general aviation ramp pavement.
The scheduling of these projects is dependent upon availability of
funding from both local and federal sources. The Engineer will only be
authorized to proceed with these projects as directed herein or by amendment
to this contract. The City and Engineer agree that additional projects may be
added through execution of appropriate amendments to this contract.
The City anticipates receiving Federal assistance for these
improvements through the Federal Aviation Administration. 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
THE ENGINEER IS HEREBY AUTHORIZED TO PROCEED WITH ALL PHASES OF THE
WORK ASSOCIATED WITH PROJECTS A AND B, AS LISTED IN SECTION I.
Engineering Services - CCIA Future Airfield Improvements
W. P. Wills/Shearer Engineering, A Joint Venture
Page 1 of 8
Engineers' services under Section I will be those Basic Services
which are in accordance with the Manual of Practice, General Engineering, as
published in 1982 by the Texas Society of Professional Engineers and
Consulting Engineers Council of Texas and will include the following:
A. In the Preliminary Phase (for Work as Authorized by the City)
1. Conferences with the proper City representatives regarding
the proposed project. Consult with Federal Aviation Administration and other
agencies as required.
2. AP reliminary 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 materials.
4. Preliminary cost estimate of proposed construction and
total project budget.
5. City to furnish Engineers 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 Phase.
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)
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 and will reimburse Engineer
actual costs of all documents required in excess of 25.
3. Appropriate coordination meetings with the Federal Aviation
Administration to facilitate approval of design concepts and detailed plans
and specifications.
Engineering Services - CCIA Future Airfield Improvements
W. P. Wills/Shearer Engineering, A Joint Venture
par 2 of S
4. Preparation of estimates of quantities and costs.
5. Assist City in securing bids; prepare bid tabulation sheet.
6. Analyze bids and make recommendation concerning award.
7. 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)
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 Engineers will endeavor to protect the City
against defects and deficiencies in the work of the contractor, but they
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. The Engineer shall promptly notify the
City of any known defects discovered during general observations of the work.
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 instruction required to effectuate the intent of the, contract
documents) .
7. Final inspection.
8. Revision of the construction drawings to show the project
as actually constructed and the furnishing of "As -Built" reproducible
drawings.
Engineering Services - CCIA Future Airfield Improvements
W. P. Wills/Shearer Engineering, A Joint Venture
Page 3 of 8
D. Special Services
This contract includes the furnishing of Surveying and
Geotechnical Services by the Engineer as Special Services. Surveying Services
includes the gathering of all topographic information necessary for the design
of this project. Geotechnical Services includes all subsurface
investigations, non-destructive testing, laboratory testing, engineering
analysis, and report preparation of such information as necessary for the
design of this project. (The City is to receive three (3) copies of all
laboratory reports and other summary reports prepared under this item.) The
sum(s) authorized as Special Services are in addition to the Basic Fee as
outlined in Section III, Paragraph A, herein.
For Surveying Services associated with Projects A and B, as
listed in Section I, the City agrees to pay the Engineer a sum not to exceed
Two Thousand Eight Hundred Dollars ($2,800.00).
For Geotechnical Services associated with Projects A and B, as
listed in Section I, the City agrees to pay the Engineer a sum not to exceed
Two Thousand Eighty Five Dollars ($2,085.00).
E. Reimbursable Expenses.
Under FAA Guidelines, reasonable travel expenses incurred by
the Engineer are eligible for reimbursement. Therefore, the City agrees to
pay the Engineer a sum not to exceed Two Thousand Four Hundred Dollars
($2,400.00) for round trip travel between Dallas and Corpus Christi, a per
diem, and car rental. These expenses shall be evidenced by and paid based
upon receipts and invoices prior to reimbursement.
F. Order of Services
Engineer agrees to begin work on Projects A and B as listed in
Section I immediately upon 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 to proceed with this phase. The construction phase (when authorized)
shall be contingent upon the completion schedule of the construction.
III. FEE
A. Fee for Basic Services Authorized
For Basic Services associated with Projects A and B, as listed
in Section I, the City will pay the Engineer a fixed fee of Ninety Seven
Thousand Four Hundred Forty Seven and 50/100 Dollars ($97,447.50) providing
for services only (except Special Services and Reimbursable Expenses) in this
Contract. This fee will be full and total compensation for all services
outlined herein. Fees for Special Services and Reimbursable Expenses are as
outlined in Section II, Paragraphs D and E of this Contract.
Engineering Services - CCIA Future Airfield Improvements.
W. P. Wilts/Shearer Engineering, A Joint Venture
B. Payment of Fee for Preliminary Phase Services
For the Preliminary Phase Services relating to Projects A and
B, the sum of Fourteen Thousand Five Hundred Eighty Dollars ($14,580.00) shall
be due and payable. Approval of the preliminary engineering report shall be
required prior to final 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.
C. Payment of Fee for Design Phase Services
For the Design Phase Services relating to Projects A and B, the
sum of Seventy Two Thousand Nine Hundred Ninety Seven and 50/100 ($72,997.50)
shall be due and payable. Approval of final plans and specifications and
receipt of bids will be required before final payment for this phase payment
is made. Payment may be made on a monthly basis based on invoices submitted
by the Engineer.
D. Payment of Fee for Construction Phase Services
For the Construction Phase Services relating to Projects A and
B, the sum of Nine Thousand Eight Hundred Seventy Dollars ($9,870.00) shall be
due and payable. Payment may be made on a monthly basis based on invoices
submitted by the Engineer and relative to the percentage completion of actual
construction.
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 Engineers, and upon expiration of the thirty -day period, the
Engineers 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 Engineers
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 Engineers 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 Engineers' services as outlined
herein for the improvement project is determined, by the Engineers'
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.
Engineering Services - CCIA Future Airfield Improvements
W. P. Wills/Shearer Engineering, A Joint Venture
VI. ENGINEERS' 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
Engineers, their 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
Engineers, their employees, subcontractors, agents and consultants.
VII. OWNERSHIP OF DOCUMENTS
Upon completion of the project (or upon termination of this
Contract, if previously terminated) , the Engineers 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 Engineers 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 Engineers' staff. If either 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
parts of the Engineers' fee may be assigned in advance of receipt by the
Engineers without prior, 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 prior to such employment.
X. ARBITRATION
A. Except as may be otherwise provided in this Contract, or as the
parties hereto may otherwise agree, in writing, all claims, counter -claims,
disputes or other matters in question between the City and the Engineers
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
Engineering Services - CCIA Future Airfield Improvements
W. P. Wills/Shearer Engineering, A Joint Venture
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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.
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 and Shearer Engineering, Inc. 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
and Shearer Engineering, Inc. 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
Engineers further agree, in compliance with City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Contract, the Disclosure of
Interests form attached hereto.
Engineering Services - CCIA Future Airfield Improvements
W. P. Wills/Shearer Engineering, A Joint Venture
Page 7 of 8
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this day of , 1988.
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Juan Garza, City Manager
APPROVED:
By:
day of , 1988
Assistant City Attorney
W. P. WILLS CONSULTING ENGINEERS //\"C -
By : aire,i//1-
W.
P. Wills
SHEARER ENGINEERING, INC.
By: // / //r/
/./41/,'/7�
Engineering Services - CCIA Future Airfield Improvements
W. P. Wilts/Shearer Engineering, A Joint Venture
Page 8 of 8
CONTRACTOR CONTRACTURAL 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) agree 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 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 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 Subcontractors, 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
subcontract, 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
information and reports required by the Regulations or directives issued
pursuant thereto and shall permit access to its books, records, accounts,
other 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 determine to
be appropriate, including, but not limited to -
(a) withholding of payments to the contractor under the contract until
the contractor complies, and/or
(b) cancellation, termination, or suspension of the contract, in whole
or in part.
EXHIBIT A-1
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 opportunity
to participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this agreement. In this
regard, all contractors 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.
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
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 Cityto 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 eg onol stock exchanges or over-the-
counter markets may file o current Securities and Exchange Commission Form 10-K with the City in lieu of answerin
the questions below. See reserve si e for definitions. g
FIRM NAME:
STREET:
CITY: ZIP:.
FIRM is: 1. Corporation ( ) 2. Partnership ( ) . Sole Own c
)
4, • Association ( ) 5. Other !/ /Mb/1ff /76',/5 2-e//,3
as #// r�
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 on "ownershipinterest" constituting3% or
more of the ownership in the above named "firm."
Name Job Title and City Department (if known
/rane
2. State the names of each "official" of the City of Corpus Christi having an "ownershipinterest" constituting3% or
more of the ownership in the above named "firm".
Name Title
/14.4#
3. State the names of each "board member" of the City of Corpus Christi havingan "ownershipinterest" constituting
3% or more of the ownership in the above named "firm."
Name Board, Commission, or Committee
4,44e
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly
withheld disclosure of any information requested: and that supplemental statements will be promptly submitted tog y
p p y the
City of Corpus Christi, Texigs as c anges occur.
w fL
7eJ"/
�a��r
Certifying Person:j7/67,0/ •t r i/7/ i7,C 4/C7.-
1/1
- - Date: /1
7
Signature of Certifying Person:
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 2
September 13, 1988
I certify to the City Council that $ 104,732.50 , 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 Air ort Bond Fund
Project No.
541-601-603.31-597
Project Name Taxiway "C" Extension and
Commercial Ramp Exp.ansi_on
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
?Ar , 191z
FIN 2-55
Revised 7/31/69
The above resolution
Betty N. Turner
David Berl anga , Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Sl avi k
Linda Strong
99.066.01
Corpus Christi, Texas
0 day of
iUctb-ec.e�t� , 198 g
was passed by the following vote:
(kit
it4/1--1
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Opp
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20494