HomeMy WebLinkAbout19774 ORD - 06/09/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH SHINER, MOSELEY
AND ASSOCIATES, CONSULTING ENGINEERS, FOR THE DESIGN OF
WHITECAP BOULEVARD IN A NEW ALIGNMENT FROM SOUTH PADRE
ISLAND DRIVE TO STATE PROPERTY; APPROPRIATING $65,500; 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 Shiner, Moseley and Associates, Consulting Engineers, for the
design of Whitecap Boulevard in a new alignment from South Padre Island Drive to
State property, 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 $65,500 from the No. 561
Street Bond Fund applicable to Project No. 561-86-22.1, Whitecap Boulevard.
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 at three regular meetings so
that this ordinance is passe nd shall take effect upon first reading as an
emergency measure this the day of ,y4 , 19 SI.
ATTEST:
APPROVED: 47 DAY OF
HAL GEORGE, CITY ATTORNEY
By
Assistant Ci ftorney
05P.142.01
, 19 S7
THE CITY OF CORPUS CHRISTI, TEXAS
1977MICROFILMED
CONTRACT FOR ENGINEERING SERVICES
THE STATE OF TEXAS §
COUNTY OF NUECES §
The City of Corpus Christi, hereinafter called "City", and Shiner,
Moseley and Associates, 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, plans and
specifications and provide inspection and contract administration for the
relocation and construction of Whitecap Boulevard from Park Road 22 (Padre
Island Drive) to the State owned land near the Gulf of Mexico, including the
bus turnaround area with parking spaces at the end of Whitecap Boulevard,.the
extension of Windward Drive from the present Windward Drive location to the
realigned Whitecap Boulevard, and the removal of existing Whitecap Boulevard
as shown on Exhibit "A" attached hereto and made a part hereof. This project
is a cooperative effort of the City and Lake Padre, Ltd. as evidenced by a
separate agreement.
II. SCOPE OF SERVICES
Engineer's services for 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. Preliminary Phase:
1. Street alignment schematic.
2. Typical cross-sections.
3. Preliminary pavement design.
4. Preliminary cost estimates.
B. Design Phase:
1. Acquire all permits required by any local, State or Federal
authorities with the exception of the permit required to
construct a portion of Whitecap Boulevard on the public beach.
The City will make application to the General Land Office for
this permit.
2. Secure necessary field surveys to effect plan preparation.
3. Prepare detailed contract plans and specifications for
construction. These plans shall include the relocation of any
City owned facilities within the existing Whitecap Boulevard
right-of-way. These plans and specifications shall be approved
by the City Engineer prior to proceeding with the construction
phase.
4. Prepare estimates of cost and quantities.
5. Assist the City in securing bids. The bid proposal shall be
structured so as to isolate the street and storm sewer
construction costs on Whitecap Boulevard from the other items
Engineering Services - Whitecap Blvd.
Shiner, Moseley & Associates
Page 1 of 5
to be included in the contract in order to calculate Lake
Padre, Ltd.'s participation in this project.
6. Prepare bid tabulation, analyze bids and make recommendation
concerning award of contract.
C. 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. (Laboratory testing to
be paid by City.)
3. Consultation with the City and advise during construction.
4. Provide any field data acquired during the Design Phase which
may be necessary for construction staking. City forces to
provide construction staking.
5. 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.
Day to day inspection services shall be provided by the City as
is customary for infrastructure construction which will be
maintained by the City.
6. Preparation of change orders and monthly and final estimates
for payment to the contractor, based on contractor's submittal.
7. 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).
8. Conduct the Final Inspection in conjunction with City
Engineering personnel.
9. Revision of the construction drawings to show the project as
actually constructed and the furnishing of "As -Built"
reproducible drawings.
D. Project Budget
The City has budgeted $750,000 for this project as included in the street
proposition of the April, 1986 bond referendum. This figure includes
construction costs, Engineering fees, construction testing, inspection
services, contingencies and related items. The total estimated construction
cost of the relocation of Whitecap Boulevard is $867,750. A portion is to be
funded by Lake Padre, Ltd. per a separate agreement.
Engineering Services - Whitecap Blvd.
Shiner, Moseley & Associates
Page 2 of 5
E. Order of Services
Engineer agrees to begin work immediately after written authorization
from the City to proceed with the Design Phase and to complete the Design
Phase within 60 calendar days. Review time required by the City during this
phase will not be included in the 60 day period.
III. FEE
A. Fees for Basic Services
The City will pay the Engineer a fixed fee of Sixty -Three Thousand Five
Hundred and no/100 Dollars ($63,500.00) providing for basic engineering
services in this contract. In addition, the City will pay the Engineer a fee
of $2,000.00 for surveying services necessary for project design through the
Design Phase. Total fees for work outlined herein will not exceed Sixty -Five
Thousand Five Hundred and no/100 Dollars ($65,500.00) 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):
1. In the Preliminary Phase
For services rendered under the Preliminary Phase, as described
above, an amount equal to 25% of the fixed fee (excluding survey services)
shall be due and payable at the completion of this phase and authorization by
the City to proceed with the Design Phase.
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 60% of the fixed fee (excluding survey services) for work
authorized by the City shall be due and payable monthly, based on submitted
invoices. 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 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
Engineering Services - Whitecap Blvd.
Shiner, Moseley & Associates
Page 3 of 5
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 85% 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 IV 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 Contract.
V. RENEGOTIATION
In the event that the scope of the Engineer's services as outlined herein
for the improvement project is determined 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
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.
Engineering Services - Whitecap Blvd.
Shiner, Moseley & Associates
Page 4 of 5
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 15 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. 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 of , 19
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Craig A. McDowell, City Manager
APPROVED:
By:
SHINER, MOSELEY & ASSOCIATES
day of , 19 CONSULTING ENGINEERS
Assistant City Attorney
Engineering Services - Whitecap Blvd.
Shiner, Moseley & Associates
Page 5 of 5
Title: Q,,e‘io 7-
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Exhibit "A"
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: �^. F -F f.VEZ. /L�oSr '' ht -t.,0 Assoc-.
STREET: -2-S-2-.3. S. El. 7 .11 • ST 'i Co CITY' Ca'RQu.r Cb4ter 5-n 7 ^7
lP• z 415
FIRM is: 1. Corporation ( X ) 2. Partnership
4.• Association ( ) 5. Other ( ) 3. Sole Owner ( )
)
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet,
1. Stole 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."
Name Board, Commission, or Committee
KDA
CERTIFICATE
I certify that 011 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 os changes occur.
Certifying Person. Jt`AMES
Title• Tkes "=e-v-rT
Signature of Certifying Person: 3 5l
Date•
CITY OF CORPUS CFIRESTI, TEXAS
CERPIFICATICN OF FUNDS
.(City Charter Article IV Section 21)
June 3, 1987
I certify to the City Council that $ 65,500.00 , 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
Project No.
Project Nam
No. 561 Street Bond Fund
561-86-22.1
Whitecap Brnilavard
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
V ,19.E
FIN 2-55
Revised 7/31/69
/74 G' 6�%% 11�'�Y 101iw1
Corpus Christi, Texas
" day of
, 1987
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 andvoting 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
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
ary Pat Slavik-
Linda Strong
99.045.01
Q�e
ada�tir-
19774