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HomeMy WebLinkAbout19826 ORD - 07/07/1987AN 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 passed and shall take effect upon first reading as an emergency measure this the '71A-. day of , 19 r7 . ATTEST: City Secretary APPROVED: ISS DAY OF HAL GEORGE, CITY ATTORNEY 05P.142.01 MAY41-17:47 THE CITY OF CORPUS CHRISTI, TEXAS ,19S7 19926 MICROFILMED 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, pta.+s 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 -4 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 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 - Whitccap 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 is a partnership, in the event of the termination of the partnership, this Contract shall inure to the individual benefit of such partner or partners as the City may designate. No part of the Engineer's fee may be assigned in advance of receipt by the Engineer without written consent of the City. IX. TECHNICAL ASSISTANCE AND CONSULTATIONS The City shall not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. X. 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: day of SHINER, MOSELEY & ASSOCIATES , 19 CONSULTING ENGINEERS By: By: ZV A. A• Assistant City Attorney Engineering Services - Whitecap Blvd. Shiner, Moseley & Associates Page 5 of 5 Title: PRE'Stpa,-tT Pork Rood 22 or • 05 ve 0 b It LAKE PADRE SOUTH BOUNDARY g3 \ � OHO OCG �Proposed Whitecap P� Boutevord Realignment 100 Foot ROW f� CITY LIMITS B62Foot BB Curb CANE HARBOR BAY (Existing) — r I; 1 20B Curb Foot ROW ..... Foot FUTURE UNITS Existing Whitecap Boulevard Alignment ,o `f0 a0/ aaar BB gOfy c144 FUTURE UNITS of A opPry o o� 40. 6, �+Sriry. CU4F \\pan Se05,a�� Af6x7c0 Island 05 —o O: 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: —�Fk-1,�1E2 /L� cCCEZr STREET: -7-81-O S. P T, 0, STE ? tri CITY: Cie'RP04- Cxfier c --1 71P: -1g 4 -IS FIRM is: 1. Corporation () 2. Partnershi 4.• Association P ( ) 3. Sole Owner ( ) ( ) 5. Other ( ) • DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." 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". Nome 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, 'hot 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: 4,44E5 ,q. s. iN u.o•=.r.,,,n ^ �} Title. FIZ6S tL`aEI�T nature of Certifying person• �— — Date• 17 ID 1 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 29, 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 Name No. 561 Street Bond Fund 561-86-22.1 Whitecap Boulevard from which it is proposed to be drawn, and such money is not appropriated for any other purpose. �ill�cR/ �2i, 19 FIN 2-55 Revised 7/31/69 -7LI6/ . bpp,71 41 r9a t /S1 Corpus Christi, Texas I1 day of , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members M11 OR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. /�. III Leo Guerrero all Frank Mendez U Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.045.01 ai oux aulk Ow 19876