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HomeMy WebLinkAboutC2015-070 - 4/28/2015 - Approved AMENDMENT NO. 1 TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Maldonado-Burkett Intelligent Transportation Systems, LLP, a Texas corporation, 2205 Western Trails Blvd., Suite B, Austin, Travis County, Texas 78745, (Architect/Engineer — NE), hereby agree as follows: 1. SCOPE OF PROJECT Signal Improvements and Street Lighting City-Wide (Project No. E12105) BOND 2012 This project prioritizes intersections to receive signal upgrades and VIVIDS. This amendment No. 1 will address the intersection signal improvements to be located at Mcardle Road and Nile Drive. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Capital Programs. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Capital Programs. The Director of Capital Programs may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of foo..,;II m,,F,1..11., --greed and evidenced in writing as an amendment to this contract. 2015-070 of Corpus Christi within three (3) days of notice if tasks requested 4/28/15 ?e. INDEXED M2015-042 Amendment No. 1 Maldonado-Burkett Intelligent Page 1 of 3 Transportation Systems LLP STREET\E12105 SIGNAL IMPR&STREET LIGHTING BOND 2012\AMD 1\CONTRACT PROFESSIONAL SERVICES DOC 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $30,321.74 (Thirty Thousand Three Hundred Twenty One Dollars and Seventy Four Cents), for a restated fee not to exceed $79,833.85, (Seventy Nine Thousand Eight Hundred Thirty Three Dollars and Eight Five Cents) as shown in the attached Amendment No. 1, Exhibit "A". Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The NE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its 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 NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Capital Programs. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Amendment No. 1 Page 2 of 3 K'\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E12105 SIGNAL IMPR&STREET LIGHTING BOND 2012\AMD 1\CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP J. Edmonds, P.E. D e Ramon . Idonado Jr., P.E. Date Director of Capital Programs Principal 2205 Western Trails Blvd., Suite B Austin, TX 78745 RECOMMENDED (512) 916-1386 Office Operating Department (-Bate / AP'ROVED AS TO LEGAL FORM legal Department Date Project No. E12105 APPROV D Accounting Unit: 3549-053 Account: 550950 1(/5' Activity: E12105013549EXP Account Category: 50950 Office of Management te Fund Name: Street CIP BOND 2012 and Budget Encumbrance No. ATTEST 41--Lt-a-kz,Rebecca Huerta, City Secretary j:PLe'• 0 COUNCIL_ Amendment No. 1 Page 3 of 3 K\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E12105 SIGNAL IMPR&STREET LIGHTING BOND 2012\AMD 1\CONTRACT PROFESSIONAL SERVICES.DOC MAL -BURET? INTEIIIGEMT TAANSAOATATtON SYSTEMS,tt• February 12,2015 Mr.Jerry Shoemaker,P.E. Assistant Executive Director of Capital Programs 1201 Leopard Street Corpus Christi,TX 78401 Dear Mr. Shoemaker: MBITS is proposing to do a Signal and Pedestrian Pole design at McArdle Rd. and Nile Dr. Below is a summary along with design fees associated with the intersection. McArdle Rd.with Nile Dr. Signal Warrant Study Signal warrant study for the intersection for a total of$2,701.89. McArdle Rd.with Nile Dr. Signal Design Signal and Ped Pole design with Other Direct Costs (Project Wide Fee) for a total of $23,888.61. This fee assumes topo and utility survey will be supplied by others. Additional Services: Survey Topo and Utilities In the event MBITS needs to obtain survey and utility information,a fee of$3,731.24 will be added. This fee will include survey topo and utilities along with subconsultant coordination. Contents Technical Specifications will be included with the construction documents and completed in accordance with city's specifications and standards. This package will not include front end documents. Schedule Once NTP is given we anticipate the design will take 30 working days with dedicated staff. This time will also depend on the City's review time and comments. Based on the current construction schedule, MBITS will first be submitting preliminary foundation and conduit locations in order for the contractor to begin construction. One pre-submittal before the final signed and sealed sheets are submitted unless additional submittals are requested which will impact the 30 day work schedule. If you have any additional questions please let us know. Best regards, Ramon H. Maldonado Jr., P.E. 270S WESTERN TRAILS BLVD SUITE 8 AUSTIN.TEXAS 78745 • Office 517 9'6 1386 • www maltigro90 corn AMD. NO. 1 EXHIBIT"A" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. AMD. NO. 1 EXHIBIT"B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. AMD. NO. 1 EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. AMD. NO. 1 EXHIBIT"B" Page 3 of 3 COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% Design Phase 20,818 0 0 20,818 1,000 500 1,500 7% Bid Phase 0 0 0 0 0 0 0 n/a Report Phase 14,166 0 0 14,166 0 0 0 0% Construction Phase 0 0 0 0 0 0 0 n/a Subtotal Basic Services $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% Additional Services: Permitting $0 $0 $0 $0 $0 $0 $0 n/a Warranty Phase 0 0 0 0 0 0 0 n/a Inspection 9,011 0 0 9,011 0 0 0 0% Platting Survey 29,090 0 0 29,090 0 0 0 0% Reporting 1,294 0 0 1,294 0 0 0 0% O & M Manuals TBD TBD TBD TBD TBD TBD 0 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $39,395 $0 $0 $39,395 $0 $0 $0 0% Summary of Fees Basic Services Fees $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% Additional Services Fees 39,395 0 0 39,395 0 0 0 0% Total of Fees $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% m = v m W . o � o .i /'1 j • SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City CITY OF CORPUS CHRISTI t; DISCLOSURE OF INTEREST Chn 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". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Maldonado-Burkett Intelligent Transpiration Systems, LLP P.O.BOX: N/A STREET ADDRESS: 2205 Western Trails Blvd., CITY: Austin ZIP: 78745 Suite B 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) kA- 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 ATitle 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 I A Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name IJ 1 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION 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: Ramon H.Maldonado Jr.,P.E. Title: Principal (Type or Print) Signature of Certifying / , Date: //o//c— Person: /v//c— Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "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. e. "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. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including 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." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.