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%
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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.