HomeMy WebLinkAboutC2015-484 - 11/19/2015 - NA t r
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT (No./Name) 2014 Highway Safety Improvement Program (Project No. E15205)
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) and Maldonado Burkett Intelligent Transportation Systems, LLP, a Texas corporation, 3833
South Staples Street, Suite N214, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby
agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL PLAN 2
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V CONSTRUCTION ESTIMATE 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 7
ARTICLE VIII TERMINATION OF AGREEMENT 8
ARTICLE IX RIGHT OF REVIEW AND AUDIT 8
ARTICLE X OWNER REMEDIES 8
ARTICLE XI CONSULTANT REMEDIES 9
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 9
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBIT A SCOPE OF SERVICES
EXHIBIT A 1 TASK LIST
EXHIBIT B SAMPLE PAYMENT REQUEST FORM
EXHIBIT B 1 CONFIDENTIAL RATE SHEET
EXHIBIT C DISCLOSURE OF INTEREST
EXHIBIT D CERTIFICATE(S) OF INSURANCE AND ENDORSEMENTS
2015-484
11/19/15
Maldonado Burkett Intelligent Contract for Professional Services
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INDEXED
1 I
ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and
attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for
Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be
required by law or common due diligence.
1.2 Consultant shall comply with City standards, as specified in the UDC or Code of Ordinances,throughout the
duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A.
1.3 Consultant acknowledges and accepts its responsibilities, as defined and described in City's General
Conditions for Construction Contracts. The Consultant will serve as the City's Designer and will consult and advise
the City during the performance of the Consultant's services. The Consultant shall report to the City's designated
Project Manager.
1.4 Consultant shall provide all labor, equipment and transportation necessary to complete all services agreed
to hereunder in a timely manner throughout the term of the Agreement. Additionally, Consultant shall provide staff
for regular,overtime, night,weekend and holiday service, as requested by City. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant.
1.5 Consultant shall not begin work on any Task Order authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.6 Consultant, in consideration for the compensation described in Article III, shall render the professional
services necessary for the advancement of the Project through Substantial Completion to Final Completion,
including review and prepare plans, specifications and bid and contract documents.
1.7 Consultant shall analyze bids and evaluate the documents submitted by bidders,including the Statement of
Experience, in order to make an informed recommendation to City concerning the responsibility of the lowest bidder.
1.8 Consultant will provide monthly status updates(project progress or delays and gantt charts)presented with
each monthly invoice.
1.9 Consultant 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.
ARTICLE II —QUALITY CONTROL PLAN
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
In the event that the City retains a separate consultant to perform additional QCP services for the City, the
Consultant will provide all necessary information to the City,address any comments from the City's consultant and
provide resolution to the City's satisfaction.
2.2 The Consultant will perform QCP Reviews at intervals during the design phase to ensure plans,
specifications and drawings satisfy accepted quality standards and meet the requirements of the Project scope.
Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Construction
Estimate as needed. Documentation will be included that verifies interdisciplinary coordination has occurred.
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2.3 The Consultant will perform constructability reviews, using persons with construction experience, at
appropriate intervals during the design phase to ensure that the Project is buildable, as well as cost-effective,
biddable and maintainable. Based on the findings of the constructability reviews, the Consultant will redesign the
Project, as required, and provide interim construction estimates.
2.4 Consultant is responsible for the accuracy and competency of its QCP reviews and final construction
documents. Documents that do not meet City standards may be rejected. Consultant will not be compensated for
having to resubmit documents.
ARTICLE III — COMPENSATION
3.1 The Compensation for all services included in this Agreement and in the Scope of Services for this
Agreement shall not exceed$37,063.57. The fees for Basic Services will not exceed those identified and will be full
and total compensation for all services outlined in Exhibit A, and for all expenses incurred in performing these
services.
3.2 The Consultant agrees to complete the phases of services in accordance with the approved project
schedule and budget. Work will not begin on any phase or any Additional Service until requested in writing by the
Consultant and written authorization is provided by the Director of Engineering Services.
3.3 All services shall be performed and the applicable standard of professional care set forth in section 13.4
herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City
shall not be liable for any payment under this Agreement for services that are unsatisfactory and/or have not been
previously approved by the Director.
3.4 The Director may direct the Consultant to undertake additional services or tasks provided that no increase in
fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as
an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3)days of notice if
tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. For
services provided, Consultant will submit monthly statements for services rendered. The statement will be based
upon Consultant's estimate(and with City's concurrence)of the proportion of the total services actually completed
at the time of billing. City will make prompt monthly payments in response to Consultant's monthly statements.
3.6 Consultant warrants that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further warrants that, upon submittal of a Payment Request, all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. Consultant SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO Consultant.
3.7 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.8 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.8.1 delays in the performance of Consultant's work;
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3.8.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.8.3 reasonable evidence that Consultant's work cannot be completed for the amount unpaid under this
Agreement;
3.8.4 damage to City; or
3.8.5 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.9 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within a reasonable time. City shall not be deemed in default by reason of
withholding compensation as provided for in this Article III.
3.10 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
provided in this Agreement in a timely manner and as required by the terms thereof,any such claim shall be waived.
3.11 Request of final compensation by Consultant shall constitute a waiver of claims except those
previously made in writing and identified by Consultant as unsettled at the time of final Payment
Request.
3.12 The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work
pending receipt and appropriation of funds.
3.13 Time & Materials Contracts
3.13.1 Consultant shall complete EXHIBIT B-1 and include in proposal. Rate sheets are confidential
pursuant to section 552.104 of the Texas Government Code since release of this information would give
advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party
commercial and financial information if release of the information would cause the third party substantial
competitive harm.
3.13.2 Consultant shall submit documentation with the monthly invoice that shows who worked on the
Project, the number of hours that each individual worked on the Project and reimbursables for that
individual.
3.13.3 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting
in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each
payment request that clearly indicates how that individual's time is allocated and the justification for that
allocation.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 The term of this Agreement shall commence upon its approval execution by both the City and Consultant.
4.2 The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the
Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional
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Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations for the
services under Article I herein in a prompt and continuous manner, so as to not delay the development of services
or the construction of the work for the Project, in accordance with the schedules approved by City. City shall
perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project.
4.4 This Agreement shall remain in force for a period which may reasonably be required for the design,award of
the contract and completion of the Project, including any extra work and any required extensions thereto, unless
terminated as provided for in Article VIII of this Agreement.
ARTICLE V— CONSTRUCTION ESTIMATE
5.1 The Construction Estimate (Estimate) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The Estimate does not include the cost of the land, rights-of-way or other costs which are the
responsibility of the City.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this agreement 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.
6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of
Certificates of Insurance(COI)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 COI. Project name and or number must be listed in
Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence - aggregate
policy endorsements
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
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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' COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000 /$500,000 /$500,000
6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies
of all reports of any accidents within 10 days of the accident.
6.4 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.
6.5 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.
Consultant is required to provide City with renewal Certificates.
6.6 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 the requested change. Consultant shall pay any costs incurred resulting
from said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
6.7 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:
6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations, completed operation and activities of, or on
behalf of, the named insured performed under contract with the City, with the exception of the workers'
compensation policy;
6.7.2 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;
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6.7.3 Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor
of the City; and
6.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage,and not less than ten(10)calendar days advance
written notice for nonpayment of premium.
6.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal 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.
6.9 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements hereof.
6.10 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 agreement.
6.11 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
agreement.
6.12 It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed
$50,000, the above insurance requirements must be met.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless 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, to the extent that the damage is caused by or results 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 or its employees, to the extent of such negligence.
If the liability results solely from the negligent acts or omissions of the Consultant,the Consultant
shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based
wholly or partly on the negligence of, fault of or breach of contract by the City, the Consultant
shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability.
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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.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 The City may, at any time, with or without cause, terminate this contract upon seven days written notice to
the Consultant at the address of record.
8.2 In this event, the Consultant will be compensated for its services on all stages authorized based upon
Consultant and City's estimate of the proportion of the total services actually completed at the time of termination.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee,
which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its
records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute
under this Agreement, then such retention period shall extend until final resolution of the dispute.
9.2 "Consultant's records" include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost
ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements,
purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,
vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in
questions and any and all other agreements, sources of information and matters that may, in City's judgment, have
any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement
Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's
regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records,
Consultant's facilities and Consultant's current or former employees,deemed necessary by City or its designee(s),
to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X— OWNER REMEDIES
10.1 The City and Consultant agree that in the event of a delay in completion for which the City suffers actual
damages,the City may elect to pursue its actual damages and any other remedy allowed by law. Conditions under
which City may seek other damages include, but are not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endangers timely and successful
completion of the Agreement, which failure includes failure of subconsultants to meet contractual
obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments,such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
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10.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been defects, errors and omissions in the
documents.
10.2 Pursuant to Article VI, the City may assert a claim against the Consultant's professional liability insurance as
appropriate when other remedies are not available or offered for design deficiencies discovered during and after
Project construction.
10.3 When the City incurs non-value added work costs for change orders due to design errors or omissions,the
City will send the Consultant a certified Cost Recovery Claim letter that includes
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 Consultant shall not be liable or responsible for any delays due to strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's reasonable control.
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall
be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial
request for remedy or(iii) request Alternative Dispute Resolution.
12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Consultant shall proceed
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diligently with performance of the Agreement and City shall continue to make payments in accordance with
this Agreement.
12.2 Alternative Dispute Resolution
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation or any other alternative dispute resolution(ADR)process set forth herein,
the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement
through discussions directly between those senior management representatives within their respective
organizations who have overall managerial responsibility for similar projects. This step shall be a condition
precedent to the use of any other ADR process. If the parties'senior management representatives cannot
resolve the dispute within thirty(30) calendar days after a Party delivers a written notice of such dispute,
then the Parties shall proceed with the mediation ADR process contained herein.
12.2.3 Mediation
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any
lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the request,
except upon agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty(30)calendar days of the request for mediation,all
conditions precedent in this Article XII shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising
under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall
be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of
this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to
suit.
12.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City
expenditures on contracts for professional services be of maximum benefit to the local economy.
13.2 Assignability. The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant without written consent of
the City.
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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.
13.3 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 Consultant without the express written consent of the Director of Engineering Services. However,the Consultant
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.
13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar
locality and under the same or similar circumstances and professional license;and performed as expeditiously as is
prudent considering the ordinary professional skill and care of a competent engineer or architect.
13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings,
pre-bid meetings and preconstruction meetings.
13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.7 Disclosure of Interest. Consultant agrees, in compliance with City of Corpus Christi Ordinance No. 17112,to
complete, as part of this contract, the Disclosure of Interests form.
13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article,
sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take
precedence and control to resolve said conflict.
CITY OF CO US CHR TI MALDONADO BURKETT INTELLIGENT
TRANSPORTATION SYSTEMS, LLP
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34 5
Gustavo Gonz Iez, P.E. Date Ramon H. Maid. ado, r., P. E. ate
Assistant City Manager of Managing Partn-
Public Works and Utilities 3833 South Staples Street, Suite N214
Corpus Christi, TX 78411
(361) 236-4611 Office
Contract for Professional Services
Page 11 of 12
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Account 550950 .64520 5" / 35 a,
Activity E1 01 3551 EXP (Ayers Street Pedestrian Imp Turning Lane)
Accou Category 50950
Fund Name Street 2015 GO Bond 2014
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Contract for Profesionat Services
Page 12 of 12
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MALDONADO-•UNKETT
INTELLIGENT TRANSPORTATION SYSTEMS,LLP
September 29, 2015
Mr. Jeff Edmonds, P.E.
Director
Capital Programs
1201 Leopard Street
Corpus Christi, TX 78401
Re: Highway Safety Improvement Program (HSIP) Ayers Street.
Dear Mr. Edmonds:
As requested,this is a proposal for Highway Safety Improvement Program (HSIP)Ayers Street for 60%
design fee. MBITS is proposing to prepare a 60%plan set to include one new signal and two signal
upgrades. Below is a summary along with fees associated with this project.
Ayers St. @ McArdle Rd.—New Signal
Ayers St. @ Gollihar Rd.—Upgrade Signal
Ayers St. @ Port Ave. Upgrade Signal
Contract Amount: $37,063.57
If you have any additional questions please let us know.
Best Regards,
Ramon H. Maldonado Jr., P.E.
Managing Partner
CC: Jerry Shoemaker, P.E.
Sarah Munoz, E.I.T.
Raymond Chong, P.E., PTOE
3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRISTI,TX 78411 • OIRce•361-236-4611 • www.mbltsgroup.com
EXHIBIT "A"
Page 1 of 1
Sample form for:
Payment Request
COMPLETE PROJECT NAME Revised 07/27/00
Project No. XXXX
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 $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% '
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0, 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500, 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
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