HomeMy WebLinkAboutC2016-007 - 1/12/2016 - Approved CITY OF CORPUS CHRISTI
AMENDMENT NO. 1
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 Engineering Services) and Maldonado-Burkett
Intelligent Transportation Systems, LLP, a Texas corporation, 2205 Western Trails
Boulevard, Suite B, Austin, Travis County, Texas 78745, (Architect/Engineer — NE),
hereby agree as follows:
1. SCOPE OF PROJECT
Traffic Signal and Street Lighting Improvements Indefinite Delivery/Indefinite
Quantity (IDIQ)(Proiect No. E15126) — The work involves the preparation of delivery
orders (DO) for year 1 to include: controller cabinet preventive maintenance, battery
backup preventive maintenance, controller cabinet replacements, replacement of
malfunction management unit (MMU), Staples with Annapolis Signal Pole replacement,
Doddridge with Santa Fe (Bore with Ground Box Replacement), Park Road 22 with County
Park Access Road 4 Virnto Del Mar(Span Wire Signal Replacement) and other work to be
determined.
2. SCOPE OF SERVICES
The NE hereby agrees 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
Engineering Services.
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 NE 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 Services until requested in writing by the NE and
written authorization is provided by the Director of Engineering Services. 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
2016-007 ng Services.
1/12/16
Ord. 030730
Contract for Professional Services
Maldonado-Burkett Intelligent TREET\E15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIQWMD 1 MBITS\AMD 1 MBIT DOC PageNDE_ __,
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The Director of Engineering Services may direct the NE 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.
NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested
requires an additional fee.
4. FEE
The City will pay the NE a fee as described in Exhibit "A" for providing services
authorized, a total fee not to exceed $32,211.73 for a restated fee not to exceed
$71,725.04. Monthly invoices will be submitted in accordance with Exhibit "B".
5. INDEMNITY
NE 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 NE
or its agent, NE under contract or another entity over which NE 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 NE, the A/E
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 NE shall reimburse the City's reasonable attorney's fees in proportion
to the NE's liability.
NE must advise City in writing within 24 hours of any claim or demand against City
or NE known to NE related to or arising out of NE's activities under this Agreement.
6. INSURANCE
6.1 NE must not commence work under this agreement until all required insurance has
been obtained and such insurance has been approved by the City. NE must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor
has been obtained.
6.2 A/E 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.
Contract for Professional Services
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TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable 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
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,NE must furnish the
City with copies of all reports of any accidents within 10 days of the accident.
6.4 Applicable for paid employees, NE 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 NE will be promptly met. An All States
Endorsement shall be required if NE is not domiciled in the State of Texas.
Contract for Professional Services
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6.5 NE shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at NE'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. A/E is required to provide
City with renewal Certificates.
6.6 NE 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. NE 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 NE 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;
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, NE shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend NE'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 NE'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 NE to remove the exhibit hereunder, and/or
withhold any payment(s) if any, which become due to NE hereunder until NE
demonstrates compliance with the requirements hereof.
6.10 Nothing herein contained shall be construed as limiting in any way the extent to
which NE may be held responsible for payments of damages to persons or property
Contract for Professional Services
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resulting from NE's or its subcontractor's performance of the work covered under this
agreement.
6.11 It is agreed that NE'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.
7. 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 NE and City's estimate
of the proportion of the total services actually completed at the time of termination.
8. 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.
9. 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 NE 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.
10.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 NE without the express written consent of the Director of Engineering
Services. 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.
Contract for Professional Services
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11. 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.
12.STANDARD OF CARE
Services provided by NE 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.CONFLICT OF INTEREST
NE 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.
14.ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and NE 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
NE. 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.
15. CONFLICT RESOLUTION BETWEEN DOCUMENTS
NE hereby agrees and acknowledges if anything contained in the NE-prepared Exhibit A,
NE's Scope of Services, or contained in any other document prepared by NE and
included herein, is in conflict with this Agreement, this Agreement shall take precedence
and control to resolve said conflict.
CITY OF CORPUS/CHRISTI MALDONADO-BURKETT
INTELLIGENT TRANSPORTATION
/ SYSTEMS, LLP
/Zi/G I _
of
J. H. Edmonds, P.E. ate Ramon Malona• • Jr., P.E. Date
Director of Engineering Services Principal
2205 Western Trail Blvd., Suite B
Austin, TX 78745
RECOMMENDED 512) 916-1386.
/ KILL_
Operating Departme D to lY COUNCIL
Contra.jfo .rofessional Services
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APPROVED AS TO LEGAL FORM
Z ,/ /, . 12+ 15
gal Department ,•- -t
APP OVED
414141 ta- I
Office of Management I-
and Budget grop
ATTEST
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Rebecca Huerta
City Secretary
Fund Name Accounting Unit Account No. Activity No. Account Category Amount
Street Operating 1041-12310-053 530000 E15126011041EXP 30000 $24,158.80
Street Operating 1020-12460-053 530000 E15126011020EXP 30000 $8,052.93
Total $32,211.73
1-35-4-47/ 6162 " / % • -C,`/7o6
9e l<d )' l3 .�
11-444:iliW
for Professional e Ice
Contractos
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MALDONADO-BURKETT
INTELLIGENT TRANSPORTATION SYSTEMS.LLP
September 22,2015
Mr. Jeff Edmonds, P.E.
Director
Capital Programs
1201 Leopard Street
Corpus Christi, TX 78401
Re: E15126 Traffic Signal and Street Lighting Improvements IDIQ-Amendment No.1
Dear Mr. Edmonds:
MBITS is proposing an Amendment to proceed with the design of the Traffic Signal and Street Lighting
Improvements. Below is a summary along with fees associated with this project.
E15126-Traffic Signal and Street Lighting Improvements IDIQ-Amendment No.1
Original Contract amount: $39,513.31
Amendment No.1 amount: $32,211.73.
Total amount to date for project No.E15126: $71,725.04
Contents
This package will include signal knock downs, conduit, illumination facilities and other basic services for
maintenance of signals and illumination in accordance to the city requirements for all delivery orders throughout
the calendar year.
Schedule:
Scheduled to be completed within 10 days of notice to proceed.
If you have any additional questions please let us know.
Best regards,
Ramon H. Maldonado Jr.,P.E.
CC: Jerry Shoemaker, P.E.
Chris Hale, P.E.
Raymond Chong,P.E.
Jorge Salinas
AMD. NO. 1
EXHIBIT "A"
Page 1 of 1
2205 WESTERN TRAILS BLVD SUITE 8 AUSTIN,TEXAS 78745 • Office: 512 916 1386 • www.mbltsgroup.com
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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SUPPLIER NUMBER
TO BE ASSIGNED I3Y CO Y
PURCHASING DIVISION
........
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
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. Everyquestion 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: I. 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
jA Department(if known)
2. State the names of each "official"of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name /A 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
/...) )4
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 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
(T)pe or Print)
Signature of Certifying Date: �I old
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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
OFFICE USE ONLY
Complete Nos. 1-4 and 6 if there are interested parties.
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-2513
Maldonado-Burkett ITS, LLP
Austin, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/12/2016
being filed.
City of Corpus Christi Date AcknWedged:I ZI
3 Provide the identification number used by the governmental entity or state agency to track or identify the ontract,and provide a
description of the goods or services to be provided under the contract.
E15126
Traffic Engineering Services, Studies and Signal Design
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Burkett, Karl Austin, TX United States X
Maldonado, Ramon Austin, TX United States X
5 Check only if there is NO Interested Party. 0
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
{,� 14,
t'" H.ROSE LAHTI
_�
*: ,1 MY COMMISSION EXPIRES
November 6,2018
Signature of auth. ' • agent• contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn to and subscribed before me,by the said la(Vet C? .i 11'1 AL ,this the 12 r t, day of , Ata.1UA 12- I
20 t ,to certify which,witness my hand and seal of office.
•
Si.nature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032