HomeMy WebLinkAboutC2018-435 - 9/18/2018 - Approved •
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CITY OF CORPUS CHRISTI
CONTRACT FOR PAVEMENT ASSESSMENT & MANAGEMENT SERVICES
FOR PROJECT: RFP NO. 2018-05 AUTOMATED PAVEMENT CONDITION INDEX SURVEY
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
Transmap Corporation,an Ohio corporation,5030 Transamerica Drive, Franklin County,Columbus,OH,43228-
9335, (Respondent), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE ll QUALITY CONTROL 2
ARTICLE III COMPENSATION 2
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V INSURANCE REQUIREMENTS 5
ARTICLE VI INDEMNIFICATION 5
ARTICLE VII TERMINATION OF AGREEMENT 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6
ARTICLE IX OWNER REMEDIES 7
ARTICLE X RESPONDENT REMEDIES 7
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7
ARTICLE XII MISCELLANEOUS PROVISIONS 9
2018-435
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Transmap Corporation
SCANNED
ARTICLE I —SCOPE OF SERVICES
1.1 The Respondent 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
Respondent to provide such Services, pursuant to this Agreement,and any and all Services that would normally be
required by law or common due diligence in accordance with the standard of care defined in this Agreement.The
approved Scope of Services defines the services to be performed by Respondent under this Agreement.
1.2 Respondent shall follow City Codes and Standards effective at the time of the execution of the contract.At
review milestone
s,the Respondent and City will review the progress of the data collection and reports to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed
must be in writing.
1.3 Respondent shall provide labor,equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Respondent to perform
work pursuant to this Agreement shall be employees or subconsultants of Respondent. Upon request,Respondent
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the
of work performed by subconsultant(in dollars). Changes in Respondent's proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Respondent shall not begin work on any phase/task 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
Respondent or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Respondent will provide monthly status updates(project progress or delays)in the format requested by the
City with each monthly invoice.
1.6 The Respondent agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Respondent agrees to perform quality assurance-quality control reviews (QCP Review). The City
reserves the right to retain a separate firm to perform additional QCP services for the City.
2.2 The Respondent will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Respondent must reconcile the Project Scope as needed.
2.3 Final documents that do not meet City standards in effect at the time of the execution of this Agreement
may be rejected. If final documents are found not to be in compliance with this Agreement, no compensation for
revisions and resubmission of documents will be authorized.
ARTICLE III—COMPENSATION
3.1 The Compensation for all Basic and Additional services(Base Bid Part A&Part B—General and Additive
Alternate No.2 ONLY)included in this Agreement and in the Scope of Services for this Agreement shall not exceed
$220,983.19.
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3.2 The Respondent's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
3.3 The Respondent agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Respondent 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. Respondent shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with Exhibit B. Each invoice will include the Respondent's
estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M
Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that
each individual worked,the applicable rates from the Rate Schedule and any reimbursable expenses associated
with the work. City will make prompt monthly payments in response to Respondent's monthly invoices.
3.6 Respondent certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Respondent further certifies 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 Respondent's
knowledge,information and belief,be free and clear of liens,claims,security interests or encumbrances in favor of
Respondent or other persons or entities making a claim by reason of having provided labor or services relating to
this Agreement. RESPONDENT 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 RESPONDENT.
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 Respondent."
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 Respondent is responsible, because of:
3.8.1 delays in the performance of work;
3.8.2 failure to make payments to subconsultants or vendors for labor, materials or equipment;
3.8.3 damage to City; or
3.8.4 persistent failure 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 Respondent, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
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, Respondent 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 Respondent does not initiate and follow the claims
procedures as required by the terms of this Agreement, any such claim shall be waived.
3.11 Request of final compensation shall constitute a waiver of claims except those previously made in writing
and identified by Respondent as unsettled at the time of final Payment Request.
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3.12 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.The City may suspend work pending receipt and appropriation of funds. The right to suspend work under
this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for
services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee(Effective Date).
4.2 Notice to Proceed will be issued October 15,2018.This service shall be for a period of 180 days beginning
October 31, 2018.
4.3 The Respondent agrees to begin work on those authorized 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 Respondent and written authorization is provided by the Director of
Engineering Services.
4.4 Time is of the essence for this Agreement. Respondent shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project,in accordance with
the schedules approved by City. The Respondent and City are aware that many factors may affect the
Respondent's ability to complete the services to be provided under this agreement. The Respondent must notify
the City within 10 business days of becoming aware of a factor that may affect the Respondent's ability to complete
the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement.
4.7 Liquidated Damages:
A. Owner and Contractor recognize that time limits for specified Milestones and completion with Final Payment as
stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the
Owner will suffer economic loss if the Work is not completed within the times specified stated above in Section 4.2
and as adjusted in accordance with ARTICLE IX—OWNER REMEDIES of the Contract. Owner and Contractor
also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual
loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay(but not as a penalty):
1. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the
time specified in ARTICLE IV—TIME AND PERIOD OF SERVICE for completion and readiness for final payment
until the Work is completed and ready for final payment in accordance with ARTICLE III—COMPENSATION of the
Contract.
2. Milestones:Contractor agrees to pay Owner liquidated damages as stipulated in the Contract for failure to meet
Milestone completions.
3. The Owner will determine whether the Work has been completed within the Contract
Times.
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B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages
resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract
Documents.
ARTICLE V— INSURANCE REQUIREMENTS
5.1 Respondent must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Respondent must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
5.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VI —INDEMNIFICATION
Respondent shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,
agents, employees, excluding the engineer or architect or that person's agent, employee or
subconsultants,over which the City exercises control("Indemnitee")from and against any and all claims,
damages, liabilities or costs, including reasonable attorney fees and court 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 Respondent or its agent, Respondent under
contract or another entity over which Respondent 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.
Respondent shall defend Indemnitee,with counsel satisfactory to the City Attorney,from and against any
and all claims,damages,liabilities or costs,including reasonable attorney fees and court costs,if the claim
is not based wholly or partly on the negligence of,fault of or breach of contract by Indemnitee. If a claim is
based wholly or partly on the negligence of,fault of or breach of contract by Indemnitee,the Respondent
shall reimburse the City's reasonable attorney's fees in proportion to the Respondent's liability.
Respondent must advise City in writing within 24 hours of any claim or demand against City or Respondent
known to Respondent related to or arising out of Respondent's activities under this Agreement.
ARTICLE VII —TERMINATION OF AGREEMENT
7.1 By Respondent:
7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Respondent may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
7.1.2 The Respondent must follow the Termination Procedure outlined in this Agreement.
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Respondent at the address of record.
7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Respondent. If
Respondent begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days,the agreement will not terminate. If the Respondent again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
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written notice to the Respondent with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Respondent for up to two years.
7.3 Termination Procedure
7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs, or Respondent takes action to cure a failure to perform under the cure period,
Respondent shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Respondent has successfully cured a failure to perform, Respondent shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
7.3.2 Respondent shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees,Respondent will be compensated for its services based upon a Time&
Materials calculation or Respondent and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
7.3.4 Respondent acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Respondent to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Respondent of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE VIII —RIGHT OF REVIEW AND AUDIT
8.1 Respondent grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Respondent'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. Respondent 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.
8.2 Respondent's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement (Respondent's Records). 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,
and any and all other agreements, sources of information and matters that may, in the City's and Respondent's
reasonable judgment, have any bearing on or pertain to any matters,rights,duties or obligations under or covered
by any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit, examine or inspect Respondent's Records only during
Respondent's regular business hours. Respondent agrees to allow City's designee access to all of Respondent's
Records, Respondent's facilities and Respondent's current employees, deemed necessary by City or its
designee(s),to perform such audit, inspection or examination. Respondent also agrees to provide adequate and
appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations.
8.4 Respondent shall include this audit clause in any subcontractor, supplier or vendor contract.
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ARTICLE IX—OWNER REMEDIES
9.1 The City and Respondent agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
9.1.1 Failure of the Respondent to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
9.1.2 Failure of the Respondent to perform 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 Respondent.
9.1.3 Losses are incurred because of errors and/or omissions in the working drawings or other documents
prepared by the Respondent to the extent that the financial losses are greater than the City would have
originally paid had there not been errors and/or omissions in the documents.
9.2 When the City incurs non-value added work costs for change orders due to errors and/or omissions,the City
will send the Respondent a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Respondent to revise documents, if appropriate, at no additional cost to City;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Respondent's response.
9.3 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE X—RESPONDENT REMEDIES
10.1 If Respondent is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Respondent's and City's reasonable control, an extension of the Project schedule in an amount equal to the time
lost due to such delay shall be Respondent's sole and exclusive remedy. The revised schedule should be
approved in writing with a documented reason for granting the extension.
10.2 The City agrees that the Respondent is not responsible for damages arising from any cause beyond
Respondent's reasonable control.
10.3 If Respondent requests a remedy for a condition not specified above, Respondent must file a Claim as
provided in this Agreement.
ARTICLE XI —CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 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.
11.1.2 Every Claim of Respondent, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Respondent by his/her signature,verifying
the truth and accuracy of the Claim.
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11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within 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
Respondent. If Respondent is not satisfied with the proposal presented, Respondent will have 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 Mediation.
11.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Respondent shall proceed
diligently with performance of the Agreement,and City shall continue to make payments in accordance with
this Agreement.
11.2 Mediation
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation,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 mediation. 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 process
contained herein.
11.2.3.1 In the event that City or Respondent 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.
11.2.3.2 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.
11.2.3.3 In the event City and Respondent 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 shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator's fee. Venue for mediation 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.
11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Respondent and to claims by City:
11.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
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11.4 In case of litigation between the parties, Respondent and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys'fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
11.5 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 XII — MISCELLANEOUS PROVISIONS
12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party,except for
routine duties delegated to personnel of the Respondent staff. This includes subcontracts entered into for services
under this Agreement. If the Respondent is a partnership or joint venture,then in the event of the termination of the
partnership or joint venture,this contract will inure to the individual benefit of such partner or partners as the City
may designate. No part of the Respondent fee may be assigned in advance of receipt by the Respondent without
written consent of the City.
The City will not pay the fees of expert or technical assistance and Respondents unless such employment,including
the rate of compensation, has been approved in writing by the City.
12.2 Ownership of Documents. Respondent agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with,pursuant to or as a
result of this Agreement, including contract documents (plans and specifications), drawings and submittal data.
Respondent may make a copy for its files. Any reuse by the City,without specific written verification or adaptation
by Respondent, shall be a City's sole risk and without liability or legal exposure to Respondent. The City agrees
that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed
professional prior to re-use of modified plans.
12.3 Standard of Care. Services provided by Respondent under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing 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.
12.4 Licensing. Respondent 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.
12.5 Independent Contractor. The relationship between the City and Respondent under this Agreement shall be
that of independent contractor. City may explain to Respondent the City's goals and objectives in regard to the
services to be performed by Respondent, but the City shall not direct Respondent on how or in what manner these
goals and objectives are to be met.
12.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Respondent 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 Respondent.
12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and Respondent. Neither the City nor Respondent intends to create third party beneficiaries by
entering into this Agreement.
12.8 Disclosure of Interest. Respondent agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
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12.9 Certificate of Interested Parties. For contracts greater than $50,000, Respondent agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/etf_info_form1295.htm. The form must then be printed,signed and
filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
12.10 Conflict of Interest. Respondent 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.
12.11 Boycott Israel. As required by Chapter 2270, Government Code. Respondent hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification,
"boycott Israel"means refusing to deal with, terminating business activities with,or otherwise taking any action that
is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a
person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for
ordinary business purposes.
12.12 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. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
12.13 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.
12.14 Conflict Resolution Between Documents. Respondent hereby agrees and acknowledges if anything
contained in the Respondent-prepared Exhibit A, Respondent's Scope of Services, or contained in any other
document prepared by Respondent and included herein, is in conflict with Artcles I-XIII of this Agreement(Articles),
the Articles shall take p c1edence and control to resolve said conflict
CITY O C IjIUS CHR TI TRANSM P *RP',RATION
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(v 1 ,
-ff H. Edmonds, P. E. Da Howard .f. hoj, P.E. lat-
Director of Engineering Services Preside (CEO
5030 TT" nsamerica Drive
APPROVED AS TO LEGAL FORM Columbus, OH 43228-9335
2018.09.10 (614) 886-4100
13:58:37 -05'001 hluxhoj@transmap.com
Assistant City Attorney Date kAZO l8i� I
HORI[t►
ATTEST Ir MUNCIE I U
/ ........ .
City ecretary Date
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Project Name: RFP No. 2018-05 Automated Pavement Condition Index Survey
Project Number: 18111A
Accounting Unit: 1041-12415-051
Account: 530000
Activity: 18111-A-1041-EXP
Account Category: 30000
Fund Name: Streets
Amount: $220,983.19
K:\Engineering Projects Data Managements 181 I IA RFP No.2018-05 Automated Pavement Condition Index Survey13.AE Agreement Contracts1AE Agreement Contract for Professional Services
Page 11 of 11
roadway inventory asset management integration
trans map
June 18t,2018
City of Corpus Christi, Texas
Attn: Jeff H. Edmonds, PE,Director of Engineering Services
1201 Leopard Street,3rd Floor,Corpus Christi,Texas 78401
RE: Request For Proposal(No.2018-05),Automated Pavement Condition Index Survey
Mr. Edmonds:
Thank you for allowing Transmap Corporation to propose our solutions. We are pleased to
present the City of Corpus Christi with our response to your RFP. Since our establishment in
1994,pavement and roadway asset management has been our only focus. We own our own
equipment,so a sub-contractor is not needed for the data collection. I have outlined some
principal strengths that you will find beneficial in qualifying Transmap as the best provider for
your pavement and roadway asset management needs:
• Texas Presence- City of Corpus Christi, City of Midland(repeat customer), City of
Schertz,City of Conroe, City of Baytown,City of Killeen, City of Sugar Land, City of
Stephenville,City of Round Rock)
• Team - Core team with over 21 years of experience- PhDs, PEs,and GISPs on staff
• Local Corpus Christi Experience-2015 Automated Pavement Condition Index
Survey Project(2018 inspections/work history can simply be added to the 2015
PAVER pavement analysis file for a seamless update& performance curves)
• Our System: Crack Map 3D - Pavemetrics 2D/3D Laser Crack Measurement System
(100% continuous coverage, every lane collected,IRI and Rut includes[),New since
2015: Proiect Level Crack Intelligence- Automated Error Tracking-Field Verification
(QA/QC)-Pavement Condition Analysis- Customer Delivery Interface -Crack Map
Orthophotography/Geodatabase
• Technology Focused- Dual systems(Ladybug5 30MP +HD LiDAR,—1 million
points/sec,8,000 x 4,000 pixel resolution)-Effective 6 camera solution/panoramic
tmap.pro/CO
Exhibit A
Page 1 of 3
•
images, no additional cost-New since 2015: Easy to use LAS file(LiDAR)- Street
Level Orthophotography
• MicroPAVER- Official PCI calculation -ASTM D6433-11 -Army Corps/DOD
developed- Transmap will install and merge new PAVER data with Historic 2015 data
• Master Plan as a Service(MPaaS) - Open Source Policy - 5 & 10-year Capital
Improvement(CIP)Plans - Incremental PAVER updates and re-driving with System 6
• Open Source-Our open source policy allows for data to be seamlessly implemented into
any software system(MicroPAVER,CarteGraph,Esri,Maximo)
• GIS Focused- 20 Year Esri Public Works Solutions Partner- Web&map-based—Street
and Crack Map Orthophotography as standard MrSID files loaded into Esri
Transmap Corporation acknowledges Addendums 1 &2. Our taxpayer number is 31-1414214.
I can be contacted at hluxhoj@transmap.com or on my mobile at(614) 886-4100. For a digital
copy of our response,please log on to tmap.pro/CO.
Best regal-a.,
oward Luxhoj,PE
President and CEO
Transmap Corporation
Florida-Regional Office Transmap•5030 Transamerica Drive Chicagoland Office
Columbus,Ohio 43228•P:(614)481-6799
F:(614)481-4017•transmap.com
tmap.pro/CO
Exhibit A
Page 2 of 3
BID FORM
Project
Name: REQUEST FOR PROPOSAL(RFP)NO.2018-05 AUTOMATED PAVEMENT CONDITION INDEX(PCI)SURVEY
Project
Number: N/A
Owner: City of Corpus Christi
Bidder:
OAR: N/A
Designer: NiA
CONTRACT DURATION
BIDDER AGREES TO REACH FINAL COMPLETION IN 180 DAYS
ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT
OIJANTIT'
BASE BID PART A & PART B -GENERAL
Part A-GENERAL(per SECTIONS I.INTRODUCTION I IV.GENERAL TERMS AND CONDITIONS/V.TERM OF CONTRACT
Al MOBILIZATION(NOT TO EXCEED 5%) LS 1 ( $0.001 _ $0.00
A2 BOND AND INSURANCE I LS T 1 I so.00l $0.001
A3 _TRAFFIC CONTROL PLAN AND PREPARATION I LS I 1 I $0.001 $0.00
A4 TRAFFIC CONTROL; SET-UP MAINTENANCE AND REMOVAL I LS I 1 1 $0.001 $0.00
SUBTOTAL PART A-GENERAL(Items Al thru A4) 1 $0.00
Part B-GENERAL(per SECTION III.SCOPE OF SERVICES)
B1 'LOCAL STREETS MILES 838 $74.991 $62,841.62
B2 (ARTERIAL STREETS I MILES 173 $74.991 $12,973.27
11 B3 ICOLLECTOR STREETS MILES I 210 $74.991 S15,747.90
B4 (DATABASE COLLECTION I LS I 1 I $109,620.401 $109,620.401
SUBTOTAL PART B-GENERAL(Items Bl thru 84) I $201,183.19
ADDITIVE ALTERNATE NO. 1: SIGNAGE & MARKINGS
Part C-ADDITIVE ALTERNATE NO.1 (per SECTION III.SCOPE OF SERVICES)
Cl NON-REG SIGNAGE INVENTORY LS 31,000 $2.29 $70,990.00
C2 REGULATORY SIGNAGE LS 19,000 $2.65 $50,350.00
C3 MARKINGS LS 400 $22.50 $9,000.00
SUBTOTAL PART C-ADDITIVE ALTERNATE NO.1(Items C1 thru 03) $130.340.00
ADDITIVE ALTERNATE NO. 2: TECHNICAL SUPPORT
Part D-ADDITIVE ALTERNATE NO.2(per SECTION III SCOPE OF SERVICES)
D1 1TECHNICAL SUPPORT 1 HOURS 1 200 1 $99.001 $19,800.00
SUBTOTAL PART I-ADDITIVE ALTERNATE NO.2(01 THRU D1) 1 $19,800.00
BID SUMMARY
SUBTOTAL PART A-GENERAL(Items Al thru A4) 1 $0.00
SUBTOTAL PART B-STREET (Items 81 thru 64) $201,183.19
TOTAL PROJECT PART A-GENERAL& PART B i $201,183.19
SUBTOTAL PART C-ADDITIVE ALTERNATE NO. 1: SIGNAGE& MARKING(Items Cl thru C3) $130,340.00
TOTAL PROJECT ADDITIVE ALTERNATE NO. 1: SIGNAGE&MARKING $130,340.00
SUBTOTAL PART D-ADDITIVE ALTERNATE NO.2:TECHNICAL SUPPORT(Items D1 thru D1) $19,800.00
TOTAL PROJECT ADDITIVE ALTERNATE NO.2 TECHNICAL SUPPORT $19,800.00
Addenda No: 1 —
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Addenda No. 2
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Addenda No.
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Exhibit A
Page 3 of 3
Sample form for:
Payment
COMPLETE PROJECT NAME AE E onuact
Contract •
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00_$1,500.00 $1,500.00 50.0% •
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% _
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0 & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00_ $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes: •
If needed, update this sample form based on the contract requirements. EXHIBIT B
If applicable, refer to the contract for information on what to include with time and materials (T&M). Page 1 of 1
.
EXHIBIT C
Insurance Requirements
Geotechnical, Construction Materials Testing,and Professional Surveying Services
1.1 Consultant must not commence work under this agreement until all
required insurance 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.
1.2 Consultant must furnish to the Director of Engineering Services with
the signed agreement a copy 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 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) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
Exhibit C
Page 1 of 3
•
be prior to inception of agreement,
have extended reporting period
provisions and identify any limitations
regarding who is insured.
1.3 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.
1.4 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.
1.5 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 notice 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
1.6 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:
1.6.1 List the City and its officers, officials, employees 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 professional liability/Errors & Omissions policy;
1.6.2 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;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 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
Exhibit C
Page 2 of 3
.
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.
1.8 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.
1.9 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.
1.10 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.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
Exhibit C
Page 3 of 3