HomeMy WebLinkAboutC2019-675 - 12/30/2019 - NA TASK ORDER NO. 24
This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus
Christi,Texas(City)and Urban Engineering, (Consultant)dated June 4 201(Agreement)by Motion No.M2018-
113. Consultant shall perform services on the project described below as provided in this Task Order and in the
Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution,
this Task Order shall supplement the Agreement as it pertains to the project described below.
PROJECT NAME: 18098A Master Services Agreement for Professional Survey Services
1. PROJECT DESCRIPTION: 18098Y Portland Annexation Project(La Quinta)
2. SCOPE OF SERVICES: Provide professional surveying services; more fully described in Exhibit A.
3. COMPENSATION: The total amount not to exceed for Task Order No. 24 only is $1,515.00.
This Task Order is approved, and Consultant may proceed. All other terms and conditions of the Agreement
remain in full force and effect.
CITY OF CORPUS CHRISTI URBAN ENGINEERING
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Jeff H. Edmonds, P. E. Date James D. Carr, RPLS, CFM Date
Director of Engineering Services Director of Surveying
2725 Swantner
Corpus Christi, TX 78404
(361) 854-3101 Office
(361) 854-6001 Fax
jamesc@urbaneng.com
jolenep@urbaneng.com
Ii
Task Order No.24
Page 1 of 2
SCANNED
Accounting Unit: 1020-11455-071
Account: 530000
Activity: 18098-Y-1020-EXP
Account Category: 30000
Fund Name: General Fund
Amount: $1 ,515.00
Task Order No.24
Page 2 of 2
, IIuRsAN'
ENGINEERING j
11/1/19
Jerry J Shoemaker,PE
City of Corpus Christi
1201 Leopard Street
Corpus Christi,TX 78401
Phone: (361)826-3516
Mobile: (361)675-0964
Email:jerrys@cctexas.com
Re: Proposal for Professional Surveying Services
Portland Annexation Project(La Quinta),Task Order#24/(Ref.T.O. #17)for Project
18098S
MSA for Professional Surveying Services No.18098A
Portland Texas, 78374
Mr. Shoemaker;
Urban Engineering is pleased to submit this proposal for providing professional surveying
services for the Portland Annexation Project (La Quinta),Task Order#24/(Ref.T.O.
#17)for Project 18098S project located in Portland Texas, 78374.
Please review the Scope of Services to ensure the certainty of your requirements. If you need to
modify any items, please notify us and we will provide you with a revised proposal.
Any special certification required,additional title research or additional services can be evaluated
and an additional amount can be quoted commensurate to the level of certification or additional
work required.
We appreciate the opportunity to provide you with this proposal and look forward to working with
you on this project.
If you have any questions, please give us a call at 361-854-3101.
Sincerely,
Urban Engineering
1411 o Aviie
James D. Carr,RPLS, CFM
2725 Swantner,Corpus Christi,Texas 78404 I PHONE 361-854-3101 I FAX 361-854-6001
TBPLS Firm# 10032400 I TBPE Firm# 145
Exhibit A
Page 1 of 4
Scope of Services
TASK 1 —SUBMITTALS/La Quinta (Ref.T.O. #17)
1.1 Encumbrance fees for Annexation(see attached)
Total Fixed Fee: $1,515.50
This proposal is based on the current rate sheet and is valid for 30 days.
IN WITNESS HEREOF,the parties hereby execute this agreement upon the terms and conditions stated below.
CLIENT: CONSULTA :
Urban Engin ring-Corp s be ti,Texas
By: By: '
rki ( 11PYtI1I ?
(Signature) (Date Signed) (Signature) (Date Signed)
Name: Name: James D. Carr, RPLS, CFM
(Print) (Print)
Title: Title: Director of Surveying
Exhibit A
Page 2 of 4
URBAN ENGINEERING
TERMS AND CONDITIONS
Following are terms to the agreement:
1. Services
The Client hereby agrees to engage Urban Engineering(hereinafter referred to as UE)and UE hereby agrees to perform certain services for the party to
whom the agreement letter is addressed(hereinafter referred to as Client)in accordance with the scope in the authorizing agreement.
2. Access to Site:
Unless otherwise stated,UE will have access to the site for activities necessary for the performance of the services. UE will take precautions to minimize
damage due to these activities but have not included in the fee the cost of restoration of any resulting damage.UE will have access to the site in order to
investigate any incident that may generate a claim under sections 4,5, 10 and 11.
3. Certifications,Guarantees and Warranties:
UE agrees that its Services will be performed with that level of care and skill ordinarily exercised by members of the same profession currently practicing
under similar conditions and circumstances. No warranty or guarantee,expressed or implied,is made. UE shall not be required to sign any documents,no
matter by whom requested,that would result in UE having to certify,guarantee or warrant the existence of conditions whose existence UE cannot ascertain
or that in any way might,in the sole judgment of UE,increase UE's contractual or legal obligations or risks,or adversely affect the availability or cost of it
professional or general liability insurance. The Owner also agrees not to make resolution of any dispute with UE or payment of any amount due to UE in
any way contingent upon UE signing any such certification.
4. Indemnification:
UE agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Client against damages,liabilities and costs to the extent caused by
the negligent acts of UE in the performance of professional services under this Agreement,to the extent that UE is responsible for such damages,liabilities
and costs on a comparative basis of fault and responsibility between UE and the Client. UE shall not be obligated to indemnify the Client for the Client's
own negligence.
5. Limitation of Liability'
In recognition of the relative risks,rewards and benefits of the Project to both the Client and UE,the risks have been allocated such that the CLIENT agrees,
to the fullest extent permitted by law,to limit the liability of the Consultant to the Client for any and all claims,losses,costs,damages of any nature whatsoever
or claims expenses from any cause or causes including attorneys'fees and costs and expert-witness fees and costs, so that the total aggregate liability of
the Consultant to the Client shall not exceed$50,000 or the Consultant's total fee for services rendered on this Project,whichever is greater. It is intended
that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law.
6. Termination of Services:
In the event of termination of this Agreement by either party,the Client shall within fifteen(15)calendar days of termination pay UE for all services rendered
and all reimbursable costs incurred by UE up to the date of termination, in accordance with the payment provisions of this Agreement. The Client may
terminate this Agreement for the Client's convenience and without cause upon giving UE no less than seven(7)calendar day's written notice. Either party
may terminate this Agreement for cause upon giving the other party not less than seven(7)days'written notice for any of the following reasons:
• Substantial failure by the other party to perform in accordance with the terms of this
Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any other entity
without the prior written consent of the other party;
• Suspension of the Project or UE's services by the Client for more than ninety(90)calendar days,consecutive or in the aggregate;
• Material changes in the conditions under which this Agreement was entered into,the Scope of Services or the nature of the Project,and the failure of
the parties to reach agreement on the compensation and schedule'adjustments necessitated by such changes.
In the event of any termination that is not the fault of UE,the Client shall pay UE, in addition to payment for services rendered and reimbursable costs
incurred,for all expenses reasonably incurred by UE in connection with the orderly termination of this Agreement,including but not limited to demobilization,
reassignment of personnel,associated overhead costs and all other expenses directly resulting from the termination.
7. Ownership of Documents:
Drawings,specifications and other documents, including those in electronic form,prepared by UE and its consultants are Instruments of Service for use
solely with respect to this Project. UE and UE's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall
retain all common law,statutory and other reserved rights,including copyrights
Upon execution of this Agreement, UE grants the Client a nonexclusive license to reproduce UE's Instruments of Service solely for the purposes of
constructing,using and maintaining the Project,provided that the Client shall comply with all obligations,including prompt payment of all sums when due,
under this Agreement. UE shall obtain similar nonexclusive licenses from UE's consultants consistent with this Agreement. Any termination of this
Agreement prior to completion of the Project shall terminate this license. Upon such termination,the Client shall refrain from making further reproductions
of Instruments of Service and shall return to UE within seven days of termination all originals and reproductions in the Client's possession or control. If and
upon the date the Engineer is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second,
nonexclusive license permitting the Client to authorize other similarly credentialed design professionals to reproduce and,where permitted by law,to make
changes,corrections or additions to the Instruments of Service solely for purposes of completing,using and maintaining the Project.
No other license or right shall be deemed,granted or implied under this Agreement. The Client shall not assign,delegate,sublicense,pledge or otherwise
transfer any license granted herein to another party without the prior written agreement of UE. However, the Client shall be permitted to authorize the
Contractor, Subcontractors, Sub-Subcontractors and material or equipment supplier to reproduce applicable portions of the Instruments of Service
appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Projects is not to be construed as publication in derogation of the reserved rights of UE and UE's consultants. The
Client shall not use the Instruments of Service for future additions or alterations to this Project or for other projects,unless Client obtains the prior written
agreement of UE and the UE's consultants. Any unauthorized use of the Instruments of Service shall be at the Client's sole risk and without liability to UE
and the UE's consultants.
The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless UE, its officers, directors, employees and sub-consultants
(collectively,Consultant)against any damages,liabilities or costs,including reasonable attorneys'fees and defense costs,arising from or allegedly
arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the Client or any person or
entity that acquires or obtains the construction documents from or through the Client without the written authorization of UE.
Exhibit A
Page 3 of 4
8. Billings/Payments.
Invoices for UE's services shall be submitted,at UE option,either upon completion of such services or on a monthly basis. Invoices shall be
payable upon receipt and are considered late 30 days after the invoice date. If the invoice is not paid within 30 days,UE may,without waiving
any claim or right against the Client,and without liability whatsoever to the Client,terminate the performance of the service. Retainers shall
be credited on the final invoice.
9. Late Payments.
Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.0%(or the legal rate)on the then unpaid
balance. In the event any portion or all of an account remains unpaid 90 days after billing,the Client shall pay all costs of collection,including
reasonable attorney's fees. If a Client has multiple open invoices,payments may be applied to the oldest invoice(s)first.
10. insurance:
UE agrees to purchase and maintain at its own expense worker's compensation insurance, employer liability insurance, general liability
insurance,automobile liability insurance,and professional liability insurance. Certificates of insurance shall be provided to Client upon request
in writing. Within the limits and conditions of such insurance,the Client will be indemnified through those products for damages sustained by
the Client which are covered by UE's insurance to the extent of the limitations and exclusions contained within said insurance policies and
paragraphs 3,4 and 5 of these conditions. UE agrees to purchase additional insurance as requested by the Client(presuming such insurance
is available)provided the premiums for such additional insurance are reimbursed by the Client.
11. Dispute Resolution:
Any claims or disputes made during design,construction or post-construction between the Client and UE shall be submitted to non-binding
mediation. The Client and UE agree to include a similar mediation agreement with all contractors,sub-contractors,sub consultants,suppliers
and fabricators,thereby providing for mediation as the primary method for dispute resolution between all parties.
12. Entire Agreement.
This Agreement,including all attachments authorized hereunder,constitutes the entire agreement between the parties hereto and it supersedes
all prior or contemporaneous agreements,whether oral or written,with respect to the subject matter hereof. In case of conflict or inconsistency
between this Agreement and any other contract documents,this Agreement shall control. No agreement hereafter made between the parties
shall be binding on either party unless reduced to writing and signed by an authorized officer of the party sought to be bound.
13.Jobsite Safety:
Neither the professional activities of UE, nor the presence of UE or its employees and sub-consultants at a construction/project site, shall
relieve the General Contractor of its obligations,duties and responsibilities including,but no limited to,construction means,methods,sequence,
techniques or procedures necessary for performing,superintending and coordinating the Work in accordance with the contract documents and
any health or safety precautions required by any regulatory agencies. UE and its personnel have no authority to exercise any control over any
construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that
the General Contractor shall be solely responsible for jobsite safety and warrants that this requirement shall be included in the Client's contract
with the General Contractor. The Client also agrees that the Client, UE and UE's sub-consultants shall be indemnified by the General
Contractor and shall be made additional insureds under the General Contractor's policies of general liability Insurance.
14 Hazardous Materials:
• Definition of"Hazardous Materials"
As used in this Agreement,the term hazardous materials shall mean any substances,including but not limited to asbestos,toxic or
hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in
applicable federal statutes)or any other substances under any conditions and in such quantities as would pose a substantial danger
to persons or property exposed to such substances at or near the Project site.
• Suspension of Services
Both parties acknowledge that UE's scope of services does not include any services related to the presence of any hazardous or
toxic materials.In the event UE or any other party encounters any hazardous or toxic materials,or should it become known to UE
that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of the UE's
services,UE may,at its option and without liability for consequential or any other damages,suspend performance of its services
under this Agreement until the Client retains appropriate consultants or contractors to identify and abate or remove the hazardous
or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations.
• Indemnity
The Client agrees, notwithstanding any other provision of this Agreement,to the fullest extent permitted by law,to indemnify and
hold harmless the UE, its officers, partners, employees and consultants (collectively, Consultant)from and against any and all
claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of
or in any way connected with the detection,presence,handling,removal,abatement,or disposal of any asbestos or hazardous or
toxic substances,products or materials that exist on,about or adjacent to the Project site,whether liability arises under breath of
contract or warranty,tort,including negligence,strict liability or statutory liability or any other cause of action,except for the sole
negligence or willful misconduct of UE.
• Waiver of Claims for Hazardous Materials
In consideration of the substantial risks to UE in rendering its services in connection with the Project due to the presence or
suspected presence of hazardous materials at or near the jobsite,the Client agrees to make no claim and hereby waives,to the
fullest extent permitted by law,any claim or cause or causes of action of any kind,including but not limited to negligence,breach of
contract or warranty,either express or implied,strict liability or any other causes,against the UE, its officers,directors, partners,
employees or sub-consultants(collectively,Consultant),which may arise out of or may in any way be connected to the presence of
such hazardous materials. The Client acknowledges that the Consultant is not and shall not be required to be in any way an
"arranger,""generator,""operator"or"transporter"of hazardous materials present at or near the Project site,as these terms are
defined in applicable federal or state statutes.permitted by law,to make changes, corrections or additions to the Instruments of
Service solely for purposes of completing,using and maintaining the Project.
Exhibit A
Page 4 of 4