HomeMy WebLinkAboutC2021-332 - 12/14/2021 - ApprovedPage 1 Rev. 21-9 WSP
SERVICE AGREEMENT NO. 3619
CONTRACT FOR PROFESSIONAL SERVICES
CITY-WIDE PAVEMENT EVALUATION AND ASSESSMENT
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 HVJ Associates Inc., 1701 Directors Blvd. Suite 910 Austin, Texas 78744, (Consultant),
hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES ...................................................................2
ARTICLE II QUALITY CONTROL .......................................................................2
ARTICLE III COMPENSATION ............................................................................2
ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4
ARTICLE V OPINIONS OF COST ......................................................................4
ARTICLE VI INSURANCE REQUIREMENTS ......................................................4
ARTICLE VII INDEMNIFICATION .........................................................................4
ARTICLE VIII TERMINATION OF AGREEMENT ..................................................5
ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................6
ARTICLE X OWNER REMEDIES .......................................................................6
ARTICLE XI CONSULTANT REMEDIES .............................................................7
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................7
ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9
EXHIBITS
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ARTICLE I – SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which
is 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 in accordance with the standard of care
defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by
Consultant under this Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At
review milestones, the Consultant and City will review the progress of the plans 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 Consultant 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 Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant
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 Consultant’s proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Consultant 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
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the
City with each monthly invoice.
ARTICLE II – QUALITY CONTROL – INTENTIONALLY DELETED
ARTICLE III – COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $1,435,519.35.
3.2 The Consultant’s fee will be on a 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. Consultant shall
submit a Rate Schedule with their proposal.
3.3 The Consultant 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 Public Works may request 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 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. Each
invoice will include the Consultant’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
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reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant 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 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.
3.8 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.”
3.9 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:
3.9.1 delays in the performance of Consultant’s work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, 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.
3.11 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 as required by the terms of this Agreement, any such claim shall be waived.
3.12 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.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its
annual budget. The City may direct the Consultant to 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.
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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).
The Term of this Agreement is for fifteen months beginning on the Effective Date.
4.2 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the Director
of Public Works.
4.3 Time is of the essence for this Agreement. Consultant 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 Consultant and City are aware that many factors may affect the Consultant’s
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services
hereunder.
4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.5 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.
ARTICLE V – OPINIONS OF COST- INTENTIONALLY DELETED
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 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII – INDEMNIFICATION
Consultant 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 subconsultant, 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
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.
Consultant 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
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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 Consultant shall reimburse the City’s reasonable attorney’s
fees in proportion to the Consultant’s liability.
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 By Consultant:
8.1.1 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 Consultant 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.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant 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 Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant 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
Consultant has successfully cured a failure to perform, Consultant 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.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time &
Materials calculation or Consultant 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.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
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required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
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 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 and relevant to the Work under this Agreement (Consultant’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 City’s and Consultant’s reasonable
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
Consultant’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 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 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:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which 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.
10.1.3 Losses are incurred because of errors and/or 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 errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a 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
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(4) Deadline for Consultant’s response.
10.3 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.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI – CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other
causes beyond Consultant’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 Consultant’s sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant’s reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
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 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 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 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.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed
diligently with performance of the Agreement, and City shall continue to make payments in accordance with
this Agreement.
12.2 Mediation
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.
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12.2.2 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 30 calendar days after a Party delivers a
written notice of such dispute, then the Parties shall proceed with the mediation process contained herein.
12.2.2.1 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.
12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except
upon agreement of both parties.
12.2.2.3 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 30 calendar days of the request for mediation,
all conditions precedent in this Article shall be deemed to have occurred.
12.2.2.4 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.
12.3 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 Consultant and to claims by City:
12.3.1 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;
12.3.2 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.
12.4 In case of litigation between the parties, Consultant 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.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do
hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement 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.
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ARTICLE XIII – MISCELLANEOUS PROVISIONS
13.1 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 Consultant staff. This includes subcontracts entered into for services
under this Agreement. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant 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.
13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each
were physically included herein.
13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally
fails to comply with a requirement of that subchapter.
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 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.
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 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.7 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.
13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.10 Certificate of Interested Parties. For contracts greater than $50,000, Consultant 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/elf_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.
13.11 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
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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.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
13.12 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.
13.13 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.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the
Request for Qualifications related to this project, or in any other document prepared by Consultant and included
herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to
resolve said conflict.
[Signature Page Follows]
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CITY OF CORPUS CHRISTI HVJ Associates, Inc.
____________________________________ _____________________________________
Josh Chronley Date Frank Carmichael, PE Date
Assistant Director of Austin Branch Manager
Contracts and Procurement Senior Project Manager
1701 Director’s Blvd., Suite 910
Austin, Texas 78744
(737) 222-5151 Office
(512) 626-7869 Cell
FCarmichael@hvj.com
APPROVED AS TO LEGAL FORM:
____________________________________
Assistant City Attorney Date
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11/23/2021
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11/24/2021
___________________Authorized By
Council ________________________
M2021-226
12-14-2021
12/15/2021
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
RFQ Template 01.13.2020
Attachment A - Scope of Work
1.1. General Requirements
The City of Corpus Christi is soliciting the services of qualified consulting firms to
accomplish the services outlined in this RFQ. This project is to be performed in
accordance with the provisions contained in this RFQ. The selected firm shall
perform infrastructure management services to provide an inspection survey of the
City’s 1,210 centerline mile street network. Please note that the exact length of the
City’s street network may be lesser or greater than 1,210 centerline miles at the time
services are rendered. This effort will include the verification of the Corpus Christi
street inventory, survey and provide an assessment of pavement condition,
inventorying of public assets in the right-of-way as detailed below, preparation of
budget scenarios for maintenance based upon collected pavement conditions,
and implementation of a pavement management software to include staff
training and support for 2 years.
1.2. Scope of Work
The scope of work shall include, but will not be limited to:
x An Initial Project Meeting and Data Needs: Coordinate a project kickoff
meeting with city staff to review the project task, approach and methods,
communication methods, deliverables, schedule, and identify data needs
to complete the project. Deliver an approved project schedule to the
City.
x Data Collection Services:
o A pilot study comprised of approximately 25 test miles of streets must
be reviewed with City staff prior to collection of all mileage.
o Data will be captured in the following manners:
• Arterial and Collector streets will be assessed via two
passes, one pass in the outer-most lane for each
direction of travel.
• Local streets will be assessed via one pass in one
direction of travel.
• Improved alleyways will be assessed via zero passes and
will instead be walked by foot and visually inspected.
o All surveys shall utilize a visual (windshield) evaluation of the entire
area of each pavement section. This is crucial to ensure that trained
personnel will have an up-close view of the pavements in order to
determine critical issues including oxidation and weathering which is
essential for triggering pavement preservation treatments.
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RFQ Template 01.13.2020
x Pavement Surface Imaging:
o Use a 360-degree High-Definition Camera for data collection,
resulting in both forward and rear facing views.
• Vendor must use a downward-facing, progressive line-
scan imaging solution that utilizes laser-illumination to
provide high-resolution images of the pavement surface
to clearly detect and quantify distresses. Vendor must
obtain PCI scores at the same locations from City’s
previous data collection efforts. This will enable the City to
compare how PCI scores have changed over time.
Frame-based imaging systems-oriented oblique to the
pavement surface will not be considered for this project.
• Pavement Surface Images (JPEG format) will span, at a
minimum, the data collection lane from left lane stripe to
right lane stripe and will provide 100% continuous
pavement coverage in the direction of travel.
• Digital images shall be recorded at 15-ft maximum
intervals.
• Image resolution will be approximately 1mm-pixel so that
all visual cracking distresses can be accurately identified
and quantified while traveling at posted highway speeds.
• Pavement Images will have a minimum horizontal
resolution of 4,000 pixels or better.
o Automated distress data collection shall be performed in accordance
with ASTM D6433 Standard Practice for Roads and Parking lots
Pavement Condition Index Surveys.
o International Roughness Index (IRI) data collection shall be performed in
accordance with ASTM E950 (Standard Test Method for Measuring
Longitudinal Profile of Traveled Surfaces with an Accelerometer
Established Inertial Profiling Reference). Inertial profilers will meet the
above listed requirements and be operated in accordance with the
latest AASHTO Standards. All IRI data will be reported at the pavement
segment level.
o Rutting data shall be collected for both the left and right wheel paths
to the hundredth of an inch. Average rut depths will be reported, for left
wheel path, right wheel path, and combined average over the length
of the pavement segment. A minimum of a 3-laser sensor rut bar is
required. Rut measurements shall be in accordance with the latest
AASHTO standards.
o Cracking distress (Fatigue, Longitudinal, Transverse and corner breaks)
will be collected in accordance with the ASTM D-6433 approach to
pavement distress identification and quantification.
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RFQ Template 01.13.2020
1.3. Deliverables by Selected Consultant
At a minimum, the selected respondent must provide data collected in
electronic format through an automated system for the following:
x Pavement Inventory Survey & Condition Assessment:
x A PCI score for every segment (block by block) in the City’s street
network. The chosen firm shall use the existing condition survey
definitions when conducting the surface distress ratings and
generating the Pavement Condition Index (PCI) for each segment.
Data should be analyzed using a 0-100 pavement condition
assessment scoring scale. The deducts from a 100-point PCI scale for
each distress type should include any additional deductions taken
based on both the severity and extent of each distress type.
x The following details will be included for each street segment:
o Pavement length and width
o Distress Type
o Distress Severity
o Distress Extent
o Any other comments related to the street segment, namely
road conditions or areas identified for manual re-inspection.
x Provide geospatially referenced JPEGs of the City’s network, complete
with header information (video data collection), which are directly linked
or hyperlinked to the Asset Management Software and which can be
reviewed directly within the Asset Management Software.
x The overall database of information will be provided via shape file format
to the City for incorporation into the City GIS system. All inspection data
will be referenced to a unique street segment Id (STR_ID) as defined by the
City. In addition, data shall be referenced to the latest State of Texas
Plane Coordinate System,
NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet system. Items to be
included in the database: street name, segment length, date of
observation, surface type, roadway classification, pavement condition
index score, cracking/distress description, age of surface (where known),
and/or other information the selected consultant deems necessary. The
database should be tied to the City’s existing Street ID numbers.
x Collected distress data shall be compatible with the City’s existing data
files. The data must be compatible with Environmental Systems Research
Institute, Inc® (ESRI) ArcInfo GIS software (version 10.6.1).
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RFQ Template 01.13.2020
x ROW Infrastructure Asset Inventories:
x Where present, collect curb and gutter inventory for every segment
(block to block). The following details will be included for each
segment:
o Travel direction and Side of road
o Physical Condition as good, fair, or poor
o Painted color
o Material type
x Where present, collect pavement marking and striping inventory for
every segment (block to block). The following details will be
included for each segment:
o Marking type
o Marking color
o Physical Condition as good, fair, or poor
o Length (striping only)
x Collect Traffic Sign Inventory within every segment (block to block).
The following details will be included for each sign:
o Type of sign
o Sign text
o Physical Condition as good, fair, or poor
o Post total
o Sign face direction and travel direction
o Whether the sign is obstructed or not
o Legend and back colors
o Hump case
o Sign support structure type
x Where present, collect sidewalk inventory for every segment (block
to block). The following details will be included for each segment:
o Physical Condition as good, fair, or poor
o Width
o Length
x Where present, collect ADA ramp inventory for every segment
(block to block). The following details will be included for each
segment:
o Intersection
o Corner direction
o Whether ramps exist or not
o Ramp orientation
o Ramp type
o Physical Condition as good, fair, or poor
o Whether it is a truncated dome or not
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RFQ Template 01.13.2020
x Pavement/Asset Management Software:
x All inspection data obtained during the pavement condition rating
survey is to be imported for use in Cartegraph, a state-of-the-art
Pavement Management Software System that is compatible with
our current software platform, (PAVERTM).
x Provide the Cartegraph software as a service. Provide the City with
pavement asset management software, maintenance, and
technical support for a minimum of 2 years.
x Provide software testing. Test the configuration to ensure that all
requirements are functioning.
x Provide software training for up to 10 City staff members. Training will
take place at the Public Works Office or via WebEx.
x Final Report:
x Provide an Executive Summary signed and sealed by a
Licensed Professional Engineer of the data collection effort as
well as summarize results into tables, graphics, and descriptive
text for use by the City.
x Provide the City a Final Report with area maps illustrating all data
and findings. This report shall include:
o A recommended pavement rehabilitation and maintenance
program with a five-year schedule of projects including
probable construction costs for each.
o Additional analysis of estimated remaining pavement service
life of all studied roadway sections must also be included in
this report.
1.4. Contractor/Consultant Quality Control and Supervision
The Contractor/Consultant shall establish and maintain a complete Quality
Assurance/Quality Control Program that is acceptable to the Contract
Administrator to assure that the requirements of the Contract are provided as
specified. The Contractor/Consultant will also provide supervision of the work to
insure it complies with the contract requirements.
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Attachment C - Insurance Requirements
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) 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 by endorsement, 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,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability Including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
(Defense costs not included in face
value of the policy)
If claims made policy, retro date must be
prior to inception of agreement, have
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extended reporting period provisions and
identify any limitations regarding who is
insured.
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor 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 Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor 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. Contractor 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: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
x 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;
x 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;
x Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
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x 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.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor'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 Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H. It is agreed that Contractor'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.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit
Contracts for General Services – Services Performed Onsite – Professional Liability
04/14/2020 Risk Management – Legal Dept.
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