HomeMy WebLinkAboutC2020-059 - 2/5/2020 - NA coY..7
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, IIo CITY OF CORPUS CHRISTI
r*►*r AMENDMENT NO. 5
CONTRACT FOR PROFESSIONAL SERVICES
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The City of Corpus Christi, Texas, hereinafter called "CITY," and URBAN ENGINEERING hereinafter
called "CONSULTANT," agree to the following amendment to the Contract for Professional Services
Park Road 22 Bridge(Project No. 6281]as authorized and administratively amended by:
Original Contract October 11, 2011 Motion No. M2011-223 $1,072,714.00
Amendment No. 1 May 14,2013 Administrative Approval $49,805.00
Amendment No. 2 June 2, 2014 Administrative Approval $0.00
Amendment No. 3 January 23, 2015 Administrative Approval $49,270.00
Amendment No. 4 September 11, 2018 Administrative Approval $12,000.00
IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in
the attached Exhibit A.
IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit
A for an additional fee not to exceed $34,700.00 for a total restated fee not to exceed $1,2181489.00.
All other terms and conditions of the October 11, 2011 contract between the "CITY" and
"CONSULTANT" and of any amendments to that contract which are not specifically addressed herein
shall remain in full force and effect.
CITY OF CORPUS CHRISTI URBAN ENGINEERING
2- 5 - mr•-•••" / , 31J 2oZb
Michael Rodriguez Date Authorized Representative Date
Chief of Staff 2725 Swantner Drive
820 Buffalo Street
Corpus Christi, TX 78404
361/854-3101 Office
chipu@urbaneng.com
APPROVED AS TO FORM
Aimee Alcorn-Reed
n /ac 2020.01.31 16:35:51
-06'00'
Legal Department Date
Fund Name Accounting Account No. Activity No. Amount
Unit
6281 3546-013 550950 170062-01-3546-EXP $29,608.82
6281 3548-013 550950 170062-01-3548-EXP $5,091.18
Total 34,700.00
SCANNED
LI
_- URBAN
ENGINEERING Job No. 42481.00.00
January 8, 2020
Mr. Jeff Edmunds, P.E. Sent Via Email
Director of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Subject: Park Road 22 Bridge(Project No. 6281)—Contract Amendment No. 5
Dear Mr. Edmunds:
We are proposing Amendment No. 5 to our contract to address additional work.
Now that the project has bid and funding has been appropriated, it is time to get all of the
final permitting in place. Two permits that will need to be updated and resubmitted to the Corps of
Engineers will be a Pre-Construction Notification (PCN) and a Nation Wide 14 permit. Due to the
prolonged schedule of the project, the previous work needs to be updated and resubmitted.
We have consulted with Jay Gardner of LJA to prepare this documentation. Jay and I have
also met with Mathew Kimmel of the USACE to evaluate the work that needs to be submitted. Jay
has prepared a proposal to perform these services(attached). Urban Engineering will be updating
plans with the proposed on-site mitigation and coordination of LJA's services.
The proposed amendment will add the following fees:
• Wetland Determination $2,500
• Surveying & Drafting $6,000
• Preliminary Jurisdiction Determination $4,500
• Draft Mitigation Plan $3,500
• Pre-Construction Notification $4,200
• Nation Wide Permit Application $9,500
• Urban Engineering Coordination & Plan Update $4,500
Amendment 5 Total $34,700
Sincerely,
URBAN ENGINEERING
Rhodes"Chip" Urban, P.E., R.P.L.S.
RCU/
Cc: File
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145
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Urban Engineering MPSA
January 2020
Page 8
MEMORANDUM
TO: Urban Engineering—Chip Urban
EMAIL: ChipU@urbaneng.com
FROM: Jay Gardner NO. OF PAGES: 11 (incl.cover)
DATE: January 6,2020
SUBJECT: Professional Services Agreement and Fee Proposal
Dear Mr.Urban,
Attached is our Professional Services Agreement (PSA) and Fee Proposal for environmental
services for the site discussed with our firm. Please review both the PSA and the fee proposal and,
if acceptable, execute the agreement(s) and return to us via email at jgardner@LJA.com. The
Professional Services Agreement is good for one(1)year,and renewable by letter for an additional
two (2) more by letter. Once the PSA is enacted, then we can simply send you proposals for
additional work, which streamlines the process and allows us to serve you more efficiently and in
a timely manner.
We look forward to working with you and the rest of the team on this and other projects. Thank you
for considering LJA Environmental Services to assist you with your environmental planning,
surveying,engineering,and permitting.iSin erely,
itif 4A tigi•--
J Gardner
Project Manager
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5350 South Staples Street,Suite 425,Corpus Christi,Texas 78411
t 361.991.8550 LJAENVIRONMENTALcom
WA ENVIRONMENTAL SERVICES Offices:Arlington•Austin•Corpus Christi•Houston
PROFESSIONAL SERVICES AGREEMENT
This Agreement prepared on January 6, 2020 is by and between Urban Enginering with address at 2725 Swatner,
Corpus Christi TX 78404("Client")and LJA Environmental Services LLC("LJA"),who agree as follows:
Client engages LJA to perform professional services (the"Services")for the compensation set forth in one or
more proposals or work authorizations(the"Proposal(s)"). LJA shall be authorized to commence the Services
upon execution of the Proposal(s) by the Client. Client and LJA agree that this Agreement, the Proposal(s),
and any attachments herein incorporated by reference (the "Agreement") constitute the entire agreement
between them.
I. LJA'S RESPONSIBILITIES: LJA shall perform or furnish the Services described in the Proposals, which shall
be combined and attached as part of this Agreement. Where the terms or conditions of any Proposal conflict with those
of Parts I-Ill contained herein,the Proposal shall control for the Services performed under that Proposal only.
II. CLIENT'S RESPONSIBILITIES: Client, at its expense, shall do the following in a timely manner so as not to
delay the Services:
1. INFORMATION/REPORTS: Furnish LJA with all information, reports, studies, site characterizations,
advice, instructions,and similar information in its possession relating to the Project.
2. REPRESENTATIVE/ACCESS: Designate a representative for the Project who shall have the authority to
transmit instructions, receive information, interpret and define Client's policies,and make decisions with respect to the
Services, and provide LJA safe access to any premises necessary for LJA to provide the Services.
3. DECISIONS: Provide all criteria and full information as to requirements for the Project, obtain (with LJA's
assistance,if applicable)necessary approvals and permits,attend Project-related meetings,provide interim reviews on
an agreed-upon schedule,make decisions on Project alternatives,and participate in the Project to the extent necessary
to allow LJA to perform the Services.
III. COMPENSATION, BILLING, & PAYMENT: Client shall pay LJA for Services as denoted in the applicable
Proposal and in accordance with the standard rate schedule—Attachment B.
IV. STANDARD TERMS AND CONDITIONS:Attachment A.
The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of,the party for whom
they are signing and each of the undersigned parties has caused this Agreement to be duly executed. This Agreement
contains a limitation of liability clause and the Client has read and consents to all terms.
APPROVED FOR"CLIENT" APPROVED FOR "LJA"
Urban Engineering LJA ENVIRONMENTAL SERVICES LLC,INC.
By: By: G�t
Printed Name: Printja
ame: Jay Gardner
Title: Title: Proi t Manager /
Effective Date: Effective Date: at,---e--7lP� 0.02,0
Attachments:
A—Standard Terms and Conditions
B—Standard Rate Schedule
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ATTACHMENT A
STANDARD TERMS AM) CONDITIONS FOR SERVICES
Article 1:Services by LJA
1.1 STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice
ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed.
Professional services are not subject to, and LJA cannot provide, any warranty or guarantee, express or implied,
including those contained in any uniform commercial code, proposal, work authorization, or requisition, except as
provided herein.
1.2 Restoration. LJA will exercise reasonable care to minimize damage to the site. However,Client acknowledges
that some damage may occur in the normal course of performing the services,even if due care is exercised,and agrees
that LJA will not be liable for such damage and will be entitled to additional compensation if it is asked to perform
restoration services not expressly included in the scope of services.
1.3 Reports and Investigations. If LJA's performance of the services includes assessment,identification,or testing
services,the number of investigations and observations LJA makes,the number of samples it collects,or the number of
tests it performs are necessarily limited by budgetary and time constraints,and observations and samples by their specific
locational nature may not exactly represent similar samples or observations in the immediate vicinity. LJA does not
guarantee that all violations, problems, or sources of possible environmental condition will be identified, that all
contaminants or environmental condition will be detected/identified,or that requirements, standards,or conditions will
not change over time. Any report issued by LJA will set forth its findings and conclusions based on the limited
information available from the observations, investigations, sampling, and/or testing conducted under this Agreement.
In preparing its report, LJA may review and interpret information provided by Client, third parties, and regulatory
agencies and will be entitled to rely on the accuracy of such information,including laboratory results,without performing
an independent verification. LJA may include in its report a Statement of Limitations describing the limitations of its
investigations and findings and indicating that the report is for Client's use only and will not be relied upon by any third
party,except as expressly agreed in writing by LJA,and then only at such third party's own risk.
1.4 Documents. All reports and documents prepared and deliverable to Client pursuant to this Agreement will
become Client's property upon full payment to LJA. LJA may retain file copies of such deliverables. All other reports,
notes,calculations,data,drawings,estimates,specifications,and other documents and computerized materials prepared
by LJA are instruments of LJA's services and will remain LJA's property. All deliverables provided to Client are for
Client's use only for the purposes disclosed to LJA,and Client will not transfer them to others or use them or permit them
to be used for any extension of the services or any other project or purpose,without LJA's express written consent.
1.5 Services not included. Unless expressly included in the scope of services,LJA's services will not include the
following: (a) the detection, removal, treatment, transportation, disposal, monitoring, or remediation of any
contamination of soil or groundwater at the site by petroleum or petroleum products (collectively called "oil") or
hazardous, toxic, radioactive, or infectious substances, including any substances regulated under RCRA or any other
federal, state, or local environmental laws, regulations, statutes, rules, standards, or ordinances (collectively called
"Hazardous Materials"); (b) mechanical compaction of backfill; (c)dewatering before installation or filling tanks with
liquid or ballast following installation;(d)pump-out or disposal of product,water,or other contents from existing tanks;
(e) installation of anchor systems, foundations, shoring, or other support devices; (f) concrete, blacktop, water, sewer,
electricity,or other outside services; (g)the removal of any soil or water; (h)installation of protective fencing or other
structure; or(i)construction or monitoring. LJA will be entitled to additional compensation if it is asked to perform or
provide such services listed above. LJA will not be responsible for damage to or imperfections in any concrete slabs it
installs unless they are protected by Client from traffic for seven days.
1.6 Estimates. Any estimates of probable construction or implementation costs, financial evaluations,feasibility
studies, or economic analyses prepared by LJA will represent its best judgement based on its experience and available
information. However, Client recognizes that LJA has no control over costs of labor,materials,equipment,or services
furnished by others or over market conditions or contractors'methods of determining prices. Accordingly,LJA does not
guarantee that proposals,bids,or actual costs will not vary from opinions,evaluations,or studies submitted by LJA.
1.7 Other Contractors. Except to the extent expressly agreed in writing,LJA will not have any duty or authority
to direct,supervise,or oversee any contractors of Client or their work or to provide the means,methods,or sequence of
their work or to stop their work. LJA's services and/or presence at a site will not relieve others of their responsibility to
Client or to others. LJA will not be liable for the failure of Client's contractors or others to fulfill their responsibilities,
and Client agrees to indemnify,hold harmless,and defend LJA against any claims arising out of such failures.
1.8 Litigation support. LJA will not be obligated to provide expert witness or other litigation support related to
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its services, unless expressly agreed in writing. In the event LJA is required to respond to a subpoena, government
inquiry, or other legal process related to the services in connection with a proceeding to which it is not a party, Client
will reimburse LJA for its costs and compensate LJA at its then standard rates for the time it incurs in gathering
information and documents and attending depositions,hearings,and the like.
1.9 Warranty. If manufactured products are purchased by LJA and furnished to Client or incorporated into the
work, LJA will assign to Client any warranties provided by the manufacturer, to the extent they are assignable, and
Client's sole resource will be against the manufacturer. NO FURTHER WARRANTIES OR GUARANTIES,EXPRESS
OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS
AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Full risk of loss of materials and equipment furnished
by LJA will pass to Client upon their delivery to Client's premises, and Client will be responsible for protecting them
against theft and damage. However, until LJA is paid in full, it will retain title for security purposes only and the right
to repossess the materials and equipment.
Article 2:Responsibilities of Client
2.1 Client requirements. Client,to the best of its ability,without cost to LJA,will:
(a) Designate to LJA a person to act as Client's representative;
(b) Provide or arrange for access and make all provisions for LJA to enter any site where services are to be
performed;
(c) Furnish LJA with all reasonably available information pertinent to the services;
(d) Furnish LJA with a legal description of the site and all available surveys, site plans, and relevant information
about site conditions, topography, boundaries, easements, zoning, land use restrictions, and right-of-ways, if
available and as needed;
(e) Furnish LJA with all approvals,permits,and consents required for performance of the services except for those
LJA has expressly agreed in writing to obtain;
(f) Notify LJA promptly of all known or suspected Hazardous Materials at the site,of any contamination of the site
by Oil or Hazardous Material,and of any OTHER CONDITIONS REQUIRING SPECIAL CARE,and provide
LJA with any available documents describing the quantity, nature, location, and extent of such materials.
contamination,or conditions;
(g) Comply with all laws and provide any notices required to be given to any government authorities in connection
with the services,except for such notices LJA has expressly agreed in writing to give;
(h) Before commencement of any drilling or excavation at a site, furnish LJA with a complete description(to the
best of their ability) of all underground objects and structures at the site, including, but not limited to, wells,
tanks, and utilities; and indemnify, hold harmless, and defend LJA against claims arising out of damages to
underground objects or structures not properly defined;
(i) Provide LJA with information concerning prior owners of the site and any current or historical uses of or
activities on the site by Client,prior owners,or others,as needed;
(j) Furnish to LJA any known contingency plans related to the site;and
(k) Furnish to LJA any previous environmental audits and/or assessments related to the site.
2.2 Hazards. Client represents and warrants that it does not have any knowledge of Hazardous Materials or Oil,
or unusually hazardous conditions at the site or of contamination of the site by Oil or Hazardous Materials except as
expressly disclosed to LJA in writing.
2.3 Confidentiality. Client acknowledges that the technical and pricing information contained in this Agreement
is confidential and proprietary to LJA and agrees not to disclose it or otherwise make it available to others without LJA's
express written consent.
2.4 Health and safety. Client acknowledges that it is now and will at all times remain in control of the project site,
and Client acknowledges and agrees that it retains title to all conditions existing on the site and shall report to the
appropriate public agencies,as required,any conditions at the site that may present a potential danger to the public health,
safety,or the environment. Client waives any claim against LJA for injury or loss arising from such conditions. Except
as expressly provided herein,LJA will not be responsible for the adequacy of the health or safety programs or precautions
related to Client's activities or operations, Client's other contractors, the work of any other person or entity,or Client's
site conditions. LJA will not be responsible for inspecting,observing,reporting,or correcting health or safety conditions
or deficiencies of Client or others at Client's site. So as not to discourage LJA from voluntarily addressing health or
safety issues while at Client's site,in the event LJA does address such issues by making observations,reports,suggestions,
or otherwise, LJA will nevertheless have no liability or responsibility arising on account thereof. Client agrees to
indemnify,hold harmless,and defend LJA to the fullest extent permitted by law against any and all claims arising out of
such programs, activities, conditions, or deficiencies unless LJA is responsible for gross negligence with regard to its
work.
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Article 3:Changes;Delays; Excused Performance
3.1 Changes. Unless this Agreement expressly provides otherwise, LJA's proposed compensation represents its
best estimate of the costs, effort, and time it expects to expend in performing the services based on its reasonable
assumption of the conditions and circumstances under which the services will be performed including,but not limited to,
those stated in Section 3.2. As the services are performed, conditions may change or circumstances outside LJA's
reasonable control (including changes of law or regulatory policy) may develop that would require LJA to expend
additional costs,effort,or time to complete the services,in which case LJA will notify Client,and an equitable adjustment
will be made to LJA's compensation. In the event conditions or circumstances require the services to be suspended or
terminated,LJA will be compensated for services previously performed and for costs reasonably incurred in connection
with the suspension or termination.
3.2 Assumptions. Unless specified in writing,LJA's compensation is based on the assumption that:(a)there is no
impact spoil or excavation of natural resources on or adjacent to the site that has not been disclosed to LJA by the client;
(b)there is no contamination of soil or groundwater at the site by Oil or Hazardous Materials that has not been disclosed
to LJA by Client, (c)LJA will not encounter any underground structures,utilities, boulders,rock, water,running sand,
or other unanticipated conditions in the course of drilling or excavation;(d)tank installations will not require dewatering
by LJA;and(e)if LJA's scope of services includes services related to petroleum facilities or storage tanks,groundwater
will not cause tanks to float or require the use of Ballast. LJA will be compensated for any additional efforts expended
or costs incurred in addressing such conditions.
3.3 Force majeure. LJA will not be responsible for any delay or failure of performance caused by fire or other
casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or
omission of Client or its contractors, failure of Client or any government authority to timely review or to approve the
services or to grant permits or approvals,or any other cause beyond LJA's reasonable control. In the event of such delay
or failure,the time for performance will be extended by a period equal to the time lost plus a reasonable recovery period,
and the compensation will be equitably adjusted to compensate for any additional costs LJA incurs due to any such delay.
3.4 Disputes. If any claim or dispute arises out of this Agreement or its performance,the parties agree to endeavor
in good faith to resolve it equitably through negotiation or,if that fails,through nonbinding mediation under the rules of
the American Arbitration Association, before having recourse to the courts. However,prior to or during negotiation or
mediation,either party may initiate litigation that would otherwise become barred by a statute of limitation,or LJA may
pursue any property liens or other rights it may have to obtain security for the payment of its invoice.
Article 4:Compensation
4.1 Rates. Unless otherwise agreed in writing,LJA will be compensated for its services at its standard rates and
will be reimbursed for costs and expenses (plus reasonable profit and overhead) incurred in its performance of the
services.
4.2 Invoices. LJA may invoice Client on a monthly or other progress billing basis. Invoices are due and payable
upon receipt by Client. On amounts not paid within 30 days of invoice date, Client will pay interest from invoice date
until payment is received at the lesser of 1.5%per month or the maximum rate allowed by law. If Client disagrees with
any portion of an invoice,it will notify LJA in writing of the amount in dispute and the reason for its disagreement within
21 days of receipt of the invoice,and will pay the portion not in dispute.
4.3 Suspension,etc. LJA may suspend or terminate the services at any time if payment is not received when due
and will be entitled to compensation for the services previously performed and for costs reasonably incurred in connection
with the suspension or termination.
4.4 Collection: Client will reimburse LJA for LJA's costs and expenses (including reasonable attorneys' and
witnesses'fees)incurred for collection under this Agreement.
4.5 Taxes,etc. Except to the extent expressly agreed in writing,LJA's fees do not include any taxes,excises,fees,
duties,or other government charges related to the goods or services provided under this Agreement,and Client will pay
such amounts or reimburse LJA for any amounts it pays. If Client claims that any goods or services are subject to a tax
exemption or direct payment permit, it will provide LJA with a valid exemption or permit certificate and indemnify,
defend,and hold LJA harmless from any taxes,costs,and penalties arising out of the use or acceptance of same.
Article 5: Insurance and Allocation of Risk
5.1 Insurance. LJA will maintain insurance coverage for Professional Liability,Commercial Liability,Auto,and
Workers'Compensation in amounts in accordance with legal and business requirements. Certificates evidencing such
coverage will be provided to Client upon request. For Projects involving construction, Client agrees to require its
construction contractor, if any, to include LJA as an additional insured on its policies relating to the Project. LJA's
coverages referenced above shall,in such case,be excess over any contractor's primary coverage.
5.3 LJA indemnification. To the fullest extent permitted by law, LJA shall indemnify and hold harmless Client
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from and against loss,liability,and damages sustained by Client,its agents,employees,and representatives by reason of
injury or death to persons or damage to tangible property to the extent caused directly by LJA's the failure to adhere to
the standard of care described herein
5.4 Limitation of liability. No employee or agent of LJA shall have individual liability to Client. LJA's aggregate
liability for any and all claims arising out of this Agreement or out of any goods or services furnished under this
Agreement,whether based in contract,negligence,strict liability,agency,warranty,tort,trespass,or any other theory of
liability, will be limited to $10,000 or the total compensation received by LJA from Client under this Agreement,
whichever is the lesser. In no event will LJA be liable for special, indirect, incidental, or consequential damages,
including commercial loss,loss of use,or lost profits,however caused,even if LJA has been advised of the possibility of
such damages. Any claim will be deemed waived unless made by Client in writing and received by LJA within one
year after completion of the services with respect to which the claim is made.
5.5 Consequential Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST
REVENUES,PROFITS,DELAYS, OR OTHER ECONOMIC LOSS ARISING FROM ANY CAUSE INCLUDING
BREACH OF WARRANTY, BREACH OF CONTRACT,TORT, STRICT LIABILITY OR ANY OTHER CAUSE
WHATSOEVER, NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY.
REGARDLESS OF LEGAL THEORY,LJA SHALL BE LIABLE ONLY TO THE EXTENT THAT ANY DAMAGES
SPECIFIED HEREIN ARE FOUND BY A FINAL COURT OF COMPETENT JURISDICTION TO HAVE BEEN
THE SEVERAL LIABILITY OF LJA. TO THE EXTENT PERM1 IED BY LAW,ANY STATUTORY REMEDIES
THAT ARE INCONSISTENT WITH THIS PROVISION OF THE AGREEMENT ARE WAIVED.
5.6 Employee injury. Client agrees not to impede or to bring an action against LJA based on any claim or personal
injury or death occurring in the course or scope of the injured or deceased person's employment with LJA and related to
the services performed under this Agreement.
5.7 Defense. Any defense of LJA required to be provided by Client under this Agreement will be with counsel
selected by LJA and reasonably acceptable to Client.
Article 6:Hazardous Materials Provisions
6.1 Hazardous Materials. Except to the extent expressly agreed in writing,LJA's services do not include directly
or indirectly performing or arranging for the detection,monitoring,handling,storage,removal, transportation,disposal,
or treatment of petroleum or petroleum products (collectively called "Oil") or of any hazardous, toxic,radioactive, or
infectious substances,including any substances regulated under RCRA or any other federal or state environmental laws
(collectively called"Hazardous Materials"). The discovery or reasonable suspicion of Hazardous Materials or hazardous
conditions at a site where LJA is to perform services or of contamination of the site by Oil or Hazardous Materials not
previously disclosed to LJA in writing will entitle LJA to suspend its services immediately,subject to mutual agreement
of terms and conditions applicable to any further services,or to terminate its services and to be paid for services previously
performed. In no event will LJA be required or construed to take title, ownership, or responsibility for such Oil or
Hazardous Materials.
6.2 Manifests. In the event that the scope of services includes the remediation of any Oil or Hazardous Materials,
before LJA removes from a site any Oil or Hazardous Materials, Client will sign any required waste manifests in
conformance with all DOT and other government regulations, listing Client as the generator of the waste. If someone
other than Client is the generator of the waste,Client will arrange for such other person to sign such manifests. LJA will
not directly or indirectly assume title to or own or be deemed to possess any materials handled or removed from any site,
including Oil or Hazardous Materials. Nothing in this Agreement will be construed to make LJA a"generator"as defined
in RCRA or any similar laws governing the treatment, storage, or disposal of waste. Except to the extent LJA's
responsibilities expressly include identification of the waste,Client will provide waste material profiles,which accurately
characterize the waste. If the services include transportation of Hazardous Materials or Oil, LJA may evaluate and
recommend possible disposal sites for Client's use. However,under RCRA and CERCLA,the client,as generator,has
ultimate responsibility for selection of the disposal site. Client acknowledges and agrees that it will evaluate and select
the proper disposal site and be solely responsible therefore.
6.3 Hazardous Materials indemnification. Client acknowledges that LJA does not have any responsibility for
preexisting Oil and Hazardous Materials at the site,any resultant contamination there from,or,except as expressly agreed
in writing, for previous detection, monitoring, handling, storage, transportation, disposal, or treatment, that LJA's
compensation is not commensurate with the unusually high risks associated with such materials,and that insurance is not
reasonably available to protect against such risks. Therefore, for separate consideration of$10 and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, and in addition to the
indemnification provided in Section 5.2,Client agrees to indemnify,hold harmless,and defend LJA against all damages
arising out of or related to Oil or Hazardous Materials located at or removed from the site,including damages such as the
cost of response or remediation arising out of application of common law or statues such as CERCLA or other
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"Superfund"laws imposing strict liability.
Article 7:Miscellaneous Provisions
7.1 Confidential information. Although LJA generally will not disclose without Client's consent information
provided by Client or developed by LJA in the course of its services and designated by Client as confidential (but not
including information which is publicly available, is already in LJA's possession, or obtained from third parties),LJA
will not be liable for disclosing such information if it in good faith believes such disclosure is required by law or is
necessary to protect the safety,health,property,or welfare of human beings. LJA will advise Client(in advance,except
in emergency)of any such disclosure.
7.2 Notices. Notices between the parties will be in writing and will be hand delivered or sent by certified mail or
acknowledged telefax properly addressed to the appropriate party.
7.3 Assignment, etc. Neither the Client nor LJA will assign or transfer any rights or obligations under this
Agreement,except that LJA may assign this Agreement to its affiliates and may use subcontractors in the performance
of its services. Nothing contained in this Agreement will be construed to give any rights or benefits to anyone other than
the Client and LJA,without the express written consent of both parties. The relationship between Client and LJA is that
of independent contracting parties, and nothing in this agreement or the parties' conduct will be construed to create a
relationship of agency,partnership,or joint venture.
7.4 Governing Law,Venue,and Headings. This Agreement will be governed by and construed in accordance
with the laws of the State of Texas without giving effect to any conflict or choice of law rules or principles under which
the law of any other jurisdiction would apply. Each party hereby submits to the jurisdiction of the federal and state courts
located in Nueces County and agrees that such courts shall be exclusive forum and venue for resolving any legal suit,
action or proceeding arising out of or relating to this Agreement. The headings in this Agreement are for convenience
only and are not a part of the agreement between the parties.
7.5 Survival. All obligations arising prior to this Agreement and all provisions of this Agreement allocating
responsibility or liability between the parties will survive the completion of the services and the termination of this
Agreement.
7.6 Entire agreement. This Agreement supersedes all prior agreements and, together with any work release
document issued under this Agreement and signed by both parties, constitutes the entire agreement between the parties.
Any amendments to this Agreement will be in writing and signed by both parties. In no event will the printed terms on
any purchase order, work order, or other document provided by Client modify or amend this Agreement, even if it is
signed by LJA, unless LJA signs a written statement expressly indicating that such terms supersede the terms of this
Agreement. In the event of an inconsistency between these General Conditions and any other writings,which comprise
this Agreement,the other writings will take precedence.
EXHIBIT'A'
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C:\Users\jgardner\Desktop\proposals\Axys PR 22 Bridge\MPSA Urban 1-2020.docx
Urban Engineering MPSA
January 2020
Page 7
ATTACHMENT B
2020 PERSONNEL RATE SCHEDULE
Personnel Hourly Billing Rate
Project Director/Principal $195.00
Senior Associate $180.00
Senior Project Manager $170.00
Project Manager/Registered Environmental Manager $165.00
Professional Geologist $160.00
Health/Safety Officer/Chemist $160.00
NEPA Specialist $150.00
Project Coordinator $130.00
Wetlands Biologist/Ecologist $125.00
Soil Scientist/Geologist $125.00
Senior GIS Analyst/UAV Pilot $125.00
GIS Analyst $110.00
Field Technician $85.00
In-House Technician/Administrator $80.00
CADD Sr.Analyst $110.00
CADD Analyst $250.00
Administrative/Word Processing $65.00
Specialist Subcontractors Cost+ 15%
Above rates include all normal expenses of LJA's business,including mailing charges,in-house photocopying,long distance telephone
costs,in-house graphic systems,and local area travel,unless otherwise stated in the agreement. Expenses,such as travel beyond fifty
(50)miles,outside photocopying,delivery charges,photographic reproduction,and other outside services,are considered reimbursable
by the client at rate of cost+15%. Any extraordinary reimbursable expenses,in excess of$250.00 must have authorization from the
client.
NOTE: The rate schedule is for the current fiscal year, with an effective date of January 1. Hourly rates are adjusted annually as
inflation dictates. If this contract spans more than one fiscal year(ending December 31),hourly rates may be adjusted. Regardless of
any rate adjustment,the"not to exceed"figures in a contract will not change.
EXHIBIT'A'
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C:\Users\jgardner\Desktop\proposals\Axys PR 22 Bridge\MPSA Urban 1-2020.docx
111
5350 South Staples Street,Suite 425,Corpus Christi,Texas 78411
t 361991.8550 LJAENVIRONMENTALcom
LJA ENVIRONMENTAL SERVICER Offices:Arlington•Austin•Corpus Christi•Houston•McKinney
January 6, 2020 LJAES FEE PROPOSAL
Urban Engineering
Attn: Chip Urban
2725 Swatner
Corpus Christi TX 78404
Re: TxDoT R.O.W/PR 22 Bridge— Survey, Preliminary Jurisdictional
Determination, and Nationwide Permitting
Dear Mr. Urban:
The following Fee Proposal is provided to you (the "Client") in conjunction with the
Professional Services Agreement also provided to you for surveying, drafting, and
environmental permitting services. This proposal is for a wetland
determination/preliminary jurisdictional determination (PJD) and assumed nationwide
permitting (NWP #14) for the TxDoT ROW associated with the proposed PR 22 Bridge
(the "project"), on Padre Island in Nueces County, Texas. LJA Environmental Services,
LLC ("LJA Environmental" or "LJAES") will provide special attention to completing the
work in a timely and professional manner. We will begin the wetland determination for
the preliminary jurisdictional determination (PJD) upon your acceptance and execution of
this proposal.
LJA is proposing to provide the following services under this proposal: Task I) field wetland
determination (N-WD), Task II) surveying and drafting (N-SUR), Task III) PJD (N-PJD),
Task IV Mitigation plan development(N-MIT), Task V Preconstruction Notification (N-PCN)
and Task VI Nationwide Permit #14 application (N-PER). The scope of work below on the
following pages describes each service in more detail.
RIGHT OF ENTRY
Unless otherwise stated, it is assumed that the client has the authority to enter the property
for purposes of conducting site visits and herein grants that authority to LJA.
PROVIDED BY OWNER
1. Full Scope of Project
2. Previous jurisdictional determination/permits (NOTE: previously provided)
LJAES proposes to provide the following services described in below to the Client for the
following Time and Material (`T&M") Not-to-Exceed ("NTE") amounts:
TASK I: WETLAND DETERMINATION $2,500.00
TASK II: SURVEYING AND DRAFTING $6,000.00
TASK III: PJD FORM $4,500.00
TASK IV: MITIGATION PLAN DRAFT $3,500.00
EXHIBIT'A'
C:\Users\jgardner\Desktop\proposals\Axys PR 22 Bridge\Fee proposal PR 22 bridge Urban NWP l-2020.docx Page 10 of 13
TASK V: PRECONSTRUCTION NOTIFICATION $4,200.00
TASK VI: ENV. NWP APPLICATION $9,500.00
FEE PROPOSAL TOTAL $30,200.00
SCOPE OF WORK
TASK I —Wetland Determination (Waters of the United States)
LJAES will complete a preliminary investigation on the referenced site. The wetland
determination will be based the presence or absence of hydrophytic vegetation. No soils
will be characterized. Hydrologic connection field notes will be taken. LJAES will use the
field notes data sheets to produce an exhibit indicating the general location and boundary
of any identified potential Waters of the United States, including wetlands. The exhibit will
be provided to the client with a report describing the findings before proceeding to the next
phase.
TASK II — Surveying and Drafting
Based on the information collected under Task I and information provided by the client,
LJA Surveying will complete surveying along approximately 1 mile of ROW along PR 22
in the vicinity of the proposed project. This will include control and benchmarks. This will
be accomplished via transects along both sides of the road. The points to be taken will
be edge of pavement, shoulder, bottom of ditch, and top of ditch extending to the edge of
the ROW. This will also include general topography and boundary of the proposed
mitigation site. Drafting will include rendering the field data, georeferencing, and
producing a drawing of the existing wetlands, as well as mitigation area.
TASK III— PJD Form
Based on the information collected under Task I and information provided by the client
regarding the proposed impacts, LJAES will complete the PJD form and required photolog
with data sheet conclusions as directed by the US Army Corps of Engineers ("USACE").
This will include the data from the field investigation, as well as professional services
regarding the presence/absence of jurisdictional wetlands, based on the clients desire to
move forward in the most time efficient manner. The PJD report will be coordinated with
the client before moving forward to the next task.
TASK IV— Mitigation Plan Development
Coordination with the client and the City of Corpus Christi will be conducted concurrently
as the rest of the tasks, and a mitigation plan, whether on-site or off-site will be developed
and proposed. The PJD and proposed mitigation alternatives will be coordinated with the
USACE, client(s) and resource agencies during a Joint Evaluation Meeting (JEM) in
anticipation of a permit authorization/concurrence application will be made. The results
of the meeting will be used in the next task.
TASK V— Preconstruction Notification
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The District Engineer recommended in an early meeting that a preconstruction notification
(PCN) be drafted and submitted to the USACE in the event that interagency coordination
will be required by the process. While it is not expected that the particular PCN will be
exhaustive, it will need to be more than adequate to ensure that it is determined
administratively complete and avoid delays in processing.
TASK VI — Nationwide Permit Application
Based on the information at the time of this proposal, as well as early conversations with
the USACE, it is assumed that the PR 22 bridge may be permitted under Nationwide
Permit #14, Linear Transportation Projects. A full application, PCN, ENG From 4345,
formal 12-point mitigation plan, and the PJD form, including exhibits, will be drafted,
coordinated with the client, and submitted to the USACE. Due to USACE requirements,
and the expected abbreviated time-frame, constant coordination with the USACE will
occur during the 45-day review period to ensure that the application is considered
administratively complete at the earliest possible time. This may include responding to
comments from potential inter-agency coordination if the District Engineer (DE) deems
the project's impacts to warrant referenced coordination. This may also include an
addendum including avoidance and minimization discussion in conjunction with the
clients.
Exclusions —These tasks do not include coordination with the Texas Historical
Commission regarding historical or cultural resources, formal consultation with the US
Fish and Wildlife, mitigation construction drawings, conservation easements, application
fees, an alternatives analysis, or coordination with TX Department of Transportation. If
any of these, or other tasks, are requested by the Client, then an additional proposal will
be provided.
CONFIDENTIALITY OF ASSESSMENT
The assessment and all related work and services of LJAES and LJA Survey are
confidential. LJAES is hereby employed by the client pursuant to this contract. Under such
contract relationship, all correspondence, written or oral, which relates to the findings of this
study are, to the extent permitted by law, strictly confidential between the parties hereto,
unless LJAES receives a written request from the client to offer the work products to a third
party not a part of this agreement/proposal (i.e. the City of Corpus Christi). Feasibility
studies may occasionally uncover sensitive findings. It is the responsibility of LJAES to
report these findings to the authorizing client and to no other party.
PROJECT SCHEDULE
Tasks I-Ill are anticipated to be complete within ten (10) calendar days of the receipt of an
executed proposal by LJAES. Tasks III-IV are estimated to be submitted to the Client within
the next week, dependent on the development of a mitigation plan, and landowner
permission for referenced mitigation plan, and the timing/outcome of scheduling and
conducting the JEM meeting. Submittal of the permit concurrence application and materials
(Tasks V and VI) will occur as soon as the plans are conditionally accepted by the Client
and resulting parties. Further coordination with the resource agencies and potentially the
mitigation land owner will continue as needed, with no time frame assured by LJAES.
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BASIC COMPENSATION AND METHOD OF PAYMENT
Invoices for all hourly work will be submitted monthly. Payment of all invoices is expected
within thirty (30) days of the client's receipt of the invoice submitted by LJAES. If a specific
task is not necessary, as determined by LJAES in consultation with the client, it may not be
performed in order to reduce charges to the client. Additional tasks may be requested by
the client and will be proposed in the form of an additional fee proposal ("proposal") in the
future. If additional tasks or changes requested by the client require more than a 10%
overage (as described above), LJAES will provide the client with an appropriate change
order.
If this fee proposal meets with your approval, your signature below in accordance with
terms outlined in the Professional Services Agreement will be authorization to commence
the work. We appreciate the opportunity to submit this proposal and look forward to
working with you on completion of this project. If you have any questions, please feel free
to call me at any time at 361.991.8550.
Sincerely,
alijandik--- Accepted By Urban Engineering
J y Gardner By:
LJA Environmental Services, LLC
Title:
Date:
EXHIBIT'A'
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Park Road 22 Bridge
Project No. 6281
Summary of Fees
Original Contract Amend No.1 Amend No. 2 Amend No.3 Amend No.4 Amend No.5 Total
Basic Services
1 Preliminary Phase $131,250.00 $25,000.00 $0.00 $0.00 $0.00 $0.00 $156,250.00
2 Design Phase 364,000.00 86,700.00 63,200.00 17,950.00 12,000.00 0.00 $543,850.00
3 Bid Phase 7,250.00 1,800.00 0.00 0.00 0.00 0.00 $9,050.00
4 Construction Administration Phase 52,500.00 17,500.00 0.00 0.00 0.00 0.00 $70,000.00
Subtotal Basic Services 555,000.00 131,000.00 63,200.00 17,950.00 12,000.00 0.00 779,150.00
Additional Services(Allowance)
1 Permit Preparation
US Army Corps of Engineers 180,000.00 -92,120.00 7,100.00 4,200.00 0.00 34,700.00 $133,880.00
NPDES Permit/Amendments 3,000.00 0.00 0.00 0.00 0.00 0.00 $3,000.00
TXDOT Categorical Exclusion 101,534.00 2,725.00 5,650.00 33,820.00 0.00 0.00 $143,729.00 ,
Public Meetings for CE(2 Mtgs) 20,000.00 0.00 0.00 0.00 0.00 0.00 $20,000.00
Public Hearing for CE 10,850.00 0.00 0.00 11,350.00 0.00 0.00 $22,200.00
Texas Department of License and Regulation 2,500.00 0.00 0.00 0.00 0.00 0.00 $2,500.00
Coast Guard Permit Section 9 19,830.00 0.00 0.00 0.00 0.00 0.00 $19,830.00
Total Permitting 337,714.00 -89,395.00 12,750.00 49,370.00 0.00 34,700.00 345,139.00
2 Public Meetings 5,000.00 0.00 0.00 0.00 0.00 0.00 5,000.00
3 Topogfraphic Survey(Authorized) 50,000.00 8,200.00 0.00 0.00 0.00 0.00 58,200.00
4 Subsurface Utility Investigation (Authorized) 16,500.00 0.00 0.00 0.00 0.00 0.00 16,500.00
5 Construction Observation Services 94,000.00 0.00 -75,950.00 -18,050.00 0.00 0.00 0.00
6 Environmental Issues 8,000.00 0.00 0.00 0.00 0.00 0.00 8,000.00
7 Start-Up Services(Lift Station) 3,000.00 0.00 0.00 0.00 0.00 0.00 3,000.00
8 Warranty Phase 3,500.00 0.00 0.00 0.00 0.00 0.00 3,500.00
Subtotal Additional Services 517,714.00 -81,195.00 -63,200.00 31,320.00 0.00 34,700.00 439,339.00
Total Authorized Fee $1,072,714.00 $49,805.00 $0.00 $49,270.00 $12,000.00 $34,700.00 $1,218,489.00
10/11/11 05/14/13 06/02/14 01/23/15 09/11/18
M2011-223 Admin Approval Admin Approval Admin Approval Admin Approval
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