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HomeMy WebLinkAboutC2020-404 - 11/17/2020 - ApprovedSERVICE AGREEMENT NO. 1829 CITY OF CORPUS CHRISTI AMENDMENT NO. 4 to the CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called “CITY,” and LJA ENGINEERING , hereinafter called “CONSULTANT,” agree to the following amendment to the Contract for Professional Services LAGUNA SHORES ROAD FROM CARIBBEAN DR TO HUSTLIN’ HORNET DR (Project No. 18024A) as authorized and administratively amended by: Original Contract July 17, 2018 Administrative Approval $49,900.00 Amendment No. 1 August 21, 2018 Motion No. M2018-140 $702,125.00 Amendment No. 2 August 21, 2019 Administrative Approval $36,530.00 Amendment No. 3 July 31, 2020 Administrative Approval $22,530.00 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 $96,055.00 for a total revised fee not to exceed $907,140.00. All other terms and conditions of the July 17, 2018 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 LJA ENGINEERING ________________________________ ___________________________ Michael Rodriguez Date Jeff Coym, P.E. Date Chief of Staff Vice President 5350 So. Staples St., Ste. 425 Corpus Christi, TX 78411 361/991-8550 Office jcoym@lja.com APPROVED AS TO FORM ________________________________ Legal Department Date _________________________________ ________________________AUTHORIZED Rebecca Huerta Date City Secretary BY COUNCIL________________________ ___________________________________ DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABE 10/21/2020 DocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD 10/21/2020 11/17/2020 M2020-227 11/19/2020 11/19/2020 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\01-18-02361-CO4 (18024A AMENDMENT NO. 4 REV. 10-14-2020.docx AMD NO. 4 EXHIBIT ‘A’ Page 1 of 3 October 14, 2020 AMENDMENT NO. 4 City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. Jeff Edmonds, P.E. Director of Engineering Services RE: Engineering Services Agreement Between City of Corpus Christi and LJA Engineering, Inc. Laguna Shores Rd. (Hustlin’ Hornet to Caribbean Dr.) (Project No. 18024A) Contract Amendment No. 4 – Laguna Shores Segment No. 2 LJA Proposal No. 18-02361-CO4/ LJA Project No. C007-18000 Dear Mr. Edmonds, I. SCOPE OF WORK We have prepared Contract Amendment No. 4 (CA4) to our Laguna Shores Rd (Hustlin’ Hornet to Caribbean Dr.) A/E Contract to cover additionally requested efforts necessary to complete the environmental permitting and increase the T&M not to exceed amount for construction phase services for Laguna Shores Segment No. 2 as follows: Basic Services (Construction Phase (T&M) 4. Construction Phase (T&M) This amendment amount is proposed to increase the total Not to Exceed amount of the Construction Phase Contract item necessary to see the project through completion. Additional Services (1d. USACE Individual Permit and 1g. Mitigation Plan Development, T&M) 1d. USACE Individual Permit: This phase experienced unforeseen overruns due to several modifications to the original scope from both internal and external forces. Required internal changes were made to the permit application from the H&H Studies performed on the four (4) drainage culvert crossings; several revisions to the application occurred due to the inclusion of the crossings being widened, and the need for dredging/filling and impacts to wetlands as a result of these findings. Several changes were also required regarding the drainage easement and negotiations with the current landowner upon discoveries of conflicting information regarding Gadwell (a non- platted, non-paper “street”) and several City owned easements. These issues, and the resolution of them, could not have been known at the time the project was originally scoped. Externally, the USACE determined that the consultant would be responsible for providing and coordinating the public notice regarding the project. The public notice is typically the responsibility of the USACE, and this unique request incurred additional time. The City provided a lengthy list of landowners in Flour Bluff, however the USACE determined that they only wanted the immediately adjacent landowners. This required additional time to sort the approximately 800 people from the City’s list down to 254 immediate landowners. In addition, DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Mr. Jeff Edmonds, P.E. City of Corpus Christi October 14, 2020 Page 2 of 3 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\01-18-02361-CO4 (18024A AMENDMENT NO. 4 REV. 10-14-2020.docx AMD NO. 4 EXHIBIT ‘A’ Page 2 of 3 the USACE required the consultant to print the labels and deliver them to the USACE. The USACE has also indicated that due to public comments, another public meeting will need to be prepared for and conducted. This is above and beyond normal application processing. In addition, early comments from the USACE has indicated that during processing, it will require additional field studies and analysis above and beyond a typical Individual Permit due to the nature of the hydrologic restoration of the mitigation plans that is being proposed. TPWD has also recently indicated that they will require similar additional field studies, and the USFWS has indicated that they will require unanticipated consultation regarding potential impacts to endangered species during processing. These field studies will be in lieu of 5 years of post- construction monitoring, which is not currently proposed in the application. While there are additional costs with these studies up front, there is substantial cost savings over the life of the project by avoiding the 5 years of monitoring in the future. This will require the project manager to perform an additional 50 hours of work, with CAD support of an additional 40 hours $12,850.00 be added to the lump sum amount for this line item. 1g. Mitigation Plan Development (T&M): The mitigation plan estimate could not have been known at the initiation of the project, as mitigation plans are developed during a project. This mitigation plan has evolved as anticipated, however there have been confounding issues along the way. The flooding of the Oakdale neighborhood could not have been identified in the beginning. Coordination with the FBISD was also unanticipated but needed to occur at the time. Additional coordination with the agencies (TPWD and USFWS) due to hydrologic mitigation could not have been foreseen in the beginning either. The discovery of additional easements, and a plat that was filed with the County but did not include the easements regarding the mitigation plan has also been a difficulty that has required additional time and effort. The mitigation plan has also been revised several times due to additional impacts from the H&H study, which identified the need to increase the size of the four (4) drainage channels. In addition, the USACE has indicated that it will require additional information regarding the hydrologic restoration mitigation during the processing and approval of the mitigation plan. The TPWD also indicated that based on impacts to their portion of Redhead Pond that additional coordination will be required during the agency coordination period. The current proposed mitigation plan will also need to be coordinated with the adjacent landowner, which will require additional meetings, negotiations, a re-plat, and filing these documents with the City and County. We are estimating that an additional 80 hours for project management, 120 hours of Designer efforts, 200 hours of CAD support and 160 hours of Survey Tech, resulting in $58,200.00 be added to the “not-to-exceed” amount for this line item and be invoiced on a Time and Materials basis. II. CONTRACT CONDITIONS LJA will perform the above-described work for the fees established below and shown in the attached manhour analysis. Any engineering efforts requested outside of the stated scope of work will require another amendment to the contract and additional fees. The scope of work in this Amendment does not include any mitigation plan monitoring efforts. Should they be required as a condition of the final permit, LJA can provide additional fees for those services if needed. DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Mr. Jeff Edmonds, P.E. City of Corpus Christi October 14, 2020 Page 3 of 3 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\01-18-02361-CO4 (18024A AMENDMENT NO. 4 REV. 10-14-2020.docx AMD NO. 4 EXHIBIT ‘A’ Page 3 of 3 III. BASIS OF COMPENSATION LJA proposes to perform the above-described scope of work for a combination of Lump Sum fees and Time and Materials basis. The total cumulative amount of this Amendment is $96,055.00 as shown on the attached “Summary of Fees” and described herein. TASK FEE BASIC SERVICES 4. Construction Phase (T&M) $25,005.00 ADDITIONAL SERVICES 1d. USACE Individual Permit $12,850.00 1g. Mitigation Plan Development (T&M): $58,200.00 TOTAL LAGUNA SHORES SEGMENT NO. 2 AMENDMENT NO. 4 $96,055.00 IV. SCHEDULE OF PAYMENT Invoices shall be prepared, submitted and paid on a monthly basis in accordance with the Original Contract. Invoices will be based upon engineering efforts spent at the time of invoicing. Contract Amendment No. 4 documents are attached. We appreciate the opportunity to provide these engineering services to you. If you have any questions regarding this Contract Amendment, or need any additional information, please do not hesitate to contact me at 361.991.8550. Sincerely, LJA Engineering, Inc. 10-14-2020 Jeffrey C. Coym, PE Date Vice President JCC/pjk Attachment DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Laguna Shores Rd (Hustlin' Hornet Dr. to Caribbean Dr.) (City Project No. 18024A) Summary of Fees Original Contract Large A/E Contract Amd. No. 1 Large A/E Contract Amd. No. 2 Large A/E Contract Amd. No. 3 Large A/E Contract Amd. No. 4 Total 1.Preliminary Phase (FF)$22,450.00 $45,550.00 $0.00 $0.00 $0.00 $68,000.00 2.Design Phase (FF)$228,550.00 $36,530.00 $22,530.00 $0.00 $287,610.00 3.Bid Phase (FF)$12,330.00 $0.00 $0.00 $0.00 $12,330.00 4.Construction Phase (T&M)$35,480.00 $0.00 $0.00 $25,005.00 $60,485.00 $22,450.00 $321,910.00 $36,530.00 $22,530.00 $25,005.00 $428,425.00 ADDITIONAL SERVICES FEES 1.Permitting (FF) 1a.Survey for Wetlands and LSLS for Segments 1, 2 and 3 $47,600.00 $0.00 $0.00 $0.00 $47,600.00 1b.Wetland Delineation $5,000.00 $17,400.00 $0.00 $0.00 $0.00 $22,400.00 1c.Drafting & Engineering $19,440.00 $0.00 $0.00 $0.00 $19,440.00 1d.USACE Individual Permit $22,500.00 $0.00 $0.00 $12,850.00 $35,350.00 1e.TCEQ Alternatives Analysis $9,600.00 $0.00 $0.00 $0.00 $9,600.00 1f.USFWS/TPWD Coordination $3,300.00 $0.00 $0.00 $0.00 $3,300.00 1g.Mitigation Plan Development (T&M)$100,000.00 $0.00 $0.00 $0.00 $100,000.00 1g.1 Mitigation Plan $0.00 $0.00 $0.00 $58,200.00 $58,200.00 1g.2 Endangeres Species Review $0.00 $0.00 $0.00 $0.00 $0.00 1g.3 Archaeological Issues Review $0.00 $0.00 $0.00 $0.00 $0.00 1h.Texas General Land Office (TGLO) Lease $3,600.00 $0.00 $0.00 $0.00 $3,600.00 1i.MPO Coordination $11,550.00 $0.00 $0.00 $0.00 $11,550.00 2.ROW Acquisition Survey TBD TBD TBD TBD TBD 3.Topographic Survey (FF)$22,450.00 $50,000.00 $0.00 $0.00 $0.00 $72,450.00 4.Environmental Issues TBD TBD TBD TBD TBD 5.H&H Analysis (FF)$28,130.00 $0.00 $0.00 $0.00 $28,130.00 6.Drainage Crossing Design (FF)TBD TBD TBD TBD TBD 7.Public Meetings (FF)$7,500.00 $0.00 $0.00 $0.00 $7,500.00 8.Traffic Control (FF)$39,335.00 $0.00 $0.00 $0.00 $39,335.00 9.Warranty Phase (FF)$2,760.00 $0.00 $0.00 $0.00 $2,760.00 10.Record Drawings (T&M)$17,500.00 $0.00 $0.00 $0.00 $17,500.00 11. Coastal Management Plan Grant Coordination (New Task) (If Authorized)$0.00 $0.00 $0.00 $0.00 $0.00 $27,450.00 $380,215.00 $0.00 $0.00 $71,050.00 $478,715.00 $49,900.00 $702,125.00 $36,530.00 $22,530.00 $96,055.00 $907,140.00 AMENDMENT NO. 4 ATTACHMENT 'A' Page 1 of 1 BASIC SERVICES FEES Subtotal Additional Serivces Fees Subtotal Basic Services Fees Total Fee R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\02-18-02361-CO4 Amd. 4 Attachment A DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Hours Total Hours Total Hours Total Hours Total Hours Total Days Total Hours Total BASIC SERVICES 4. Construction Phase (T&M)-$ 58 12,180.00$ 49 10,290.00$ -$ -$ -$ 39 2,535.00$ 25,005.00$ SUBTOTAL BASIC SERVICES 25,005.00$ ADDITIONAL SERVICES Additional Efforts to Prepare Individual Permit as Result of H&H Study Findings -$ 50 9,250.00$ -$ 40 3,600.00$ -$ -$ -$ 12,850.00$ 1g. Mitigation Plan Development (T&M) Additional Unforeseen Efforts Necessary to Finalize the Mitigation Plan -$ 80 14,800.00$ 120 15,000.00$ 200 18,000.00$ 160 10,400.00$ -$ -$ 58,200.00$ SUBTOTAL ADDITIONAL SERVICES -$ 188 36,230.00$ 169 25,290.00$ 240 21,600.00$ 160 10,400.00$ -$ 39 2,535.00$ 71,050.00$ $ 96,055.00 AMD NO. 4 ATTACHMENT 'B' PAGE 1 OF 1 TOTAL CONTRACT AMENDMENT NO. 4 (ADDITIONAL SERVICES) 125.00 1d. USACE Individual Permit 90.00 155.00105.00 Laguna Shores Rd. (Hustlin' Hornet to Caribbean Dr.) City Project No. 18024A MANHOUR BREAKDOWN FOR SERVICES BY TASK Vice President/Hr Sr. Proj. Mgr, PE/Hr Task Total Amendment No. 4 185.00 Designer III/Hr Clerical/HrSurvey Crew/Hr 210.00 ExpensesTASK DESCRIPTION Survey Tech/HrCADD Draftsman/Hr 65.00 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\03-18-02361-CO4 (18024A) Attach B MH Analysis Amd #4 DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known) 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Title 3.State the names of each “board member” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or Committee 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christiwho worked on any matter related to the subject of this contract and has an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Consultant COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: STATE: ZIP: LJA Engineering, Inc. 5350 S. Staples Street, Suite 425 Corpus Christi TX 78411 x N/A N/A N/A N/A DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person (Type or Print) Title: Signature of Certifying Person Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Jeff Coym Vice President June 23, 2020 DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD