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Home My WebLink AboutC2016-035 - 1/20/2016 - NA CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 of Engineering Services)and LJA Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement(Project No. E12129) - This project includes repair, resurfacing, safety improvements and pedestrian amenities to the sidewalk along the Breakwater Structure; N. Shoreline on- street parking enhancement and pedestrian improvements; and Breakpoint Area Plaza enhancements. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit"A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices)and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct 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 of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $11,995.64. Monthly invoices will be submitted in accordance with Exhibit "B". 2016-035 1/20/16 Contract for Professional Services Page 1 of 7 LJA Engineering Inc. 1E12129 NORTH BEACH BREAKWATER,PLAZA,NORTH SHORELINE REPAIR AND ENHANCEMENT\15-1209 AE INDEXED The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, 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 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. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E12129 NORTH BEACH BREAKWATER,PLAZA,NORTH SHORELINE REPAIR AND ENHANCEMENT115-1209 AE AGREEMENT.DOC TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, Consultant 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 Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. Contract for Professional Services Page 3of7 K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E12129 NORTH BEACH BREAKWATER,PLAZA,NORTH SHORELINE REPAIR AND ENHANCEMENT\15-1209 AE AGREEMENT.DOC 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 6.7.2 Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's 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. 6.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E12129 NORTH BEACH BREAKWATER,PLAZA,NORTH SHORELINE REPAIR AND ENHANCEMENT\15-1209 AE AGREEMENT.DOC 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, 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. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Professional Services Page 5of7 K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E12129 NORTH BEACH BREAKWATER,PLAZA,NORTH SHORELINE REPAIR AND ENHANCEMENT\15-1209 AE AGREEMENT.DOC 11.STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13.CERTIFICATE OF INTERESTED PARTIES Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 14.CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15.ENTIRE AGREEMENT AND CONTROLLING LAW 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. 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. 16.CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant- prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGEWAGIEM\STREET\E12129 NORTH BEACH BREAKWATER,PLAZA,NORTH SHORELINE REPAIR AND ENHANCEMENT\15-1209 AE AGREEMENT.DOC CIT OF . • - CHRIST LJA N I I , INC. Ai J. kr4;6`"///4zd rie H. Gr , P E. Date Patrick . e etcY, .E. Date E :cutive Director of Public Works Vice President 820 Buffalo Street Corpus Christi, Texas 78401 RECOMMENDED (361) 887-8851 Office s'/,6 Operating Departme I Date APPROVED AS TO LEGAL FORM Project No. E12129 ()Li\A-L\ Accounting Unit: 3549-051 Legal Department Date Account: 550950 Activity: E12129013549EXP Account Category: 50950 14 Fund Name: Street CIP Bond 2012 APP-OVED Encumbrance No. L.14 l (- Office of Management Dat= and Budget /,1 ATTEST ebecca Huerta Date City Secretary ! p I Contract for Professional Services Page 7 of 7 K.\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E12129 NORTH BEACH BREAKWATER,PLAZA,NORTH SHORELINE REPAIR AND ENHANCEMENT\15-1209 AE AGREEMENT.DOC LJA Engineering, Inc. 114 820 Buffalo Street Phone 361.887.8851 Corpus Christi,Texas 78401 Fax 361.887.8855 www.ljaengineehng.com TBPE Ne F-1386 TBPLS Ne 10016600 December 15, 2015 City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 ATTN: Jeff Edmonds, P.E. Director of Engineering Services Re: Engineering Services Agreement Between City of Corpus Christi and LJA Engineering, Inc. Scoping Services for Project E12129 North Beach Area Road Improvements and Area Beautification LJA Proposal No. 15-01736 LJA Project No. C007-13043 Dear Mr. Edmonds: We are pleased to submit this Engineering Services Proposal between LJA Engineering, Inc. (the "Engineer") and The City of Corpus Christi (the "Client") for Scoping Services (the "Project"). The services will be provided within the parameters described in the attached Scoping Memo for Project Number E12129. I. BASIC SERVICES • Initial Scoping Meeting with City and Publish Minutes (completed). • Meeting with Lexington and Aquarium and Publish Minutes. We will bring 11x17 aerial exhibits and copies of the bond language for discussion purposes. No exhibit boards will be prepared for this meeting. • First Meeting with Stakeholders/Meeting Preparation/Publish Minutes. We will bring 11x17 aerial exhibits and copies of the bond language for discussion purposes. No exhibit boards will be prepared for this meeting. • Prepare Initial Concept Drawings and Cost Opinion. • Review Initial Concept and Costs with City and Publish Minutes. • Second Meeting with Stakeholders/Meeting Preparation/Publish Minutes. We will prepare an exhibit board for this meeting showing the project improvements agreed upon in the previous meetings. • Final Scoping Meeting with City and Publish Minutes. • Prepare Final Concept Drawings and Cost Opinion. • Review Final Concept and Costs with City and Publish Minutes. • Prepare Design Scope and Fee Proposal. EXCLUSIONS: 1. Reproduction EXHIBIT "A" Page 1 of 4 • Mr. Jeff Edmonds December 15, 2015 Page 2 of 2 PROVIDED BY CLIENT: 1. Venues for Meetings 2. Invitations to Meetings 3. Reproduction costs II. BASIS OF COMPENSATION The above-described services will be completed for a Lump Sum Fee of $11,995.64. III. SCHEDULE OF PAYMENT Invoices will be submitted monthly for percentage of lump sums completed during the month. IV. OWNERSHIP OF DOCUMENTS Original documents belong to, and remain the property of the Client, provided that the Engineer has received full compensation due, in consideration of which it is mutually agreed that the Client will use them solely in connection with the Project, except with the express consent of the Engineer. The Engineer may retain reproducible copies of such documents. Originals of the recorded plat and field books remain the property of the Engineer and the Client may request copies be made at his expense. We appreciate the opportunity to provide these engineering services to you. If the Engineering Services Proposal is acceptable to you, please sign this Proposal and return one copy to us. If you have any questions regarding these Agreements, please do not hesitate to contact me at (361) 887-8851. Bet egards, ACCEPTED BY: CITY OF CORPUS CHRISTI ( 7 � �� -1� By: Patric . eteto, P.E., RPLS Date Vice Presid- 11P Printed Name I /� 12 -) D. Sco Jones, P.E. Date Date: Office Manager PDV/DSJ/dcr Attachment EXHIBIT"A" Page 2 of 4 • SCOPING MEMO DATE: 11-13-15 PROJECT NUMBER: E12129 PROJECT TITLE: North Beach Area Pedestrian Improvements and Area Enhancements PROJECT SCOPE (BOND 2012, PROPOSITION 8): This project includes repairs and improvements to the Breakwater sidewalk, on-street parking enhancements, pedestrian improvements and Breakpoint Plaza enhancements. PROJECT LIMITS: All work shall be done in the Breakpoint Plaza area, along the sidewalk adjacent to Breakpoint Plaza and along the Breakwater sidewalk. On-Street parking improvements can be along Shoreline Blvd, Pearl Avenue, Breakwater Avenue, Bridgeport Avenue, Coastal Avenue, and Surfside Blvd. Original Expenses Remainder Bond Budget , 1,000,000 00 $ 49,237.28 $ 950,762 72 LAND ACQUISITION (ROW REQUIREMENTS): None SPECIAL FEATURES(MAJOR COMPONENTS): • SIDWALKS • WAY FINDING • CURB &GUTTER • LIGHTING • ADA RAMPS • LANDSCAPING • AMENITIES (BENCHES,SHELTERS) • CROSSWALKS • SIGNAGE • STRIPING Consultant shall consider Master Plans for ►tilities/Consultants will be responsible for verifying existing utilities. Utilities outside roadway will not b- •roposed. Consultants should meet with the City of Corpus Christi's Operations Department and g, a recommendations for future improvements. Consultants are responsible for the evaluatio a b recommendation of appropriate roadway classification. EXHIBIT"A" Page 3 of 4 North Beach Area Pedestrian Improvements and Area Enhancements City Project No.E12129 MANHOUR BREAKDOWN FOR SERVICES BY TASK Proj.Manager/Hr CADD Tech Il/Hr CADD Tech I/Hr Administrative/Hr TASK DESCRIPTION $ 188.38 $ 108.50 $ 93.43 $ 58.77 Expenses Task Total Hours Total Hours Total Hours Total Hours Total BASIC SERVICES Scoping Process Initial Scoping Meeting/Meeting Minutes 2 $ 376.76 $ - $ - --$ - $ 376.76 Meeting with Lex and Aquarium/Meeting Minutes 4 $ 753.52 $ $ - 1 $ 58.77 $ 812.29 Meeting with Stakeholders/Prep/Minutes 4 $ 753.52 4 $ 434.00 4 $ 373.72 1 $ 58.77 $ 1,620.01 Second Meeting with Stakeholders 4 $ 753.52 4 $ 434.00 4 $ 373.72 1 $ 58.77 $ 1,620.01 Final Scoping Meeting with City 2 $ 376.76 21 $ 217.00 $ - 1 $ 58.77 $ 652.53 Prepare Initial Concept and Cost Opinion 4 $ 753.52 8 $ 868.00 8 $ 747.44 1 $ 58.77 $ 2,427.73 Review Meeting with City 2 $ 376.76 2 $ 217.00 $ - 1 $ 58.77 $ 652.53 ~ Prepare Final Concept and Cost Opinion 4 $ 753.52 8 $ 868.00 8 $ 747.44 $ - $ 2,368.96 Final Concept Meeting with City 2 $ 376.76 2 $ 217.00 $ - ll $ 58.77 $ 652.53 Prepare Design Scope and Fee Proposal 4' $ 753.52 $ - I $ 1 $ 58.77 S 812.29 i Total Scoping Process 32 $ 6,028.16 30 $ 3,255.00241$ 2,242.32 8 $ 470.16 $ - $ 11,995.64 X d = tQ CO CD A = � > A 1 of 1 Sample form for: Payment Request COMPLETE PROJECT NAME Revised 07/27/00 Project No. XXXX Invoice No. 12345 _ Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% A) _ m co• _a --I °, 6