HomeMy WebLinkAboutC2016-245 - 6/21/2016 - Approved i f t
( ".S
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 (local
office), (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
I SeaTown (aka S.E.A. District) Pedestrian Improvements (Bond 2012) — Project No.
E12134—This project includes the first phase in implementing recommendations from the
Building Blocks for Sustainable Communities' Walkability Audit conducted by the City of
Corpus Christi in May 2012. This Walkability Audit included improvements for Port
Avenue, Mesquite Street, Brewster Street and Chaparral Street to create walkability in the
SEA District. This project also addresses elements of the joint City/MPO/RTA Pedestrian-
Transit Master Plan prepared in November 2013, that allows maximizing resources and
funding. The MPO/TxDot contribution from the TAP is $1,200,000 and the 2012 Bond
contribution is $500,000. The project components identified were sidewalks, driveways,
curbs, ADA-compliant ramps, crosswalks and stop bars, planting strips, and bus stop
infrastructure. The first phase of implementation includes Chaparral Street from Brewster
Street to Harbor Drive and Brewster Street from Chaparral Street to Tancahua Street,
since this section doesn't not currently have sidewalks along both sides of the street and is
a heavily trafficked area.
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
2016-245 Contract for Professional Services
6/21/16 Page 1 of 5
M2016-068 AJ\STREETS\E12134-SEA TOWN PEDESTRIAN IMPROVEMENTS\LJA-ENGINEERING DESIGN CONTRACT\AE
LJA Engineering Inc. INDEXED
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 $157,806.71. Monthly invoices will be submitted in
accordance with Exhibit "C".
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
Consultant agrees to comply with the insurance requirements in Exhibit B.
7. TERMINATION OF CONTRACT
The City may terminate this contract for convenience upon seven days written notice to the
Consultant at the address of record. The City may terminate this agreement for cause
Contract for Professional Services
Page 2 of 5
K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS\E12134-SEA TOWN PEDESTRIAN IMPROVEMENTS\LJA-ENGINEERING DESIGN CONTRACT\AE
AGREEMENT LJA E12134.DOC
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.
In the event of termination, 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, inspection reports 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.
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.
Contract for Professional Services
Page 3 of 5
K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS\E12134-SEA TOWN PEDESTRIAN IMPROVEMENTS\LJA-ENGINEERING DESIGN CONTRACT\AE
AGREEMENT LJA E12134.DOC
13.CERTIFICATE OF INTERESTED PARTIES
For contracts that exceed $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 requires disclosure of"interested parties" with respect to entities that enter
contracts with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue
of units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a
business entity of which the board or other governing body is composed
of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business
entity that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms
of a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
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, notarized 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.
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/qovern me nt/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 4 of 5
K.\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS\E12134-SEA TOWN PEDESTRIAN IMPROVEMENTS\LJA-ENGINEERING DESIGN CONTRACT\AE
AGREEMENT LJA E12134.DOC
CITY OF CORPUS CHRISTI LJ' ENGINEERING, INC.
1
i5 /6 A • I t
• (Q
J. Edmonds, P.E. Date Patri. Ve eto, P.E. Date
Director of Engineering Services Vice President
820 Buffalo Street
RECOMMENDED Corpus Christi, TX 78401
(361) 887-8851 Office
(7<c/,0 "'
Operating Department
APPROVED AS TO LEGAL FORM
AU HUKI[t,
(iCi4
Legal Department Date
SECQET,Iki 124
ATTEST
Rebecca Huerta Date
City Secretary -7/a-0/16
Fund Name Accounting Unit Account Activity No. Amount
No.
Streets Bond 2012 3549-051 550950 E12134013549EXP $157,806.71
Total $157,806.71
APP VEDDF5JNDING ONLY
Office of Management and Budget
Contract for Professional Services
Page 5 of 5
K'.ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS.E12134-SEA TOWN PEDESTRIAN IMPROVEMENTS.UA-ENGINEERING DESIGN CONTRACTWE
AGREEMENT WA E12134 DOC
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
S.E.A. District Pedestrian Improvements (Bond 2012)
Project No. E12134
SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this contract, Preliminary Phase may include Schematic Design and Design
Phase services may include Design Development as applicable to Architectural services.
Consultant
. •. .-- - _ 1 1 „- „ -
••_ e •
•
laevements-
.. -
•
- :e_ = :: : : : . - -- - : • • - = • - - - = • •
Engineering 1 efter Repo to include•
EXHIBIT"A"
Page 1 of 11
Revised November 26,2013
•
3. Include existing site photos.
.. -
•
•.. -. .
• - P. . •-= • - - • - - _. -- - -- - - — • - ''- •_e - ,
City staff will provide one set only of the following information (as applicable):
a) Electronic index and database of City's record drawing and record information.
b) Requested record drawings and record information in electronic format as available
from City Engineering files.
c) Provide the budget for the Project specifying the funds available for the construction
contract.
d) A copy of existing studies and plans. (as available from City Engineering files).
e) Field location of existing city utilities. (NE to coordinate with City Operating
Departments.)
f) Applicable Master Plans and GIS mapping are available on the City's website.
g) City Control survey Bench marks and coordinates.
: - , : : : : __
EXHIBIT"A"
Page 2 of 11
Revised November 26,2013
Any information marked proprietary,or copyrighted,provided by the City is authorized for use
only by A/E, and on/v for the intended purpose of this project. Any unauthorized use or
distribution of information marked proprietary,or copyrighted,provided under this contract is
strictly prohibited.
2. Design Phase. Upon approval of the preliminary phase, designated by receiving
authorization to proceed, the NE will:
a) Provide coordination with electric and communication utility companies and private
pipeline companies that may have existing facilities and must relocated to
accommodate the proposed improvements. The City will provide a list of utility
franchises within the Project area.
b) - - • = = - - •- --- - - "- - --
c) Prepare construction documents in City standard format for the work identified in-the
approved ELR under the previous contract. Construction plans to include
improvements or modifications to the storm water, water and wastewater systems
within the project limits. Include standard City of Corpus Christi detail sheets as
appropriate.
d) Prepare construction plans in compliance with CPPSCF using English units on 11"x
17".
i) Prepare Traffic Control and Construction Sequencing Plans. The TCP will
include construction sequencing, typical cross section and construction
phasing plan sheets,warning and barricades,as well as standards sheets for
barricades, traffic control plan,work zone pavement markings and signage.
Preparation of specific traffic control plans is not included in the scope
of this contract. The Contractor shall be responsible for preparation
and approval of specific Traffic Control plans appropriate to the
Contractor's means and methods.
ii) - - .. - •- • - . - -- - - -
drawinge- Prepare Stormwater Best Management Practices
construction drawings. Contractor is responsible for preparing and
maintaining a Stormwater Pollution Prevention Plan (SWPPP) for
himself and for the City. The SWPPP shall include the construction
drawings prepared by the A/E.
•
mal-
- :•:. .e0. - •- --- . - - -- - - - - - ..--
- - • :• -
•: _
EXHIBIT"A"
Page 3 of 11
Revised November 26,2013
i) Provide one(1) set of the final (100%) plans (unsealed and unstamped-electronic
and hard copy using City Standards as applicable)for City's final review.
j) Assimilate all final review comments. Upon approval by the Director of Engineering
Services, provide one (1) set of the final plans and contract documents
(electronic and hard copy using City Standards as applicable) suitable for
reproduction. Said bid documents henceforth become the shared intellectual
property of the City of Corpus Christi and the Consultant. The City agrees that any
modifications of the submitted final plans (for other uses by the City) will be
evidenced on the plans and be signed and sealed by a professional engineer prior to
re-use of modified plans.
k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all
submittals of the interim, pre-final (if required), and final complete plans and
complete bid documents with specifications accurately reflect the percent completion
designated and do not necessitate an excessive amount of revision and correction
by City. Additional revisions or design submittals are required(and within the scope
of Consultant's duties under this contract) if, in the opinion of the City Engineer or
designee,Consultant has not adequately addressed City-provided review comments
or provided submittals in accordance with City standards..
m) Provide copy of contract documents along with appropriate fee to Texas Department
of Licensing and Regulation (TDLR) for review and approval of accessibility
requirements for pedestrian improvements. (If AUTHORIZED as an Additional
Service.)
The City staff will:
a) Designate an individual to have responsibility,authority,and control for coordinating
activities for the . City during the Design Phase.
b) Provide the budget for the Project specifying the funds available for the construction
contract.
c) Provide electronic copy of the City's standard specifications,standard detail sheets,
standard and special provisions, and forms for required bid documents.
3. Bid Phase. The NE will:
a) ' - -_ - - A - - • - - - I : -- -_ ' 1 e-- _•• - - - "- _ •• :
b) Participate in the pre-bid conference and provide a meeting agenda for critical
construction activities and elements impacted the project.
c) Assist the City in solicitation of bids by identification of prospective bidders, and
review of bids by solicited interests.
d) Review all pre-bid questions and submissions concerning the bid documents and
prepare, in the City's format,for the Engineering Services'approval,any addenda or
other revisions necessary to inform contractors of approved changes prior to bidding.
e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract.
f) In the event the lowest responsible bidder's bid exceeds the project budget as
revised by the Engineering Services in accordance with the NE's design phase
estimate required above, the Engineer will,at its expense, confer with City staff and
make such revisions to the bid documents as the City staff deems necessary to re-
advertise that particular portion of the Project for bids.
EXHIBIT"A"
Page 4 of 11
Revised November 26,2013
•
•
g) ' - - ' - =• - -. - • - - - •- ': - ._•• ---• - • -•' - ••- -••
Ceunsil-Meeting-
The City staff will:
a) Arrange and pay for printing of all documents and addenda to be distributed to
prospective bidders.
b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and
process deposits for all bid documents, issue (with the assistance of the NE) any
addenda, prepare and supply bid tabulation forms, and conduct bid opening.
c) Receive the Engineer's recommendation concerning bid evaluation and
recommendation and prepare agenda materials for the City Council concerning bid
awards.
d) Prepare, review and provide copies of the contract for execution between the City
and the contractor.
e) Provide draft document format for the Authorization to Advertise and for the
Agenda Memoranda.
a)
•
b) - - - - - - - - - - • - • - _ • - -
c)
•
d) - - - - - - • - - . - - - - -
e) - - - - - •• ._ . - -- = . _ - =
City.
h) - - - ' - - - - - -
•
i) Review Contractor-provided construction"red-line"drawings. Prepare Project record
drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later)
within two(2) months of final acceptance of the project.All drawings shall be CADD
drawn using dwg format in AutoCAD, and graphics data will be in dxf format with
each layer being provided in a separate file. Attribute data will be provided in ASCII
format in tabular form. All electronic data will be compatible with the City GIS
system. (MOVED TO ADDITIONAL SERVICES)
The City staff will:
a) Provide all Construction Administration and Construction Observation
Services.
b) Designate an individual to have responsibility,authority,and control for coordinating
activities for the City during the Construction Phase.
EXHIBIT"A"
Page 5 of 11
Revised November 26,2013
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. NE may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and
will be negotiated by the Director of Engineering Services as required. The A/E shall,with written
authorization by the Director of Engineering Services, perform the following:
1. Permit Preparation. Furnish the City all engineering data and documentation necessary for
all required permits. The NE will prepare this documentation for all required signatures.
The NE will prepare and submit identified permits as applicable to the appropriate local,
state, and federal authorities, including:
a) - ••- '- - -• e_t, ' -- • - - - - - - - • -- - -
the-area
b) TxDOT utility permit(s)
o) Wetlands a iheation
g) Nueces County
h) Texas Historical Commission (THC)
i) U.S. Fish and Wildlife Servicc(USFWS)
j) U.S. Army Corps of Engineers (USACE)
I) Texas Department of Licensing and Regulation (TDLR)
+n) Texas General Land Office (TGLO)
•
•
- - • - - • . . •- - • • - - - - - • • -
•
•
- •' •- - - - 9 - -e e •-
-- - -
EXHIBIT"A"
Page 6 of 11
Revised November 26,2013
•
2. Topographic Survey and ROW Verification. All work must be tied to and conform with
the City's Global Positioning System (GPS) control network and comply with Category 6,
Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice
for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of
two (2)found boundary monuments from the project area.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
c) Set project control points for Horizontal and Vertical Control outside the limits of
project construction disturbance.
d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone),
and the data will have no adjustment factor applied —i.e.—the coordinate data will
remain in grid.
e) Vertical control will be based on NAVD 88.
f) All control work will be established using conventional(non-GPS)methods. Perform
topographic surveys to gather existing condition information.
g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical
Engineering Consultant.
h) Obtain x,y,and z coordinates of all accessible existing sanitary sewer, storm sewer,
water and gas lines as well as any other lines owned by third-parties and locate all
visible utilities, wells and signs within the apparent ROW width along project limits.
No utility connections will be shown. Surveying services, related to subsurface utility
engineering (SUE) shall be provided as part of the scope of work for SUE.
i) Locate improvements within the apparent ROW.
j) Locate and identify trees, at least five inches in diameter within the apparent ROW.
k) Generate electronic planimetric base map for use in project design.
motion.
•
EXHIBIT"A"
Page 7 of 11
Revised November 26,2013
Level A.
3. Public Meeting (1 Meeting).
Participate in one(1) public meeting. Prepare exhibits for meetings. Provide follow-up and
response to citizen comments as requested. Revise contract drawings to address citizen
comments, as directed by the City.
4. Landscaping Services.
Prepare preliminary landscape and irrigation design and coordinate with City. Finalize
landscape and irrigation design. Prepare landscape and irrigation construction documents
including a 2-year landscape and irrigation program with required maintenance schedule.
Provide bid and construction phase services.
5. Construction Phase Assistance (Time and Materials upon Request).
NE will provide the City with assistance,as requested,during the construction phase of the
Project on a Time and Materials basis. Requests for services from the NE shall be
submitted to the NE via email from City staff (Construction Inspection or Engineering
Services)and shall include Calendar Meeting Requests. Verbal requests for services must
be followed by an email to the NE prior to action being taken by the NE. Receipt of email
requests, including Meeting Requests, from City Staff shall be considered by the NE as
Authorization to Proceed on the requested services. Services provided under this line item
shall be invoiced to the City monthly based upon the attached Table 1—Rate Schedule and
shall include time spent during the invoicing period. If it is apparent that additional efforts will
be required beyond the estimated Contract budget after 75%of the estimated budget for this
Line Item has been spent, the NE will prepare a Contract Amendment for additional fees
based upon an estimate of the amount of effort remaining to complete the Project. Work will
not proceed beyond the approved budget. The following services are excluded from this
Contract:
EXHIBIT"A"
Page 8 of 11
Revised November 26,2013
a) Preparation of change orders;
b) Review of shop drawings. (This does not exclude review of material submittals, if
requested.);
c) Review/approval of Contractor pay requests; and
d) Preparation of a Certificate of Completion at the end of the Project.
oeFied,
6. Preparation of Record Drawings. Review Contractor-provided construction "red-line"
drawings. Prepare Project record drawings and provide a reproducible set and electronic file
(AutoCAD r.14 or later)within two(2)months of final acceptance of the project. All drawings
shall be CADD drawn using dwg format in AutoCAD,and graphics data will be in dxfformat
with each layer being provided in a separate file. Attribute data will be provided in ASCII
format in tabular form. All electronic data will be compatible with the City GIS system.
Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List,
which provides supplemental description to Exhibit"A". Note: The Exhibit"A-1"Task List does-net
supersede-supplements Exhibit"A".
II. SCHEDULE
Date Activity
Begin Field Work and Design Upon receipt of executed contract and NTP
Phase
Submit 100% Design 6 Months after receipt of NTP
City Review 1 Month
Submit Sealed Plans & Docs 1 Month after receipt of 100% comments from City
Advertise for Bids 2 Weeks after Sealed Submittal
Pre-Bid Conference 2 Weeks after Advertisement
Receive Bids 4 Weeks after Advertisement
Contract Award 4 Weeks after receipt of Bids
Begin Construction 4 Weeks after Award of Contract
Complete Construction Approximately 4 Months after Begin Construction
EXHIBIT "A"
Page 9 of 11
Revised November 26,2013
•
Ill. FEES
A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all"Basic Services"
authorized as per the table below. The fees for Basic Services will not exceed those identified and
will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all
expenses incurred in performing these services. The fee for this project is subject to the
availability of funds. The Engineer may be directed to suspend work pending receipt and
appropriation of funds. For services provided in Section I.A.1-3, NE will submit monthly
statements for basic services rendered. The statements will be based upon NE's estimate (and
with City's concurrence) of the proportion of the total services actually completed at the time of
billing. City will make prompt monthly payments in response to NE's monthly statements.
B. Fee for Additional Services. For authorized Additional Services, the NE will submit monthly
statements for services rendered. For Fixed Fee Additional Services Line Items,the statements will
be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services
actually completed at the time of billing. For Time and Materials Additional Services,the statements
will be based upon NE's time spent during the period of time covered by the invoice and based
upon the attached Table 1 — Rate Schedule. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-
exceed fee as per the table below:
Summary of Fees
Street Total
Basic Services Fees
1.Preliminary Phase(FF) $ 0.00 $ 0.00
2.Design Phase(FF) $ 70,275.15 $ 70,275.15
3.Bid Phase(FF) $ 8,181.48 $ 8,181.48
Subtotal Basic Services Fees $ 78,456.63 $ 78,456.63
Additional Services Fees (Allowance)
1. Permitting: TDLR(FF)
(Authorized) $ 2,281.82 $ 2,281.82
2. Topographic Survey&ROW Verification(FF)
(Authorized) $ 32,900.00 $ 32,900.00
3. Public Meeting(FF)(Authorized) $ 4,773.80 $ 4,773.80
4. Landscaping Services(FF)(Authorized) $ 17,095.52 $ 17,095.52
5. Construction Phase Assistance(T&M)
(Authorized) $ 17,858.16 $ 17,858.16
6. Preparation of Record Drawings(FF) $ 4,440.78 $ 4,440.78
(Authorized) _
Sub-Total Additional Services Fees $ 79,350.08 $ 79,350.08
Total Authorized Fee $157,806.71 $157,806.71
(Notes: 'FF"designates Line Items to be invoiced on a Fixed Fee basis,and'T&M'designates Line Items to be invoiced on a Time&
Materials basis. 'AUTHORIZED'constitutes"written authorization to proceed"on an Additional Services Line Item.)
EXHIBIT"A"
Page 10 of 11
Revised November 26,2013
•
TABLE 1
RATE SCHEDULE
Classification Billing-Rate
Engineer VII (P.E.)25+Yrs Experience $22500-28500/hr
Engineer VI (P.E.) 15+Yrs Experience $175.002Zi.00/hr
Engineer V(P.E.) 10+Yrs Experience $135.0075.00/hr
Engineer(Rt.E.) 5+Yrs Experience $115.00135.00/hr
Engineer III (E.I.T.)2+Yrs Experience $ 95.0015.00/hr
Engineer II (EA-apt Experience(MSCE) $ 75.095.00/hr
Engineer I (E.Ig.ya Experience. $ 55.005.00/hr
CAD Desic 1 ech $75.001 Ti00/hr
R.P.L.S_ $ 105.0075.00/hr
Survey Technician. $ 4500-75.00/hr
Clerical Assistant $ 40.0030.00/hr
Reimbursable expenses such as reproduction, telephone, travel expenses and offer non-labor charges
directly relate the project will be billed at cost plus 15% in addition to the fees agreed upon for services
rendered. Vehicle mileage will be charged at the current IRS mileage rate per mi e.
Subconsultants will be billed at cost plus 15%.
Addy%surchafgewekends and/or for over 40 hrs/week.
L1� 1/01/2015
EXHIBIT"A"
Page 11 of 11
Revised November 26,2013
EXHIBIT A-1
CITY OF CORPUS CHRISTI, TEXAS
S.E.A. District Pedestrian Improvements (Bond 2012)
Project No. E12134
TASK LIST
GENERAL
The S.E.A. District Pedestrian Improvements (Bond 2012) Project includes
Design and Bid Phase services and associated Additional Services, as described
herein, for the construction of pedestrian and landscape improvements along
Brewster Street from Tancahua Street to Chaparral Street and along Chaparral
Street from Brewster Street to Mesquite Street. This Contract is based upon
proposed improvements with a total estimated construction cost of$1.17 million.
Exhibit "A", I. A. - BASIC SERVICES
Preliminary Phase (Fixed Fee)
Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract
for Professional Services.
Design Phase (Fixed Fee)
Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for
Professional Services with the following conditions:
Exhibit "A", I. A. 2 - Clarification
1. NE will submit all Contract deliverables to the City, only, in accordance with
the Contract requirements. The City will distribute deliverables to Third-Party
Reviewers at its discretion and coordinate with Third-Party Reviewers to
receive comments. The City will incorporate any comments received from
Third-Party Reviewers deemed appropriate into the City's comments for
discussion at the appropriate meeting. To prevent miscommunications during
the Design Phase, NE's point of contact for Project decisions will be the
City's Project Manager.
2. NE will prepare one (1) set of final (100%) plans and contract documents and
submit to the City for review. Comments received from the City will be
incorporated into the sealed bid documents, which will be the next submittal
to the City.
3. The Project scope of improvements included in this contract is limited to
pedestrian and landscape improvements only with a total estimate
construction cost of $1.17 million. The scope of services included in this
EXHIBIT"A-1"
Page 1 of 3
•
contract does not include engineering services related to street, utility or other
improvements.
4. A maximum of three (3) meetings with the City are included in the Design
Phase scope of services. Additional meetings will require additional fees.
Exhibit "A", I. A. 2. d) - Clarification
The design of temporary traffic control measures shall consist of the preparation
of Advanced Warning Signage Plans and inclusion of typical examples of traffic
control measures for certain situations. The design of specific traffic control
measures for the entire project is not included in the scope of work of this
Contract. The Contractor shall be responsible for the preparation and approval
of specific traffic control plan(s) sealed by a Texas Registered Professional
Engineer that coincide with his approach to constructing the project — subject to
the Project phasing stipulated in the construction documents - and may
incorporate the typical examples provided in the construction plans.
Bid Phase (Fixed Fee)
Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for
Professional Services with the following exception:
Preparation of a CivCast bid spreadsheet is not included in the scope of services
of this Contract.
Construction Phase
Construction Phase Services as described in Exhibit "A", I. A. 4. are excluded
from this Contract. Construction Phase Assistance will be provided by the A/E as
a Time & Materials Additional Service upon request as described in Exhibit 'A'.
Exhibit "A", I. B. -ADDITIONAL SERVICES (Subject to Authorization)
1. Permitting (Fixed Fee)
• TDLR Registration: Submit construction plans and specifications
to a Registered ADA Specialist (RAS) for review and approval and
registration with the TDLR; Provide coordination efforts, as
necessary.
2. Topographic Survey (Fixed Fee)
Services will be provided in accordance with Exhibit 'A' of the Contract for
Professional Services.
EXHIBIT"A-1"
Page 2 of 3
3. Public Meeting (1 Meeting) (Fixed Fee)
Services will be provided in accordance with Exhibit 'A' of the Contract for
Professional Services.
4. Landscaping Services (Fixed Fee)
Services will be provided in accordance with Exhibit 'A' of the Contract for
Professional Services.
5. Construction Phase Assistance (Time and Materials)
Services will be provided in accordance with Exhibit `A' of the Contract for
Professional Services.
6. Preparation of Record Drawings (Fixed Fee)
Services will be provided in accordance with Exhibit 'A' of the Contract for
Professional Services.
EXHIBIT "A-1"
Page 3 of 3
EXHIBIT B
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 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.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a 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. 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, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
(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.
1.3 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.
1.4 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.
1.5 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
1.6 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:
1.6.1 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.
1.7 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.
1.8 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.
1.9 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.
1.10 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.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
C• O O O O O O O O O O O O O O O O O O
o a
L E
a) O
a U
000000ma. 00 0 0 0 0 0 Q O0 0 0 00
mEA. ER
3 o H
O >
H =
7
d Oce 0 0 0 0 OR Oce 0000000613.
0 0 o m m O� o 0 0
ER-
O L1 H H
'5 o
6. c
a —
c y 0 00 0 0 0 0 00 0000000 00 0 0
COEA- COER
C v H H
E >>
Q c
r
0
0 0 0 0 00 00 0 0 0 0 0 0 00 00 0 00
CO CO 4° 4041)
U H H
• L
W 7C co x H O
U
< co O
Z W O 0 N 0 0 0 0 0 0 0 0 0 0 0 Q Q 0 0 0 0
Ca ER ER
Q OZ0 mm
W Z O O Z H H
a o c Q
a , 000 0 0 0 o0 0 0 0 0 0 Q Q 00 0 0 0
CO COER EA
o H H
z
-a
E
Q
o
0 O o O o O0 Oce o O o O Q Q 0 00 0 0
ER
E H CO
C
O
U
0)
a)
U co
a)
a)
.V d a) co
a) as a) v c N U
co
N A } U U)
U d cp UO) C CO (/) t "0 O .0 (/) d
.E L a) t o m �C O >+ C 2 Q �+ LL
(/) C al a N a = ca o C Es rn C < To as (/) p 0
"- = i= m C o g Q o E v Exhibit"C"
w U) a C _0 13
as ,_ a) "2 a) o = "0 a) f° N aa)) °� U = = ca v o Pagel of 1
m E Q ' CCU co 4 EL 0 v) u) v) CO < H
aaSUPPLIER NUMBER
TO BE ASSIGNED BY Cl FY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
C
; 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.
COMPANY NAME: LJA Engineering,Inc.
P.O.BOX:
STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner 0
4. 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 "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
N/A
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
N/A
3. State the names of each "board member" of the City of Corpus Christi having an"ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Board,Commission or Committee
cc' LIG IG. 77. v �Tr�-TV' ( '4 'r _ AL 4oVGL1.- oF' 4C-CV—�,rJln''5
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Consultant
N/A
EXHIBIT D
PAGE 1 OF 2
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 P 'sti,Texas as changes occur.
Certifying Person: Patrick D.Vete R.E. j A Title: Vice President
(Type or Print)
Signature of Certifying Date: 04-20-16
Person:
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.
EXHIBIT D
PAGE 2 OF 2
•
•
•
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-50915
LJA Engineering,Inc.
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/05/2016
being filed.
City of Corpus Christi Date cckn-o edged.
Kie
µY
3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntract,and provide a
description of the services,goods,or other property to be provided under the contract.
E12134
Engineering and Surveying Services
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under'_•.. •f perjury,that the above disclosure is true and correct.
a
mauldr
opirt
4p
My
November Comm eslonltxpires
EExt
,4♦d' Si. . ure of authorized,- of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE /t 1 !�/�
Sworn to and subscribed before me,by the said )C 0 4-+ Jo ne.s .this the 66 J day of /" i Cl y
20 /w ,to certify which,witness my hand and seal of office.
44U(L.Ck_ . ono• C . tir,;rez. ,401w ��. �s5�
Signature of officer ad ' istering oa Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021