HomeMy WebLinkAboutC2017-285 - 9/12/2017 - Approved CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT E12199 -Bridge Rehabilitation
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director) and LJA Engineering, Inc., 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401,
(Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I — SCOPE OF SERVICES 2
ARTICLE II — QUALITY CONTROL 2
ARTICLE III — COMPENSATION 3
ARTICLE IV—TIME AND PERIOD OF SERVICE 4
ARTICLE V— OPINIONS OF COST 5
ARTICLE VI — INSURANCE REQUIREMENTS 5
ARTICLE VII — INDEMNIFICATION 5
ARTICLE VIII —TERMINATION OF AGREEMENT 6
ARTICLE IX— RIGHT OF REVIEW AND AUDIT 6
ARTICLE X— OWNER REMEDIES 7
ARTICLE XI — CONSULTANT REMEDIES 8
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII — MISCELLANEOUS PROVISIONS 9
EXHIBIT A SCOPE OF SERVICES
EXHIBIT B SAMPLE PAYMENT REQUEST FORM
EXHIBIT B-1 CONFIDENTIAL RATE SHEET
EXHIBIT C INSURANCE REQUIREMENTS
EXHIBIT D DISCLOSURE OF INTEREST
EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295)
Contract for Professional Services
Page 1 of 11
2017-285
9/12/17
M2017-136
LJA Engineering Inc.
INDEXED
ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein
and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services
required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that
would normally be required by law or common due diligence in accordance with the standard of care defined in
Article XIII of this Agreement.
1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or
Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless
specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A
request made by either party to deviate from City standards after the contract is executed must be in writing.
1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed
to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must
provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of
work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement
must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by
the city with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges
and accepts its responsibilities,as defined and described in City's General Conditions for Construction Contracts,
excerpt attashedas Exhibit-F.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and
will consult and advise the City on matters related to the Consultant's Scope of Services during the
performance of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders in order to make an informed, written
recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's
responsibilities, factors considered include, without limitation, the bidder's experience, capacity,
supervision, ability to maintain project budget and schedule, past performance and safety record.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost(OPC), as
needed.
Contract for Professional Services
Page 2 of 11
2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be
compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed 5114,950.
3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A
and will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and Consultant
agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure
under Texas Government Code Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually
agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three
(3) days of notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for
which Payment Requests have been previously issued and payments received from City shall, to the best of
Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided
labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY
HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY
ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY
TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City
from damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
Contract for Professional Services
Page 3 of 11
•
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be
required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the
procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and
follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its
annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a period of one (1) year beginning on the Effective Date. The Agreement may
be renewed for up to two (2) one-year renewal options upon mutual agreement of the parties to be evidenced in
writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions,
plus any approved changes.
4.3 The Consultant agrees to begin work on those authorized 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.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultants ability to complete the services to be provided under this agreement. The Consultant must notify
the City within three business days of becoming aware of a factor that may affect the Consultant's ability to
., mplete the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
Contract for Professional Services
Page 4 of 11
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment,
or over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the
basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design
professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals,
bids or the construction cost shall not vary from the OPC prepared by Consultant.
5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the
OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City.
ARTICLE VI —INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII —INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees 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
againsfany 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.
Contract for Professional Services
Page 5 of 11
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
- 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX—RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit, examination or inspection may be performed by a City
designee, which may include its internal auditors or an outside representative engaged by City. Consultant
agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there
Contract for Professional Services
Page 6 of 11
is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the
dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement (Consultants Records). Examples
include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, and any and all other agreements, sources of information and matters that may, in City's and
Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its
designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and
appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when
other remedies are not available or offered for design deficiencies discovered during and after Project
construction.
10.3 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
Contract for Professional Services
Page 7 of 11
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time
lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be
approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII—CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-
one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the
general nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature,verifying
the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet
to discuss the request, after which an offer of settlement or a notification of no settlement offer will be
sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty
(30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the
initial request for remedy or(iii) request Mediation.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement, and City shall continue to make payments in
accordance with this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for
similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
Contract for Professional Services
Page 8 of 11
contained herein.
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent
to filing any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing,and shall request that the mediation commence
no less than thirty (30) or more than ninety(90) calendar days following the date of the
request, except upon agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within thirty (30) calendar days of the request
for mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys'fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY
RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for
services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the
termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or
partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as
Contract for Professional Services
Page 9 of 11
a result of this Agreement, including contract documents(plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation
by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees
that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed
professional prior to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing 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.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form, attached as Exhibit D.
13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to
entities that enter contracts with cities that exceed $50,000. 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; or
(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/whatsnewielf_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.eth ics.state.tx.us/legal/ch46.html.
13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if
you need to file a Form CID, please review the information on the City Secretary's website at
http://www.cctexas.com/govern ment/city-secretary/conflict-d isclosu re/i ndex.
13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed
and tried in Nueces County and cannot be removed from Nueces County.
Contract for Professional Services
Page 10 of 11
•
13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any
Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in
any way the validity of this Agreement in any other instance.
13.11 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.
CITY OF CO' S H- /, z(,/ LJA Engineering, Inc.
Ake,'
c.?iz,t/
J-ff H. Edmonds, P.E. Date -Jmy D. Russell, RPLS . bate
Director of Engineering Services Vice President/Surveying Department
1480 Cornerstone
Beaumont, TX 77706
(409) 866-9769 Office
APPROVED AS TO LEGAL FORM jrussell@lja.com
/� 4t,), x Aimee Alcorn-Reed
lA...`u_^_ ,/�iwi 2017.07.31 15:11:44-05'00'
City Attorney Date
ATTEST
mock q
Cit Secretary Date 4 1
( )-a-1c - �-J
SF;RFTbny
Project Name Bridge Rehabilitation 111
Project Number E12199
Accounting Unit 3495-043
Account 550950
Activity El 2199-01-3495-EXP
Account Category 50950
Fund Name: Storm Water 2012B Revenue Bond
Contract for Professional Services
Page 11 of 11
114
820 Buffalo Street.Corpus Christi.Texas 78401
LJA ENGINEERING t 361.887.8851 f 361.8878855 LJA.corn TBPE F-1386 TBPLS 10016600
August 1, 2017
PROPOSAL
Mr. Jeffrey Edmonds, P.E.
City of Corpus Christi
Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
Re: Engineering Services Agreement Between
City of Corpus Christi and LJA Engineering, Inc.
Bridge Rehabilitation
LJA Proposal No. 15-01585
Dear Mr. Edmonds:
SCOPE OF WORK
LJA Engineering, Inc. (LJA) is pleased to present this proposal letter to the City of Corpus
Christi, Texas ("City") for engineering services to inspect 35 bridges identified as part of the City
Bridge System. The Scope of Work included under this proposal is described as follows:
General: Inspect 35 bridges within the city limits of the City of Corpus Christi, identified as part
of the City Bridge System. Prepare Rough Order of Magnitude opinion of probable costs for
maintenance and repair recommendations based on the inspection reports for each bridge.
Prepare IDIQ Contract bid documents for an on call, as needed, bridge repair contract. Prepare
delivery orders for the IDIQ Contract for bridges and repair items as directed by the City Project
Manager.
Task I: Inspect 35 bridges identified as part of the City Bridge System provided by City. The
TxDOT Bridge Inventory, Inspection, and Appraisal Program (BRINSAP) template will be used
for each bridge. The bridge inspection report will not require load ratings of the bridge, but will
include photographs, the Scour Summary Sheet for Bridge Class Culverts and a Bridge
Inspection Record. The deliverable will be 2 hard copies of the bridge inspection report for each
of the 35 bridges and one electronic copy on CD. During this task, LJA will identify repair items
and rough quantities for preparation of a Rough Order of Magnitude opinion of probable costs in
Task II, and for preparation of an IDIQ Contract in Task III.
Task II: Prepare a Rough Order of Magnitude opinion of probable costs for the 35 bridges
inspected in Task I. LJA shall also develop a methodology for prioritizing the required repairs,
and include a prioritized list of projects and documentation of the prioritization methodology
used in a report. The deliverable will be 2 hard copies of the Prioritization and Opinion of
Probable Cost report, and one electronic copy on CD.
EXHIIT"A" l
Page 1 of 4
Mr.Jeffrey Edmonds, P.E.
City of Corpus Christi
August 1,2017
Task III: Prepare IDIQ Contract bid documents based on the prioritized list developed in Task
II, and limited to an estimated construction budget not to exceed $250,000. The IDIQ
documents will be developed utilizing the repair items that were captured as part of Task I.
Front end documents, specifications, repair drawings and estimated repair quantities will be
included. Assistance with the bid phase will also be included. Construction phase services will
not be included as these services will be undertaken in Task IV.
Task IV: Prepare delivery orders for the IDIQ Contract for specific bridges and repair items as
directed by the City Project Manager. Engineering fees for preparation of delivery orders not to
exceed $25,000. (Allowance)
Schedule:
1. Task I Six (6) weeks after receipt of Notice to Proceed (NTP).
2. Task II Six (6) weeks after approval of Task I submittal.
3. Task III Six(6) weeks after approval of Task II submittal
4. Task IV TBD with each delivery order
EXCLUSIONS
The following services are not included in the scope of work of this proposal, but can be added
for additional fees, if required:
• ROW surveys to determine roadway and/or drainage way boundaries.
• Topographic surveys to identify existing conditions, drainage flows and possible utility
conflicts.
• Subsurface Utility Engineering (SUE) services
• Geotechnical/materials testing services
• RAS review services
• Other services not specifically listed in the Scope of Work
II. BASIS OF COMPENSATION
LJA proposes to perform the above-described scope of work for a Fixed Fee of$114,950.00, for
Task I, Task II and Task III and Task IV($25,000 Allowance).
EXHIIT"A"
R'.\BPs-OPPORTUNITIES\BP's-2015\15-01585-City of Corpus Christi-Bridge Rehabilitation\Bridge Rehab Page 2 of 4
Proposal\Scope and Cost Estimate for Bridge Rehab
Mr.Jeffrey Edmonds, P.E.
City of Corpus Christi
August 1,2017
C. Summary of A/E Fees:
BRIDGE REHABILITATION PROJECT
SUMMARY OF FEES
BASIC - NA
ADDITIONAL
I Task I- Fixed Fee $35,410.00
2 Task II- Fixed Fee $34,540.00
3 Task III- Fixed Fee $20,000.00
4 Task IV-Allowance $25,000.00
Subtotal Additional Services $114,950.00
TOTAL AUTHORIZED FEE $114,950.00
III. SCHEDULE OF PAYMENTS AND WORK
Invoices shall be submitted and paid on a monthly basis based upon engineering efforts spent
at the time of invoicing.
IV, OWNERSHIP OF DOCUMENTS
Original documents and construction plans 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.
V. PROVIDED BY CLIENT
To the extent available, client will provide LJA with the following:
• Bridge record drawings
• Any previous bridge report or inspection
• Roadway and/or drainage way ROW drawings
• Standard City front end, bid, and contract documents and applicable technical
specifications.
• IDIQ bid advertisement and dissemination of bid documents
• IDIQ pre-bid meeting
EXHIIT"A'
R:\BPs-OPPORTUNITIESBP's-2015\15-01585-City of Corpus Christi-Bridge Rehabilitation\Bridge Rehab Page 3 of4
Proposal\Scope and Cost Estimate for Bridge Rehab
Mr.Jeffrey Edmonds, P.E.
City of Corpus Christi
August 1,2017
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 the attached Professional
Services Agreement and return one copy of each to us. If you have any questions, or need any
additional information, please do not hesitate to contact me at(361) 887-8851.
Best Regards, ACCEPTED FOR:
CITY OF CORPUS CHRISTI
BY: JEFFREY EDMONDS, P.E.
/i7 By:
Albert Franco,Jr., P.E., RP Date
Project Manager
Printed Name
0416. S/0/ ZAii Date:
r, D. Russell, R.P.L.S. Date
Vice •resident/Surveying Division
AEF/JDR/dcr
Attachment
EXHIIT"A"
R:1BPs•OPPORTUNITIESIBP's-2015\15.01585-City of Corpus Christi-Bridge Rehabllitatlon\Bridge Rehab Page 4 of 4
ProposallScope and Cost Estimate for Bridge Rehab
wo o° •o o = o 0 o 0 o 0 o 0e 0
0 , 0 0 0 0 (h 0 0 0 1:003 m (O CO (O r
o a m c ` p N S N o o H H I- 0r M NEO r
K o c a 0
O�p U
O.• NQN 00000 0000000 000
E E -
0 0 0 0 0 0 0 ° ° 0m ° 0 0 0
N T K C_ U OW 0 10 0 N O N N ~ ~ ~ < O V O^)
a UO N- N n L r_ (O N r N Cr.
R CE es y y y
01
o N M f9 /±}
(.N7.
Vi f9 a (A f9 5
tY m
. . . . . 0 0 0 0 0 0 0 0 0 0
0 0 0 O O 00003 m m 0 0 0 0
O 0 0 0 0 0 0 O O O H H H O 0 0 0
O o 0 w w N S iIt0) N 10Y 0
H CN W V9 N O (ej
rW rW f9 69 CA-
0
90 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O 0 0 0 0 0 00003 03 a) 0 0 0 0
D 0 0 0 0 0 0 O O OH H H o 06 0
o .O o o 69 69 o w w w 69 O (9 0
• o O LO N N O
0` -
w w a w
0 0 0 0 0 0000000 0 0 0
▪ 0 0 0 0 0 0 0 0 0 co m co o O o o CU
` o o 0 0 0 0 O O o H H H 0 0 0 0
W '0 YF 00 69 W o )O M M O o S In
to
w (9 w
Z N U 9 4. w wC.
o m
m
w - o C 0o0o Soo SS oommm 'o, o 'oo -Eo
. .= — A 0 0 0 0 o cl H H H n 0 n a c
p 6"CO-- (� S S b O N O N N O N V 0):
re O O A N N O r (0 h N h 01. E
a ?wg o q FO- O P9 M (�f W N - a CD Q N E
W N N N N N N N N N
H pp U w y £
aa` S o N 00000 O O O m m m 0 0 0 0 o y
• C 2 OW OW N O S ci OW N H H H N N r..:
r El..) j
O ,o (N O N (O (0 N (0 CO 'j ti
U E w w w w w w w Q c
2o
0 0 0 0 0 0 0 0 0 0 0 0 O o O! (tip N
✓ o 0 0 0 0 0 o 0 m m m 0 0 0 0 La
c o 0 0 0 o 0 0 o H H H 0 0 0 6 c
Z f9 00 (9 5 00 S N 69 CM 00 N N O C
V - - _ o
0 E i9 w i9 w i9 w w O
C o (p
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 €
/100000 0 0 0 ma m o 0 0 0 d o
4,56 0 0 0 0 0 0 o H H H o 0 0 6 CO
0 0 0 0 0 0 Sf9 0 0 0 0 e
▪ o o )O )O O 0 0 0 0 0
O r N''� N (O N N c0 N OJ O
✓ 63 w S IS w w w u. w E
I o m
w
01 c
8 a.
d m0 co s
m N _
0 coo en
O O N 2) 0 LL C) y L.
y
O• a 0 c 'H N .c 2 = -a O 0 f0 0 0 ai
0 ma catim c c2,13- ow � ¢ Z0 ar am
COG (U 2 N O c 07 < N co co C 0 0
c E o) a w o E co 0 c m 0 o E o ° o w a
m t_ o V o o a `o w cn m °p U > > m a 0 O c m
m a0m UN < CL aa0co co wm ¢ H 2 ; =
Exhibit B
Page 1 of 1
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government
Code since release of this information would give advantage to a competitor or bidder.
In addition, section 552.110 of the TX Govt. Code protects third party commercial and
financial information if release of the information would cause the third party substantial
competitive harm. Final determination of confidentiality will be made by the Texas
Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate
documentation has been provided to the City of Corpus Christi and was utilized in
reviewing and approving the loaded hourly rates below.
PRINCIPALS: The Consultant must provide documentation with each payment request
that clearly indicates how a Principal's time is allocated and the justification for that
allocation.
PRINCIPAL(S): HOURLY RATE TX REGISTRATION #:
($/hr)
Project Consultant:
CAD Technician:
Clerical:
Other—specify:
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Exhibit B-1
Confidential Rate Sheet
Page 1 of 1
•
EXHIBIT C
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)
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
Rev 07/16
Exhibit C
Page 1 of 2
•
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 or non-renewal of 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 Consultants or its subcontractors 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.
Rev 07/16
Exhibit C
Page 2 of 2
iti
SUPPLIER NUMBER
TO BE ASSIGNED BY CIiir
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Cor?s 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: P.O.Box 2927
STREET ADDRESS: 820 Buffalo St. CITY: Corpus Christi ZIP: 78401-
FIRM IS: 1. Corporation Ei 2. Partnership3. Sole Owner ❑
4. Association 5. Other B
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
Patrick D.Veteto,P.E. Coastal Bend Council of Governments
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
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: Patrick D.Vetet Me: Vice President
(Type or Print)
Signature of Certifying / I' Date: March 9,2017
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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if 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. 2017-176970
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 03/09/2017
being filed.
City of Corpus Christi Date cknowle ged:
9 2 2CL7
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,a d provide a
description of the services,goods,or other property to be provided under the contract.
E12199
Bridge Rehabilitation
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
,w.
DIANA C RAMIREZ
1pEtpI ► a(/',% cil/(-&_/11'0,My ission xpeesNOYembCommef 1117Signature of authorizeagent of contractin.:usiness entity
���h RJB
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn trt and subscribed before me,by the said 3,ti ori ze 4 A 5en+ ,this the rJ day of IVlarch
20 (r1t ,to certify which,witness my hand and seal of office
DIED Ci 4►1G C . ► rn I re z )JML r. . a SSf-
Signature of officer administering oa Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx us Version Vi 0.277