HomeMy WebLinkAboutC2020-227 - 6/23/2020 - ApprovedPage 1 Rev. 20-2
SERVICE AGREEMENT NO. 2901
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT E12191 – ENGINEERING SERVICES FOR NORTH BEACH NAVIGABLE CANAL
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 Lockwood, Andrews & Newnam, Inc., 500 N. Shoreline Blvd, Suite 500, 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 .......................................................................3
ARTICLE III COMPENSATION ............................................................................3
ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................5
ARTICLE V OPINIONS OF COST ......................................................................5
ARTICLE VI INSURANCE REQUIREMENTS ......................................................5
ARTICLE VII INDEMNIFICATION .........................................................................6
ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6
ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7
ARTICLE X OWNER REMEDIES .......................................................................7
ARTICLE XI CONSULTANT REMEDIES .............................................................8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8
ARTICLE XIII MISCELLANEOUS PROVISIONS ................................................. 10
EXHIBITS
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ARTICLE I – SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which
is 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. The approved Scope of Services defines the services to be performed by
Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with
Consultant’s response to the Request for Qualifications related to this project, which response is incorporated by
reference into this Agreement as if set out here in its entirety.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At
review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed 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. Upon request, Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the %
of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ
or Scope of Services 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 attached
as Exhibit D.
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.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and
A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless
stated otherwise.
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 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.
1.10 Consultant is expressly prohibited from discussing or sharing information related to or resulting
from the Scope of Services with any person or entity other than the City of Corpus Christi through its City
Manager. Consultant shall immediately notify the City Manager of all inquiries related to the Scope of
Services received by the Consultant.
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.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, 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 $508,988.
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 with their proposal.
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
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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 in compliance with the Texas Prompt Payment Act.
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;
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.
The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
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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 The term of this Agreement will be for a period of six years beginning on the effective date, unless extended
by authority of the City Manager or designee.
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. 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 Consultant’s
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant’s ability to complete 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.
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.
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.
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ARTICLE VII – INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, 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.
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,
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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 years following termination of the Agreement, unless there 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 (Consultant’s 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
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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 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.
10.3 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.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
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 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.
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12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within 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 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 30 calendar days after a Party delivers a
written notice of such dispute, then the Parties shall proceed with the mediation process contained herein.
12.2.2.1 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.
12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except
upon agreement of both parties.
12.2.2.3 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 30 calendar days of the request for mediation,
all conditions precedent in this Article shall be deemed to have occurred.
12.2.2.4 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
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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 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do
hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement 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 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each
were physically included herein.
13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally
fails to comply with a requirement of that subchapter.
13.4 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 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.
13.5 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.
13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.7 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.
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13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.10 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. 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 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.
13.11 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 CIQ, please review the information on the City Secretary’s website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
13.12 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.
13.13 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.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the
Request for Qualifications related to this project, or in any other document prepared by Consultant and included
herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to
resolve said conflict.
[Signature Page Follows]
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
DocuSign Envelope ID: 75000FD3-F822-4057-9A8C-4B265AE40E9E
CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM, INC.
DocuSigned by:
L
7/7/2020
Michael Rodriguez
Chief of Staff
APPROVED AS TO LEGAL FORM:
,--DocuSigned by:
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2oor26ron822413._
Assistant City Attorney
ATTEST
Date
6/12/2020
Date
,-DocuSigned by:
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6/12/2020
Stev—9NtreuuM4�
'tiioreath, P.E.
500 N Shoreline, Ste 500
Corpus Christi, TX 78401
(361) 882-2257 Office
SAGilbreath@Ian-inc.com
032146 Authorized By
23
060%2020
LDocuSigned by:
acc44 11.`444 7/8/2020 Council
37A77320D61947D...
City Secretary Date
Date
Page 12 Rev. 20-2
Page 12 Rev. 20-2
CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM, INC.
____________________________________ _____________________________________
Michael Rodriguez Date Steve Gilbreath, P.E. Date
Chief of Staff 500 N Shoreline, Ste 500
Corpus Christi, TX 78401
(361) 882-2257 Office
SAGilbreath@lan-inc.com
APPROVED AS TO LEGAL FORM:
____________________________________
Assistant City Attorney Date
ATTEST
____________________________________
City Secretary Date
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EE
6/12/2020
DocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
6/12/2020
___________________Authorized By
Council ________________________06/30/2020
032146
7/7/2020
7/8/2020
Contract for Professional Services
EXHIBIT A SCOPE OF SERVICES
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
Exhibit A- Scope of Work
4.1. Background
On December 17, 2019, the City of Corpus Christi City Council passed an ordinance
(# 031970) authorizing a navigable canal on North Beach in Corpus Christi, Texas.
A copy of the Ordinance is attached. The attachment includes renderings of the
navigable canal to include its location. Option #3 provides generally the intended
navigable canal’s scope.
4.2. Scope of Work
The Consultant will provide professional engineering services to design this canal.
The work will be authorized in phases. Phase 1 will consist of the Consultant finalizing
the navigable canal’s scope and project limits as well as determining if the
navigable canal will be functional for its intended use of being navigable and of
being a major drainage facility for the North Beach peninsula land area. Based on
positive results of Phase 1 findings, there will be subsequent phase(s) that will
generally include project pre-design, final design, right of way determinations, land
acquisition determinations, utility relocations, construction cost estimates,
permitting with various agencies, bid phase services and construction
administration services.
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DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
Contract for Professional Services
EXHIBIT A-1
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500 N. Shoreline Blvd. Ste. 500 • Corpus Christi, Texas 78401 • 361.882.2257 • www.lan-inc.com
May 19, 2020
Ms. Kim Baker
Director of Contracts and Procurement
City of Corpus Christi
PO BOX 9277
Corpus Christi, Texas 78469-9277
Re: Proposal for North Beach Navigable Canal Project (Phase 1)
Dear Ms. Baker,
Based on our conversation on May 13th, 2020, this is our revised proposal for completing Phase I of the
North Beach Navigable Canal project. Phase 1 will be an 6-month process consisting of LAN finalizing the
navigable canal’s scope and project limits. LAN will investigate the project for its intended use of being
navigable and of being a major drainage facility for the North Beach peninsula land area and produce a
report summarizing our findings.
Attachment A details the scope of services and fees required for this proposal and includes our personnel
rates for this project. We propose to complete these services on a lump sum basis for total contract
amount of $508,988.00. Please feel free to contact me at 713-821-0420 or by email at SAGilbreath@lan-
inc.com, if you have any additional questions.
Sincerely,
Steve Gilbreath, PE
Vice President
Attachments: A – Scope of Services and Fee Estimate
Cc: Jeffrey Edmonds, P.E. Director of Engineering Services
Exhibit A-1
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E12191- IDIQ Major Ditch Improvement
North Beach Navigable Canal
Phase I – Project Scoping
Overview
In December 2019, the City of Corpus Christi City Council passed an ordinance (# 031970) authorizing a
$41 Million dollar project on North Beach in Corpus Christi, Texas to design and construct a navigable
canal.
It is LAN’s understanding that the work will be authorized in phases:
Phase I – Project Definition - LAN will advance the concepts previously developed and finalize the
navigable canal’s scope and project limits. Phase I objective is to investigate the project for its intended
use of being navigable and a major drainage facility for the North Beach peninsula land area. The Basic
and Additional Services required for Phase I are detailed below.
NOTE: Phase II and III are not included in this proposal however below are the services we understand
would be included in these future phases:
Phase II – Project Costs and Feasibility – LAN will evaluate the costs associated with the improvements
and continue to determine if the project is technically feasible and able to be completed on schedule. In
support of evaluating the project costs and feasibility, the following services will be included on Phase II:
• Advance the structural bulkhead concepts, including additional geotechnical engineering,
preliminary sizing of the walls, anchoring, and stability analysis.
• Additional coastal modeling for sedimentation / siltation considerations.
• Develop a placement plan for dredged material
• Utility Conflict Identification – LAN will identify existing utilities that may conflict with the
proposed improvements, coordinate with third-party utilities, and determine potential conflicts
that may bear costs on the proposed project.
• Complete a Phase I Environmental Site Assessment (ESA) for the project.
• Determine Project Costs & Additional Funding Opportunities
Phase III – Preliminary Engineering – LAN will complete preliminary engineering services for the North
Beach Navigable Canal improvement including but not limited to 30% design documents and utility
conflict resolutions. Right-of-way and Real Estate support will be determined.
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Basic Services (Phase I - Project Definition)
Phase I will consist of all efforts required to define the project limits:
Task 100 – Project Management Services
Task 101 – Perform Drainage Analysis & Advance Drainage Concepts
Task 102 – Advance Concept of Canal Design
Task 103 – Calculate Dredged Material
Task 104 – Evaluate Traffic & Access Impacts
Task 105 – Determine Regulatory Requirements
Task 106 – Determine Real Estate Requirements
Task 107 – Develop Phase I Report
Task 100 – Project Management Services
1. Client Meetings & Communications
a. Project Reporting (Monthly) – LAN will prepare up to six (6) monthly project status reports
describing work completed, work to be performed, schedule, changes, and deliverables.
b. Periodic Site Visits – up to five (5) site visits will be budgeted during the course of Phase
I. Site Visits will take 1-2 hours and be attended by 2-3 engineers or field personnel.
c. Kickoff Meeting – LAN will conduct one (1) kick off meeting with the client to discuss the
clients’ vision for the project, scope of work, schedule, budget, change management plan,
and deliverables.
d. Progress Workshop – LAN will conduct one (1) progress workshop with the City to present
results from the various analyses and modeling, conceptual designs/layouts and discuss
opportunities and/or scope of project going forward.
e. Phase I Presentation - LAN will conduct one (1) presentation to City Council to present
results from the various analyses and modeling, conceptual designs/layouts and discuss
opportunities and/or scope of project going forward.
2. Stakeholder Meetings
In addition to the meetings with the client, it will be necessary for LAN to meet with the following
stakeholders of the project during the course of Phase I – Project Definition. LAN will coordinate
these meetings, provide meeting notes and minutes, and discuss the outcomes of these meetings
with the client. LAN assumes up to two (1) one-hour meetings with each the following two (2)
stakeholders:
• US Army Corps of Engineers (USACE)
• Texas Department of Transportation (TXDOT)
Task 101 – Perform Drainage Analyses & Advance Drainage Concepts
1. Data Collection / Review
Gather and review readily-available existing drainage / stormwater information on the North
Beach area, including tidal data for Corpus Christi Bay, rainfall data, sea level rise data,
construction documents from previous and/or ongoing roadway and drainage projects, prior
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drainage reports, and LiDAR topographic data. This task also includes a review City of Corpus
Christi Drainage Design Criteria and Standards.
2. Existing Conditions Hydrology & Hydraulics Analysis
Analyze historical tidal records and storm surge levels and generally characterize tidal/surge
influences in terms of tide/surge level versus likelihood of occurrence. Apply the LiDAR and
topographic survey data to develop a preliminary 2D numerical model of stormwater flow in the
North Beach area. Identify existing drainage systems and estimate peak runoff rates. Evaluate
existing drainage systems in terms of capacity and level of service and identify capacity shortfalls.
3. Drainage Area Maps
LAN will take the Option 3 drainage area maps from Urban Engineers and develop more detailed
drainage area maps for North Beach that graphically represent the results of the hydrology and
hydraulics analyses and peak runoff rates. LAN will include additional drainage improvement
concepts and features necessary for the canal to serve as a major drainage canal for North
Beach.
4. Conceptual Grading Plans
LAN will utilize the drainage area maps to develop conceptual level grading plans focused on
draining the right-of-way and areas surrounding the proposed navigable canal. Emphasis will be
placed on determining those areas that will require to be raised to achieve positive drainage and
prevent routine tidal influence and ponding.
5. Proposed Conditions Hydrology & Hydraulics Analysis
LAN will develop a preliminary 2D numerical model of the proposed canal and storm drainage
systems in the North Beach area and model the proposed drainage systems based on estimated
peak runoff rates.
Task 102 – Advance Concept of Canal Design
1. Data Collection / Review
Gather and review readily-available existing site improvement and land-use information on the
North Beach area, including long and short-range plans, area development plans, capital
improvement plans including streets and utility master plans. This task also includes a review City
of Corpus Christi Unified Development Codes.
2. Layout & Cross Sections
LAN will take the Option 3 layout from the Urban Engineers report and advance that concept and
develop a more detailed canal alignment. LAN will graphically show the alignment on a series of
exhibits. LAN will also include up to three (3) cross sections of the proposed canal at key locations
along the project.
3. Bulkhead Design
The design and construction of the bulkhead wall requires a conceptual engineering analysis to
ascertain the demand forces developed from soil pressure on the wall. Once the demand forces
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are determined, these forces will be used to determine the conceptual capacity requirements for
the bulkhead wall.
LAN will use the geotechnical parameters developed by TWE within the bulkhead wall analysis
and perform a conceptual-level bulkhead wall analysis to determine the requirements of the
bulkhead wall. These requirements will include determining the conceptual sizing of the wall (wall
thickness , location and sizing of the anchor wall (if required), size of the anchor and wale system
and embedment depth.
LAN will develop (1) cross-section for the bulkhead wall and has assumed this analysis will be
performed once. LAN will prepare bulkhead wall exhibits (limited to 3) and provide a description
to summarize the bulkhead wall design based on the result of this analysis. These items noted
will be incorporated within the overall draft and final deliverable to the City.
4. Inlet / Outlet Location Determination
As part of advancing the design of the proposed navigable canal, LAN will consider the most
appropriate locations of the canal entrance and exit to Corpus Christi Bay. This task will be
completed in conjunction with the water quality modeling and be iterative in nature with the
intent to optimize the location for navigability and drainage.
5. Determine Constructability & Project Phasing
LAN will identify any construction related concerns and opportunities and determine the
constructability of the navigable canal project. Included as part of this task will be
recommendations for phasing the project based on cost, regulatory factors, and on-going and
planned adjacent construction projects.
Task 103 – Calculate Dredged Material
LAN will utilize LIDAR and topographic data collected as part of this scope and calculate dredging
quantities based on a navigable canal depth of 10-foot.
Task 104 – Evaluate Traffic & Access Impacts
1. Data Collection
Gather readily-available existing roadway and US181 / Harbor Bridge project information relevant
to the North Beach area, including traffic studies, construction documents from previous and/or
ongoing roadway projects, prior reports, and other traffic count data.
2. Coordinate with TXDOT / Develop Alternatives
After collecting data from TXDOT, LAN will coordinate with the agency and the Harbor Bridge
developer to assess traffic and access impacts of the proposed North Beach Canal project and
discuss alternatives (up to two (2) alternatives) that may improve access and trafficability
between the two projects. This coordination is above and beyond the initial stakeholder meetings
and includes additional collaboration between LAN and TXDOT, necessary to develop the
alternatives.
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3. Review of Existing Plans / Develop Impact Statements
Once data are collected and alternatives are discussed with TXDOT, LAN will review the existing
plans and alternatives and develop impact statements for each alternative including feasibility,
advantages/disadvantages, and impacts to North Beach businesses, residents, and visitors.
4. Conceptual Transportation Improvement Plans
In addition to the impact statements developed above, LAN will provide conceptual level
transportation improvement exhibits for each alternative.
Task 105 – Determine Regulatory Requirements
LAN will coordinate with a third-party subconsultant (BioWest) to determine the regulatory
requirements related to the project. LAN will assist Bio-West with the initial coordination with
the permitting authorities and assist with any desktop assessments necessary and field
verifications to determine potential impacts to wetlands located in or near the project area.
Results and findings from the subconsultants will be included in the Phase I Report.
Task 106 – Determine Real Estate Requirements
LAN will perform a desktop study of the property boundaries within the project area to determine
ownership and assess the proposed canal alignment conflicts with those properties. Additionally,
included in this assessment will be surrounding properties that will be affected by improvements
to the surface transportation network necessary for the proposed canal improvements and
preliminary determinations of any phasing that may be required with respect to property
acquisition. LAN will document those properties in a table and provide preliminary parcel maps
for each of those properties.
Assumptions / Clarifications
This scope does NOT include performing abstracting, certified appraisals, negotiating the price
and terms of property transactions, or final parcel maps for property acquisition purposes.
Task 107 – Develop Phase I Report
1. Draft Report
LAN will complete a Draft Report that includes the results and determinations made in the tasks
above. The report will document the findings of the analyses, the navigable canal’s scope and
project limits, and summarize the projects’ utilization as a navigable canal and major drainage
facility for the North Beach peninsula land area.
Prior to developing the report, LAN will facilitate a Project Review Workshop, to present results
from the various analyses and modeling, conceptual designs/layouts and discuss opportunities
and/or concerns going forward.
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2. Final Report - LAN will receive review comments from the client and incorporate those into a final,
signed, and sealed report.
Additional Services
The following additional services will be necessary to support the development and completion of the
Basic Services performed during Phase I of this project, Additionally, the work completed will be utilized
for future phases of this project, including pre-design, design, bid, and construction.
Task 201 – Geotechnical Engineering
Task 202 – Environmental Services
Task 203 – Survey Services
Task 204 – Coastal Modeling
Task 205 – Data Collection & Modeling Support (Harte Research Institute)
Task 201 – Geotechnical Engineering (Sub-Consultant)
Includes performing necessary field work and developing a geotechnical report documenting the basis for
all geotechnical parameters, discussing boring log findings, and incorporating geotechnical findings into
and engineering analysis report. See attached sub-consultant proposal (Tolunay-Wong Engineers, Inc.
P20-C036).
Task 202 – Environmental Services (Sub-Consultant)
Includes initial coordination with agencies and desktop assessments with limited field verifications to
determine the regulatory and environmental permitting requirements for the project. See attached sub-
consultant proposal (Bio-West, dated May 14th, 2020).
Task 203 – Survey Services (Sub-Consultant)
Includes performing necessary field work and development of maps documenting the topography,
location, and boundaries within the project area and incorporating these documents into the project
design documents.
Task 204 – Coastal Modeling
LAN will conduct Water Quality (WQ) modeling to help understand the exchange between the proposed
canal and the bay and to evaluate if any unfavorable WQ condition may occur in various design
alternatives. We propose to use CE-QUAL-W2 (Corps of Engineers-Quality-Width Averaged 2D) for the
WQ modeling.
1. Data Collection and Review - Data to be collected and reviewed will include the following:
• Proposed design of the North Beach Canal including cross sections and layout.
• Water level and temperature from NOAA tide station at USS Lexington.
• Meteorological observations (air and dew point temperatures, wind speed and direction,
cloud cover) at nearby airports from NOAA National Centers for Environmental
Information (NCEI). Air temperature is also available at the NOAA tide station.
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• Any expected inflows (flows and constituent loads) into the canal.
• WQ data from the TCEQ Surface Water Quality Monitoring (SWQM) program.
• Model parameters—Since this is a new canal, model parameters will be based on similar
waterbodies
2. CE-QUAL-W2 Model Setup - The data collected will be processed to set up WQ model geometry
and input files. This task will involve the following effort:
• Determination of model segmentation,
• Preparation of geometry file,
• Preparation of meteorological file,
• Preparation of boundary condition files, and
• Preparation of model control file.
3. CE-QUAL-W2 Model Application - The developed CE-QUAL-W2 model will be used to evaluate the
following design alternatives and conditions that represent worse-case WQ scenarios with less
tidal exchange and higher temperature:
• Canal depth of ten feet.
• Opening at the north end of the canal (Rincon) and opening to the beach (Bay).
• Average tide condition and neap tide conditions.
• Summer air and water temperature.
Assumptions / Clarifications
The water level data at USS Lexington will be reviewed to select a typical period of average tide
and a typical period of neap tide. LAN also proposes to work with the Harte Research Institute
(HRI) to develop water level boundary conditions (time series) by using the HRI’s AD-CIRC or DELFT
3D model for incorporation into the CE-QUAL-W2 models. LAN will also develop boundary and
initial conditions of the WQ model using the water sampling results to be conducted by Bio-West
as well as available historical data obtained from TCEQ/SWQM.
In both cases the WQ modeling period will be selected under hot summer and relatively calm
weather. These conditions are more likely to produce unfavorable WQ conditions.
The following four scenarios will be simulated for different combinations of the above alternatives
and tide conditions:
Scenario Opening to the bay Tide condition
1 Rincon Average
2 Rincon Neap
3 Bay Average
4 Bay Neap
The following WQ constituents will be simulated:
• Water temperature,
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• Salinity,
• Dissolved oxygen,
• Total suspended solids,
• Carbonaceous biochemical oxygen demand,
• Nutrients (nitrogen and phosphorus), and
• Chlorophyll a.
Each scenario will involve simulating a spin up period to establish an equilibrium initial condition.
Then, the CE-QUAL-W2 model will be executed for a set number of days using observed tide and
meteorological data. The model output will then be processed and evaluated. The model results
will be used to support the evaluation and selection of design alternatives.
4. Sensitivity Analysis - To evaluate the sensitivity of CE-QUAL-W2 model parameters on the results
of simulating the proposed canal, up to five key model parameters will be changed (+/-20%) one
at a time. Statistics of model results will be summarized and reviewed to evaluate the model’s
sensitivity to the parameters. This analysis will increase the confidence level and provide a better
understanding of the modeling results. The sensitivity analysis will be performed for no more than
two scenarios that are the most preferred designs.
Task 205 – Data Collection and Modeling Support (Harte Research Institute)
See attached sub-consultant proposal (Harte Research Institute, dated May 18th, 2020).
1. Hydrodynamic modeling support - This task will generate hydrodynamic boundary conditions and
provide a 2D, xyz grid for use in a CMS-Flow model. HRI will calculate water level and current
velocity boundary conditions for neap and average tide conditions occurring over a 1-month long
time series using HRI’s Delft3D model of Corpus Christi Bay. The Delft3D model runs on Texas
A&M – Corpus Christi’s High-Performance Computing system. HRI will also create a 2D xyz grid
needed to build the CMS-Flow model. The grid will merge existing bathymetric data along North
Beach with the xyz data in the Delft3D model.
2. Data collection support - HRI will assist in the effort to collect pertinent datasets and technical
reports.
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Summary of Fees:
LAN proposes to complete Phase I of this project on a lump sum basis for a total contract amount
$508,988.00.
The following table summarizes the fees associated with each task under this proposal:
Task Proposed Fee
Task 100 – Project Management Services $ 52,035.00
Task 101 – Perform Drainage Analysis & Advance
Drainage Concepts $ 105,156.00
Task 102 – Advance Concept of Canal Design $ 90,228.00
Task 103 – Calculate Dredge Material $ 9,331.00
Task 104 – Evaluate Traffic & Access Impacts $ 36,359.00
Task 105 – Determine Regulatory Requirements $ 3,912.00
Task 106 – Determine Real Estate Requirements $ 25,000.00
Task 107 – Develop Phase 1 Report $ 51,164.00
Total Basic Services $ 373,185.00
Task 201 – Geotechnical Services $ 16,180.00
Task 202 – Environmental Services $ 13,990.00
Task 203 – Survey Services $ 15,000.00
Task 204 – Coastal Modeling $ 63,150.00
Task 205 – Data Collection & Modeling Support (HRI) $ 27,483.00
Total Additional Services $ 135,803.00
Phase I Total $ 508,988.00
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Project Schedule:
The following table summarizes the fees associated with each task under this proposal:
Task Duration
(weeks)
Begin
(week) End (week)
Notice to Proceed - 0 0
Task 100 – Project Management - 0 24
Task 202 – Environmental Services - 1
Task 105 – Determine Regulatory Requirements - 1
Task 203 – Survey Services 4 1 5
Task 104 – Evaluate Traffic & Access Impacts 4 2 6
Task 101 – Perform Drainage Analysis & Advance Drainage
Concepts 10 5 15
Task 201 – Geotechnical Services 4 1 5
Task 204 – Coastal Modeling 8 5 13
Task 205 – Modeling Support - 5 13
Task 102 – Advance Concept of Canal Design 8 12 20
Task 103 – Calculate Dredged Material 1 20 21
Task 106 – Determine Real Estate Requirements 2 19 21
Task 107 – Develop Phase I Report 4 21 24
Total Duration 24 weeks
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Labor Rates:
The following are LAN’s labor rates for the personnel assigned to this project:
Personnel Rate / Hr
Principal-in-Charge / Regulatory Support $ 267.00
Senior Project Manager $ 240.00
Quality Control Manager $ 210.00
Structural Task Leader $ 222.00
Senior Coastal Modeler $ 240.00
Coastal Modeler $ 195.00
Drainage Task Leader $ 196.00
Construction Engineer $ 202.00
Structural Engineer $ 178.00
Engineer V $ 178.00
Senior Designer $ 149.00
Engineer III $ 148.00
Drainage Engineer $ 148.00
Engineer I/II $ 115.00
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Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 1 of 5
826 South Padre Island Drive • Corpus Christi, Texas 78416 • Phone: (361) 884-5050
May 18, 2020
Mr. Joseph Scarborough, P.E.
LAN
2925 Briarpark Drive, Suite 400
Houston, TX 77042
(713) 266-6900
email: JEScarborough@lan-inc.com
Ref: Revised Proposal for Geotechnical Engineering Services
Corpus Christi North Beach Project
Corpus Christi, Texas
TWE Proposal No.: P20-C036R1
Dear Mr. Scarborough,
Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit this revised proposal to provide
geotechnical engineering services for the referenced project. This proposal presents a general
description of the project, our proposed scope of services to be provided, and the estimated cost for
completion of our services associated with the project.
Project Overview
The project involves improvement of the North Beach development in Corpus Christi, Texas . The
improvements include elevation of the development along with addition of a major drainage canal
and drainage outfalls and construction of new streets/roadways. The general site location for the
project is shown on the attached Option 3 Drainage Map provided by LAN.
Geotechnical Scope of Services
We will provide the personnel, equipment and materials necessary to complete the requirements of
our scope of services. Our scope of services can be categorized into three major areas: field
program, laboratory testing, and engineering analysis/report preparation. The purpose of our
geotechnical services will be to provide the geotechnical information needed to assist the Client in the
preliminary design of the new drainage canal and new streets/roadways.
Field Program
As requested for the revised scope of services, the subsurface conditions at the site will be explored
by performing two (2) test borings, each extended to a depth of 50-ft below the natural ground
surface. The test boring locations will be near the south and north segments of the proposed
alignment for the new drainage canal and streets . The soil boring locations will be identified by
TWE and surveyed using a hand-held global positioning system (GPS) device.
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
May 18, 2020
TWE Proposal No. P20-C036R1
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 2 of 5
We anticipate underground utilities and pipelines could be of concern at the site location. Our field
personnel will work with appropriate personnel to identify and avoid known underground utilities.
We will also notify the Texas 811 One Call System prior to the commencement of our field
program for clearance of subsurface utilities within the project site. Our field personnel will have
the appropriate safety training and will be equipped with the required personal protective
equipment.
Our services will be under the direction of a Professional Engineer experienced in geotechnical
engineering. Our test borings will be logged by an experienced geotechnician. The borings will be
advanced using auger methods or until borehole conditions require the use of wash-rotary drilling
methods.
Geotechnical drilling and sampling will be performed in accordance with ASTM International
standards. Samples will be obtained at 2.5-ft depth intervals to a depth of 10-ft, at the 13-ft to 15-ft
depth interval, and at 5-ft depth intervals thereafter until the boring completion depths are reached.
Fine-grained, cohesive soils will be sampled using pushed, thin-walled Shelby tubes with an inside
diameter of 2.87-in. Our geotechnician will conduct field strength measurements using a pocket
penetrometer or hand torvane device on each cohesive soil sample recovered. The samples will be
wrapped in foil, placed in moisture sealed plastic bags and handled to minimize disturbance prior to
transport to our laboratory.
Where coarse-grained, cohesionless and semi-cohesionless soils are encountered, sampling will be
performed using standard penetration test (SPT) methods. Our geotechnician will monitor the
driving resistance and record blow counts while performing the SPTs. The disturbed samples from
the SPT sampling will be placed in moisture sealed plastic bags and delivered to our laboratory.
The test borings will be backfilled with auger cuttings and bentonite chips. Any leftover cuttings
will be scattered around the boring locations.
Laboratory Testing
Selected samples from the soil borings will be used for laboratory testing. Our laboratory testing
program will include properties such as moisture content, unit weight, various shear strength tests
(unconfined compression strength, unconsolidated-undrained triaxial compression strength, and
consolidated-undrained triaxial compression strength with pore water pressure), crumb dispersion,
one-dimensional, incremental loading consolidation, Atterberg Limits, and grain size distribution.
Engineering Analysis/Report Preparation
Engineering analysis will be conducted utilizing the information collected during our field program
and laboratory testing services. Analyses will include preliminary global stability of canal bulkhead
wall, analysis of anchor wall system, soil parameters for bulkhead wall analysis, pavement sections,
and erosion considerations neat the mudline. We will also provide earthwork discussions for the
project. We will present the results and findings of our geotechnical services in a written report.
Electronic and hard copies of our final report will be issued to the Client as requested.
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May 18, 2020
TWE Proposal No. P20-C036R1
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 3 of 5
Our final report will include the following:
a. Summary of field and laboratory tasks;
b. Discussion and conclusions of our findings including:
i. Project site conditions;
ii. Subsurface soil and groundwater conditions;
iii. Boring logs presenting tabulated field and laboratory test results;
c. Preliminary geotechnical recommendations including drivability of concrete
sheet piling; global stability of canal bulkhead wall for determination of
allowable safety factor, design of anchor wall system for canal bulkhead wall
including passive resistance on the anchor wall and location of anchor wall
behind main wall, design profile and soil parameters for bulkhead wall analysis;
d. Guidance for erosion susceptibility/characteristics of soils near the mudline of
the sheet piles based on cross section provided by LAN will be provided;
e. Preliminary geotechnical design recommendations for flexible (asphalt) and
rigid (concrete) pavement sections including subgrade preparation and required
component thicknesses. The information as requested by LAN in their
Geotechnical Scope of Work will be provided;
f. Geotechnical guidance will be provided regarding erosion/scour susceptibility;
and,
g. Geotechnical recommendations including subgrade preparation, excavation
considerations, fill and backfill placement, and overall quality control
monitoring, inspection and testing services.
Schedule
Upon authorization, our field program can typically commence within five (5) working days depending
on our current schedule, site access, weather contingencies and subsurface utility clearance. We
anticipate the field program will take one (1) day to complete with laboratory testing beginning as soil
samples are returned to the laboratory. We anticipate being able to complete all laboratory testing
within one (1) to two (2) weeks after completion of the field work. Engineering analysis and
preparation of our draft report will require two (2) to three (3) weeks after all laboratory testing is
completed. A final report will be available within one (1) week of receiving comments on the draft
report from LAN. We anticipate an overall project duration of five (5) to seven (7) weeks from notice
to proceed to completion of our final report. During this time, we will communicate with the Client
and provide preliminary information as needed to avoid delays in the overall project schedule.
Estimated Cost
The estimated cost associated with our geotechnical services for this project is presented below.
Every reasonable effort will be made to stay within this proposed budget. Should unforeseen
conditions or situations occur that are beyond the control of TWE, we will not exceed this lump
sum amount without prior approval from the Client.
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May 18, 2020
TWE Proposal No. P20-C036R1
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 4 of 5
Description Unit Quantity Rate Extension
Field Program
1 Project Setup/One Call/Coordination lump sum 1 $400.00 $400.00
2 Mobilize and demobilize truck mounted
drilling equipment lump sum 1 $1,600.00 $1,600.00
3 Drilling, sampling, personnel, &
equipment day 1 $2,300.00 $2,300.00
4 Grouting materials foot 100 $3.00 $300.00
5 Drill Crew Per Diem day 1 $275.00 $275.00
6 Senior Field Geotechnician day 1 $750.00 $750.00
7 Standby time for delays beyond our
control hour as expended $230.00 as expended
Laboratory Testing
8 Moisture Content/Visual Classification ea 10 $20.00 $200.00
9 Atterberg Limits ea 5 $50.00 $250.00
10 Percent Finer Than No. 200 Sieve ea 10 $50.00 $500.00
11 Unconfined Compressive Strength ea 2 $50.00 $100.00
12 Unconsolidated Undrained Triaxial
Shear Strength ea 3 $60.00 $180.00
14 Crumb Dispersion ea 2 $40.00 $80.00
15 Consolidated-Undrained Triaxial
Compression with Pore Water Pressure ea 2 $1,000.00 $2,000.00
16
One-Dimensional Incremental Loading
Consolidation with intermediate
rebound and reload
ea 1 $500.00 $500.00
Engineering Analysis/Report Preparation
17 Geotechnical Consultant hour 4 $180.00 $720.00
18 Project Manager - Geotechnical hour 10 $160.00 $1,600.00
19 Project Professional hour 36 $110.00 $3,960.00
20 Computer-Aided Draftsman hour 4 $75.00 $300.00
21 Administrative Support hour 3 $55.00 $165.00
Total Cost Estimate $16,180.00
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May 18, 2020
TWE Proposal No. P20-C036R1
Houston • Dallas • Corpus Christi • La Porte • Beaumont • Lake Charles • Baton Rouge • New Orleans
Page 5 of 5
Closing
If this proposal is acceptable, please sign and date below and return it to us. Receipt of the executed
proposal will serve as authorization to us to proceed with the services.
If you have any questions regarding this proposal, please contact us at (361) 884-5050. We appreciate
your consideration for this project and we look forward to working with you on this project.
Sincerely,
TOLUNAY-WONG ENGINEERS, INC.
Texas Board of Professional Engineers Firm Registration Number F -000124
Don R. Rokohl, P.E.
Branch Manager
DRR/drr
Signature: ____________________________________
Name: ____________________________________
Company: ____________________________________
Date: ____________________________________
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BIO-WEST, INC.
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is by and between, Lockwood, Andrews, and Newnam, Inc. (LAN), hereinafter
called “the CLIENT,” and BIO-WEST, Inc. (BIO-WEST), 1063 West 1400 North, Logan, UT, 84321;
hereinafter called BIO-WEST, who agree as follows:
1. DECLARATIONS. The CLIENT DESIRES TO ENGAGE BIO-WEST to provide consulting
services that may include environmental, technical, and other related services in connection with
CLIENT’S project (LOCATION) described as follows: City of Corpus Christi North Beach
Navigable Canal Project, Corpus Christi, Nueces County, Texas.
BIO-WEST will complete this project on a LUMP SUM, FIXED FEE BASIS, as stated and
described in the attached Scope of Work.
BIO-WEST has submitted a proposal and fee schedule to CLIENT, a copy of which is attached
and made a part hereof for services, which fee schedule is acceptable to CLIENT.
2. SCOPE OF WORK. BIO-WEST shall provide consulting services that may include
environmental, technical, and other related services for the above-referenced LOCATION in
accordance with the attached Proposal and Standard Terms and Conditions made a part of this
agreement.
3. COMMENCEMENT AND COMPLETION. The work covered by this Contract shall
commence on or before the 30th day of May, 2020.
4. AUTHORIZATION. This agreement is not binding upon BIO-WEST until it is signed by a duly
authorized officer.
EXECUTED THIS _____ day of _____________________, 20__.
By __________________________________________________________
Client Name (print or type) Title
By __________________________________________________________
Client (signature)
By __________________________________________________________
BIO-WEST, Inc. (signature) Title
Attached: Scope of Work dated May 14, 2020
Project Site Exhibit
BIO-WEST 2020 Standard Terms and Conditions
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
1018 Frost Street • Rosenberg, Texas 77471 • 832.595.9064
May 14, 2020
Mr. Joseph E. Scarborough, PE
Market Segment Leader, Port and Coastal Services
Lockwood, Andrews, & Newnam, Inc.
2925 Briarpark Drive, Suite 400
Houston, TX 77042-3720
Re: Request for Environmental Support Services
Proposed City of Corpus Christi North Beach Navigable Canal Project
Corpus Christi, Nueces County, Texas
Dear Mr. Scarborough:
BIO-WEST, Inc. (BIO-WEST) is pleased to provide the following scope of work and cost estimate for
environmental support for the proposed City of Corpus Christi’s (the City’s) proposed North Beach
Navigable Canal Project (“the project”) in Corpus Christi, Nueces County, Texas. For this project,
BIO-WEST understands that the City intends to construct a navigable canal between Timmons Boulevard
(Blvd) and Surfside Blvd in the North Beach area of Corpus Christi with a tidal entrance channel near
Bushick Place and Steward Place. BIO-WEST also understands that although the primary purpose of this
project is to alleviate drainage and floodplain issues in this neighborhood, the project as proposed also has
the potential positively impact economic development in the area.
To support this effort, BIO-WEST proposes to assist the project team with the identification of potential
environmental concerns (wetlands/waters, protected species, marine resources, cultural resources, etc.),
that may result from the project. BIO-WEST understands that on Lockwood, Andrews, & Newnam, Inc.
(LAN) is the Engineer of Record for this project, and will be representing the City, the permit applicant
and end client. Project site figures depicting the project area and footprint are attached for reference.
Based on communication with LAN, BIO-WEST proposes to use a phased approach to this project. This
scope of work includes services related to Phase I: Initial Coordination and Desktop Assessments with
Limited Field Verifications. BIO-WEST anticipates providing a separate proposal at a later date for
services related to Phase II: Formal Surveys and Permitting. For ease of understanding, this proposal is
organized according to Technical Approach, Schedule, Cost Estimate and Conditions of Engagement,
Assumptions, and Summary.
TECHNICAL SCOPE – PHASE I
Task 1: Initial Coordination with Agencies and Stakeholders
To kick-off the project and assist with future permitting efforts, BIO-WEST will coordinate one in-person
meetings with LAN, the City, and the United States Army Corps of Engineers (USACE) Corpus Christi
Field Office as a pre-application in Corpus Christi, Texas or with Joint Evaluation Meeting (JEM) with
the entire Interagency Review Team (IRT) in Galveston, Texas to facilitate project progress and navigate
potential permitting approvals.
For this meeting, BIO-WEST will provide all necessary paperwork (agenda, meeting minutes, etc.), maps,
and exhibits to assist both agencies and stakeholders in understanding the project’s goals and objectives.
BIO-WEST will also coordinate up to three teleconference meetings internally for this project between
BIO-WEST, LAN, and the City to ask questions, solicit feedback, and receive project information and
updates for the necessary permit approvals. BIO-WEST assumes up to three rounds of comments and
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
Lockwood, Andrews, & Newnam, Inc.
Request for Environmental Support Services
Proposed City of Corpus Christi North Beach Navigable Canal Project
Corpus Christi, Nueces County, Texas
May 14, 2020
Page 2
1018 Frost Street • Rosenberg, Texas 77471 • 832.595.9064
summary memos may be needed for this effort, for inclusion into LAN’s Preliminary Engineering Report
(PER) on the project.
During and following each meeting or teleconference, BIO-WEST will assist LAN and the City team with
design, organization, and permitting strategies for all aspects of the project, including dredge and fill
scenarios, dewatering and entrapment issues, and potential hazardous materials sampling plans, analysis,
handling, and disposal. BIO-WEST will assist LAN and the City in proactively addressing issues and
agency requirements as well as preparing conceptual plans and outlines, meeting minutes, and agendas to
address agency and stakeholder comments and answer any pertinent questions prior to any formal
permitting effort.
Throughout this phase, BIO-WEST will provide the necessary experienced personnel to manage the
project and meet all of LAN’s needs. To facilitate project completion, BIO-WEST will provide a single
point of contact to LAN for the purposes of project interface, budget tracking and forecasts, project
updates, and scheduling. BIO-WEST’s Project Manager will provide project updates, field data, and
progress reports on a regular schedule through both telephone and email correspondence. BIO-WEST’s
Project Manager will assume the role of QA/QC and will participate in iterative review and revision of
project data, documentation, permits, and agency submittals at the direction of LAN.
Task 2: Desktop Assessment and Limited Field Verification
BIO-WEST will conduct a desktop review and evaluation of the proposed project site for potential waters
of the United States, including wetlands and other special aquatic sites (WOTUS), threatened and
endangered species, and cultural resources. BIO-WEST will perform a background and literature review
of the project area, evaluating the following items:
• Potential jurisdictional wetland/water bodies regulated by the USACE
• Section 10 Navigable Waters
• Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs)
• United States Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) imagery
• National Hydrography Dataset (NHD) imagery
• Current and Historical Aerial Imagery
• LIDAR and current United States Geological Society (USGS) Topographic Quadrangle Maps
• State-specific resource maps (sensitive watersheds, protected habitat, etc.)
• USFWS Information for Planning and Conservation (IPaC) tool
• USFWS Environmental Conservation Online System (ECOS) mapper
• Texas Parks and Wildlife Department (TPWD) Natural Diversity Database (NDD)
• Texas State Historic Preservation Office (SPHO) and Texas Historical Atlas (THA) records
Following the desktop evaluation, BIO-WEST will conduct one, two-day limited field verification of the
project site to provide a cost savings for the project. This field visit will include photo-documenting the
project site and evaluating the potential for impacts to WOTUS, protected species, and aboveground
cultural or historical resources from any proposed development. While this task is not intended to act as a
formal field survey for any of these resources, BIO-WEST will verify the results of the desktop
assessment versus existing field conditions.
Additionally, at the request of LAN, BIO-WEST will collect up to two water quality samples from the
water column within wading or small craft distance of the mean high tide (but outside of the surf zone) to
test for turbidity and suspended solids. BIO-WEST will coordinate with LAN and an accredited
laboratory on the sample kits and collect both samples during the field work. BIO-WEST will deliver the
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Lockwood, Andrews, & Newnam, Inc.
Request for Environmental Support Services
Proposed City of Corpus Christi North Beach Navigable Canal Project
Corpus Christi, Nueces County, Texas
May 14, 2020
Page 3
1018 Frost Street • Rosenberg, Texas 77471 • 832.595.9064
samples back to the lack and have them tested for Total Suspended Solids (TSS) and supply the results to
LAN.
Once complete, BIO-WEST will produce one environmental review letter report focusing on the project
site referenced in this scope. The cultural resource portion of this review report will be overseen by a
qualified cultural resource firm. The letter report will include maps, figures, and other pertinent
information to assist LAN and the City in understanding development constraints on the project site
related to WOTUS, protected species, and cultural resources. After one round of comments are
incorporated in the initial draft report, BIO-WEST will provide a final copy to LAN and the City to use
for planning and permitting purposes.
SCHEDULE
BIO-WEST will start coordinating schedules and meetings within two weeks of receiving notice to
proceed. Following each meeting, BIO-WEST will provide input on LAN’s meeting minutes for
participant review within one week. The remainder of the project schedule will be set as coordination
with agencies and stakeholders progresses.
ASSUMPTIONS
BIO-WEST made the following assumptions in the development of this scope of work:
• This proposal is inclusive of all effort, manpower, equipment, and cost required to complete the
referenced scope of work.
• BIO-WEST assumes up to three rounds of comments may be needed prior to the final production
of materials for Task 1 meetings and teleconferences.
• BIO-WEST assumes one in-person meeting will be required for this scope of work.
• BIO-WEST assumes up to three teleconferences internally between BIO-WEST, LAN, and the
City will be required for this scope of work.
• BIO-WEST assumes that each in-person meeting or teleconference will have a preparation
component and that each in-person meeting will require up to one day for travel and meeting
time.
• BIO-WEST will be provided with site access to all properties within the subject property during
normal business hours.
• If the results and findings indicate the need for further study beyond the scope of work
specifically referenced herein, BIO-WEST will notify LAN of the conditions of concern and
recommendations for revised services, and additional costs and request a change order.
• Only one, two-day limited field verification is included in this proposal for Task 2. No formal
surveys or permitting are proposed as part of this proposal.
• BIO-WEST will collect two water quality samples during field efforts to test for TSS in the water
column. If additional sampling is required, BIO-WEST can perform this under a separate scope of
work and cost estimate.
COST ESTIMATE AND CONDITIONS OF ENGAGEMENT
BIO-WEST proposes to provide the aforementioned services for the following fixed fee, lump sum prices
below based on a breakdown by task in Table 1.
DocuSign Envelope ID: 19199D5A-9BD2-4716-A328-B83C3E4529EEDocuSign Envelope ID: 750C0FD3-F822-4057-9A8C-4B265AE40E9E
Lockwood, Andrews, & Newnam, Inc.
Request for Environmental Support Services
Proposed City of Corpus Christi North Beach Navigable Canal Project
Corpus Christi, Nueces County, Texas
May 14, 2020
Page 4
1018 Frost Street • Rosenberg, Texas 77471 • 832.595.9064
Table 1: Cost Estimate by Task
Task Fee
Task 1: Initial Coordination with Agencies and Stakeholders $6,040.00
Task 2: Desktop Assessments and Limited Field Verifications $7,950.00
Total $13,990.00
This cost is an estimate based upon project knowledge and our current 2020 standard billing rates. The
information presented is intended to assist with environmental permitting needs (i.e. Section 404/10 of
CWA/RHA, Section 106 of NHPA, etc.) and provide additional support for project planning.
SUMMARY AND CONDITIONS OF ENGAGEMENT
To accept this cost estimate, please sign and date the attached BIO-WEST Agreement for Consulting
Services, and return an electronic copy to BIO-WEST. Acceptance of this proposal, in whole or part,
entails acceptance of BIO-WEST’s attached Standard Terms and Conditions. This proposal is valid for 60
days from the date above.
BIO-WEST greatly appreciates the opportunity to provide this scope of services and cost estimate. If you
have any questions or would like any additional information, please feel free to contact me at
(832) 595-9064 or mchastain@bio-west.com.
Sincerely,
Matthew Chastain, PWS
Project Manager/Ecologist
cc: Lars Zetterstrom, Lockwood, Andrews, and Newnam, Inc.
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BIO-WEST, INC.
STANDARD TERMS AND CONDITIONS 2020
AGREEMENT FOR SERVICES
ARTICLE 1. SERVICES
BIO-WEST will:
1.1 Act for the CLIENT in a professional manner, using the degree of care and skill ordinarily exercised by and
consistent with the standards of competent consultants practicing in the same fields and a similar locality of
LOCATION.
1.2 Provide only those services that, in the opinion of BIO-WEST, lie within the technical or professional areas
of expertise of BIO-WEST and which BIO-WEST is adequately staffed and equipped to perform.
1.3 Perform all technical services under the general direction of a corporate principal and in substantial
accordance with the basic requirements of the appropriate standards designated by the CLIENT.
1.4 Consider all reports to be the confidential property of CLIENT and distribute reports only to those persons,
organizations, or agencies specifically designated in writing by the CLIENT or authorized representative,
or as required by law.
1.5 Retain all pertinent records relating to the services performed for a period of 3 years following submission
of the report. During this period, the records will be made available to the CLIENT at all reasonable times.
1.6 Submit copies of a complete preliminary draft of the report for review and comment by the CLIENT prior
to the preparation and submittal of the final draft of the report.
1.7 Submit the report at the conclusion of the study and cover in reasonable detail each area outlined in the
Exhibits.
ARTICLE 2. CLIENT’S RESPONSIBILITIES
The CLIENT (or authorized representative) will:
2.1 Provide BIO-WEST full information regarding the characteristics, history, and operations on LOCATION,
including structure(s), existing underground utilities and facilities, legal and regulatory background, and
other information necessary for the proper performance of BIO-WEST. BIO-WEST will not be liable for
damages or injury arising from damage to existing underground utilities, structures, hazardous wastes, or
other materials that are not called to BIO-WEST’s attention and correctly shown on the plans furnished.
The CLIENT agrees to defend, indemnify, and save BIO-WEST harmless from all claims, suits, losses,
costs, and expenses, including reasonable attorney’s fees, as a result of personal injury, death, or property
damage occurring with respect to BIO-WEST’s performance of its work and resulting to or caused by
contact with subsurface or latent objects, structures, lines, or conduits where the actual or potential
presence and location thereof were not revealed to BIO-WEST by the CLIENT.
2.2 Furnish right of entry onto LOCATION for BIO-WEST to make necessary field studies. BIO-WEST will
endeavor to minimize damage to the land but makes no guarantee to restore the site to its original condition
unless a separate agreement is made for such restoration, in which case BIO-WEST shall add the cost of
restoration to the fee for LOCATION.
2.3 Designate in writing those persons, organizations, or agencies to be contacted in the event conditions are
revealed during the execution of BIO-WEST’s study that would require possible alteration of the study.
2.4 The CLIENT shall pay all costs incurred by BIO-WEST in defending itself against the claim, including but
not limited to personnel-related costs, attorney’s fees, court costs, and other claim-related expenses, in the
event that the CLIENT makes a claim against BIO-WEST, at law or otherwise, for any alleged error,
omission, or other act arising out of the performance of BIO-WEST’s services, and the CLIENT fails to
prove such claim upon final adjudication.
ARTICLE 3. GENERAL CONDITIONS
3.1 BIO-WEST, by the performance of services covered hereunder, does not in any way assume, abridge, or
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abrogate any of those duties, responsibilities, or authorities with regard to LOCATION customarily vested
in any other agencies or authorities.
3.2 BIO-WEST shall not be responsible for acts or omissions of any party or parties involved on LOCATION
or the failure of any contractor or subcontractor to operate in accordance with recommendations contained
in any correspondence or verbal recommendation issued by BIO-WEST.
3.3 This agreement may be terminated by either party by sending 30 day written notice. If this agreement is
terminated by CLIENT, BIO-WEST shall be paid in full for all services performed through the termination
date, plus five percent (5%) of all sums for work not yet performed as liquidated damages, and the client
shall be provided with a complete report of the results of tests and analysis conducted prior to termination
following receipt of payment.
3.4 Neither the CLIENT nor BIO-WEST may delegate, assign, or transfer their duties or interest in this
agreement without the written consent of the other party.
ARTICLE 4. INSURANCE
4.1 A. BIO-WEST shall maintain the following insurances during the term of this Contract:
TYPE OF COVERAGE POLICY LIMITS
Workers’ Compensation:
* Workers’ Compensation Statutory
* Employers’ Liability $1,000,000
Commercial General Liability $1,000,000 per each occurrence.
$3,000,000 general aggregate.
Business Automobile Liability $1,000,000 combined single limit, per occurrence.
Professional Liability $1,000,000 per occurrence on a
claims-made basis.
If the CLIENT desires additional coverage, any additional premium is to be paid by the CLIENT.
4.2 Upon reasonable request, BIO-WEST shall furnish the CLIENT with satisfactory evidence that all
insurance required to be carried by it hereunder is in full force and effect and such insurance will not be
canceled or materially altered prior to the expiration of 30 days following delivery to the CLIENT of notice
of any such cancellation or alteration.
ARTICLE 5. WARRANTY AND LIMITATION OF PROFESSIONAL LIABILITY
5.1 THE ONLY WARRANTY OR GUARANTEE MADE BY BIO-WEST IN CONNECTION WITH
SERVICES PERFORMED UNDER THIS AGREEMENT IS THAT SUCH SERVICES ARE
PERFORMED WITH THE CARE AND SKILL ORDINARILY EXERCISED BY MEMBERS OF THE
PROFESSION PRACTICING UNDER SIMILAR CONDITIONS AT THE SAME TIME AND IN THE
SAME OR SIMILAR LOCALITY. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS MADE
OR INTENDED BY RENDITION OF CONSULTING SERVICES OR BY FURNISHING ORAL OR
WRITTEN REPORTS OF THE FINDINGS MADE.
5.2 Tests and inspections: The CLIENT shall cause all tests and inspections of the site, materials, and work
performed by BIO-WEST or others to be timely and properly performed in accordance with the plans,
specifications, and contract documents and BIO-WEST’s recommendations. No claims for loss, damage,
or injury shall be brought against BIO-WEST by the CLIENT or any third party unless all tests and
inspections have been so performed and unless BIO-WEST’s recommendations have been followed. The
CLIENT agrees to indemnify, defend, and hold BIO-WEST, its officers, employees, and agents harmless
from any and all claims, suits, losses, costs, and expenses, including, but not limited to, court costs and
reasonable attorney’s fees, in the event that all such tests and inspections are not so performed or BIO-
WEST’s recommendations are not so followed, except to the extent that such failure is the result of the
negligence, willful or wanton act, or omission of BIO-WEST, it officers, agents, or employees, subject to
the limitation contained in paragraph 5.1.
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5.3 Responsibility: BIO-WEST’s work shall not include determining, supervising, or implementing the means,
methods, techniques, sequences, or procedures of construction. BIO-WEST shall not be responsible for
evaluating, reporting, or affecting job conditions concerning health, safety, or welfare. BIO-WEST’s work
or failure to perform same shall not in any way excuse any contractor, subcontractor, or supplier from
performance of its work in accordance with the contract documents. BIO-WEST has neither right nor duty
to stop the contractor’s work.
5.4 Sample disposal: Unless otherwise agreed in writing, test specimens or samples will be disposed
immediately upon completion of the test. All drilling samples or specimens will be disposed of 60 days
after submission of BIO-WEST report.
5.5 Employee’s/witness fees: BIO-WEST’s employees shall not be retained as expert witnesses except by
separate, written agreement. The CLIENT agrees to pay BIO-WEST’s legal expenses, administrative costs,
and fees pursuant to BIO-WEST’s then current fee schedule for BIO-WEST to respond to any subpoena.
The CLIENT agrees not to hire BIO-WEST’s employees except through BIO-WEST. In the event the
CLIENT hires a BIO-WEST employee, the CLIENT shall pay BIO-WEST an amount equal to one-half of
the employee’s annualized salary, without BIO-WEST waiving other remedies it may have.
5.6 Any exploration, testing, surveys, and analyses associated with the work will be performed by BIO-WEST
for the CLIENT’s sole use to fulfill the purpose of this service agreement, and BIO-WEST is not
responsible for interpretation by other of the information developed. The CLIENT recognizes that
subsurface conditions beneath the LOCATION may vary from those encountered in boring, surveys, or
explorations, and that information and recommendations developed by BIO-WEST are based solely on the
information available to them.
5.7 The CLIENT recognizes that failure of state of local governmental entity to approve part or all of a plan
may require additional analysis and/or revisions.
5.8 BIO-WEST’s liability for damages due to professional negligence will be limited to a sum not to exceed
the fee paid to BIO-WEST for this project.
5.9 The CLIENT further agrees to notify any contractor and subcontractor who may perform work in
connection with any design, report, or study prepared by BIO-WEST of such limitation of professional
liability for design defects, errors, omissions, or professional negligence, and to require, as a condition
precedent of their performing their work, a like indemnity and limitation of liability on their part as against
BIO-WEST.
5.10 Nothing contained within this agreement shall be construed or interpreted as requiring BIO-WEST to
assume the status of an owner, operator, generator, storer, transporter, treater, or disposal facility as those
terms appear within Resource Conservation and Recovery Act (RCRA) or within any Federal or State
statute or regulation governing the generation, transportation, treatment, storage, and disposal of pollutants.
The CLIENT assumes full responsibility for compliance with the provision of RCRA and any other Federal
or State statute or regulation governing the handling, treatment, storage, and disposal of pollutants.
ARTICLE 6. PAYMENT
6.1 The CLIENT will pay BIO-WEST for services and expenses in accordance with the attached fee schedule.
At BIO-WEST’s option, invoices will be presented at the completion of its work or monthly and will be
paid within 30 days of receipt by the CLIENT or authorized representative. The CLIENT agrees to pay a
finance charge of 1.5 percent per month on past-due accounts. Should either party hereto bring suit in court
to enforce any term of this agreement, it is agreed that the prevailing party shall be entitled to recover costs,
expenses, and reasonable attorney’s fees. Payments more than 30 days past due shall, unless remedied
within 10 days of notice to the CLIENT, excuse BIO-WEST from further performance thereunder and shall
obligate the CLIENT to immediately pay all sums (including accrued interest), plus 5 percent of all sums of
work not yet performed as liquidated damages.
6.2 BIO-WEST shall be paid in full for all services under this agreement, including any unforeseen need for
BIO-WEST’s services exceeding original contract requirements. Payment for such services shall be made
irrespective of any claim by the CLIENT for compensation for additional work conducted. Any such claim
shall in no respect delay payment of fees for services performed by BIO-WEST.
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ARTICLE 7. INDEPENDENT CONTRACTOR
7.1 It is understood and agreed that BIO-WEST shall perform the work according to its own means and
methods, and shall be an independent contractor. All persons employed by BIO-WEST in connection with
the work shall be BIO-WEST employees or consultants, subject only to its orders and supervision and shall
be paid directly by it. Neither the CLIENT nor its agents, servants, or employees shall have the right to
direct, supervise, or control the manner or method in which the work is performed, except as otherwise
expressly provided herein. The CLIENT reserves the right upon itself and its agents to inspect the work,
however, for the purpose of determining whether the work is being performed in conformity with the
Contract Documents.
ARTICLE 8. ASSIGNMENT AND SUBCONTRACTING
8.1 This contract shall be binding on and inure to the benefit of the parties hereto and their respective
successors and assigns; provided, however, that BIO-WEST shall not assign, transfer, let, or sublet, in
whole or in part, the work under this Contract without written notice to the CLIENT and the agreement in
writing of each such subcontractor to perform its work in conformity with the terms of the Contract
Documents that apply to such work, and BIO-WEST shall be fully responsible for the acts and omissions of
such subcontractors.
ARTICLE 9. NO WAIVER
9.1 Failure on the part of BIO-WEST or the CLIENT to timely enforce any condition or provision of the
Contract shall not be deemed to be a waiver of such condition or provision, except to the extent that the
same is expressly waived or consented to in writing by the party entitled to enforcement thereof.
ARTICLE 10. JURISDICTION
10.1 The parties agree that the courts of Cache County, Utah, shall (at the election of BIO-WEST) have original,
exclusive jurisdiction of disputes arising hereunder.
ARTICLE 11. EXTENT OF AGREEMENT
11.1 The agreement, including these terms and conditions, represents the entire agreement between the CLIENT
and BIO-WEST, and supersedes all prior negotiations, representations, or agreements, written or oral. The
agreement may be amended only by written instrument signed by the CLIENT and BIO-WEST.
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North Beach Phase 1 tasks and budget for the Harte Research Institute
Submitted to LAN on May 19, 2020
Submitted by James C. Gibeaut, Ph.D., PG
Task 1: Hydrodynamic modeling support
This task will generate hydrodynamic boundary conditions and provide a 2D, xyz grid for use in a CMS-
Flow model. HRI will calculate water level and current velocity boundary conditions for neap and
average tide conditions occurring over a 1-month long time series using HRI’s Delft3D model of Corpus
Christi Bay. The Delft3D model runs on Texas A&M – Corpus Christi’s High-Performance Computing
system. HRI will also create a 2D xyz grid needed to build the CMS-Flow model. The grid will merge
existing bathymetric data along North Beach with the xyz data in the Delft3D model.
Task 2: Data collection support
HRI will assist in the effort to collect pertinent datasets and technical reports.
Gibeaut (hrs)Subedee(hrs)Dotson(hrs)Labor Travel Computing Task Cost
Task 1 Hydrodynamic Modeling Support 30 125 50 15,534.00 700.00 500.00 $16,734.00
Task 2 Data collection support 40 20 60 10,549.00 200.00 0.00 $10,749.00
Total Cost $26,083.00 $900.00 $500.00 $27,483.00
Hourly rate
Gibeaut $155.20
Subedee $67.02
Dotson $50.01
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Sample form for:
Payment Request
AE Contract
Revised 02/01/17
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY
WILL RESULT IN DELAYED PAYMENT OF INVOICES.
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).E
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1 Rev 01/20
EXHIBIT C
Insurance Requirements
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. The City must be
listed as an additional insured on the General liability and Auto Liability
policies, and a waiver of subrogation is required on all applicable
policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$4,000,000 Per Claim
If claims made policy, retro date must
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2 Rev 01/20
be prior to inception of agreement,
have 3-year 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, with the exception of professional liability, which may be
on a per claims made 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 is 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 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City with the exception
of the professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1.6.3 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
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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.
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Contract for Professional Services
EXHIBIT D
Excerpt from Corpus Christi General Conditions for Construction Projects
Related to Design Services
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Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1 – Definitions and Terminology ....................................................................................................... 2
Article 2 – Preliminary Matters ..................................................................................................................... 8
Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8
Article 4 – Commencement and Progress of the Work ................................................................................ 9
Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9
Article 6 – Bonds and Insurance ................................................................................................................. 10
Article 7 – Contractor’s Responsibilities ..................................................................................................... 10
Article 8 – Other Work at the Site ............................................................................................................... 10
Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10
Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11
Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13
Article 12 – Change Management .............................................................................................................. 13
Article 13 – Claims ....................................................................................................................................... 14
Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16
Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16
Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16
Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16
Article 18 – Suspension of Work and Termination ..................................................................................... 16
Article 19 – Project Management ............................................................................................................... 16
Article 20 – Project Coordination ................................................................................................................ 16
Article 21 – Quality Management ............................................................................................................... 17
Article 22 – Final Resolution of Disputes .................................................................................................... 17
Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17
Article 24 – Document Management .......................................................................................................... 17
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 1 of 22
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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A.Terms with initial capital letters, including the term’s singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined, terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2.Agreement - The document executed between Owner and Contractor covering the
Work.
3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4.Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8.Bidder - An individual or entity that submits a Bid to Owner.
9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid
Form and attachments, and required certifications.
10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier’s check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form, refers to individual instrument.
12.Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times, or terms and conditions of the Contract.
13.Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a.Requesting an adjustment in Contract Price or Contract Times;
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Page 2 of 22
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b. Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c. Challenging a set-off against payment due; or
d. Seeking a Modification with respect to the terms of the Contract.
14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as
identified at the preconstruction conference or in the Notice to Proceed.
15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor is not a Claim.
16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other
materials that are or become listed, regulated, or addressed pursuant to:
a. The Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. (“CERCLA”);
b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.;
c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”);
d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.;
e. The Clean Water Act, 33 U.S.C. §§1251 et seq.;
f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or
g. Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous, toxic, or dangerous waste, substance,
or material.
17. Contract - The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18. Contract Amendment - A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a. Authorizes new phases of the Work and establishes the Contract Price, Contract
Times, or terms and conditions of the Contract for the new phase of Work; or
b. Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19. Contract Documents - Those items designated as Contract Documents in the
Agreement.
20. Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications, and increases or decreases in unit price quantities, if any, that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21. Contract Times - The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
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b. Achieve Substantial Completion; and
c. Complete the Work.
22. Contractor - The individual or entity with which Owner has contracted for performance
of the Work.
23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work - The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections, reference standards,
tests, or approvals referred to in the Contract Documents; or
c. Has been damaged or stolen prior to OAR’s recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26. Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27. Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract - The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order - A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition - The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract.
31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs
resulting from claims or demands against Owner’s Indemnitees. These costs include
fees for engineers, architects, attorneys, and other professionals.
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32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations,
ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts
having jurisdiction over the Project.
33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34. Milestone - A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
c. Field Order; or
d. Work Change Directive.
36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City’s officers, employees, agents, or
representatives, authorized to administer design and construction of the Project.
39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members,
partners, employees, agents, consultants, and subcontractors.
41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor’s plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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45. Resident Project Representative or RPR - The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46. Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents - A schedule of required documents, prepared, and maintained
by Contractor.
48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor’s Applications for Payment.
49. Selected Bidder - The Bidder to which Owner intends to award the Contract.
50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings, whether approved or not, are not
Drawings and are not Contract Documents.
51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications - The part of the Contract that describes the requirements for materials,
equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor - An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion - The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions - The part of the Contract that amends or supplements the
General Conditions.
56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data - Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities; or
c. Hazardous Environmental Conditions at the Site.
58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
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steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
59. Unit Price Work - Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive - A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to “at no additional cost to Owner,”
“at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,”
“satisfactory,” or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following
meanings when used in connection with services, materials, or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
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3. Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4. Perform or provide the specified services, materials, or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words “furnish,” “install,” “perform,” or
“provide.”
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind, class, and type even though the word
“all” is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or
similar words include the meaning of the phrase “The Contractor shall...” before these
words.
3. Unless specifically stated that action is to be taken by the OPT or others, it is understood
that the action described is a requirement of the Contractor.
G. Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H. Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT’s project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I. Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2 – PRELIMINARY MATTERS
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
B. Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards, whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable, or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer’s or OAR’s interpretation by submitting a Change Proposal.
ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications; and
6. Advise OPT of Designer’s findings, conclusions, and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer’s findings,
conclusions, and recommendations.
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5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer’s findings, conclusions, and
recommendations.
ARTICLE 6 – BONDS AND INSURANCE
ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES
ARTICLE 8 – OTHER WORK AT THE SITE
ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner’s Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner’s duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06 Insurance
9.07 Modifications
9.08 Inspections, Tests, and Approvals
A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT’s Responsibilities
A. The OPT does not supervise, direct, or have control or authority over, and is not responsible
for Contractor’s means, methods, techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION
10.01 Owner’s Representative
A. OAR is Owner’s representative. The duties and responsibilities and the limitations of
authority of OAR as Owner’s representative are described in the Contract Documents.
10.02 Visits to Site
A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer’s visits and observations are
subject to the limitations on Designer’s authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s
quality assurance program, and administer the Contract as Owner’s representative as
described in the Contract Documents. OAR’s visits and observations are subject to the
limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives’ authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A. Designer’s authority related to Shop Drawings and Samples are described in the Contract
Documents.
B. Designer’s authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer’s authority related to Modifications is described in Article 11.
D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor
does not agree with the Designer’s decision.
10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor’s Team.
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ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
ARTICLE 12 – CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT’s description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies, fuels, and materials;
5) Royalties and patent fees;
6) Bonds and insurance;
7) Overhead and profit;
8) Field office costs;
9) Home office cost; and
10) Other items of cost.
d. Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
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provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e. Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor’s risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13 – CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim; or
2. After a final decision on a Change Proposal has been made.
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C. Claims by Contractor that are not received within the time period provided by section
13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those
alleging an error or omission by Designer but excluding those arising under Section 7.12, shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise; or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action, the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
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ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION
ARTICLE 19 – PROJECT MANAGEMENT
ARTICLE 20 – PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation, or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
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ARTICLE 21 – QUALITY MANAGEMENT
ARTICLE 22 – FINAL RESOLUTION OF DISPUTES
ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24 – DOCUMENT MANAGEMENT
ARTICLE 25 – SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general, to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor’s Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors, textures, or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does, in general, conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
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25.05 Special Certifications and Reports
25.06 Warranties and Guarantees
25.07 Shop Drawing Submittal Procedures
25.08 Sample and Mockup Submittal Procedures
25.09 Requests for Deviation
25.10 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article for general conformance with the Contract Documents.
1. Designer’s review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Designer’s review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs incident
thereto.
3. Designer’s review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B. Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1. Designer will respond to Contractor’s markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2. Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a. Approved: Shop Drawing is found to be acceptable as submitted.
b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
c. Not Approved: Shop Drawing or products described are not acceptable.
3. Shop Drawing will also be designated for one of the following actions:
a. Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b. Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
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c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g. Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4. Drawings with a significant or substantial number of markings by the Contractor may be
marked “Approved as Noted” and “Resubmit with corrections made.” These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5. Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as “At Variance With” (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations, then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D. Requested deviations will be reviewed as possible Modification to the Contract Documents.
1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2. A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3. A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
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Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the
Shop Drawing process is closed.
F. Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26 – RECORD DATA
26.01 Work Included
26.02 Quality Assurance
26.03 Contractor’s Responsibilities
26.04 Record Data Requirements
26.05 Special Certifications and Reports
26.06 Warranties and Guarantees
26.07 Record Data Submittal Procedures
26.08 Designer’s Responsibilities
A. Record Data will be received by the Designer, logged, and provided to Owner as the Project
record.
1. Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2. Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3. Contractor’s responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B. Designer may take the following action in processing Record Data:
1. File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of “Filed as
Received” and no further action is required on that Record Data.
2. Reject the Record Data for one of the following reasons:
a. The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
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Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.”
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b. The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and
Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and
marked “Filed as Received.” When Record Data is filed, no further action is
required and the Record Data process will be closed.
c. The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked “Rejected” and “Cancel
- Not Required.” No further action is required and the Record Data process will be
closed.
C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as
Received.”
ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29 – EXECUTION AND CLOSEOUT
29.01 Substantial Completion
A. Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B. OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C. Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1. Designer will notify the Contractor of items that must be completed before the Project
will be considered substantially complete.
2. Correct the noted deficiencies in the Work.
3. Notify the Designer when the items of Work in the Designer’s notice have been
completed.
4. OPT will revisit the Site and repeat the process.
5. Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6. Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
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29.02 Final Inspections
A. Notify the Designer when:
1. Work has been completed in compliance with the Contract Documents;
2. Equipment and systems have been tested per Contract Documents and are fully
operational;
3. Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4. Specified spare parts and special tools have been provided; and
5. Work is complete and ready for final inspection.
B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C. Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E. Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30 – MISCELLANEOUS
END OF SECTION
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