HomeMy WebLinkAboutC2020-469 - 6/23/2020 - Approved June 26, 2020
4 WI r
Jacobs Engineering Group, Inc.
Jeff Ely, P.E.
CONTRACTS AND Manager of Projects
PROCUREMENT 555 N. Carancahua, Suite 320
DEPARTMENT
Corpus Christi, Texas 78401
PO Box 9277
Corpus Christi
Texas, 78469-9277
Phone: Subject: Cole Park Pier Improvements (Project No. 18171 B)
361.826.3160
Dear Mr. Ely,
Enclosed is the executed Amendment No. 1 which was approved by City
Council on June 23, 2020 by Motion No. M2020-108 for providing Professional
Services for an amount not to exceed $613,055.00 for a total restated fee not
to exceed $713,055.00.
Invoices should reference the above Proiect Name and Number as shown
and submitted to the City of Corpus Christi, Finance Department, Attn:
Accounts Payable, P.O. Box 9277, Corpus Christi, TX 78469.
Sincerely,
Clarissa Johnson
Contracts/Funds Administrator
CJ:ag
Encl.
cc: J.H. Edmonds, P.E., Director of Engineering Services
—_` -^.- ^..- .-~- --__--_-_-
000uaignEnvelope ID:c4zE1ooE-oon7-4n1o'ooeE-57on4oaoo1ao
SERVICE AGREEMENT NO. 2899
CITY OF CORPUS CHRISTI
AMENDMENT NO. 1 to the
CONTRACT FOR PROFESSIONAL SERVICES
The Qty of Corpus Christi, Texos, hereinafter called "CITY," d JACOBS ENGINEERING GROUP,
hereinafter called "CONSULTANT," agree to the following amendment |
Services for Cole Park Pier as authorized and
administratively amended by:
E Or
IN THE ORIGINAL CQhjTRACT, EXHIBIT A. SCOPE OF SER\/|CES, mho|| be modified as shown in
the attached Exhibit and A-1.
IN THE C}Ft|G|KJAL CONTRACT, ARTICLE | - SCOPE OF SERV|CES, per paragraph 1.6. the City's
General Conditions for Construction Contracts omitted from the original contract are hereby added
s
Exhibit D. Exhibit [) includes the Designer's responsibilities during the Construction Administration and
Construction Observation Phases as noted in Exhibit A and A-1. The Designer's responsibilities are
only noted in the sections that refer to the Designer. All other terms and conditions in Exhibit O refer
to Contractor's responsibilities. The Designer has no express or implied services not specifically noted
in the Designer's responsibilities.
IN THE ORIGINAL CONTRACT, COMPENSATION eho|| be modified as shown in the attached Exhibit
A for an additional #so not to exceed $613,055.00 for a total revised fee not to exceed .
All other terms and conditions of the February 11. 2020 contract between the "CITY" and
"CONSULTANT" and of any amendments to that contract which are not specifically addressed herein
shall remain in full force and effect.
CITY OF CORPUS CHRISTI JAC[>BS E0G|NEERNG GROUP, INC.
Lo°""m ^by
e--------------
Pefef';�ano'ni ate—/ e Date
City Manager ' Manager ofProjects
555 N. Carencahua' Suite 320
Corpus Chriuti, Texas 78401
(281) 778-2525
Jeff.E|y@Jocobs.conn
Sidnmy.Faaa@Jscoba.nVm
APPROVED AS TO F(]RP0 K82020'108
Authorized By
o°""m o^
6/19/2020 Council 06/23/2020
Legal Date
vo
ATTEST:
»°=uSw"ed by:
Rebecca Huerta
City Secretary
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
COLE PARK PIER IMPROVEMENTS
PROJECT NO. 18717A
I. SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this Contract, Preliminary Phase may include Schematic Design and
Design Phase services may include Design Development as applicable to
Architectural/Engineering services.
1. Preliminary Phase
The Architect/Engineer(A/E), also referred to as Consultant, will:
a) Attend Project Kick-off Meeting and additional meetings as described in Exhibit
A-1. Distribute meeting minutes to attendees within five working days of the
meeting.
b) Perform a site visit, take photographs of existing conditions and prepare
photograph logs.
c) Provide geotechnical scope recommendations and coordinate with the City's
Geotechnical Investigation Company. Proposed boring sites shall be approved
by the City Project Manager prior to performing geotechnical investigation.
d) Request and review available reports, record drawings, utility maps and other
information provided by the City pertaining to the project area.
e) Prepare preliminary opinions of probable construction costs (OPCC) for the
recommended improvements.
f) Conduct preliminary analysis of lighting, including existing equipment,
above/below ground electrical service, etc. Provide recommendations for
improvements/upgrades.
g) The A/E will participate in discussions with the Parks and Recreation
Department; Development Services and other agencies and US Army Corps of
Engineers as required to satisfactorily complete the Project. Any directions or
changes to scope provided by the Operating Department or other agencies shall
be reviewed with the City Engineering Department PM prior to
including/excluding from the scope of work.
h) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project including permitting, environmental, historical,
construction, and geotechnical issues; upon request or concurrence of the
Project Manager, coordinate with agencies such as Texas Department of
Licensing and Registration (TDLR) and the United States Army Corps of
Engineers (USACE).
i) Prepare exhibits for one Parks and Recreation Advisory Committee meeting
Prepare an Engineering Letter Report (ELR) ( 2-3 page main-body text
document with supporting appendices) that documents the analyses, approach,
opinions of probable construction costs, and document the work with text, tables,
schematic-level exhibits and computer models or other applicable supporting
documents required per City Plan Preparation Standards (CPPS). The
Engineering Letter Report to include:
(1) Provide a concise presentation of pertinent factors, sketches, designs, cross-
sections, and parameters which will or may impact the design, including
engineering design basis, preliminary layout sketches, construction
sequencing, alignment, cross section, geotechnical testing report, right-of-
EXHIBIT"A"
Page 1 of 7
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
way requirements, identification of needed additional services, identification
of needed permits and environmental consideration, existing and proposed
utilities, existing electric identification of quality and quantity of materials of
construction, and other factors required for a professional design.
(2) Provide an opinion of probable construction costs.
(3) Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues; meet as City
agent or with City participation and coordinate with agencies such as TDLR
and USACE.
(4) Summarize the Geotechnical Report findings and criteria for the pier and
parking area design
(5) Provide preliminary index of anticipated drawings and specifications.
j) Initiate ELR submittal discussion with City PM to brief PM on any concerns or
issues prior to distribution of ELR submittal.
k) Submit one (1) copy in an approved electronic format, and two (2) hard copies
of the Draft Engineering Letter Report.
1) Participate in ELR review meeting with City staff and others on the Draft
Engineering Letter Report as scheduled by City Project Manager.
m) Address review comments and questions and provide written responses to the
City PM.
n) Assimilate all City review comments into the Final Engineering Letter Report.
Provide one (1) electronic and one (1) hard copy using City Standards as
applicable and suitable for reproduction.
City staff will provide electronic copies of the following information (as applicable and
requested through the City PM):
a) Electronic index and database of City's Record Drawing and record information.
b) Record Drawings and record information as available from City Engineering
files.
c) The preliminary budget, specifying the funds available for construction.
d) A copy of existing studies and plans (as available from City Engineering files).
e) Copy of Geotechnical Investigation Report.
Note: Applicable Master Plans and GIS mapping are available on the City's
website. The records provided for A/E's use under this Contract are
proprietary, copyrighted, and authorized for use only by A/E, and only for
the intended purpose of this project. Any unauthorized use or distribution
of the records provided under this Contract is strictly prohibited.
2. Design Phase.
Upon approval of the preliminary phase, designated by receiving authorization to
proceed from the City Project Manager, the A/E will:
a) Coordinate with AEP and City Traffic Engineering to identify location of electrical
power conduit for lighting.
b) Prepare Construction Documents in City standard format for the work identified
in the approved ELR. Construction plans to include improvements or
modifications to the pier and lighting systems within the Project limits, per the
Project scope. Include standard City of Corpus Christi detail sheets and
specifications as applicable to the Project.
EXHIBIT"A"
Page 2 of 7
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(1) Prepare construction plans in compliance with CPPS using English units on
full-size (22" x 34") for the final plans, however all submittals (except the
final plans will be half-size (11" x 17")
(2) Prepare Traffic Control and Construction Sequencing Plans (TCP). The
TCP will include construction sequencing, typical cross section and
construction phasing plan sheets, warning and barricades, as well as
standards sheets for barricades, traffic control plan,
(3) Recommend pollution control measures and Best Management Practices
(BMP) layout for the Contractor's Storm Water Pollution Prevention Plan,
using the City Standard Notes and BMP Detail Sheets as applicable.
c) Submit two (2) sets of the 90% plans and bid documents (90% submittal) in
electronic and half-size hard copies using City Standards as applicable to City
staff for review and approval purposes. Include the 90% estimate of probable
construction costs, 90%submittal Executive Summary,Submittal Packet, Project
and Drawing Checklists, responses to previous review comments and the
Contract Document Book with in-line Track Changes in red to identify all
proposed edits to the City Construction Contract Documents.
d) Participate in Project 90% review meeting. Prepare and distribute meeting
minutes to attendees within five working days of the meeting. Assimilate all
review comments, as appropriate, and proceed to the pre-ATA (Authorized for
Advertisement) submittal.
e) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in
electronic and half-size hard copy using City Standards as applicable for City's
Pre-ATA review. Include the pre-ATA OPCC and written responses to previous
review comments. The pre-ATA (100%) submittal will not include a full
distribution and review unless in the opinion of the City Project Manager the
questions from the previous review have not been adequately addressed or
resolved in the pre-ATA submittal. If this occurs, the PM may request additional
distribution, meeting, review and related revisions at no additional cost to the
City.
f) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the
final plans and contract documents (signed and sealed, electronic and half-
size hard copy using City Standards as applicable) suitable for reproduction.
Said bid documents henceforth become the shared intellectual property of the
City of Corpus Christi and the Consultant. The City agrees that any modifications
of the submitted final plans (for other uses by the City) will be evidenced on the
plans and be signed and sealed by a professional engineer prior to re-use of
modified plans.
g) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all
submittals accurately reflect the percent completion designated and do not
necessitate an excessive amount of revision and correction by City. Additional
revisions or desiqn submittals are required (and within the scope of Consultant's
duties under this Contract) if, in the opinion of the City Engineer or designee,
Consultant has not adequately addressed City-provided review comments or
provided submittals in accordance with City standards.
h) Prepare and submit Monthly Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly
progress and review meetings.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the Project.
EXHIBIT"A"
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DocuSign Envelope ID C42E12DE-OB97-4516-B25E-57394382B186
b) Provide the budget for the Project specifying the funds available for the
construction contract.
c) Provide electronic copy the City's Standard Specifications, Standard Detail
sheets, Front End Contract Documents, and forms for required bid documents.
3. Bid Phase
The A/E will:
a) Participate in the pre-bid conference to discuss scope of work and to answer
scope questions
b) Review all questions concerning the bid documents and prepare any revisions to
the plans, specifications and bid forms that may be necessary.
c) Attend bid opening and assist with the evaluation of bids.
d) Assist with the review of the Contractor's Statement of Experience and confirm it
meets Contract requirements.
e) For bids over budget, the A/E will confer with City staff and provide and, if
necessary, make such revisions to the bid documents as the City staff deems
necessary to re-advertise the Project for bids.
f) Provide two (2) hard copy set and one (1) electronic set of conformed drawings
and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the
City.
The City staff will:
a) Advertise the Project for bidding, maintain the list of prospective bidders, issue
any addenda, prepare bid tabulation and conduct the bid opening.
b) Coordinate the review of the bids with the A/E.
c) Prepare agenda materials for the City Council concerning bid awards.
d) Prepare, review and provide copies of the Contract for execution between the City
and the Contractor.
4. Construction Administration Phase.
The A/E will perform construction administration to include the following:
a) Participate in pre-construction meeting conference and provide to the City PM a
recommended agenda for critical construction activities and elements impacting
the project.
b) Review Contractor submittals and operating and maintenance manuals for
conformance to Contract Documents.
c) If requested by the City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for the
Contractor and authorize required changes, which do not affect the Contractor's
price and are not contrary to the general interest of the City under the Contract
as requested by the Owner's Authorized Representative (OAR).
e) Make periodic (four hours per week for nine months ) visits to the site of the
Project to confer with the City Project Inspector and Contractor to observe the
general progress and quality of work, and to determine, in general, if the work is
being done in accordance with the Contract Documents. This will not be
confused with the Construction Observation Services or continuous monitoring
of the progress of construction.
f) Provide interpretations and clarifications of the plans and specifications for the
Contractor and recommendations to the City for minor changes which do not
affect the Contractor's price and are not contrary to the general interest of the
City under the Contract as requested by the OAR
EXHIBIT
Page 4 of 7
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
g) Attend final inspection with City staff, provide punch list items to the City's
Construction Engineers for Contractor completion, and provide the City with a
Certificate of Completion for the Project upon successful completion of the
Project.
h) Review Contractor-provided construction "red-line" drawings. Prepare Project
Record Drawings and provide a reproducible set and electronic file (both PDF
and AutoCAD r.14 or later) within one (1) month of receiving the Contractor's
red-line drawings. All drawings shall be CADD drawn using dwg format in
AutoCAD, and graphics data will be in .dxf format with each layer being provided
in a separate file. Attribute data will be provided in ASCII format in tabular form.
All electronic data will be compatible with the City GIS system. The Record
Drawings should incorporate the Contractor's red-lines and identify all changes
made during construction. The Drawing Cover and each sheet should be clearly
identified as the Record Drawing and should indicate the basis and date.
i) When requested by the OAR, assist in addressing Request for Information (RFI)
submitted by the Contractor.
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Conduct the final inspection with the A/E.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of
this contract if authorized by the Director of Engineering Services.A/E may not begin work
on any services under this section without specific written authorization by the Director of
Engineering Services. Fees for Additional Services are an allowance for potential services
to be provided and will be negotiated by the Director of Engineering Services as required.
The A/E shall, with written authorization by the Director of Engineering Services, perform
the following:
1. Permit Preparation. Furnish the City documentation necessary for the U.S. Army
Corps of Engineers Letter of Permission (LOP) for the Cole Park Pier.
2. Bathometric Survey. All work must comply with Category 1-A, Condition I
specifications of the Texas Society of Professional Surveyors' Manual of Practice for
Land Surveying in the State of Texas, latest edition. All work must be tied to and in
conformance with the City's Global Positioning System(GPS)control network.All work
must comply with all TxDOT requirements as applicable. Include references tying
Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the
vicinity of the Project that will not be disturbed by construction. Survey sheets shall
be sealed by a Registered Public Surveyor, provided to the City and included in the
bid document plan set.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
c) Set project control points for Horizontal and Vertical Control outside the limits of
area that will be disturbed by construction.
d) Horizontal control will be based on NAD 83 State plane coordinates (South
Zone), and the data will have no adjustment factor applied — i.e. —the coordinate
data will remain in grid.
e) Vertical control will be based on NAVD 88.
EXHIBIT"A"
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DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
f} Provide a bathymetric survey to include stations every 50 ft along the shoreline
within the project limits. Survey readings shall be taken perpendicular to the
shoreline every 10 ft and extending from the shoreline to the centerline of the
Channel. Survey shall conform to the USACE standards "Other General
Surveys and Studies (Coastal Engineering Surveys)" specifications according to
USACE Manual No. 1110-2-1003.
3. Construction Observation Services. To Be Determined
4. Warranty Phase. To Be Determined.
Provide the services above authorized in addition to those items shown on Exhibit "A-
1"Task List,which provides supplemental description to Exhibit"A". Note: The Exhibit
"A-1" Task List does not supersede Exhibit "A".
I. SCHEDULE Anticipated schedule to be adjusted based on actual NTP and review dates.
Date Activit
June 16, 2020 NTP
July 14, 2020 Draft ELR Submittal
July 21, 2020 City Review
July 28, 2020 Final ELR Submittal
October 6, 2020 90% Design Submittal
October 13, 2020 City Review
October 27, 2020 100% Pre-ATA Submittal
November 10, 2020 Final Sealed Bid Package
November 24, 2020 Advertise for Bids
December 8, 2020 Pre-Bid Conference
December 22, 2020 Receive Bids
February 21, 2020 Contract Award
March 21, 2020 Begin Construction
August 21, 2021 Complete Construction
II. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all "Basic
Services" authorized as per the table below. The fees for Basic Services will not exceed
those identified and will be full and total compensation for all services outlined in Section
I.A.1-4 above, and for all expenses incurred in performing these services. The fee for
this project is subject to the availability of funds. The A/E may be directed to
suspend work pending receipt and appropriation of funds. For services provided,
A/E will submit monthly statements for services rendered. The statement will be based
upon A/E's estimate (and with City's concurrence) of the proportion of the total services
completed at the time of billing. City will make prompt monthly payments in response to
A/E's monthly statements.
B. Fee for Additional Services. For services authorized by the Director of Engineering
Services under Section I.B. "Additional Services", the City will pay the A/E a not-to-exceed
fee as per the table below:
EXHIBIT"A"
Page 6 of 7
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
SUMMARY OF FEES
A. BASIC SERVICES
Original Contract Amendment#1 Total
1A INITIAL PRELIMINARY PHASE
Time and Materials $ 100,000 $ 100,000
1B REMAINDER PRELIMINARY PHASE $ 147,025 $ 147, 025
1 DESIGN PHASE $ - $ 335,385 $ 482,410
2 BID PHASE $ - $ 23,050 $ 505,460
3 CONSTRUCTION ADMINISTRATION
PHASE $ - $ 85,435 $ 590,895
SUBTOTAL OF BASIC SERVICES $ 100,000 $ 490,895 $ 590,895
B.ADDITIONAL SERVICES
1 PERMIT PREPARATION " $ - $ 10,560 $ 10,560
2 BATHYMETRICSURVEY" $ - $ 11,600 $ 11,600
3 CONSTRUCTION OBSERVATION
SERVICES (TBD)- $ - $ - $ -
4 WARRANTY PHASE TBD $ - $ - $ -
SUBTOTAL OF ADDITIONAL SERVICES $ - $ 22,160 $ 22,160
SUMMARY OF FEES
BASIC SERVICES FEE $ 100,000 $ 490,895 $ 590,895
ADDITIONAL SERVICES FEES $ - $ 22,160 $ 22,160
TOTAL AUTHORIZED FEES $ 100,000 $ 613,055 $ 713,055
*Additional Services authorized in coordination with the notice to proceed for Basic Services and written
authorization from the City to the A/E is required prior to performing these services.TBD includes those services
that may be amended into the contract at a later date.
EXHIBIT"A"
Page 7 of 7
Revised 26 March 2019
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
EXHIBIT "A-1"
TASK LIST
CITY OF CORPUS CHRISTI, TEXAS
COLE PARK PIER IMPROVEMENTS
PROJECT NO. 18717A
I. SCOPE OF SERVICES
Project Limits and Scope
The project scope is described in the City of Corpus Christi (City) RFQ 2699. Cole Park is one
of the City's busiest regional parks for both residents and visitors. Cole Park Pier is used for
general recreation and fishing. The Cole Park Pier (Pier) was constructed early 1970's and was
closed approximately April 2018 due to public safety concerns. The Pier was constructed with
driven concrete piling with precast concrete caps that support the precast walkway and fishing
area. The pier structure recently experienced a partial collapse of the first few concrete walkway
panels that connect the Pier to the shoreline.
The Pier is a "T head" shaped structure comprised of the concrete walkway that extends
approximately 500 linear feet (If) to the"T head" fishing area as noted on Figure 1. There are
two smaller fishing decks, located approximately 250 If and 330 If from the shoreline. The "T
head" main fishing area is 20 If wide and extends approximately 80 If. The walkway at the
shoreline is 6-foot wide and widens to 10-foot from the first fishing deck to the "T head"fishing
area. A Structural Condition Assessment of the existing Pier revealed that the majority of the
Pier's structural integrity has been lost to corrosion.
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a
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FIGURE 1- Cole Park Pier
EXHIBIT"A-1"
Page 1 of 6
000uSign Eme|op.eID:c4zE1ooE-oon7-4n1o'ooeE-n7on4oaoo1ao
The project viUinn|udmtwx) construrtionpackages:
• Pier Demolition Project.
• Pier and Pier Public Use Improvements and Sbmvvork and Lundside Public Use
Improvements.
The Pier Demolition Project scope includes demolition of the existing Pier structural components
and e|mcirioe| system. The new Pier will include:
w Similar dimensions aathe existing Pier however the walkway will beaminimum 10R
wide. The Pier will include five bump out areas.
w Floodlight and walkway lights and electrical service tothe Pier.
w Seating areas, shade structures and overlook areas.
The 8hevvorkand LenUsiUe Public Use Areas project scope orennted on Figure and will
include:
• Anexpanded parking lot.
m Seating oreas, benches, shade structures and signage.
FIGURE 2 —Giievvork and LendaidePublic Use Areas
A. BASIC SERVICES
1. Preliminary Phase
a) Design Project W1anagennen[ andW1metings
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
1) Provide design project management (four months) , monthly reports and
subconsultant coordination.
2) Participate in biweekly project design review meetings for the anticipated
four-month design phase (eight meetings) with City Staff and one review
meeting to receive City comments on the Draft Engineering Letter Report
(ELR).
3) Participate in one City Parks and Recreation Advisory Committee meeting as
noted in Exhibit A.
b) Preliminary Design (30%)
1) The City will provide a geotechnical investigation report prepared by a
geotechnical investigation company including two marine borings and one
land boring.
2) Review geotechnical results.
3) Establish site environmental criteria (wind, waves, tides etc.).
4) Determine still water elevation.
5) Provide a numerical spectral wave modelling study to determine design wave
conditions and overtopping rates including local bathymetry in Corpus Christi
Bay.
6) Determine forces generated during extreme flooding events and establish
shoreline scour protection.
7) Analyze future sea level rise changes and perform numerical model
simulations that include future sea level rise (SLR) projection scenarios
including local land subsidence.
8) Structurally analyze the Pier components.
9) Develop Pier components including sections and details.
10) Develop accessibility requirements in accordance with Texas Department of
Licensing and Regulation (TDLR) standards.
11) Determine electrical and lighting requirements for the Pier and sitework
(subconsultant).
12) Prepare a Preliminary Opinion of Probable Construction Costs (OPCC) for
the pier and sitework options.
13) Prepare a project schedule.
14) Prepare an abbreviated Draft Engineering Letter Report (two pages) and
include:
(a) Project Description.
(b) Surveys.
(c) Design Loads (live loads, dead loads, hydrodynamic loads).
(d) Pier Replacement Options.
(e) Sitework Options (parking areas and sidewalks and considering the hike
and bike trail).
(f) Pedestrian Connectivity Between the Pier, Parking Lots , Playground and
Skatepark.
(g) Electrical and Lighting Description and Requirements.
(h) Regulatory Permits (USACE).
EXHIBIT "A-1"
Page 3 of 6
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(i) OPCC.
Q) Project Schedule.
(k) Anticipated Index of Final Design Drawings and Specifications.
(1) Copy of Geotechnical Investigation Report.
(m)Recommendations.
15) Prepare and submit preliminary design plans (approximately 30% complete
with adequate detail to establish the project parameters) including the
following anticipated drawings:
Pier and Pier Public Use Improvements
(a) Cover Sheet.
(b) General Notes, Abbreviations and Design Criteria (1 sheet).
(c) Project Layout (1 sheet).
(d) Site Plans (2 sheets).
(e) Pier Structural Details (2 sheets).
(f) Pier Public Use Options 1 and 2 - Plans and Sections including
renderings. (4 sheets).
(g) Electrical and Lighting Plans and Sections (3 sheets).
Sitework and Landside Public Use Improvements
(a) Cover Sheet.
(b) General Notes, Abbreviations and Design Criteria (1 sheet).
(c) Project Layout (1 sheet).
(d) Sitework Plan and Sections (2 sheets).
(e) Landside Public Use Plans and Sections including renderings (4 sheets).
(f) Drainage Plan and Sections (2 sheets).
(g) Electrical and Lighting Plans and Sections (3 sheets).
16) Provide QA review of deliverables.
17) Submit the Engineering Letter Report to the City and participate in a review
meeting.
18) The Final Engineering Letter Report will incorporate review comments from
the City review meeting. The City's review will include the final selection of a
Pier and Pier Public Use option and Sitework and Landside Public Use
option.
2. Design Phase (90%, 100% and Final)
a) Finalize the structural, civil and electrical engineering analysis and architectural
design of the tasks noted in the Preliminary Design and prepare CAD drawings
for the deliverables noted below.
b) Deliverables
1) 90% Submittal.
Plans—Anticipated drawings include the following:
Pier and Pier Public Use Improvements
(a) Cover Sheet (1 sheet).
(b) General Notes Abbreviations and Design Criteria (2 sheets).
(c) Estimated Quantities (2 sheets).
EXHIBIT "A-1"
Page 4 of 6
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(d) Overall Layout/Project Control/Utility Layouts (2 sheets).
(e) Site Plans (2 sheets).
(f) Testing Schedule (1 sheet).
(g) Demolition Plans and Sections (4 sheets).
(h) Pier Plans and Sections (8 sheets).
(i) Pier Public Use Plan and Sections (8 sheets).
0) Electrical and Lighting Plan and Sections (4 sheets).
Sitework and Landside Public Use Improvements
(a) Cover Sheet (1 sheet).
(b) General Notes Abbreviations and Design Criteria (2 sheets).
(c) Estimated Quantities (2 sheets).
(d) Overall Layout/Project Control/Utility Layouts (2 sheets).
(e) Testing Schedule (1 sheet).
(f) Sitework Plan and Sections (6 sheets).
(g) Landside Public Use Plan and Sections (9 sheets).
(h) Electrical and Lighting Plan and Sections (4 sheets).
(i) Miscellaneous Details (4 sheets).
Standard sheets including
(a) City Standard Details (10 sheets).
(b) Construction Phasing Layout and General Notes (1 sheet).
(c) Traffic Control (1 sheet).
(d) SW3P Notes (1 sheet).
(e) SW3P BMPs (1 sheet).
(f) SW3P Plan Sheets (2 sheets).
2) Plan Executive Summary, Project Checklist, Drawing Checklist.
3) Opinion of Probable Construction Cost.
4) 100% Submittal:
(a) Plans.
(b) Contract Documents.
(c) Opinion of Probable Construction Cost.
5) Bid Set Submittal:
(a) Final Plans.
(b) Contract Documents.
(c) Opinion of Probable Construction Cost.
b) Participate in review meetings (90% Submittal and 100% Submittal). Prepare
meeting agenda and meeting minutes.
c) Provide QA review of deliverables.
d) Prepare Monthly Status Reports.
B. ADDITIONAL SERVICES (ALLOWANCE)
1. Permit Preparation
a) US Army Corps of Engineers Letter of Permission for the Pier Construction
EXHIBIT "A-1"
Page 5 of 6
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
(1) Coordinate with the USACE in regard to a Letter of Permission for the Pier
Construction (one meeting).
(2) Coordinate a pre-application/review meeting with the USACE (one meeting).
(3) Prepare the USACE Letter of Permission permit document in the City's
name.
(4) Coordinate with the USACE in regard to questions, comments or requests for
information the USACE may need during the review and approval process.
2. Bathymetric Survey
a) As noted in Exhibit A, paragraph B.2.
3. Construction Observation (To Be Determined)
a) As noted in Exhibit A, paragraph B.3.
EXHIBIT "A-1"
Page 6 of 6
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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Page 1 of 1
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. A waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
be prior to inception of agreement,
have 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 Rev 01/20
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from 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.
2 Rev 01/20
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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
Article6—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..........................................................................................i 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
Article13—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
Article20—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
Article25—Shop Drawings.........................................................................................................................17
Article26—Record Data.............................................................................................................................20
Article 27—Construction Progress Schedule..............................................................................................21
Article 28—Video and Photographic documentation ................................................................................21
Article 29—Execution and Closeout...........................................................................................................21
Article30—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;
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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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;
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 3 of 22
DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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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,
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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 thatthe 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.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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DocuSign Envelope ID:C42E12DE-OB97-4516-B25E-57394382B186
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.
Desipmer 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 25.10.13 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:
I. 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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RFQ No. 2699
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1852 (PROJECT NO. 18171 B)
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with
the City to provide the following information. Every question must be answered. If the question
is not applicable, answer with "NA". See next page for Filing Requirements, Certification and
Definitions.
COMPANY NAME: Jacobs Engineering Group Inc.
P. O. BOX: STREET ADDRESS: 1999 Bryan Street, #1200
CITY: Dallas STATE: Texas ZIP: 75201
FIRM IS: 1. Corporation x 2.Partnership 3.Sole Owner ❑
4. Association ❑ 5.Other H
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Jacobs stock is purchased and traded daily by the general public. As such, disclosures regarding organization
ownership are controlled and regulated by applicable federal law that restricts disclosure of such information except
through certain government approved means.
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Jacobs stock is purchased and traded daily by the general public. As such, disclosures regarding organization
ownership are controlled and regulated by applicable federal law that restricts disclosure of such information except
through certain government approved means.
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Jacobs stock is purchased and traded daily by the general public. As such, disclosures regarding organization
ownership are controlled and regulated by applicable federal law that restricts disclosure of such information except
through certain government approved means.
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Jacobs stock is purchased and traded daily by the general public. As such, disclosures regarding organization
ownership are controlled and regulated by applicable federal law that restricts disclosure of such information except
through certain government approved means.
Exhibit E
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FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer
an economic benefit on any City official or employee that is distinguishable from the effect that
the action will have on members of the public in general or a substantial segment thereof, you
shall disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Jeffery A. Ely Title: Manager of Projects
Signature of �'� ArY
Certifying Person: Date: 02.04.20
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city,
including the board of any corporation created by the city.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have
an effect on that interest that is distinguishable from its effect on members of the public in
general or a substantial segment thereof.
c. "Employee." Any person employed by the city, whether under civil service or not, including
part-time employees and employees of any corporation created by the city.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed person,
partnership, corporation,joint stock company, joint venture, receivership or trust, and entities
which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi, Texas.
f. "Ownership Interest."Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.
g. "Consultant." Any person or firm,such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Exhibit E
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