HomeMy WebLinkAboutC2024-282 - 12/10/2024 - Approved Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
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H SERVICE AGREEMENT NO. 6313
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CONTRACT FOR PROFESSIONAL SERVICES
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FOR PROJECT 23061 — 16-INCH WATER MAIN EXTENSION HWY 286 TO
ALAMEDA
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director) and HALFF ASSOCIATES, 711 N CARANCAHUA ST., SUITE 1190, CORPUS CHRISTI,
TX 78401 (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES ........................................................................................2
ARTICLE II QUALITY CONTROL............................................................................................3
ARTICLE III COMPENSATION.................................................................................................3
ARTICLE IV TIME AND PERIOD OF SERVICE .......................................................................5
ARTICLE V OPINIONS OF COST ...........................................................................................5
ARTICLE VI INSURANCE REQUIREMENTS...........................................................................5
ARTICLE VII INDEMNIFICATION..............................................................................................6
ARTICLE VIII TERMINATION OF AGREEMENT .......................................................................6
ARTICLE IX RIGHT OF REVIEW AND AUDIT .........................................................................7
ARTICLE X OWNER REMEDIES ............................................................................................8
ARTICLE XI CONSULTANT REMEDIES..................................................................................8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ...............................................................8
ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................................... 10
EXHIBITS
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ARTICLE I — SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,
which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include
all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any
and all Services that would normally be required by law or common due diligence in accordance with the standard
of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be
performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit
A and with Consultant's response to the Request for Qualifications related to this project, which response is
incorporated by reference into this Agreement as if set out here in its entirety.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.
At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of
Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed
to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request,
Consultant must provide City with a list of all subconsultants that includes the services performed by
subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed
team as specified in the SOQ or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by
the City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges
and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,
excerpt attached as Exhibit D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and
will consult and advise the City on matters related to the Consultant's Scope of Services during the
performance of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A
and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation
unless stated otherwise.
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
1.10 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City's project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III — COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $ 337,848.50.
3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A
and will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually
agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three
(3) days of notice if tasks requested requires an additional fee.
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3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for
which Payment Requests have been previously issued and payments received from City shall, to the best of
Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided
labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from
any liens, claims, security interests or encumbrances filed by anyone claiming by, through or
under the items covered by payments made by City to Consultant.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City
from damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be
required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the
procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and
follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its
annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
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The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless
extended by authority of the City Manager or designee.
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the
Director of Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to
complete the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis
of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional
familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the
construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
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6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable
attorney's fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
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8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit, examination or inspection may be performed by a City
designee, which may include its internal auditors or an outside representative engaged by City. Consultant
agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is
an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the
dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples
include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, and any and all other agreements, sources of information and matters that may, in City's and
Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its
designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and
appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
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ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other
causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
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shall be made by Written Notice delivered by the party making the Claim to the other party within 21
calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying
the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent
to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar
days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request
for remedy or (iii) request Mediation.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement, and City shall continue to make payments in
accordance with this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for
similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a
written notice of such dispute,then the Parties shall proceed with the mediation process contained herein.
12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent
to filing any lawsuit, request mediation of the dispute.
12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except
upon agreement of both parties.
12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within 30 calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
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12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys'fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City's
governmental immunity from lawsuit, which immunity is expressly retained to the extent it is
not clearly and unambiguously waived by state law.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for
services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the
termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or
partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into
the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were physically included herein.
13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or
intentionally fails to comply with a requirement of that subchapter.
13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
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13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall
be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to
the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner
these goals and objectives are to be met.
13.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.10 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://Prd.tecprd.ethicsefile.com/TECCertint/pages/login/certLogin.isf. The form must then be printed,
signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at
httr)s://www.ethics.state.tx.us/filinginfo/I 295/.
13.11 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed
and tried in Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any
Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in
any way the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, the Consultant's response to
the Request for Qualifications related to this project, or in any other document prepared by Consultant and
included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence
and control to resolve said conflict.
13.15 Consultant verifies that it does not boycott Israel and will not boycott Israel during the term of this
Agreement; does not have a practice, policy, guidance or directive that discriminates against a firearm entity or
firearm trade association and will not discriminate against a firearm entity or firearm trade association during the
term of this Agreement; and does not boycott energy companies and will not boycott energy companies during
the term of this Agreement.
Contract for Professional Services
Page 11 of 12
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
CITY OF CORPUS CHRISTI HALFF ASSOCIATES, INC.
FDocuSigned by: DocuSigned by:
� 1/29/2025 F 1/20/2025
e mon s; P.E. Date o er . cliolz, P.E. Date
Director of Engineering Services Vice President, Operations Manager— Corpus Christi
711 N. Carancahua St., Suite 1190
Corpus Christi, TX 78401
(361) 400-0981 Office
rscholz(@halff.com
APPROVED AS TO LEGAL FORM:
DocuSigned by:
UMD----- ---
WUI � 1/23/2025
Assls an Ity Attorney Date M2024-186
Authorized By
Council 12/10/2024
ATTEST RH/5B
Fs
DocuSigned by: ,¢.,hf�L 6o)o' for 2/6/2025
City Secretary Date
Contract for Professional Services
Page 12 of 12
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
I. PROJECT DESCRIPTION
The City of Corpus Christi (City) intends to install a new 16-inch polyvinyl chloride (PVC)water
main from the intersection of Caldwell Street and Brownlee Boulevard on the east side of
Crosstown Expressway (SH 286) to the intersection of Alameda Street and Laredo Street.
This Project will assist in the need for reliable water service and will provide redundancy to
the downtown area. The City intends to retain the Engineer, also referred to as Consultant, to
provide project management, preliminary phase, surveying, design phase, bid phase, and
construction administration phase services to facilitate the installation of the new water main.
II. SCOPE OF SERVICES
A. BASIC SERVICES
The Consultant shall perform the following basic services necessary for the Project.
1. Project Management
The Consultant will:
a) Manage professional services to complete the Project, including development of
project schedule, regular internal coordination meetings, subconsultant management
and coordination.
b) Attend Project kick-off meeting and distribute meeting minutes to attendees within five
(5) working days of the meeting.
c) Prepare and submit a Monthly Status Report to the City Project Manager (PM) with
action items developed from Project review meetings. Monthly Status Reports shall be
submitted with monthly invoices.
d) Provide Quality Assurance/Quality Control (QA/QC) measures so 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 design
submittals are required (and within the scope of the 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.
2. Topographic and ROW Survey
All work must comply with Category 2 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
Exhibit "A" Page 1 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
Monuments in the vicinity of the Project that will not be disturbed by construction. Survey
sheets shall be sealed, provided to the City and included in the bid document plan set.
The Consultant will:
a) Establish horizontal and vertical control for the Project, both primary and secondary
horizontal/vertical control. Project control points shall be set outside the limits of area
that will be disturbed by construction. 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. Vertical control will be based on NAVD 88.
b) Research plats, ROW maps, deed, easements, and survey for fence corners,
monuments, and iron pins within the existing ROW and analyze to establish existing
apparent ROW.
c) Provide a preliminary base map containing apparent ROW, which will be used by the
Consultant to develop the proposed waterline alignment and its position relative to the
existing ROW. This preliminary base map must show lot or property lines, addresses,
and significant business/facility names.
d) Perform topographic survey to gather existing condition information. The fees
identified herein include survey of up to 3,000 feet as measured longitudinally along
existing street ROW.
e) Locate existing features within the apparent ROW.
f) Locate and identify trees at least five (5) inches in diameter, and areas of significant
landscape or shrubs within the apparent ROW.
g) Locate proposed soil/pavement core holes as drilled by the City's geotechnical
consultant, if available at time of field surveying.
h) Where applicable, the Consultant will provide TxDOT and/or City standard temporary
work zone traffic control consisting of cones and/or free-standing signage for this
Project. This scope of work does not include an engineered traffic control plan or
certified traffic control such as lane closure(s), flag person(s), changeable message
board(s), and/or arrow board(s). If necessary to facilitate survey and/or SUE field work,
the Consultant can provide an engineered traffic control plan and/or certified traffic
control as an additional service.
3. Preliminary Phase
The Consultant will:
a) Request and review available reports, record drawings, utility maps, and other
information provided by the City pertaining to the Project area.
b) Identify electric and communication utility companies and private pipeline companies
that may have existing facilities and determine routing options to avoid any existing
utilities. Relocation of existing utilities will not be included in this project. Request and
review available record drawings, utility maps, and other information provided by the
utility companies pertaining to the Project area. Submit a list of identified companies
to the City.
Exhibit "A" Page 2 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
c) Develop preliminary requirements for the proposed water main installation. Coordinate
with the City PM and identify potential impacts and needs of Corpus Christi Water
(CCW) and other affected City departments.
d) Identify and evaluate potential water main alignments within existing right-of-way
(ROW). The area to be considered for potential alignments will extend to Caldwell
Street on the north, Brownlee Boulevard and Crosstown Expressway (SH 286) on the
west, Alameda Street on the east, and Laredo Street on the south. Up to three (3)
alignments will be evaluated.
e) Provide recommendations regarding alignment, materials, appurtenances,
construction methods, and construction sequencing for the proposed water main.
f) Prepare preliminary opinion of probable construction costs (OPCC) for the
recommended improvements.
g) Prepare an Engineering Letter Report (ELR) that documents the approach, analyses,
recommendations, and OPCCs, and document the work with text, tables, and
schematic-level exhibits or other applicable supporting documents required per City
Plan Preparation Standards (CPPS). The ELR shall include:
i. Provide a concise presentation of pertinent factors, sketches, designs, cross-
sections, and/or parameters which will or may impact the design, which may
include engineering design basis, alignment evaluations, right-of-way
requirements, construction methods and materials, construction sequencing,
conformance to master plans, identification of needed additional services,
identification of needed permits and environmental consideration, identification
of public outreach and community stakeholder requirements, existing and
proposed utilities, and other factors required for a professional design.
ii. Include existing site photos with location key map.
iii. Provide OPCC.
iv. Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues.
v. Provide preliminary index of anticipated drawings and specifications.
h) Submit the Draft ELR in an approved electronic format.
i) Initiate ELR submittal discussion with City PM to brief PM on any concerns or issues
prior to distribution of Draft ELR submittal.
j) Participate in Draft ELR review meeting with City staff and others, as scheduled by
City PM. Prepare and distribute meeting meetings to attendees within five (5)working
days of the meeting.
k) Address City review comments and questions and provide written responses to the
City PM. ELR will be revised according to City review comments.
City staff will provide electronic copies of the following information (as applicable and
requested through the City PM):
Exhibit "A" Page 3 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
a) GIS mapping and shape files of large diameter waterlines and other utilities not
available on City's website.
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).
Note: Applicable master plans and GIS mapping are available on the City's website. The
records provided for Consultant's use under this Contract are proprietary, copyrighted, and
authorized for use only by Consultant, and only for the intended purpose of this Project.
Any unauthorized use or distribution of the records provided under this Contract is strictly
prohibited.
4. Design Phase
Upon approval of the ELR, designated by receiving authorization to proceed from the City
PM, the Consultant will:
a) Coordinate with CCW and other affected City departments to identify the approximate
locations and areas of existing utilities and pipelines that may have a significant
potential impact on the proposed improvements and for which further investigations
utilizing SUE may be required during the design phase. Provide recommended Level
A SUE test hole investigations scope. These critical locations, recommended test hole
investigations, and their basis of potential impact are to be clearly provided on a layout
for the City PM. Coordinate testing with City's SUE consultant. Proposed sites shall be
approved by the City PM prior to performing Level A SUE investigation.
b) Provide coordination with electric and communication utility companies and/or private
pipeline companies that may have existing facilities. Inform private utility and pipeline
owners whose facilities fall within the Project limits of the proposed improvements.
Identify areas of potential conflicts. Coordinate with private utility and pipeline owners
to obtain information on their respective utility/pipeline, up to and including Level A
SUE by the private utility/pipeline owner, as necessary. Performance of Level A SUE
is not included in this task. Waterline will be designed to avoid existing utilities, and no
relocation of existing utilities are included in this project.
c) Provide a general recommended geotechnical investigations scope and coordinate
testing with City's geotechnical consultant. Recommended geotechnical scope will
include recommendations for trench and pavement repair. Proposed sites shall be
approved by the City PM prior to performing geotechnical investigation.
d) Coordinate with the City Public Works Department regarding the PCI of existing
pavement and determine the pavement replacement limits necessary for the project.
Design of new pavement sections or changes to existing pavement alignments,
widths, thicknesses, or slopes is not included in this task.
e) Water line design should include review of water line connections at intersections and
easements and design for replacement of portions of these water lines within these
intersections/right-of-way. Design of connecting water lines will include profiles for
waterlines larger than 6" diameter. Anticipated up to fourteen (14) waterline
connections.
Exhibit "A" Page 4 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
f) Prepare the construction documents in City Standard format for the work identified in
the approved ELR. Construction plans shall include improvements or modifications to
the water system within the Project limits, per the Project scope. Include standard City
of Corpus Christi detail sheets and specifications as applicable to the Project.
i. Prepare construction plans in compliance with CPPS using English units on
full-size (22" x 34").
ii. Provide pollution control measures and BMP layout for the Contractor's Storm
Water Pollution Prevention Plan, using the City Standard Notes and BMP
Detail Sheets as applicable.
g) Submit the interim plans (60% submittal) in electronic format using City Standards as
applicable to City staff for review and approval purposes with 60% OPCC. Identify
distribution list for plans and bid documents to include all affected franchise utilities
and stakeholders.
i. Required with the interim plans is:
• Design Submittal Packet Checklist
• Executive Summary of the 60% submittal, which will identify and briefly
summarize the Project by distinguishing key elements of the Project,
decisions made, outstanding issues, items TBD, OPCC compared to
construction budget, and the schedule with changes identified.
• Project Submittal Checklist
• Drawing Review Checklist
• OPCC
• Drawings
• Draft Table of Contents with specification list
ii. Initiate 60% submittal discussion with City PM to brief PM on any concerns or
issues prior to distribution of 60% submittal.
h) Participate in Project 60% review meeting with City staff and others, as scheduled by
City PM. Prepare and distribute meeting meetings to attendees within five (5)working
days of the meeting. Assimilate all review comments, as appropriate, and upon
confirmation from the City PM proceed to the 90% design.
i) Submit pre-final plans and bid documents (90%submittal) in electronic format using
City Standards as applicable to City staff for review and approval purposes. Include
the 90% OPCC, 90% submittal Executive Summary, Submittal Packet, Project
Submittal, Bid Form, and Drawing Review 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 Contracts.
j) Participate in Project 90% review meeting with City staff and others, as scheduled by
City PM. Prepare and distribute meeting meetings to attendees within five (5)working
days of the meeting. Assimilate all review comments, as appropriate, and upon
confirmation from the City PM proceed to the pre-NOA submittal.
k) Prepare Traffic Control Plans for phased construction operations of the designed
waterline.
1) Provide pre-Notice of Advertisement(NOA) plans (100% unsealed and unstamped)
in electronic format using City Standards as applicable for City's pre-NOA review.
Exhibit "A" Page 5 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
Include the pre-NOA OPCC and written responses to previous review comments. The
pre-NOA (100%) submittal will not include a full distribution and review unless in the
opinion of the City PM the questions from the previous review have not been
adequately addressed or resolved in the pre-NOAsubmittal. If this occurs, the PM may
request additional distribution, meeting, review and related revisions at no additional
cost to the City.
m) Assimilate all pre-NOA comments, as appropriate, and provide the final plans and
contract documents (signed and sealed 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.
City staff will:
a) Designate an individual to have responsibility, authority, and control for coordinating
activities for the Project.
b) Provide the budget for the Project specifying the funds available for the construction
contract.
c) Provide an electronic copy of the City's Standard Specifications, Standard Detail
sheets, Front End Contract Documents, and forms for required bid documents.
d) Provide a copy of the geotechnical investigation report performed for the Project by
the City's geotechnical consultant.
e) Provide a copy of the Level A SUE test hole data forms performed for the Project by
the City's SUE consultant.
5. Bid Phase
The CONSULTANT 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 form that are necessary.
c) Assist the City to analyze bids, prepare bid tabulation, and make recommendation
concerning award of the contract.
d) Assist with the review of the Contractor's Statement of Experience and confirm it meets
Contract requirements.
e) Provide electronic set of conformed drawings and conformed Contract
Documents (PDF and original format [CADD/Word/etc.]) to the City.
Exhibit "A" Page 6 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
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 Consultant.
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.
6. Construction Administration Phase
The CONSULTANT will perform construction Contract administration to include the
following:
a) Participate in the pre-construction conference and provide 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. Estimated twelve (12) Contractor material
submittals.
c) If requested by the City, review and interpret field and laboratory tests.
d) When requested by the Owner's Authorized Representative (OAR), assist in
addressing Request for Information (RFI) submitted by the Contractor. Estimated at
four (4) Contractor RFIs.
e) If requested by the City, attend monthly progress meetings and provide meeting
minutes, make 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 observation or continuous monitoring of the progress of
construction performed by the City Project Inspector and/or the OAR. CONSULTANT
will not accept or approve the Contractor's work.
f) Provide interpretations and clarifications of the Contract Documents for the Contractor
and make 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. Estimated hours to assist in one (1) Contract
Change Order.
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, if requested by
City.
h) Review Contractor-provided construction "red-line" drawings. Prepare Project Record
Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD)
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.
Attribute data will be provided in ASCII format in tabular form. All electronic data will
Exhibit "A" Page 7 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
be compatible with the City GIS system. The Record Drawings should incorporate the
Contractor's red-lines and identify all changes made during construction and will
include tie-drawings for each waterline connection.The Drawing Cover and each sheet
should be clearly identified as the Record Drawing and should indicate the basis and
date.
i) Conformed set, record as-built drawings shall be provided in native formats and pdf
format, and furnished as per attached GIS Utility schema. Asset numbers will be
provided by CCW to be included in drawings at final design. Please contact the IT
GIS Manager for any clarification needed (Rebecca Basquez, 361-826-3405,
rebeccab2@cctexas.com).
City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Conduct the final inspection with the Consultant.
B. ADDITIONAL SERVICES
This section provides an allowance for Additional Services that may be included as part of
this contract if authorized by the Director of Engineering Services. Consultant 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.
1. Permit Preparation
Furnish the City with all engineering data and documentation necessary for all required
permits. The Consultant will prepare this documentation for all required signatures. The
Consultant will prepare and submit identified permits as applicable to the appropriate local,
state, and federal authorities.Authorities for which this Project is anticipated to potentially
require permits include:
a) Texas Department of Transportation (TxDOT): Permit application will be submitted
through the TxDOT RULIS System. The City will be responsible for all permitting fees.
2. Agency Coordination and Meeting
a) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project including permitting, environmental, historical,
construction, and geotechnical issues. Participate in discussions with CCW, other
City departments, and other agencies (such as the Texas Department of
Transportation (TxDOT), as required to satisfactorily complete the Project. Upon
request or concurrence of the City PM, coordinate with agencies such as Corpus
Christi Regional Transit Authority (CCRTA), Corpus Christi Community
Development Block Grant (CDBG), U.S. Postal Service (USPS), Corpus Christi
Exhibit "A" Page 8 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
Independent School District (CCISD), community groups, etc. Any directions or
changes to scope provided by CCW, other City departments, or other agencies
shall be reviewed with the City PM prior to including/excluding from the scope of
work. The fees identified herein are based on an assumption of up to three (3)
meetings during preliminary and three (3) during design, as well as coordination
efforts necessary.
3. Environmental Issues
a) Perform a desktop review of the proposed linear alignment to determine if construction
activities are proposed through potentially affected or contaminated easements. This
will include ordering historical data from regulatory databases and completion report
with any findings listed.
b) This scope does not include any field investigations based on desktop review findings.
If necessary, Consultant can provide additional scope and fee to perform
environmental borings and soil samples for laboratory analysis to determine degree of
contamination and mitigation response.
4. Subsurface Utility Engineering (SUE)
SUE investigation for all utilities (City and third party) shall be conducted to Level C as
part of Topographic and ROW Survey referenced above and in accordance with ASCE
Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of
Existing Subsurface Utility Data". The proposed subsurface utility investigation will be
Level B — Determine the approximate horizontal position of conductive/toneable utilities
within the Project limits using geophysical prospecting equipment and mark using paint
and/or pin flags. Utilities to be designated may include buried communication, electric,
natural gas, petroleum pipeline, traffic signal, water, wastewater, and storm drain/storm
sewer. Designation of irrigation lines, HDPE lines, gathering lines, asbestos concrete
and/or PVC lines, as well as PVC lines without tracer wire or access, are excluded from
this scope of work. Because of limited utility record information and the possibility of non-
conductive/un-toneable utilities, Consultant is unable to guarantee all utilities will be found
and marked within the Project limits. Level B SUE utility markings will be surveyed for
inclusion in the Project base map.
a) Obtain x, y, and z coordinates of all accessible existing water, wastewater, storm water,
IT and gas lines as well as any other lines owned by third parties and locate all visible
utilities, wells and signs within the apparent ROW width along Project limits.
b) Open accessible manholes and inlets to obtain information on structure invert, type,
and size, and all related pipe size, type, invert, orientation, and flow direction.
c) Generate electronic planimetric base map for use in Project design and provide the
electronic planimetric base map to the City's SUE consultant and/or geotechnical
consultant if required.
Quality Level A—A selected number of hours for QL-A services have been included. It is
anticipated that these hours will complete up to five (5) QL-A testholes, depending on
complexity and depth. If additional QL-A testholes are needed they can be completed
under the active SUE MSA#4221.
Exhibit "A" Page 9 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
For QL-A test holes Halff will cut up to a 12" square test hole, excavate down to utility,
record the depth to top of utility, backfill & compact the hole, and restore the surface
to its original condition. An iron rod with cap or "x-cut" will be set to mark the
approximate centerline location of the utility. A jackhammer will be utilized for work to
be performed in asphalt and concrete areas. This Scope of Services includes all test
holes being performed in one (1) mobilization.
If test holes are requested on non-conductive/untonable utilities depicted as Quality
Level-D where the horizontal location is assumed, Halff will coordinate with Client and
respective utility owner, on-site personnel if private property and available records to
pinpoint the location to perform the test hole. Due to the concrete/ground conditions,
one (1)attempt shall be made, which may or may not expose the subject utility. Should
the utility not be exposed, Halff will coordinate with the City of Corpus Christi for
direction on digging additional test holes if required and shall be compensated for each
test hole dug.
Deliverables for the Quality Level-B 2D Utility Designation will be 11-in. x 17-in. SUE
plan sheets depicting the findings of the investigation. Deliverables for the Quality
Level-A Test Hole excavations will be a 8.5-in. x 11-in. Test Hole Data Form for each
Test Hole performed indicating depth, size, location, and other notable characteristics
of the utility. Electronic files will be provided in AutoCAD format along with PDFs and
photos.
C. EXCLUSIONS
Services not identified, whether specifically noted or implied, in the scope of work
discussed herein are considered excluded and may be performed or arranged for
separately by the City or may be added to the Consultant's responsibilities by mutual
agreement and written authorization as Additional Services. Said services include but are
not necessarily limited to the following:
1. Participation in public meetings and public involvement process.
2. Provision of copies of submittals in addition to those identified herein.
3. Water and/or wastewater pipeline/system hydraulic modelling, analysis, and/or
development of projected demands/flows.
4. Internal televising and/or inspection of existing water and/or wastewater pipelines.
5. Structural design of utility vaults,junction boxes, gate structures, meter stations, aerial
crossings, or connections to existing structures.
6. Meter station design.
7. Odor control assessment and/or design.
8. Evaluation of power supply systems.
9. Evaluation of existing instrumentation, control and telemetry systems.
10. Corrosion protection and/or cathodic protection investigation and design.
Exhibit "A" Page 10 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
11. Utility relocation design, beyond design of the improvements or modifications to the
water system within the Project limits, per the Project scope.
12. Pavement design, beyond identification of applicable City Standard pavement
restoration details and specifications.
13. Stream bed and/or bank stabilization design.
14. Clearing and grubbing for field activities/investigations.
15. Engineered traffic control plans and/or provision of certified traffic control for field
activities/investigations or construction.
16. Geotechnical investigation.
17. Threatened and endangered species investigation.
18. Section 404 permit evaluation, preparation, and/or submittal.
19. Environmental mitigation assessment.
20. Environmental contamination and/or hazardous materials field investigation and/or
testing.
21. Tree mitigation plans, costs, and/or fees.
22. Preparation of exhibits, plats, and/or field notes for ROW/easement acquisition.
23. ROW/easement negotiation and/or acquisition assistance services.
24. Permitting application preparation, submittal, and/or fees associated with highway,
railroad, municipality, utility, etc. permits, unless otherwise identified herein.
25. Storm Water Pollution Prevention Plans.
26. Trench safety plans.
27. Construction staking.
28. Construction inspection services.
29. Construction warranty phase services.
Exhibit "A" Page 11 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
III. SCHEDULE
The CONSULTANT shall adhere to the original Project Schedule and in the event an activity
is not met, and the schedule changes, a revised schedule shall be submitted along with a
justification explanation for the schedule change with the next month's Monthly Status Report.
Activity Original Schedule Revised Schedule
Notice to Proceed (NTP) TBD
Draft ELR Submittal 8 weeks from NTP
City Review 3 weeks
Final ELR Submittal 4 weeks from review meeting with City
60% Design Submittal 12 weeks from authorization to proceed
with Design Phase
City Review 3 weeks
90% Design Submittal 6 weeks from review meeting with City
City Review 3 weeks
100% Pre-NOA Submittal 4 weeks from review meeting with City
City Review 2 weeks
Final Sealed Bid Package Submittal 2 weeks from completion of City review
Advertise for Bids TBD
Pre-Bid Conference TBD
Receive Bids TBD
Construction Contract Award TBD
Begin Construction TBD
Complete Construction TBD
IV. FEES
A. FEES FOR BASIC SERVICES
The City will pay the A/E a fixed fee for providing all "Basic Services" authorized as shown
in the Summary of Fees table. The fees for Basic Services will not exceed those identified
and will be full and total compensation for all services outlined in Section II.A.1-5, and for
all expenses incurred in performing these services. The fee for this project is subject to
the availability of funds. The CONSULTANT may be directed to suspend work
pending receipt and appropriation of funds. For services provided, CONSULTANT will
submit monthly statements for services rendered. The statement will be based upon
CONSULTANT's estimate (and with City's concurrence) of the proportion of the total
services completed at the time of billing. The City will make prompt monthly payments in
response to CONSULTANT's monthly statements.
Exhibit "A" Page 12 of 13
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
Project No. 23061
16" Water Main Extension HWY 286—Alameda
B. FEE FOR ADDITIONAL SERVICES
For services authorized by the Director of Engineering Services under Section 11.13
"Additional Services," the City will pay the CONSULTANT a not-to-exceed fee as shown
in the Summary of Fees table.
C. SUMMARY OF FEES
Task Item Fee (Water)
Basic Services Fees (Lump Sum)
1. Project Management $ 16,822.50
2. Topographic and ROW $ 22,182.00
3. Preliminary Phase $ 56,169.00
4. Design Phase $ 128,561.50
5. Bid Phase $ 6,389.00
6. Construction Administration Phase $ 43,006.50
Subtotal Basic Services Fees $ 273,130.50
Additional Services Fees (Time & Material)
1. Permit Preparation $ 4,147.00
2. Agency Coordination and Meeting $ 10,271.00
3. Environmental Issues $ 5,442.00
4. Survey Subsurface Utility Engineering (SUE) $ 44,858.00
Subtotal Additional Services Fees $ 64,718.00
Total Fee $ 337,848.50
Exhibit "A" Page 13 of 13
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Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
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
or be maintained for 3 years after
project completion.
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 12/20
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
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 12/20
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
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
Article2—Preliminary Matters.....................................................................................................................8
Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8
Article 4—Commencement and Progress of the Work................................................................................9
Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9
Article 6—Bonds and Insurance .................................................................................................................10
Article 7—Contractor's Responsibilities.....................................................................................................10
Article 8—Other Work at the Site...............................................................................................................10
Article 9—Owner's and OPT's Responsibilities...........................................................................................10
Article 10—OAR's and Designer's Status During Construction ..................................................................11
Article 11—Amending the Contract Documents; Changes in the Work ....................................................13
Article 12—Change Management ..............................................................................................................13
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
Article 20—Project Coordination................................................................................................................16
Article 21—Quality Management...............................................................................................................17
Article 22—Final Resolution of Disputes....................................................................................................17
Article 23—Minority/MBE/DBE Participation Policy..................................................................................17
Article 24—Document Management..........................................................................................................17
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
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
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
Page 2 of 22
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
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: F7763311-A29F-474E-B42B-56143ED308C4
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
Page 4 of 22
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes,rules,regulations,
ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts
having jurisdiction over the Project.
33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34. Milestone-A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
C. Field Order; or
d. Work Change Directive.
36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City's officers, employees, agents, or
representatives, authorized to administer design and construction of the Project.
39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members,
partners, employees, agents, consultants, and subcontractors.
41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
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
Page 6 of 22
Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
59. Unit Price Work-Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive -A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to "at no additional cost to Owner,"
"at Contractor's expense,"or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words "furnish," "install," "perform," and "provide" have the following
meanings when used in connection with services, materials, or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
3. Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4. Perform or provide the specified services, materials, or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words "furnish," "install," "perform," or
"provide."
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind, class, and type even though the word
"all" is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words "furnish," "install," "perform," "provide," or
similar words include the meaning of the phrase "The Contractor shall..." before these
words.
3. Unless specifically stated that action is to be taken by the OPT or others, it is understood
that the action described is a requirement of the Contractor.
G. Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H. Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT's project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I. Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2—PRELIMINARY MATTERS
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
B. Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards,whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable, or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer's or OAR's interpretation by submitting a Change Proposal.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT's obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications; and
6. Advise OPT of Designer's findings, conclusions, and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer's findings,
conclusions, and recommendations.
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5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer's findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer's findings, conclusions, and
recommendations.
ARTICLE 6—BONDS AND INSURANCE
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
ARTICLE 8—OTHER WORK AT THE SITE
ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06 Insurance
9.07 Modifications
9.08 Inspections,Tests, and Approvals
A. OPT's responsibility with respect to certain inspections,tests,and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT's Responsibilities
A. The OPT does not supervise, direct, or have control or authority over, and is not responsible
for Contractor's means, methods, techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION
10.01 Owner's Representative
A. OAR is Owner's representative. The duties and responsibilities and the limitations of
authority of OAR as Owner's representative are described in the Contract Documents.
10.02 Visits to Site
A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer's visits and observations are
subject to the limitations on Designer's authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's
quality assurance program, and administer the Contract as Owner's representative as
described in the Contract Documents. OAR's visits and observations are subject to the
limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives' authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A. Designer's authority related to Shop Drawings and Samples are described in the Contract
Documents.
B. Designer's authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer's authority related to Modifications is described in Article 11.
D. OAR's authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor
does not agree with the Designer's decision.
10.07 Limitations on OAR's and Designer's Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor's Team.
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ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK
ARTICLE 12—CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT's description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies,fuels, and materials;
S) 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.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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Docusign Envelope ID: F7763311-A29F-474E-B42B-56143ED308C4
29.02 Final Inspections
A. Notify the Designer when:
1. Work has been completed in compliance with the Contract Documents;
2. Equipment and systems have been tested per Contract Documents and are fully
operational;
3. Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4. Specified spare parts and special tools have been provided; and
5. Work is complete and ready for final inspection.
B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C. Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E. Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30—MISCELLANEOUS
END OF SECTION
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 22 of 22