HomeMy WebLinkAboutC2016-516 - 10/18/2016 - Approved 4 t
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CITY OF CORPUS CHRISTI
MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is between 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 and Cobb, Fendlev & Associates, Inc.. a Texas Corporation, San Antonio,
Bexar County, Texas (Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I PROJECT TASK ORDER 2
ARTICLE ll COMPENSATION 2
ARTICLE III QUALITY CONTROL PLAN 4
ARTICLE IV INSURANCE REQUIREMENTS 4
ARTICLE V INDEMNIFICATION 4
ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4
ARTICLE VII TERMINATION OF AGREEMENT 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6
ARTICLE IX OWNER REMEDIES 6
ARTICLE X CONSULTANT REMEDIES 7
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7
ARTICLE XII MISCELLANEOUS PROVISIONS 9
EXHIBITS
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ARTICLE I—PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the
terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be
designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been
properly executed by both City and Consultant. Each properly executed Task Order shall become a
separate supplemental agreement to this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. 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 which would normally be required by law or common due diligence
in accordance with the standard of care defined in Article XII of this Agreement.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services
related to assisting Engineering Services with professional engineering, architecture and construction
services related to execution of Capital Improvements Programs. All work will be subject to authorization
from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution
of work.
1.4 Consultant must comply with City standards,as specified in the Unified Development Code(UDC)or Code
of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly
excluded from doing so in the approved Task Order. A request made by either party to deviate from City
standards after the contract is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor,equipment and transportation necessary to complete all services agreed
to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must
provide City with a list of all subconsultants that includes the services performed by the subconsultant and
the percentage of work performed by the subconsultant. Changes in Consultant's team that provides
services under this Agreement must be agreed to by the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed.
1.8 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 the City's General Conditions for Construction
Contracts, an excerpt of which is attached as Exhibit G.
ARTICLE II—COMPENSATION
2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this
Agreement shall not exceed$200,000.
2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials(T&M)basis with a
negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total
compensation for all services outlined in each Task Order,and for all expenses incurred in performing these
services.
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2.3 Consultant shall submit a proposal to the City,which shall be incorporated into this agreement as Exhibit B,
subject to approval by the City.
2.4 Consultant shall submit a Rate Schedule, , with their proposal. The rate schedule
shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this
information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt.
Code protects third party commercial and financial information if release of the information would cause the
third party substantial competitive harm.
2.5 Monthly invoices will be submitted in accordance with the Payment Request(Exhibit C). For T&M basis
fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the
Project, the number of hours that each individual worked on the Project and reimbursables for that
individual.
2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting
in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each
payment request that clearly indicates how that individual's time is allocated and the justification for that
allocation.
2.6 The anticipated fee structure under this agreement is as follows:
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DESCRIPTION NOT TO EXCEED AMOUNT
Maximum Contract Amount $200,000.00
Task 1 —E15110 Flato Road—full depth repair 18,057.50
Task 2—E15106 Ayers Street Pedestrian Improvements and Turn Lane 25,747.50
addition
Task 3—E15098 Downtown Road and Streetscape Improvements TBD
Task 4— E15108 Downtown Street Traffic Signal and Area TBD
Improvements
Task 5—TBD TBD
Task 6—TBD TBD
2.7 All services shall be performed and the applicable standard of professional care set forth herein and to
City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City shall not
be liable for any payment under this Agreement for services which are unsatisfactory and which previously
have not been approved by the Director.
2.8 In the event of any dispute(s)between the Parties regarding the amount properly compensable for any Task
Order 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 provided in this Agreement in a timely manner and as required by the terms
thereof, any such claim shall be waived.
2.9 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.
2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be
directed to suspend work pending receipt and appropriation of funds.
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ARTICLE III—QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality controUconstructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
3.2 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 Opinion of Probable Cost(OPC)
as needed.
3.3 Documents that do not meet City standards may be rejected.Consultant will not be compensated for having
to resubmit documents.
ARTICLE IV—INSURANCE REQUIREMENTS
4.1 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.
4.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE V- INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, or other entity, excluding the engineer or architect or that person's
agent,employee or subconsultant,over which the City exercises control("Indemnitee")from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
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 VI—TERM; RENEWALS; TIMES FOR RENDERING SERVICE
6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
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6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the
Agreement until project is complete.
6.3 This service shall be for a multiple year program beginning on the Effective Date. The Agreement may
be renewed for up to 2 one-year renewal options upon mutual agreement of the parties to be evidenced
in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and
conditions, plus any approved changes.
6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Consultant will perform services and provide deliverables within a reasonable time.
ARTICLE VII-TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 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.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
7.2.2 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.
7.3 Termination Procedure
7.3.1 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.
7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
7.3.3 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
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completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
7.3.4 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 VIII—RIGHT OF REVIEW AND AUDIT
8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement,during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City
designee,which may include its internal auditors or an outside representative engaged by City. Consultant
agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless
there is an ongoing dispute under this Agreement, then such retention period shall extend until final
resolution of the dispute.
8.2 "Consultant's records" include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. 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,federal and
state tax filings for issue in questions and any and all other agreements,sources of information and matters
that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit,examine or inspect Consultant's records only during City'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 or former 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.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX—OWNER REMEDIES
9.1 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:
9.1.1 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;
9.1.2 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.
9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
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greater than the City would have originally paid had there not been defects, errors and omissions in the
documents.
9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when
other remedies are not available or offered for design deficiencies discovered during and after Project
construction.
9.3 When the City incurs non-value added work costs for change orders due to design errors 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.
9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the
nature of the revision or the actual number of changes due to the Consultant's errors or omissions.
9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE X—CONSULTANT REMEDIES
10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes
beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal
to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XI—CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
11.1.2 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.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial
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request for remedy or(iii) request Alternative Dispute Resolution.
11.1.5 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.
11.2 Alternative Dispute Resolution
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation or any other alternative dispute resolution(ADR)process set forth herein,
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 any other ADR process. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process
contained herein.
11.2.3 Mediation
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any
lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing,and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the request,
except upon agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty(30)calendar days of the request for mediation,all
conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising
under this Agreement 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.
11.3 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 in this
Agreement.
11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY
RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
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ARTICLE XII—MISCELLANEOUS PROVISIONS
12.1 Assianabilitv. The Consultant will not assign, transfer or delegate any of its obligations or duties in this
Agreement to any other person without the prior written consent of the City, except for routine duties
delegated to personnel of the Consultant staff. If the Consultant is a partnership,then in the event of the
termination of the partnership,this contract will inure to the individual benefit of such partner or partners as
the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with,pursuant to
or as a result of this Agreement, including contract documents(plans and specifications), drawings and
submittal data. Consultant may make a copy for its files. Any reuse,without specific written verification or
adaptation by Consultant,shall be a City's sole risk and without liability or legal exposure to Consultant. The
City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a
professional engineer prior to re-use of modified plans.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing in the same or
similar locality and under the same or similar circumstances and professional license; and performed as
expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or
architect.
12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
12.5 Entire Aareement. This Agreement,including Task Orders,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.
12.6 Disclosure of Interest. (Exhibit E)Consultant agrees to comply with City of Corpus Christi Ordinance No.
17112 and complete the Disclosure of Interests form as part of this contract.
12.7 Certificate of Interested Parties. (Exhibit F). Consultant agrees to comply with Texas Government Code
section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form
1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that
exceed$50,000. These interested parties include:
(1) persons with a"controlling interest" in the entity,which includes:
a. an ownership interest or participating interest in a business entity by virtue of units,
percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business entity of which
the board or other governing body is composed of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers,or service as one of
the four officers most highly compensated by a business entity that has more than four officers;or
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(2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with
a governmental entity or state agency, including a broker,intermediary, adviser or attorney for the
business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https:/lwww.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed,
signed,notarized and filed with the City. For more information,please review the Texas Ethics Commission
Rules at https://www.ethics.state.tx.us/legal/ch46,html.
12.8 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary's Office,if required. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable,such invalidity or unenforceability shall not affect,impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article,
sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or
unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,
shall not affect or prejudice in any way the validity of this Agreement in any other instance.
12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by
Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task
Order,this Agreement and/or the Task Order shall take precedence and control to resolve said conflict.
CITY OF CORPUS CHRISTI COBB, FENDLEY&ASSOCIATES, INC.
9. 14 .16
C s A /127 I(p
J.H. Edm. ds, P. E. Date Dan Werth, P.E. Date
Director of Engineering Services Regional Manager
1100 Northwest Loop 410, Suite 350
San Antonio, TX 78213
(210) 826-4611 Office
RECOM ENDED �7� jnu .7P3 4
Operating Depart en Date c e /
sir C�uHCIL.............. ALL
SECRETARY
I ,
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APPROV v
Office of Management Date •
and Budget
APPROVED AS TO LEGAL FORM
I .. -4i ctzL(1 Rl
Assistant City Attorney Date
for City Attorney
ATTEST
eLe--(0.
Rebecca Huerta pate
City Secretary l 0 / a_L fl7(,
Fund Name Accounting Unit Account No. Activity No. Account Category Amount
Water 2012B Rev Bonds 4088-041 550950 E16266014088EXP 50950 $68,000
Wastewater 2012B Rev Bonds 4249-042 550950 E16266014249EXP 50950 $66,000
Storm Water 2012 Rev Bonds 3493-043 550950 E16266013493EXP 50950 $66,000
Total $200,000
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EXHIBIT A
SAMPLE TASK ORDER
This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus
Christi, Texas (City) and "Cobb, Fendley & Associates, Inc." (Consultant) dated , 2016
(Agreement). Consultant shall perform services on the project described below as provided in this Task Order and
in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon
execution, this Task Order shall supplement the Agreement as it pertains to the project described below.
TASK ORDER NO.:
PROJECT NAME:
1. PROJECT DESCRIPTION
2. SCOPE OF SERVICES
3. COMPENSATION
This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement
remain in full force and effect.
CITY OF CORPUS CHRISTI COBB, FENDLEY&ASSOCIATES, INC
J.H. Edmonds, P. E. Date Dan Warth, P.E. Date
Director of Engineering Services Regional Manager
1100 Northwest Loop 410, Suite 350
San Antonio, TX 78213
(210) 826-4611 Office
RECOMMENDED
Operating Department Date
Master Services Agreement
EXHIBIT B
CONSULTANT PROPOSAL
Master Services Agreement
•
•
CobbFendley
September 2,2016
Chris Hale,P.E.
Project Manager
Engineering Services
City of Corpus Christi
VIA E-MAIL
Re: RFQ No.2016-01 Transportation and Utilities—SUE Services (E16266)
Dear Mr. Hale,
CobbFendley is pleased to propose this attached scope of services for the Subsurface Utility Engineering(SUE) investigation
"Large Contract"as referenced above.
CobbFendley understands this contract will take the form of a Master Services Agreement, under which task orders will be
issued.
It is anticipated the following Task Orders will be forthcoming:
Task 1.E15110 Flato Road Full depth repair
Task 2.E15106 Ayers Street Pedestrian Improvements and Turn Lane Addition
Task 3.El 5098 Downtown Road and Streetscape Improvements
Task 4.El 5108 Downtown Traffic Signal and Area Improvements
This proposal is based on information obtained during our meeting on August 12 and your subsequent request on September
2nd 2016
Please do not hesitate to contact us again of we can assist the City of Corpus Christ in any way.We look forward to working
with you.
Sincerely,
COBB,FENDLEY&ASSOCIATES,INC.
�lL / L
Richard Clarke
Project Manager
EXHIBIT "B"
Page 1 of 3
:E CobbFendley
September 2nd 2016
RFQ No. 2016-01 Transportation and Utilities — SUE Services (E16266)
Scope of Services
P
The purpose of the Subsurface Utility Engineering (SUE) "Large Contract" referenced above is to assist the City of Corpus
Christi Engineering Services Dept.by providing SUE for upcoming projects.
SUE information allows the City and its engineering consultants to be aware of and take account of utility issues early in the
development of a project.This minimizes utility related re-designs,unanticipated stoppages and relocation costs.It also enhances
on site safety. CobbFendley will provides these services to the City in a phased approach following the ASCE 38-02 "The
Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data"-see below.
Utility Quality Levels are used to define the range of SUE provided. In cumulative order(least to greatest) they are:
Quality Level D-Existing Records: Utilities are plotted from review of available existing records
Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with
surveyed surface-visible features.
Quality Level B-Designate: Two-dimensional horizontal mapping. This information is obtained through the application and
interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established
survey control.Additional description of services,methodology and equipment is below.
Quality Level A-Locate(Test Hole):Three-dimensional mapping and other characterization data. This information is obtained
through exposing utility facilities through test holes and measuring and recording (to appropriate survey control)
utility/environment data. Additional description of services,methodology and equipment is below.
At the request of the City of Corpus CobbFendley shall:
• Perform Utility Designating(Level B SUE) to accurately identify and verify horizontal utility positions.This assists in
identifying potential utility conflicts
• Perform Utility Locating(Level A SUE)to obtain utility depth information.This assists in resolving potential conflicts.
Utility Designating(Level B SUE)
CobbFendley Shall
1. Coordinate with City of Corpus Christi to schedule work.The City will provide permission or permits to perform work,
or right of entry to property and any utility easements.Determine with the City the need for traffic control.CobbFendley
shall provide traffic control or through subcontract if required.
2. Perform Record Research (Level D SUE) by contacting utility owners, The City, property owners and other stake
holders to request utility information.This will assist CobbFendley in identifying utilities and marking them in the field.
3. Designate (means to mark and record) the horizontal location of the existing tone-able utility facilities using non-
destructive surface geophysical techniques. Tone-able utilities are typically utilities that are conductive or internally
accessible with a traceable fish tape or sonde.Water and communication vaults can typically be investigated from above
ground.Cobb Fendley does not enter buried power vaults or manholes.
EXHIBIT "B"
Page 2 of 3
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Subsurface Utility Engineering(SUE)—Large Contract
Page 2 of 2 :! CobbFendley
4. Where possible use Ground Penetrating Radar (GPR). Under ideal circumstances nonconductive buried lines can be
investigated successfully with GPR.Soil conditions in Texas are however generally not suitable for GPR.CobbFendley
has had success using GPR for SUE work,but non-conductive features can remain undetected.
5. Mark identified utilities using a non-water base paint and pin flags,utilizing the APWA color code scheme.CobbFendley
will provide a field sketch of designated utilities.
6. If required survey SUE field markings and above ground utility features,tie to existing project survey control and plot
on project base topo map. CobbFendley will review this utility map and compare with as-built information and field
work.Discrepancies resolved using professional judgement.
7. Provide letter report summarizing work performed.
8. Based on the Level B SUE information and proposed designs,assist the City of Corpus in determining utility conflict
locations and appropriate locations for vacuum excavation test holes to assist in resolving these potential conflicts.
Vacuum Excavation(Level A,)
CobbFendley Shall:
In locations where the depth of identified buried utilities is required, perform FHWA Level A vacuum test holes. Holes are I
excavated using a nondestructive compressed air vacuum excavation truck.Vacuum excavation shall be performed as follows:
1) Comply with regulations,and/or policies for the prevention of underground utility damage(i.e.,one-call system).
Coordinate with Development Services to schedule work.The City of Corpus will provide permission and permits to
perform work. CobbFendley shall provide traffic control or through subcontract if required.
2) Vacuum excavate to measure and record the depth and location of found items.CobbFendley accepts no responsibility
for contaminated soils should they be encountered during excavation.CobbFendley does not take ownership of any
excavated material.
3) Record depth of the utility,line size,line material,condition of the line,type of soil around the line.Provide markers at
each utility location.
4) Backfill the hole.Compact in lifts.Restore pavement.
5) If required survey utility test hole locations.Survey will be tied to existing project survey control,
6) Provide drafting to produce test holes data sheets showing utility depth,size and line material,condition of the line,type of
soil for each test hole location surveyed.Test hole data sheets include a"snapshot' from the CAD file showing test hole
location and photographs of test hole and found utilities.
Basis of Compensation
The above scope of services will be provided on a Task Order basis,with a total,not to exceed amount for all task under this
contract of$200,000.00
EXHIBIT "B"
Page 3 of 3
EXHIBIT C
PAYMENT REQUEST FORM
Master Services Agreement
rn
di
no LC
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. xxxxxx
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$15,117
$0
$0
$15,117
$0
$1,000
$1,000
7%
20,818
0
0
20,818
1,000
500
1,500
7%
0
0
0
0
0
0
O
n/a
14,166
0
0
14,166
0
0
0
n/a
0%
0
0
0
0
0
0
O
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
0
0
O
n/a
9,011
0
0
9,011
0
0
0
0%
29,090
0
0
29,090
0
0
0
0%
1,294
0
0
1,294
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$39,395
$0
$0
$39,395
$0
$0
$0
0%
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
39,395
0
0
39,395
0
0
0
0%
$89,496
$0
$0
$89,496
$750
$1,500
$2,500
3%
EXHIBIT D
INSURANCE REQUIREMENTS
Master Services Agreement
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•
EXHIBIT D
Insurance Requirements
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
and identify any limitations regarding
who is insured.
EXHIBIT"D"
Page 1 of 3
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1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested change.
Consultant shall pay any costs incurred resulting from said changes. All notices under
this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the named
insured performed under contract with the City with the exception of the
professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the"other insurance"clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown
on the policy;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and 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
EXHIBIT"D"
Page 2 of 3
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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.
EXHIBIT"D"
Page 3 of 3
EXHIBIT E
DISCLOSURE OF INTEREST
Master Services Agreement
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CITY OF CORPUS CHRISTI
- -- DISCLOSURE OF INTEREST
City of
Corpus
City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking
to do business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with "NA". See reverse side for Filing
Requirements,Certifications and definitions.
COMPANY NAME: Cobb,Fendley&Associates,Inc.
P.O.BOX:
STREET ADDRESS: 1100 Northwest Loop 410, CITY: San Antonio ZIP: 78213
Suite 350
FIRM IS: I. Co ration8 2. Partnership3. Sole Owner ❑
4. Association 5. Other El
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.'
Name Job Title and City
Department(if known)
2. State the names of each`official"of the City of Corpus Christi having an"ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an"ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Board, Commission or
Committee
4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an `ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof,you shall
disclose that fact in a signed writing to the City official,employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Dan Warth,P.E. Title: Regional Manager
(Type or Print)
Signature of Certifying D4P14 Date: 9. 14.
b
Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or
part-time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership,corporation,joint stock company,joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies,or special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
I
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EXHIBIT F
CERTIFICATE OF INTERESTED PARTIES
Master Services Agreement
EXHIBIT G
EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT
Master Services Agreement
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1—Definitions and Terminology 2
Article 2—Preliminary Matters 8
Article 3—Contract Documents: Intent, Requirements, Reuse 8
Article 4—Commencement and Progress of the Work 9
Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions 9
Article 6—Bonds and Insurance 11
Article 7—Contractor's Responsibilities 11
Article 8—Other Work at the Site 11
Article 9—Owner's and OPT's Responsibilities 11
Article 10—OAR's and Designer's Status During Construction 12
Article 11—Amending the Contract Documents; Changes in the Work 14
Article 12—Claims 14
Article 13—Cost of the Work; Allowances; Unit Price Work 14
Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14
Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period 14
Article 16—Suspension of Work and Termination 14
Article 17—Final Resolution of Disputes 14
Article 18—Miscellaneous 14
Excerpt from Form 00 72 00 General Conditions-1
•
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. A term with initial capital letters, including the term's singular and plural forms, has the
meaning 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.
Excerpt from Form 00 72 00 General Conditions-2
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;
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. §§5501 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.
Excerpt from Form 00 72 00 General Conditions-3
•
21. Contract Times-The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
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 13.
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 15.03 or 15.04.
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 or Registered
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.
Excerpt from Form 00 72 00 General Conditions-4
•
•
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.
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.
Excerpt from Form 00 72 00 General Conditions-5
•
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.
44. Project-The total undertaking to be accomplished for Owner under the Contract
Documents.
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;
Excerpt from Form 00 72 00 General Conditions-6
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•
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,
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.
Excerpt from Form 00 72 00 General Conditions-7
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.
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
Excerpt from Form 00 72 00 General Conditions-8
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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
B. 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.
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
A. Submit questions concerning the non-technical or contractual/administrative
requirements of the Contract Documents to the OAR immediately after those questions
arise. OAR is to provide an interpretation of the Contract Documents regarding these
questions and will coordinate the response of the OPT to Contractor.
B. 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
A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a
subsurface or physical condition that is uncovered or revealed at the Site, and before
Excerpt from Form 00 72 00 General Conditions-9
•
further disturbing the subsurface or physical conditions or performing any related Work
that:
1. Establishes that the Technical Data on which Contractor is entitled to rely as provided
in Paragraph 5.03 is materially inaccurate;
2. Requires a change in the Drawings or Specifications;
3. Differs materially from that shown or indicated in the Contract Documents; or
4. Is of an unusual nature and differs materially from conditions ordinarily encountered
and generally recognized as inherent in work of the character provided for in the
Contract Documents.
Do not further disturb or perform Work related to this subsurface or physical condition,
except in an emergency as required by Paragraph 7.12, until permission to do so is issued
by OAR.
B. 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.
5.05 Underground Facilities
A. The information and data shown or indicated in the Contract Documents with respect to
existing Underground Facilities at or adjacent to the Site is based on information and data
furnished to OPT by the owners of these Underground Facilities or by others. OPT is not
responsible for the accuracy or completeness of information or data provided by others
that OPT makes available to Contractor. The Contractor is responsible for:
1. Reviewing and checking available information and data regarding existing
Underground Facilities at the Site;
2. Complying with Laws and Regulations related to locating Underground Facilities before
beginning Work;
3. Locating Underground Facilities shown or indicated in the Contract Documents;
4. Coordinating the Work with the owners, including Owner, of Underground Facilities
during construction; and
Excerpt from Form 00 72 00 General Conditions-10
•
5. The safety and protection of existing Underground Facilities at or adjacent to the Site
and repairing damage resulting from the Work.
B. Notify the OAR and the owner of the Underground Facility immediately if an Underground
Facility is uncovered or revealed at the Site that was not shown in the Contract Documents,
or was not shown with reasonable accuracy in the Contract Documents. Do not further
disturb conditions or perform Work affected by this discovery,except in the event of an
emergency as required by Paragraph 7.12.
C. 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
A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D
and 15.06.D.
Excerpt from Form 00 72 00 General Conditions-11
•
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.
9.06 Insurance
A. Owner's responsibilities with respect to purchasing and maintaining insurance are
described in Article 6.
9.07 Modifications
A. Owner's responsibilities with respect to Modifications are described in Article 11.
9.08 Inspections,Tests, and Approvals
A. OPT's responsibility with respect to certain inspections,tests, and approvals are described
in Paragraph 14.02.
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
Excerpt from Form 00 72 00 General Conditions-12
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.
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 14. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 14.
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 Articles 11.
D. OAR's authority related to Applications for Payment is described in Articles 13 and 15.
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 14.04, 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.
Excerpt from Form 00 72 00 General Conditions-13
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.
ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK
ARTICLE 12—CLAIMS
ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK
ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE
WORK
ARTICLE 15—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD
ARTICLE 16—SUSPENSION OF WORK AND TERMINATION
ARTICLE 17—FINAL RESOLUTION OF DISPUTES
ARTICLE 18—MISCELLANEOUS
END OF SECTION
Excerpt from Form 00 72 00 General Conditions-14
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-109526
Cobb,Fendley&Associates, Inc.
Houston,TX United States Date Filed:
2 Name of governmental entity or state agency that Is a party to the contract for which the form is 09/08/2016
being filed.
City of Corpus Christi Date Acwledged:t�/
10 25520k,y
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
E16266
SUE Services
Nature of interest
4 Name of Interested Party City,State,Country(place of business)
(check applicable)
Controlling I Intermediary
Bostwick,John Houston,TX United States X
Silver,Monica Houston,TX United States X
Funk,Stephanie Houston,TX United States X
Conger,Dale Houston,TX United States X
•
•
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,u der penal of perjury,that the above disclosure is true and correct.
*IN
MGAN LESNER ''
'�,`9N�},r! ,NNotary Public.Stole of Texas
� Comm.Expires 10-16.2019
�•"'roi'�•c' Notary ID 130405304
a�` Sig of authorized agent of contracting business entity
AFFIX NOTARY STAMP!SEAL ABOVE / j,, f �j�
Sworn to and subscribed before me,by the said l_-1I !`G'L`� i gun*r f O this the day of •�� � 'e!
20 ,to certify which,witness my hand and seal of office.
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Signal re of officer administering oath Printed nay e of officer administering oath Title of officer admi stenng oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277