HomeMy WebLinkAboutC2016-517 - 10/25/2016 - Approved CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
AMENDMENT NO. 1
FOR PROJECT
E15107 Chaparral Street Phase 2 Downtown Development Master Plan
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 HDR Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus
Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 2
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 6
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 9
EXHIBITS
2016-517
10/25/16
M2016-143
HDR Engineering Inc. Page 1 Rev.07/16
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ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and
attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for
Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be
required by law or common due diligence in accordance with the standard of care defined in Article XIII of this
Agreement.
1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code
of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically
and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by
either party to deviate from City standards after the contract is executed must be in writing.
1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City
with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed
by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by
the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the
City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities,as defined and described in City's General Conditions for Construction Contracts,excerpt attached
as Exhibit F.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders in order to make an informed, written
recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's
responsibilities,factors considered include,without limitation,the bidder's experience,capacity,supervision,
ability to maintain project budget and schedule, past performance and safety record.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
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2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be
compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $657,649 for a total restated fee not to exceed $707,544.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M) basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule, as shown in Exhibit B-1,with their proposal. City and Consultant agree
that the Rate Schedule is considered confidential information that may be excluded from public disclosure under
Texas Government Code Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the
Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
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3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a period of years beginning on the Effective Date. The Agreement may be
appr-eved-shanges,
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional
Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's
ability to complete the services to be provided under this agreement. The Consultant must notify the City within
three business days of becoming aware of a factor that may affect the Consultant's ability to 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.
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ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment,
or over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the
basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design
professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals,
bids or the construction cost shall not vary from the OPC prepared by Consultant.
5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC,
the Consultant will redesign the project to be consistent with the OPC at no additional cost to City.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees or other entity, excluding the engineer or architect or that person's
agent,employee or subconsultant, over which the City exercises control("Indemnitee")from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
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.
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ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee,
which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its
records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute
under this Agreement, then such retention period shall extend until final resolution of the dispute.
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9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include
billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting
notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports,drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and
any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records,Consultant's facilities and Consultant's current employees,deemed necessary by City or its designee(s),
to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when
other remedies are not available or offered for design deficiencies discovered during and after Project construction.
10.3 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
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ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost
due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in
writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall
be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial
request for remedy or(iii) request Mediation.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed
diligently with performance of the Agreement, and City shall continue to make payments in accordance with
this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out
of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
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12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to
filing any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the
request, except upon agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty (30) calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party,except for
routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services
under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the
partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City
may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without
written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment, including
the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a
result of this Agreement, including contract documents (plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by
Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any
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modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior
to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing in the same or similar
locality and under the same or similar circumstances and professional license;and performed as expeditiously as is
prudent considering the ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project,including scope meetings,review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form, attached as Exhibit D.
13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement, attached as Exhibit E. Form 1295 requires disclosure of"interested parties"with respect to entities that
enter contracts with cities that exceed $50,000. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares,
stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business entity of which the board or
other governing body is composed of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service as one of the four
officers most highly compensated by a business entity that has more than four officers; or
(2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a
governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business
entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info_forml295.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.
13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/g overn ment/city-secretary/conflict-disclosure/index.
13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article,
sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
Page 10 Rev.07/16
K:\ENGINEERING DATAEXCHANGEVWGIEM\STREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANWMENDMENT 1 HDR\AMENDMENT 1.DOC
n Documents.
tant hereby
es and
dges
anything
13.11 ed ini Consultant-prepared
ed Exhibit A, Consultlant's Scope of Services, or contained in fany other
contained in the Consultant-prep
document prepared by Consultant
and
included
herein,is in conflict with this Agreement,this Agreement shalltake
precedence and control to resolve
CITY OF CORPUS CHRt= I
HDR ENGINEERING, INC.
7.
V41
'i" Ailfto* f� 6 l Arthur B. Colwell, P.E. Date
J.H. dmonds, P. E. Oat= ,b •/a1 e
Vice President
Director of Engineering Services 555 N. Carancahua, Suite 1600
Corpus Christi, TX 78401
(361)696-3300 Office
arthur.colwell@hdrinc.com
RECOMMENDED
/ '' 4 /0 1i//,
Operating Department Date
APP• VED t4t, . �
Office of Ma ageme Date
�oil,
and Budget t ^
!�
1 A NUKItt►
.11.____144fr
As ,f Cant City Attorney / \Date w -• l'il
SECRETARY i
ATTEST
■L�.e
� tel-e, •
ity Secretary Date i 3 V l 6
Activi No. Account Category Amount
Fund Name Accounting Unit Account No. ty
Street CIP Bond 2014 3551-051 $328,825
550950 E15107013551EXP 50950 Storm Water 2012 3493-043 550950 E15107013493EXP 50950 $109,608
50950 $109,608
4089-041 550950 E15107014089EXP 50950 $109,608
Water 2014249-042 550950 El5107014249EXP
Wastewaterr 2012B $657,649
Total IIIIIIINIIIIIIMIIIIIIIIINIII
Page 11 Rev.07/16
K.%ENGINEERING DATAEXCHANGELANGIEM\STREE\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLA AMENDMENT 1 RDRWMENDMENT 1 DOC
w
•
•
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
"CHAPARRAL STREET-PHASE 2 DOWNTOWN DEVELOPMENT MASTER PLAN"
PROJECT NO. E15107
BOND ISSUE 2014 PROPOSITION 2
SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this contract, Preliminary Phase may include Schematic Design and Design
Phase services may include Design Development as applicable to Architectural services.
1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant)will:
e) Develop preliminary requirements for utility relocations replacements or
upgrades. Coordinate with the City's Project Manager and identify operating
departments potential project needs.
f) Develop preliminary street cross section recommendations.
map-
h) Prepare preliminary opinions of probable construction costs for the
recommended improvements.
i) Develop drainage area boundary map for existing and proposed drainage areas
served.
j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and
proposed systems. Include the analysis of inlet capacity.
k) Identify electric and communication utility companies and private pipeline
companies that may have existing facilities and must relocated to accommodate
the proposed improvements.
I) Coordinate with AEP and City Traffic Engineering to identify location of electrical
power conduit for street lighting and traffic signalization.
m) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project including permitting, environmental, historical,
construction, and geotechnical issues; upon request or concurrence of the
Project Manager, meet and coordinate with agencies such as RTA, CDBG,
USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR,
etc.
n) Identify and recommend public outreach and community stakeholder
requirements.
o) Review City provided preliminary Traffic impact assessment and provide
recommendation for integration and/or additional requirements as appropriate.
EXHIBIT"A"
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p) Prepare an Engineering Letter Report (20 — 25 page main-body text document
with supporting appendices) that documents the analyses, approach, opinions of
probable construction costs, and document the work with text, tables, schematic-
level exhibits and computer models or other applicable supporting documents
required per City Plan Preparation Standards Contract Format
(CPPSCF).Engineering Letter Report to include:
1. Provide a concise presentation of pertinent factors, sketches, designs, cross-
sections, and parameters which will or may impact the design, including
engineering design basis, preliminary layout sketches, construction
sequencing, alignment, cross section, geotechnical testing report, right-of-
way requirements, conformance to master plans, identification of needed
additional services, identification of needed permits and environmental
consideration, existing and proposed utilities, identification of quality and
quantity of materials of construction, and other factors required for a
professional design.
2. Include summary output tables from Hydraulic and Hydrologic analyses.
3. Include existing site photos.
4. Provide opinion of probable construction costs.
5. Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues; meet as
City agent or with City participation and coordinate with agencies such as
RTA, CDBG, USPS, CCISD, community groups, TDLR, etc.
6. •--
affect,
7. Provide anticipated index of drawings and specifications.
8. Provide a summary table & required ROW parcels
q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of
the Draft Engineering Letter Report.
s) Conduct Project review meeting with City staff to review and receive City
comments on the Draft Engineering Letter Report as scheduled by City Project
Manager.
t) Assimilate all City review comments of the Draft Engineering Letter Report and
provide one (1) set of the Final Engineering Letter Report (ELR) (electronic
and hard copies using City Standards as applicable) suitable for reproduction.
City staff will provide one set only of the following information (as applicable):
a) Electronic index and database of City's record drawing and record information.
b) Requested record drawings, record information in electronic format as available
from City Engineering files.
b) The preliminary budget, specifying the funds available for construction.
c) A copy of existing studies and plans. (as available from City Engineering files).
d) Field location of existing city utilities. (NE to coordinate with City Operating
Department)
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e) Applicable Master Plans and GIS mapping are available on the City's website.
f) City Control survey Bench marks and coordinates.
g) Preliminary Traffic impact assessment.
The records provided for A/E's use under this contract are proprietary, copyrighted, and
authorized for use only by A/E, and on/v for the intended purpose of this project. Any
unauthorized use or distribution of the records provided under this contract is strictly
prohibited.
2. Design Phase. Upon approval of the preliminary phase, designated by receiving
authorization to proceed, the NE will:
a) Provide coordination with electric and communication utility companies and
private pipeline companies that may have existing facilities and must relocated to
accommodate the proposed improvements.
b) Provide assistance to identify testing, handling and disposal of any hazardous
materials and/or contaminated soils that may be discovered during construction
(to be included under additional services).
c) Prepare construction documents in City standard format for the work identified in
the approved ELR. Construction plans to include improvements or modifications
to the storm water, water and wastewater systems within the project limits.
Include standard City of Corpus Christi detail sheets as appropriate.
d) Prepare construction plans in compliance with CPPSCF using English units on
11"x 17".
1. Prepare Traffic Control and Construction Sequencing Plans. The TCP
will include construction sequencing, typical cross section and
construction phasing plan sheets, warning and barricades, as well as
standards sheets for barricades, traffic control plan, work zone pavement
markings and signage.
2. Provide Storm Water Pollution Prevention Plan, including construction
drawings.
e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard
copies using City Standards as applicable) to the City staff for review and
approval purposes with estimates of probable construction costs. Identify
distribution list for plans and bid documents to all affected franchise utilities.
1. Required with the interim plans is a "Plan Executive Summary, project
checklist & drawing checklist" which will identify and summarize the
project by distinguishing key elements and opinion of probable project
costs.
2. Attend 60% submittal meeting with City Staff to assist staff in review of
60% submittal.
f) Hold Project 60% review meeting. Prepare meeting agenda and distribute
meeting meetings to attendees within five working days of the meeting.
Assimilate all review comments, as appropriate and, upon Notice to Proceed.
.ao - •- ---- - ••-- • -
EXHIBIT"A"
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i) Provide one (1) set of the final (100%) plans (unsealed and unstamped -
electronic and full-size hard copy using City Standards as applicable) for City's
final review.
j) Assimilate all final review comments Upon approval by the Director of
Engineering Services, provide one (1) set of the final plans and contract
documents (electronic and full-size hard copy using City Standards as
applicable) suitable for reproduction. Said bid documents henceforth become the
shared intellectual property of the City of Corpus Christi and the Consultant. The
City agrees that any modifications of the submitted final plans (for other uses by
the City) will be evidenced on the plans and be signed and sealed by a
professional engineer prior to re-use of modified plans.
k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all
submittals of the interim, pre-final (if required), and final complete plans and
complete bid documents with specifications 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 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..
I) Prepare and submit Monthly Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly
progress and review meetings. See Exhibit"A-2"for required form.
m) Provide copy of contract documents along with appropriate fee to Texas
Department of Licensing and Regulation (TDLR) for review and approval of
accessibility requirements for pedestrian improvements (as authorized by
Additional Services).
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the construction contract awarded.
b) Provide the budget for the Project specifying the funds available for the
construction contract.
c) Provide electronic copy the City's standard specifications, standard detail sheets,
standard and special provisions, and forms for required bid documents.
3. Bid Phase. The NE will:
a) Prepare draft Authorization to Advertise (ATA).
b) Participate in the pre-bid conference and provide a meeting agenda for critical
construction activities and elements impacted the project.
c) Assist the City in solicitation of bids by identification of prospective bidders, and
review of bids by solicited interests.
d) Review all pre-bid questions and submissions concerning the bid documents and
prepare, in the City's format, for the Engineering Services' approval, any
addenda or other revisions necessary to inform contractors of approved changes
prior to bidding.
e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract.
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f) In the event the lowest responsible bidder's bid exceeds the project budget as
revised by the Engineering Services in accordance with the A/E's design phase
estimate required above, the Engineer will, at its expense, confer with City staff
and make such revisions to the bid documents as the City staff deems necessary
to re-advertise that particular portion of the Project for bids.
g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City
Council Meeting.
The City staff will:
a) Arrange and pay for printing of all documents and addenda to be distributed to
prospective bidders.
b) Advertise the Project for bidding, maintain the list of prospective bidders, receive
and process deposits for all bid documents, issue (with the assistance of the NE)
any addenda, prepare and supply bid tabulation forms, and conduct bid opening.
c) Receive the Engineer's recommendation concerning bid evaluation and
recommendation and prepare agenda materials for the City Council concerning
bid awards.
d) Prepare, review and provide copies of the contract for execution between the
City and the contractor.
4. Construction Administration Phase. _ _ _ •• -_ • - - _ _ ••_ _ •_ _
a) Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacted the project.
b) Review; Contractor submittals and operating and maintenance manuals for
conformance to contract documents.
c) Review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the contract documents for the
contractor and authorize required changes, which do not affect the contractor's
price and are not contrary to the general interest of the City under the contract.
e) Make regular 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 project representative observation
or continuous monitoring of the progress of construction.
f) Prepare change orders as authorized by the City; provide interpretations and
clarifications of the plans and specifications for the contractor and authorize
minor changes which do not affect the contractor's price and are not contrary to
the general interest of the City under the contract.
h) 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.
i) Review Contractor-provided construction "red-line" drawings. Prepare Project
record drawings and provide a reproducible set and electronic file (AutoCAD r.14
or later) within two (2) months of final acceptance of the project. All drawings
shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in
dxf format with each layer being provided in a separate file. Attribute data will be
EXHIBIT"A"
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provided in ASCII format in tabular form. All electronic data will be compatible
with the City GIS system.
The City staff will:
a) Prepare applications/estimates for payments to contractor.
b) Conduct the final acceptance inspection with the Engineer.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. NE may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided
and will be negotiated by the Director of Engineering Services as required. The NE shall, with
written authorization by the Director of Engineering Services, perform the following::
1. Permit Preparation. Furnish the City all engineering data and documentation
necessary for all required permits. The NE will prepare this documentation for all
required signatures. The NE will prepare and submit identified permits as applicable to
the appropriate local, state, and federal authorities, including:
in the area
b. TxDOT utility and environmental permits, multiple use agreement&
c. Wetlands Delineation and Permit
d. Temporary Discharge Permit
c. NPDES Permit/Amendments (including SSC, NOI NOT)
g. Nueces County
h. Texas Historical Commission (THC)
i. U.S. Fish and Wildlife Service (USFWS)
j. U.S. Army Corps of Engineers (USACE)
k. United States Environmental Protection Agency (USEPA)
Texas Department of Licensing and Regulation (TDLR)
m. Texas General Land Office (TGLO)
•
. -_ ..
•
. .
b) Research plats, ROW maps, deed, easements, and curvey for fence corners,
te-be-acquired
EXHIBIT"A"
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•
•
•
d) = = ' = = _- - - = •••••-e - • - = =- -
-- -. ,
3. Topographic Survey and Parcel Descriptions All work must be tied to and conform
with the City's Global Positioning System (GPS) control network and comply with
Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑
Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include
reference to a minimum of two (2) found boundary monuments from the project area.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
c) Set project control points for Horizontal and Vertical Control outside the limits of
project construction disturbance.
d) Horizontal control will be based on NAD 83 State plane coordinates (South
Zone), and the data will have no adjustment factor applied — i.e. —the coordinate
data will remain in grid.
e) Vertical control will be based on NAVD 88.
f) All control work will be established using conventional (non-GPS) methods.
Perform topographic surveys to gather existing condition information.
g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical
Engineering Consultant.
h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm
sewer, water 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. No utility connections will be shown. Surveying services, related to
subsurface engineering (SUE) shall be provided as part of the scope of work for
SUE.
i) Locate improvements within the apparent ROW.
j) Locate and identify trees, at least five inches in diameter within the apparent
ROW.
k) Generate electronic planimetric base map for use in project design.
m) - - - • - - - - - - -- - •-
4. Environmental Issues. Identify and develop a scope of work for any testing, handling
and disposal of hazardous materials and/or contaminated soils that may be discovered
during construction.
EXHIBIT"A"
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5. Public Involvement. Participate in two public meetings. One public meeting shall be
held after submittal of the Final Engineering Letter Report and one public meeting shall
be held prior to start of project construction. Prepare notices, PowerPoint presentations,
handouts and exhibits for meetings. Provide follow-up and response to citizen
comments. Revise contract drawings to address citizen comments, as directed by the
City. Prepare notices, handouts and exhibits for public information meetings.
6. Subsurface Utility Investigation
a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE
C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing
Subsurface Utility Data" including, but not limited to, hydro-excavation. The
proposed subsurface utility investigation will be as follows:
i) Excavation —The survey scope includes working with a subsurface utility
excavator to perform Quality Level A investigation of underground utilities
in specified areas through the project limit. (Quality Level A involves the
use of nondestructive digging equipment at critical points to determine the
horizontal and vertical position of underground utilities, as well as the
type, size, condition, material, and other characteristics.) Utilities located
at this quality level will be physically located and tied to the topographic
survey control. The utility will be identified and an elevation will be
obtained to the top of the utility.
ii) Utility Location — The survey scope includes locating certain utilities to
Quality Level B (Quality Level B involves surveying visible above ground
utility facilities, such as manholes, valve boxes, posts, etc., and
correlating this information with existing utility records.) These utilities will
be located by obtaining a One-Call Notice and measuring the marked
locations.
iii) Storm Water — Storm water facilities within the project limits will be
located to Quality Level C. Locations will be based on the surveyed
locations of accessible storm water manholes and drainage inlets.
iv) Wastewater—Wastewater facilities within the project limits will be located
to Quality Level C. Locations will be based on the surveyed locations of
accessible wastewater manholes. Wastewater lines that are not to be
replaced as part of this project and that fall within the footprint of
construction-related excavation shall be located at Quality Level A.
v) Water — Water facilities within the project limits will be located to Quality
Level C.
vi) Gas—Gas facilities within the project limits will be located to Quality Level
C by the NE. The City of Corpus Christi Gas Department will provide
Quality Level A. The NE will coordinate this activity.
b) Inform local franchises whose utilities fall within the footprint of construction-
related excavation of the potential for encountering their utility lines during
construction.
7. Construction Observation Services. To Be Determined.
8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the
one-year period after acceptance of the Project. Note defects requiring contractor action
to maintain, repair, fix, restore, patch, or replace improvement under the maintenance
guaranty terms of the contract. Document the condition and prepare a report for the City
EXHIBIT"A"
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staff of the locations and conditions requiring action, with its recommendation for the
method or action to best correct defective conditions and submit to City Staff. Complete
the inspection and prepare the report no later than sixty (60) days prior to the end of the
maintenance guaranty period.
Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task
List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List
does not supersede Exhibit"A".
II. SCHEDULE
Date Activity
TBD NTP
1 Month after NTP Final ELR submittal
3 Months after NTP 60% Design Submittal
2 Weeks after 60%
Submittal City Review
6 Months after NTP 100% Final Submittal
Advertise for Bids
Pre-Bid Conference
Receive Bids
3 Months Total Contract Award
9 Months from NTP Begin Construction
17 Months from NTP Complete Construction
Ill. FEES
A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic
Services" authorized with the exception of construction phase services which will be performed
on a time and materials basis as per the table below. The fees for Basic Services will not
exceed those identified and will be full and total compensation for all services outlined in Section
I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this
project is subject to the availability of funds. The Engineer may be directed to suspend
work pending receipt and appropriation of funds. For services provided, NE will submit
monthly statements for services rendered. The statement will be based upon A/E's estimate
(and with City's concurrence) of the proportion of the total services actually completed at the
time of billing. City will make prompt monthly payments in response to NE's monthly
statements.
B. Fee for Additional Services. For services authorized by the Director of Engineering Services
under Section I.B. "Additional Services," the City will pay the NE a not-to-exceed fee as per the
table below:
EXHIBIT"A"
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Summary of Fees
Basic Services Fees
1. Preliminary Phase $10,497.00
2. Design Phase $346,822.00
2.c.6. Electrical Design $53,152.00
3. Bid Phase $11,112.00
4. Construction Administration Phase (Time & Materials) $50,021.00
4.a. Electrical (Time & Materials) $11,102.00
Subtotal Basic Services Fees $482,706.00
Additional Services Fees (Allowance)
1. Permit Preparation (Authorized at NTP) $1,031.00
1. a. RAS (Authorized at NTP) $5,250.00
N/A
3. Topographic Survey and Parcel Descriptions
f. Main Section (Schatzell to Taylor) (Authorized at NTP) $51,491.00
g. Add' Survey (Surfacing & Striping) (To be authorized) $43,758.00
(Time & Materials)
4. Environmental Issues (Authorized at NTP) $5,036.00
5. Public Involvement (Authorized at NTP) $4,233.00
5a. Public Involvement(Support) (To be authorized) $20,020.00
6. Subsurface Utility Investigation (Authorized at NTP) $33,286.00
7. Construction Observation Services TBD
8. Warranty Phase $3,688.00
9. Landscaping Design (Authorized at NTP) $7,150.00
10. Televised Inspection of Lines TBD
Sub-Total Additional Services Fees Authorized $174,943.00
Total Authorized Fee $657,649.00
EXHIBIT"A"
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EXHIBIT A-1
TASK LIST
(Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede Exhibit"A.")
Contract for Professional Services
Exhibit A-1
•
Exhibit A-1
Task List
HDR, Inc
"CHAPARRAL STREET-PHASE 2 DOWNTOWN DEVELOPMENT MASTER PLAN"
PROJECT NO. El 5107
BOND ISSUE 2014 PROPOSITION 2
I. SCOPE OF SERVICES
The following scope of services appends Exhibit"A" of the Chaparral Street-Phase 2
Downtown Development Bond 2014 Proposition 2 contract. Any items of Exhibit"A" not
intended to be appended by Exhibit"A-1" are listed as"N/A". The Chaparral Street-Phase 2
project limits are from Taylor Street to Schatzell Street. The anticipated construction work
consists of reconstruction of the roadway, replacement of City water lines, replacement of
City waste water lines, replacement of City storm sewer, reconstruction of curb and gutter,
reconstruction of sidewalks/driveways, and reconstruction of ADA accessible ramps.
A. BASIC SERVICES
1. Preliminary Phase
a) N/A
b) N/A
c) N/A
d) N/A
e) N/A
f) N/A
g) N/A
h) N/A
i) The drainage areas studied for the project are the current contributing areas
along the centerline of Chaparral St from Taylor to Schatzell.
j) N/A
k) N/A
I) N/A
m) N/A
n) N/A
o) N/A
p) A draft engineering letter report has been previously submitted by HDR and
approved by the City of Corpus Christi. Amendment 1 accommodates the scope
of effort required to finalize the draft engineering letter report into a final
Engineering Letter Report.
q) N/A
r) N/A
s) One four hour meeting is assumed for the review meeting of the final ELR.
t) N/A
u) N/A
City staff will provide one set of the following (as applicable):
a) N/A
b) N/A
c) N/A
Exhibit A-1 1 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
d) N/A
e) The City will provide more extensive GIS utility mapping beyond what is available
on the City's website whenever possible.
f) N/A
g) N/A
h) Schedule project review meetings and invite appropriate attendees.
i) Authorization form from City Engineering allowing the NE to act as a
"representative" of the City when coordinating with agencies as stated in Basic
Services I.A.1.P.5.
2. Design Phase
a) Develop and update periodically a utility conflict matrix which will be shared with
the City during the project development process and submitted to the City at the
60%, 100%, and final project submittals.
b) N/A
c) NE will coordinate with City Gas Department to show any proposed gas lines
within the project limits in plan view. Anticipated construction drawings are as
follows:
1. General Sheets
2. Street and Storm Sewer Sheets
3. Water, Waste Water, and Gas Sheets
4. Storm Water Pollution Prevention Plan
5. Signing and Striping Sheets
6. Electrical Sheets
a) Provide the necessary engineering services to produce bidding and
construction documentation for the renovation of Chaparral Street
between Schatzell and Taylor streets. The scope of this project shall
include:
1) Design of power conduits from the AEP vaults and the AEP provided
street lights
2) Design of the grade mounted lighting for the uplighting of the trees.
3) Coordinate with AEP for power to the site.
4) Coordinate with the landscape designer.
d)
1. One traffic control plan concept will be included in the project plan set.
e) HDR plans for the duration of the City's 60% plan review to be 2 weeks.
f) The 60% review will consist of only one meeting with City staff. Additional 60%
review meetings requested by City staff will require the Chaparral Street project
contract to be amended to include these meetings.
g) The 90% review was removed at the City's request.
h) N/A
i) HDR plans for the duration of the City's 100% plan review to be 2 weeks.
j) N/A
k) N/A
I) The schedule from design to completion of construction is planned for 24
months. The project engineer requires 1 hour for preparation and submittal of
progress reports to the City for a total of 24 hours. These hours are independent
of the additional staff hours required for supporting the project engineer. If
through no fault of HDR the design and construction schedule extends past 24
months, it will require the Chaparral Street project contract to be amended to
accommodate the additional hours.
Exhibit A-1 2 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
•
m) N/A
City staff will:
a) N/A
b) N/A
c) N/A
3. Bid Phase
a) N/A
b)
c) N/A
d) The City is responsible for answering any questions related to the electrical
design plan sheets, specifications, and details. The City is also responsible for
any addenda for electrical design.
e) N/A
f) N/A
g) A maximum of five slides will be prepared and coordinated with the City for their
presentation to the City Council.
City staff will:
a) N/A
b) N/A
c) N/A
d) N/A
4. Construction Administration Phase
The first sentence is deleted and replaced by the following: "The A/E will perform
construction administration activities to include the following:"
Construction administration will be performed on a time and materials basis.
a) N/A
b) HDR plans for the following hours to review and respond to contractor submittals:
project manager(4 hours), project engineer (16 hours), engineer-in-training (28
hours), and administrative assistant(8 hours). If contractor submittals require
HDR to exceed these planned hours, it will require the Chaparral Street project
contract to be amended to accommodate the additional hours.
c) N/A
d) N/A
e) The construction schedule duration is estimated at 15 months. During this
duration, HDR plans for the following hours: project manager(20 hours), project
engineer(117 hours), engineer-in-training (207 hours), technician (27 hours), and
administrative assistant(20 hours). If the construction schedule extends past 15
months causing HDR to exceed these planned hours, it will require an
amendment to the contract for additional hours to accommodate the extended
construction schedule. Any additional time spent on the project site at the
request of City staff will require the Chaparral Street project contract to be
amended to accommodate the agreed upon additional hours.
f) N/A
g) N/A
h) N/A
i) N/A
j) N/A
Exhibit A-1 3 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
•
City staff will:
a) N/A
b) N/A
B. Additional Services
This section defines the scope of additional services that may only be included as
part of this contract if authorized by the Director of Engineering Services. NE may not
begin work on any services under this section without specific written authorization by
the Director of Engineering Services. Fees for Additional Services are an allowance for
potential services to be provided and will be negotiated by the Director of Engineering
Services as required. The NE shall, with written authorization by the Director of
Engineering Services, perform the following services which append Exhibit"A" Additional
Services of the contract:
1) Permit Preparation N/A
2) Right-of-Way (ROW) Acquisition Survey N/A
3) Topographic Survey and ROW Survey All work must be tied to and conform with
the City's Global Positioning System (GPS) control network and comply with
Category 6, Condition I specifications of the Texas Society of Professional
Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth
Edition. Include reference to a minimum of two (2) found or set monuments from the
project area.
a) Prepare field sketch based on City GIS and available record drawings.
b) Provide traffic control with warning signs, truck-mounted strobe light, and
appropriate PPE during field survey activities.
c) Establish Horizontal and Vertical Control
(i) Establish both primary and secondary horizontal/vertical control.
(ii) Set project control points for Horizontal and Vertical Control outside the
limits of project construction disturbance.
(iii) Horizontal control will be based on NAD 83 State plane coordinates
(South Zone); a combined scale factor will NOT be applied to the survey
data (i.e. —survey data provided will be in grid).
(iv)Vertical control will be based on NAVD 88.
(v) All control work will be established using conventional (non-GPS)
methods.
d) Locate proposed soil/pavement core holes as drilled by the City of Corpus Christi
Geotechnical Engineering Consultant.
e) Prepare topographic map in CAD for all survey data obtained as detailed below.
f) HDR is not responsible for inaccuracies of any City provided survey or any
design issues arising from it.
g) HDR will make reasonable attempts to utilize and merge any City provided
survey with HDR's survey, but HDR is not responsible for any incompatibilities
between the surveys which prevent them from being merged.
Exhibit A-1 4 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
•
h) Main Section of Chaparral Street: (Taylor Street to Schatzell Street)
(i) Obtain x, y, and z coordinates for the following within the apparent right-
of-way ("ROW"):
1. 50-foot cross sections and major breaks to 20' beyond the ROW
(includes back of curb, curb gutter line, edge of pavement, roadway
crown, sidewalk, and natural ground).
2. City improvements (includes ADA infrastructure, traffic signals and
boxes, signs, permanent trash cans and benches, landscape boxes).
3. Visible surface utilities and appurtenances (City-Owned and Third
Party) within the ROW and adjacent easements.
4. Accessible City-Owned manhole inverts.
5. Trees, at least five inches in diameter.
6. Private Infrastructure (includes buildings, Finished Floor Elevations,
building attachments, fences).
7. 15' grid of parking and empty lots to 60' beyond ROW.
(ii) Prepare a Civil 3D surface model for use in project design.
(iii) Right-of-Way Verification:
1. Research plats, ROW maps, deeds, easements, and prepared field
sketch.
2. Boundary survey for fence corners, monuments, and iron pits.
3. Analyze data to establish the apparent ROW and include in the
topographic map.
i) Additional Surveys For Surfacing and Striping: In the event the City's drone
survey is not adequate for the surfacing and striping scope of the project, they
City may authorize additional surveys. Additional Surveys for Surfacing and
Striping will be performed on a time and materials basis. The surfacing and
striping includes Chaparral Street from Taylor Street to IH 37 &William Street to
Coopers Alley. It also includes the following intersecting streets: Taylor Street,
Starr Street, Peoples Street, Schatzell Street, Lawrence Street, William Street
and John Sartain Street. The limits of work for the intersecting streets are from
Mesquite Street to Water Street.
(i) Obtain x, y, and z coordinates for the following within the curbed
pavement section:
1. 50-foot cross sections and major breaks (includes back of curb, curb
gutter line, edge of pavement, roadway crown)
2. Visible surface utilities and appurtenances (City-Owned and Third
Party)
3. Parking stripes
4) Environmental Services — HDR will provide a Phase 1 environmental site assessment
(ESA). The objective of the Phase I ESA is to identify Recognized Environmental
Conditions (RECs) that either currently exist or may have existed on or around the Site as
Exhibit A-1 5 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
defined under the ASTM Method E1527-13 Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process (ASTM Standard).
Phase 1 services will consist of the following:
a) HDR will utilize a research firm (EDR, Inc.) to provide a regulatory database
search of the Site and surrounding properties that will include ASTM-prescribed
federal, state, tribal, and local databases within the ASTM-prescribed search
distances. If determined to be necessary, HDR will complete file reviews for sites
listed in the database that, in the view of an HDR environmental professional,
may pose an impact to the Site.
b) HDR will review historical information for the Site, as applicable and available,
according to the determination of the HDR environmental professional. Sources
of historical information may include aerial-photography, USGS 7.5-minute
topographic maps, fire-insurance maps, local street-directories, property tax files,
building-department records, recorded land title/deed records, and zoning/land-
use records.
c) HDR will perform a site reconnaissance of the property and surrounding
properties, in accordance with the guidance provided in the ASTM standard. The
site reconnaissance will be conducted in order to identify potential RECs located
on the Site, or on surrounding properties with the potential to impact the Site.
The site reconnaissance may also be augmented with a Site Reconnaissance
Questionnaire that will document the general site setting and exterior and interior
observations (if applicable and available).
d) HDR will conduct interviews with the property owner and people with knowledge
of the property as appropriate. If conditions warrant, interviews with surrounding
property owners will be conducted. A narrative will be prepared to document the
past use(s) of the property.
e) Interviews will be conducted, as appropriate, with local government officials who
may have specific information on the property, including the local fire department,
health department, planning department, and historical society/library, to
determine any additional information on the historical land use of the property
and surrounding properties.
f) Meetings
i) A site visit by an HDR professional (meeting the criteria of an Environmental
Professional, as defined in the ASTM standard)will be completed.
ii) Two conference calls will be completed with the City of Corpus Christi to
review the results of the assessment.
g) Deliverables - HDR will prepare 1 draft and 1 final copy of the Phase I
Environmental Site Assessment report. The report will include findings, opinions
and conclusions. Recommendations for further actions may be included, if the
City of Corpus Christi requests. Recommendations may also be provided under
separate cover, since the ASTM standard does not require inclusion of
Recommendations in the report.
h) Key Understandings
i) The City of Corpus Christi is to provide a site map or survey of the property
and a title abstract report, if available, identifying the parcel(s) that are the
subject of this site assessment.
Exhibit A-1 6 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
ii) The City of Corpus Christi is to provide contact information for Site owners that
may be aware of Site's history.
iii) HDR assumes that file reviews can be completed electronically. If HDR is
required to review extensive documents on a site at the appropriate Federal or
state agency, additional cost may be incurred.
iv) The City of Corpus Christi will provide information regarding environmental
liens on the property.
v) No invasive site work, quantitative chemical analysis, asbestos, lead-based
paint, components of building materials, radon, wetlands, archaeological or
threatened &endangered species reviews are included in the scope of this
ESA.
vi) The ASTM Standard currently requires a real-estate assessment to be
completed in the event there is a significant devaluation of the subject property
due to an environmental condition. HDR's professional services do not
include this assessment, and this will be noted as an exception to the ASTM
Standard.
vii) This task covers the Phase I ESA only, and does not include any services
related to additional investigation of any portion of the Site and/or Phase II
ESA services.
viii)The ASTM Standard defines the"Shelf Life" for Phase I Reports as 180 days.
If closing has not occurred within 180 days, an update of the Phase I ESA may
be required.
ix) Reliance letters may be provided at additional cost.
5) Public Involvement. N/A
a) HDR will provide stakeholder engagement and public involvement support on an
as-needed basis during the design phase of the Chaparral Street, Phase II
project. The following services is offered on an as-needed basis:
• Partner with the City of Corpus Christi Public Information Office and the
Downtown Management District in support of project communications,
stakeholder engagement and public involvement activities.
• Provide strategic consultation on public involvement activities that will
inform and engage stakeholders in a timely and concise manner during
the design phase of the project.
• Provide support with specific issues management and engagement with
special stakeholder groups in the Marina Arts District.
• Provide support in communications in the areas of: key message
development, media relations and stakeholder feedback methods.
• Provide assistance with coordination, planning and staffing support for
public meetings, presentations and/or similar public events.
6) Subsurface Utility Investigation
Exhibit A-1 7 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
a) SUE services for Chaparral Street from Taylor Street to Schatzell Street-
Alternate Phase 3: Provide Subsurface Utility Engineering ("SUE") in
accordance with ASCE Standard "ASCE C-I, 38-02; Standard Guideline for the
Collection and Depiction of Existing Subsurface Utility Data" including, but not
limited to, hydro-excavation. The proposed subsurface utility investigation will be
as follows:
i) Utility Quality Level Definitions:
(i) Utility Quality Level D — Information obtained from GIS, record drawings,
oral recollections. Provided during topographic survey.
(ii) Utility Quality Level C — Information obtained from survey of visible
surface utility features and correlation with quality level D information
using sound professional judgment. Provided during topographic survey.
(iii) Utility Quality Level B — Information obtained through the application of
electric utility locators to determine the existence and approximate
horizontal position of subsurface utilities. This method is only functional
on ferrous metals. (i.e. iron and iron alloys)
(iv) Utility Quality Level A — Information obtained by actual exposure of
utilities using hydro-excavation equipment and subsequent
measurements of the precise horizontal and vertical location of utilities.
ii) Prepare ROW Blockage Permit for the City of Corpus Christi.
iii) Coordinate with Texas 811 One-Call to mark approximate locations of utilities.
iv)Provide one (1) week of Utility Quality Level A field work (maximum of 10
potholes)to locate utilities, as selected by the Engineer.
(i) Field work includes the following:
1. Traffic Control
2. Street Coring
3. Excavations
4. Precise horizontal and vertical measurements and photographs.
5. Identification of the type, size, material, and condition of utilities.
6. Backfill in general compliance with City of Corpus Christi standards.
v) Prepare report of findings
vi) Include actual utility locations in the topographic map.
vii) HDR has excluded the following services:
(i) Private utility service connections on topographic map, unless Level 'A'
SUE has been performed.
(ii) Excavations of utilities with depths of cover greater than 6'.
7) Construction Observation Services - Construction observation services are not
included as part of the scope for this project. The NE can provide a scope and fee
for construction observation services if requested by the City.
Exhibit A-1 8 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
8) Warranty Phase— N/A
9) Landscaping Design—The NE will include as part of the Chaparral Street-Phase 2
design a landscape plan from Taylor to Schatzell. Services shall include the
following:
a) Preliminary and Design Phase
i) Confirm and evaluate all site conditions.
ii) Develop a schematic landscape design for approval.
iii) Preliminary review of the project budget as relative to the new schematic
designs and construction.
iv) Provide landscape and irrigation construction documents for the proposed
streetscape improvement on Chaparral Street Phase 2.
v) Prepare construction drawings, plans, and specifications in requested format.
vi) Coordinate all improvements with all PS&E disciplines.
vii) Submit landscape & irrigation construction cost estimate.
viii)Provide summary sheets with total quantities and pertinent notes for the
referenced project.
ix) Furnish a reproducible set of landscape and irrigation plans.
b) Bid & Construction Phase
i) Attend pre-bid conference
ii) Assist City in securing bids.
iii) Attend the public bid opening. Analyze bids, and provide recommendations
concerning the award of contract. (If required)
iv) Attend and assist with facilitation of a preconstruction meeting with the
contractor and city representatives.
v) Review and check for approved materials and other submittals provided by
the contractor.
vi) Inspect and approve all landscape and site improvements.
vii) Provide interpretations and clarifications of the plans and specifications for
the contractor. Authorize minor changes, which do not affect the contractor's
price and are not contrary to the interest of the City.
viii)Review any change orders necessary during the process of the work.
ix) Confer with governmental authorities as needed.
x) Visit the site to confer with City project inspector and contractor to observe
the general progress and quality of work, and determine, in general, if the
work is being done in accordance with the contractor documents.
xi) Conduct a preliminary inspection and prepare documentation ("Punch List")
for items needing correction.
xii) Conduct a final inspection with City personnel and Contractor for complete
and proper installation.
c) Landscape architectural fees include:
i) The necessary conferences and site visits for the preparation of preliminary
studies and final designs.
ii) The production of complete landscape architectural drawings and
specifications in the City's requested format.
d) City of Corpus Christi Shall Supply or Reimburse the Following:
i) All base and site maps
ii) Approval of preliminary conceptual designs and sketches
iii) All printing and reproduction fees.
iv) All ADA requirements
Exhibit A-1 9 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
10)Televised Inspection of Lines—At the request of the City, HDR may amend their
contract to include televising the existing utility and storm sewer lines.
II. SCHEDULE
Actual dates will be adjusted based on actual approvals as the project progresses.
Ill. FEES
N/A
Exhibit A-1 10 HDR Engineering,Inc.
Chaparral Street—Taylor to Schatzell
Project No.E15107
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for:
COMPLETE PROJECT NAME Payment Request
Revised 07/27/00
Project No.XXXX
Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O&M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
Contract for Professional Services
Exhibit B
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release
of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the
TX Govt. Code protects third party commercial and financial information if release of the information
would cause the third party substantial competitive harm. Final determination of confidentiality will be
made by the Texas Attorney General.
DOCUMENTATION OF PROVISIONAL/OVERHEAD RATES: Overhead rate documentation has been
provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates
below.
PRINCIPALS: The Consultant must provide documentation with each payment request that clearly
indicates how a Principal's time is allocated and the justification for that allocation.
PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #:
Project Consultant:
CAD Technician:
Clerical:
Other—specify:
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Contract for Professional Services
Exhibit B-1
EXHIBIT C
INSURANCE REQUIREMENTS
Contract for Professional Services
Exhibit C
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. A waiver of subrogation is required on all applicable policies.
Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
and identify any limitations regarding
who is insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant shall be required to submit a copy of the replacement certificate of
1 Rev 07/16
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 07/16
EXHIBIT D
DISCLOSURE OF INTEREST
Contract for Professional Services
Exhibit D
SUPPLIER NUMBER
TO BE ASSIGNED BY CII Y
= = PURCHASING DIVISION
City CITY OF CORPUS CHRISTI
Ch
Corpus
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 171 12, 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: HDR Engineering, Inc.
P. O. BOX:
STREET ADDRESS: 555 N. Carancahua, Ste 1600 CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation ® 2. Partnership 3. Sole Owner ❑
4. Association 5. Other
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
4 _..
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
Il/R
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."
NameConsultant
EXHIBIT "D"
Page 1 of 2
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: .44e771a1 , Co4wE Title: 1.047 aAi '
(Type or Pnot)
Signature of Certifying Person: Date:
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.
EXHIBIT "D"
Page 2 of 2
EXHIBIT E
CERTIFICATE OF INTERESTED PARTIES (FORM 1295)
Contract for Professional Services
Exhibit E
EXHIBIT F
Excerpt from Corpus Christi General Conditions for Construction Projects
Related to Design Services
Contract for Professional Services
Exhibit F
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 10
Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions 10
Article 6—Bonds and Insurance 12
Article 7—Contractor's Responsibilities 12
Article 8—Other Work at the Site 12
Article 9—Owner's and OPT's Responsibilities 12
Article 10—OAR's and Designer's Status During Construction 13
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 Prosect 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
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
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.
Excerpt from Form 00 72 00 General Conditions-9
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
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.
Excerpt from Form 00 72 00 General Conditions-10
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
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.
Excerpt from Form 00 72 00 General Conditions-11
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.
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
Excerpt from Form 00 72 00 General Conditions-12
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.
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.
Excerpt from Form 00 72 00 General Conditions-13
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.
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. 2016-115885
HDR Engineering, 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 09/23/2016
being filed.
41-9/
City of Corpus Christi,TX Date Ackno ledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify th o tract,and provide a
description of the services,goods,or other property to be provided under the contract.
E15107
AMENDMENT 1-Chaparral Street Phase 2 from Schatzell Street to Taylor Street(Bond 2014)
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Little, George Omaha, NE United States X
Keen, Eric Omaha, NE United States X
Felker, Brent Davis,CA United States X
O'Reilly, Charles Boston,MA United States X
HDR, Inc. Omaha, NE United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
iargeledi
4;...''°4,;;',, JEANNE K GOODHEW > Signature of authorized agent of contracting business entity
t y ID# 373881-5
r .�A�
r. # Nota Pugli¢c,
� ,j,;1
STJYIST �E
My Comm. Exp. 04-22.2017 ) / 2 (
w'rnYo a'hdusublecritt'ed`6eldre`fne„bfhe saaf Prr t c� . t c�I(fit I) ,this the 7 day of ; ,
20 (Cj ,to certify which,witness my hand and seal of office.
Niejco •e—"-41 (13 e541-1--• C—/ ASS I``.;
Signature of o ice administering oath Printed name of officer administering oath Title f fficer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
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