HomeMy WebLinkAboutC2018-322 - 6/12/2018 - Approved 4
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
18042A Slough Road from Rodd Field Road to Dead End (Bond 2018)
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 Munoz Engineering, a Texas corporation, 1608 S. Brownlee Boulevard, Corpus Christi,
Nueces County, Texas 78404, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 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 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBITS
2018-322
6/12/18
Res.031445
Munoz Engineering
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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. The approved Scope of Services defines the services to be performed by Consultant under this
Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.At
review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed
must be in writing.
1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request,Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%
of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates(project progress or delays)in the format requested by the
City with each monthly invoice.
1.6 For design services,Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities,as defined and described in City's General Conditions for Construction Contracts,excerpt attached
as Exhibit D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans,specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
- ----- - -contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-
1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3b party
owners/operators.
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1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality controliconstructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $449,172.
3.2 The Consultant's fee will be on a lump sum or lime 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.
_e•-. ..e••' . . : _- - :---- . 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 ortasks
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
nuiice ifiesks 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.
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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 Consultants work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase oras final compensation or regarding any amount that may be withheld by City,Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right
to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 33 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
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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 essenceforthis Agreement. Consultant shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project,in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant's ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant's
opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's
experience and qualifications and represent Consultant's best judgment as a design professional familiar with the
construction industry,but Consultant cannot and does not guarantee proposals,bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI—INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII —INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers,agents,employees,excluding the engineer or architect or that person's agent,employee
or subconsultant,over which the City exercises control ("Indemnitee")from and against any and
all claims,damages, liabilities or costs,including reasonable attorney fees and court costs,to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
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Consultant or its agent, Consultant under contract or another entity over which Consultant
exercises control while in the exercise of rights or performance of the duties under this
agreement.This indemnification does not apply to any liability resulting from the negligent acts or
omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
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.
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8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
maybe 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 fora 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.
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
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documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if,in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI—CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy,governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost
due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in
wilting 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
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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.
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.
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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 oras 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
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 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 conceming the Project,including scope meetings,review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.6 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.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering
into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https:llwww.ethics.state.tx.us/whatsnewlelf_info fonn1295.htm. The form must then be printed,signed and
filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.statetx.us/legal/ch46.html.
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PROFESSIONAL SERVICES DOC
13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification,
"boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that
is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a
person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for
ordinary business purposes.
13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article,
sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
CITY jArt ' :TI MUNOZ ENGINEERING, LLC
lio �� lS 6ttl — I` ``_-- 05/02/18
Jeff . Edmonds, P. E., ate
Director of Engineering Services Ramiro Munoz, II, P. E. Date
Date Principal
1608 S. Brownlee Boulevard
APPROVED AS TO LEGAL FORM Corpus Christi, TX 78404
JA../-- 2018.05.09 09:44:10 (361) 946-4848 Office
4 --
-05'00' (361) 265-0562 Fax
Assistant City Attorney Date ram@munozengrg.com
ATTEST
TEST
jegc/ce _
- ((Au-L. 6/ -11
C ty Secretary Date
Page 11 Rev.18-1
KIENGINEERING DATAEXCHANGEIVELMAP',STREET718042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018.PROP 1lCONSULTANT CONTRACT\201B-01266ONTRACT
PROFESSIONAL SERVICES DCC
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SECRETARY
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•
Project Slough Road from Rodd Field Road to Dead End (Bond 2018) (Project No. 18042A1
Accounting Unit 3551-051
Account 550950
Activity 18095-A-3551-EXP
Account Category 50950
Fund Name ST2015 GO BD 14
Page 12 Rev. 18-1
K\ENGINEERING DATPEXCHANGEIVELMAP4STREE1118O42A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018.PROP 11CONSULTANT CONTRACB20180120 CONTRACT
PROFESSIONAL SERVICESDOC
•
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
SLOUGH ROAD — RODD FIELD ROAD TO 400 FEET EAST OF PENNINE WAY
PROJECT NO. E18042C
BOND ISSUE 2018
I. SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this contract, Preliminary Phase may include Schematic
Design and Design Phase services may include Design Development as
applicable to Engineering services.
1. Preliminary Phase. The Architect/Engineer-NE(also referred to as Consultant)
will:
a) Prepare PowerPoint presentation in City format for City Council Meeting.
b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute
meeting meetings to attendees within five working days of the meeting.
c) Prepare geotechnical investigation findings (see additional services).
d) Request available reports, record drawings, utility maps and other
information provided by the City pertaining to the project area.
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. Prepare
conceptual life- cycle cost estimate with recommended pavement sections
using Federal Highway Administration (FHWA) Real Cost Program.
g) Identify right-of-way acquisition requirements and illustrate on a schematic
strip 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
EXHIBT"A"
PAGE 1 OF 12
•
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 (if
required).
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.
p) Prepare an Engineering Letter Report 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:
a. 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.
b. Include summary output tables from Hydraulic and Hydrologic
analyses.
c. Include existing site photos.
d. Provide opinion of probable construction costs.
e. 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.
f. Provide anticipated index of drawings and specifications.
EXHIBT"A"
PAGE 2 OF 12
•
g. 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.
r) Submit computer model file, results and calculations used to analyze
drainage.
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.
u) Assist City in presenting summary of ELR findings to the Bicycle and
Pedestrian Subcommittee and the Transportation Advisory Committee
(TAC). Prepare PowerPoint presentation, handouts and exhibits for
meeting. Provide follow-up and response to comments.
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.
c) The preliminary budget, specifying the funds available for construction.
d) A copy of existing studies and plans. (as available from City Engineering
files).
e) Field location of existing City utilities. (NE to coordinate with City Operating
Department)
f) Applicable Master Plans and GIS mapping.
g) City Control survey Bench marks and coordinates.
h) Preliminary Traffic impact assessment.
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).
EXHIBT"A"
PAGE 3 OF 12
•
•
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".
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.
a. Required with the interim plans is a "Plan Executive Summary", list
of proposed standard and technical specifications, project checklist
& drawing checklist which will identify and summarize the project by
distinguishing key elements and opinion of probable project costs.
b. Attend 60% submittal meeting with City Staff to assist staff in review
of 60% submittal.
f) Hold Project 60/'o review meeting. Prepare meeting agenda and distribute
meeting minutes to attendees within five working days of the meeting.
Assimilate all review comments, as appropriate and, upon Notice to
Proceed.
g) Provide one (1) set of the final (100%) plans (unseated and unstamped -
electronic and fell-size hard copy using City Standards as applicable) for
City's final review. 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 fell-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.
h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure
that all submittals of the interim 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
EXHIBT"A"
PAGE 4 OF 12
monthly progress and review meetings. See Exhibit"A-2" for required form.
j) 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) Participate in the pre-bid conference and provide a meeting agenda for
critical construction activities and elements impacted the project.
b) Assist the City in solicitation of bids by identification of prospective bidders,
and review of bids by solicited interests.
c) 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.
d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and
make recommendation concerning award of the contract.
e) In the event the lowest responsible bidders bid exceeds the project budget
as revised by the Engineering Services in accordance with the NE's design
phase estimate required above, the Engineer will, at additional cost to the
original contract, 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.
f) 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,
EXHIBT"A"
PAGE 5 OF 12
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 Engineers 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. The NE will perform contract
administration to include the following:
a) Participate in pre-construction 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.
g) Review, evaluate and recommend for City consideration Contractor Value
Engineering proposal.
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 2013 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 provided in ASCII format in tabular form.
All electronic data will be compatible with the City GIS system.
EXHIBT"A"
PAGE 6 OF 12
•
The City staff will:
1. Prepare applications/estimates for payments to contractor.
2. Conduct the final acceptance inspection with the Engineer.
3. Designate an individual to have responsibility, authorized and control for
coordinating activities for the construction phase.
II. 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
a. 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:
i. Texas Department of Licensing and Regulation (TDLR )
2. Topographic Survey
a. 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 Surveyor's 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.
i. Establish Horizontal and Vertical Control.
ii. Establish both primary and secondary horizontal/vertical control.
iii. Set project control points for Horizontal and Vertical Control outside the
limits of project construction disturbance.
iv. 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.
v. Vertical control will be based on NAVD 88.
vi. All control work will be established using conventional (non-GPS)
methods.
vii. Perform topographic surveys to gather existing condition information.
EXHIBT"A"
PAGE 7 OF 12
•
•
viii. Locate proposed soil/pavement core holes as drilled by the City's
Geotechnical Engineering Consultant.
ix. 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.
x. Locate improvements within the apparent ROW.
xi. Locate and identify trees, at least five inches in diameter within the
apparent ROW.
xii. Generate electronic planimetric base map for use in project designs
3. Right-of-Way (ROW) Acquisition Survey and Parcel Descriptions
a. All work must comply with Category 1-A, Condition I specifications of the
Texas Society of Professional Surveyors' Manual of Practice for Land
Surveying in the State of Texas, Ninth Edition. All work must be tied to and
in conformance with the City's Global Positioning System (GPS) control
network. All work must comply with all TxDOT requirements as applicable.
i. Perform surveys to determine apparent right-of-way widths.
ii. Research plats, ROW maps, deed, easements, and survey for fence
corners, monuments, and iron pins within the existing ROW and analyze
to establish existing apparent ROW. NE must obtain Preliminary Title
Reports from a local title company and provide copies of the title reports
to the City. Preliminary Title Report shall identify title ownership and any
title encumbrances to all right-of-way to be acquired.
iii. Provide a preliminary base map containing apparent ROW, which will
be used by the NE to develop the proposed alignment and its position
relative to the existing and proposed ROW. This preliminary base map
must show lot or property lines, land ownership and addresses as per
appraisal district records.
iv. Prepare Metes and Bound Instrument with supporting exhibits as
required and agreed upon, subsequent to ELR acceptance for ROW
parcels, utility easements and temporary construction easements.
v. Set property corners and prepare right of way strip parcel map depicting
all parcels proposed for acquisition. Metes and bounds descriptions
must indicate parent tract areas based on the most accurate information
available. Strip map will show entire parent tracts at "not to scale" and
for information only. All existing easements within the parcels to be
acquired and those within adjacent parcels must be shown.
vi. Prepare individual signed and sealed parcel maps and legal descriptions
EXHIBT"A"
PAGE 8 OF 12
for the required right of way acquisition for parcels and easements. A
strip map showing all parcels required will be submitted along with parcel
descriptions. Additional fees may be required in resolving boundary
conflicts between Owners. NE shall submit parcel maps and legal
descriptions prior to the final submittal.
4. Environmental Issues
a. 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.
5. Public Involvement
a. 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 staff 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 Subsurface Utility
Engineering (S.U.E.) in accordance with ASCE Standard "ASCE C- I, 38-02,
Standard Guideline for the Collection and Depiction of Existing Subsurface
Utility Data". NE will provide Level C, and D. City will provide Level A. NE
will coordinate with the City for the locations and quantity of Level A
Subsurface Utility Engineering (S.U.E.). 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. NE will coordinate with
the City for the locations and quantity for City to provide.
ii. Utility Location - The survey scope includes locating certain utilities to
Quality Level C(Quality Level C involves surveying visible above ground
utility facilities, such as manholes, valve boxes, posts, etc.) These
utilities will be located by obtaining a One-Call Notice and measuring the
marked locations.
EXHIBT"A°
PAGE 9 OF 12
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, NE provided. 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, NE will coordinate with the City for the locations and quantity
for City to provide.
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. NE will coordinate with the City for the
locations and quantity for City to provide.
vii. Inform local franchises whose utilities fall within the footprint of
construction-related excavation of the potential for encountering their
utility lines during construction.
7. Warranty Phase
a. 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 guarantee terms of the contract. Document the condition
and prepare a report for the City 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".
EXHIBT"A"
PAGE 10 OF 12
III. SCHEDULE
Date Activia
June 11, 2018 NTP
June 15, 2018 City provided Traffic
assessment
July 20, 2018 Draft ELR Submittal
August 3, 2018 City Review
August 17, 2018 Final ELR Submittal
August 17, 2018 NTP with Design Phase
October 26, 2018 60% Design Submittal
November 16, 2018 City Review
December 21, 2018 100% Final Submittal
January 11, 2019 City Review
February 8, 2019 Final Submittal (Sealed)
TBD Advertise for Bids
TBD Pre-Bid Conference
TBD Receive Bids
TBD Contract Award
TBD Begin Construction
TBD Complete Construction
IV. FEES
a. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services
will not exceed those identified and will be full and total compensation for all
services outlined in Section I.A.1-4 above, and for all expenses incurred in
performing these services. The fee for this project is subject to the availability of
funds. The 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 NE'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 A/E's
monthly statements.
EXHIBT"A"
PAGE 11 OF 12
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:
SUMMARY OF FEES
PROJECT: SLOUGH ROAD-RODD FIELD ROAD TO 400 FEET EAST OF PENNINE WAY
CITY ID: 18042C
*ND ISSUE: 2018
SUMMARY OF FEES
BASIC SERVICES FEES
1 Preliminary Phase $ 85,709.00
2 Design Phase $ 187,200.00
3 Bid Phase $ 10,337.00
4 Construction Administration Phase (T&M) $ 51,526.00
BASIC SERVICES FEES SUBTOTAL: $ 334,772.00
ADDITIONAL SERVICES FEES(ALLOWANCE)
1 Permit Preparation $ 3,330.00
2 Topographic Survey $ 43,450.00
3 Right-of-Way(ROW)Survey $ 13,380.00
4 Right-of-Way(ROW)Acquisition Survey and Parcel Descriptions $ 12,890.00
5 Environmental Issues(as authorized) TBD
6 Public Involvement $ 12,150.00
7 Subsurface Utility Investigation $ 24,290.00
8 Offsite Storm Water Design (as authorized) TBD
9 Traffic Signalization Design(as authorized) TBD
10 Traffic Control Plan(TCP) (as authorized) TBD
11 Warranty Phase $ 4,910.00
12 Televise Wastewater Lines TBD
ADDITIONAL SERVICES FEES(ALLOWANCE)SUBTOTAL: $ 114,400.00
TOTAL AUTHORIZED FEE: $ 449,172.00
EXHIBT"A"
PAGE 12 OF 12
•
EXHIBIT "A-1"
(Provides supplemental description to Exhibit'A'. Task List does not supersede Exhibit'A'.)
CITY OF CORPUS CHRISTI, TEXAS
SLOUGH ROAD— RODD FIELD ROAD TO 400 FEET EAST OF PENNINE WAY
PROJECT NO. E18042C
BOND ISSUE 2018
TASK LIST
BASIC SERVICES
1. Project limits include Slough Road from Rodd Field Road to approximately 400
feet east of Pennine Way. These limits involve the existing right-of-way plus
acquired parcels of right-of-way to facilitate the proposed improvements.
2. Perform field investigations and field surveys (as authorized by Additional
Services) as required to define specific areas of demolition and new work along
with the applicable parameters required to complete the engineering letter report
and construction drawings.
3. Contact Texas 811 system to locate existing City utilities in the field, and
coordinate with appropriate City operating departments.
4. Attend and participate in project kickoff and planning meetings (3 meetings)with
City staff to discuss planning and conceptual design.
5. Review available reports, record drawings, utility maps and other information
provided by the City pertaining to the project area.
6. Develop preliminary typical street sections.
7. Prepare conceptual life-cycle cost analysis comparing estimated life-cycle costs
for flexible pavement and rigid pavement using FHWA Real Cost program.
8. Prepare preliminary hydrologic and hydraulic analyses for storm water runoff for
25-year design storm and check 100-year extreme event.
9. Prepare one (1) hard copy and one (1) electronic copy of the draft engineering
letter report including data collected, preliminary drainage calculations, roadway
alignment, additional road requirements (if any) and conceptual cost estimates
for the anticipated improvements and make recommendation to the City staff.
10. Review with City staff, revise and furnish one(1)hard copy and one(1)electronic
copy of the final engineering letter report. Obtain approval to proceed to Design
Phase.
11. Assist the City in presenting findings to the Bicycle and Pedestrian
EXHIBT"A-1"
PAGE 1 OF 6
Subcommittee and Transportation Advisory Committee. Prepare PowerPoint
presentation, handouts and exhibits for meeting and provide follow-up response
to comments.
12. Participate with staff at two (2) public information meetings (as authorized by
Additional Services). Prepare exhibits as required to illustrate scope of proposed
improvements.
13. Prepare final hydrologic and hydraulic analyses for storm water runoff based on
25-year design storm frequency runoff coefficients, times of concentration,
rainfall intensities and drainage areas utilizing WinStorm or NEC-RAS software.
Hydraulic gradient will be reflected in the construction drawings. Also check 100-
year extreme event.
14. Develop construction drawings in English units in 11"x 17" sheets, to include the
following (as required for this project):
- Title Sheet Vicinity Map
• Project Location Map
• General Notes and Testing Schedule
- Estimated Quantities Summary/ Drawing Legends
- Existing and Proposed Street Sections
- Demolition/ Removal Summary
- Existing Utility Base Maps (Water, Wastewater, Storm Water and Gas)
• Drainage Area Map
• Baseline Alignment Sheet
• Storm Water Plan & Profile
• Storm Water Laterals
- Storm Water Details
- Water and Wastewater Plan & Profile
- Water and Wastewater Details
- Wastewater Laterals
- Street Plan & Profile
• Street and Paving Details
- Curb, Gutter, and Sidewalk Details
• Driveway Details
- Curb Ramp Details
• Pavement Marking (Striping) Plan
EXHIBT"A-1"
PAGE 2 OF 6
• Signage Plan
• Storm Water Pollution Prevention Plan (SWPPP)
• Storm Water Pollution Prevention Details
• Miscellaneous Details
• Traffic Control Plan and Construction Sequencing
• Traffic Control Sections and Details
- Barricade and Construction Standards
15. Prepare opinion of probable construction costs including contingency amounts.
16. Prepare Contract Documents to include front-end (Division 00 and 01) EJCDC
documents adopted by the City, standard specifications and technical
specifications.
17. Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare
submittal for City's review depicting 60% design development of the contract
drawings and list of specifications.
18. Address comments received from the City for the 60% design submittal.
19. Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare
submittal for City's review depicting final 100% development of the plans and
contract documents (unseated).
20. Address comments received from the City for the final submittal.
21. Provide final (signed and sealed) plans and contract documents to the City for
bidding process.
22. Update the opinion of probable construction costs.
23. 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).
24. Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for
Professional Services.
25. Provide Construction Administration Phase Services in accordance with Exhibit
'A' of the Contract for Professional Services.
26. NE will coordinate with City and AEP for lighting conduit locations and pole
relocations. A spare conduit for City MIS will be included if requested by the
City.
EXHIBT"A-1"
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ADDITIONAL SERVICES
PERMIT PREPARATION
1. Upon receiving authorization from the City to proceed, furnish to the City all
engineering data and documentation necessary for all required governmental
permits as needed to complete the project.
2. Prepare and submit permit applications and associated fees to the appropriate
authorities as required to complete the project. The permits anticipated for this
project are identified in Exhibit 'A' of the Contract for Professional Services.
TOPOGRAPHIC SURVEY
1. Research horizontal and vertical controls.
2. Pre-plan control survey.
3. Set control points in the field.
4. Establish veOical control points (bench marks) and perform level loops.
5. Establish horizontal control on control points by GPS.
6. Perform topographic survey within project limits.
7. Cross-section existing drainage ditches within project limits at 100-ft.
intervals.
8. Locate and tie-in tract boundaries.
9. Locate and tie-in known utilities and structures.
10. Download raw survey field data, copy field notes, reduce data and check
results.
RIGHT-OF-WAY SURVEY
1. Locate property corners to the degree necessary to identify the existing right-
of-way lines along the project corridor. All work will comply with Category 1-A,
Condition I specifications of the Texas Society of Professional Surveyors'
Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All
work will be tied to and in conformance with the City's Global Positioning
System (GPS) control network.
RIGHT-OF-WAY ACQUISITION SURVEY AND PARCEL DESCRIPTIONS
1. Prepare Metes and Bounds description and Exhibit showing parent parcel and
area of acquisition.
2. Submit Metes and Bounds and Exhibit to City staff for City to prepare and
perform acquisition of right-of-way.
EXI6IBT"A-1"
PAGE 4 OF 6
•
ENVIRONMENTAL ISSUES
1. Scope and Fee to be determined if required.
PUBLIC INVOLVEMENT
1. Assist the City in preparing notices, handouts and exhibits for public
information meetings.
2. Assist the City in conducting two public information meetings.
3. Assist the City with follow-up and response to citizen comments.
4. Revise contract drawings to address minor citizen comments, as directed by
the City.
SUBSURFACE UTILITY INVESTIGATION
1. Upon receiving authorization from the City to proceed, coordinate with the City
for the locations and quantity of Subsurface Utility Engineering (S.U.E.). SUE
shall be in accordance with "ASCE Standard C-I, 38-02, Standard Guideline
for the Collection and Depiction of Existing Subsurface Utility Data". City to
provide Level A services. NE to provide level C & D and coordinate with the
City on locations of Level A and with survey.
OFFSITE STORM WATER DESIGN
1. Due to the adjacent properties being built out and the anticipated drainage
pattern being away from Slough Road it is not anticipated that hydrologic and
hydraulic analyses for offsite will be required beyond the Slough Road right-of-
way. If determined by City staff that additional analyses for offsite storm water
design will be required a scope and fee will be determined.
TRAFFIC SIGNALIZATION DESIGN
1. Scope and Fee to be determined if required.
TRAFFIC CONTROL PLAN (TCP)
1. Prepare Traffic Control (TCP) that includes 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. Scope and Fee to be determined if required.
EXHIBT"A-1"
PAGE 5 OF 6
WARRANTY PHASE
1. Upon receiving authorization from the City to proceed, conduct a maintenance
guarantee inspection toward the end of the one-year (1-year) period after
acceptance of the project. Note observed defects requiring contractor action
to maintain, repair, fix, restore, patch, correct or replace improvements under
the maintenance guarantee terms of the construction contract. Document the
condition and prepare a report for the City staff of the locations and conditions
requiring action.
TELEVISE WASTEWATER TRUNK LINE
1. City will televise the existing wastewater pipes and manholes in and adjacent
to Slough Road from Rodd Field Road to approximately 400 feet east of
Pennine Way. This scope of work includes cleaning the wastewater lines prior
to televising. NE will provide coordination and review of information to
incorporate any design changes into the drawings. Scope and Fee to be
determined if required.
EXHIBT"A-1"
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•
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample corm for
COMPLETE PROJECT NAME Payment Request
ne+.aaa mnrrop
Project No.XXXX
Invoice No.12345
Invoice e Date:
Total Amount Previous Total Percent
Basic Services: Contract Arad No.1 And No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1.000 $0 $0 $1,000 $0 $1000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,003 500 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 $1250 $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 1627 1,827 0 0 0 0%
Plating Survey TBD TBD TBD TBD TBD TBD TBD 0%
O8 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 $1627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6000 $1,000 $1,250 $8,250 $750 $1,500 $2500 30%
Additional Services Fees 2,000 1,120 1627 4,747 500 0 500 11%
Total of Fees $8000 $2,120 $2677 $12997 $1,250 $1,500 $3,000 23%
Contract for Professional Services
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. Bests
rating of no less than A-VII. Consultant is required to provide City with renewal Certificates.
1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of
the replacement certificate of insurance to City at the address provided below within 10 business days of
said change. Consultant shall pay any costs resulting from said changes. All notices under this Article
shall be given to City at the following address:
City of Corpus Christi
Contract for Professional Services
•
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 If the policy is cancelled, other than for nonpayment of premium, notice of such
cancellation will be provided at least 30 days in advance of the cancellation effective date
to the certificate holder.
1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be
provided within 10 days of the cancellation effective date to the certificate holder.
1.7 Within five(5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant
shall notify City of such lapse in coverage and 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 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.
Contract for Professional Services
•
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EXHIBIT D
Excerpt from Corpus Christi General Conditions for Construction Projects
Related to Design Services
Contract for Professional Services
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1—Definitions and Terminology 2
Article 2—Preliminary Matters 8
Article 3—Contract Documents: Intent,Requirements,Reuse 8
Article 4—Commencement and Progress of the Work 9
Article 5—Availability of Lands;Subsurface, Physical and Hazardous Environmental Conditions 9
Article 6—Bonds and Insurance 10
Article 7—Contractor's Responsibilities 10
Article 8—Other Work at the Site 10
Article 9—Owner's and OPT's Responsibilities 10
Article 10—OAR's and Designer's Status During Construction 11
Article 11—Amending the Contract Documents;Changes in the Work 13
Article 12—Change Management 13
Article 13—Claims 14
Article 14—Prevailing Wage Rate Requirements 16
Article 15—Cost of the Work;Allowances; Unit Price Work 16
Article 16—Tests and Inspections;Correction,Removal,or Acceptance of Defective Work 16
Article 17—Payments to Contractor;Set-Offs;Completion;Correction Period 16
Article 18—Suspension of Work and Termination 16
Article 19—Project Management 16
Article 20—Project Coordination 16
Article 21—Quality Management 17
Article 22—Final Resolution of Disputes 17
Article 23—Minority/MBE/DBE Participation Policy 17
Article 24—Document Management 17
Article 25—Shop Drawings 17
Article 26—Record Data 20
Article 27—Construction Progress Schedule 21
Article 28—Video and Photographic documentation 21
Article 29—Execution and Closeout 21
Article 30—Miscellaneous 22
Excerpt from Form 00 72 00 General Conditions-1 Rev 18-2
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Terms with initial capital letters, including the term's singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined,terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2. Agreement - The document executed between Owner and Contractor covering the
Work.
3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4. Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8. Bidder-An individual or entity that submits a Bid to Owner.
9. Bidding Requirements-The Invitation for Bids,Instructions to Bidders, Bid Security, Bid
Form and attachments,and required certifications.
10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier's check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form,refers to individual instrument.
12. Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times,or terms and conditions of the Contract.
13. Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a. Requesting an adjustment in Contract Price or Contract Times;
Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2
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. 559601 et seq. ("CERCLA");
b. The Hazardous Materials Transportation Act,49 U.S.C. 555101 et seq.;
c. The Resource Conservation and Recovery Act,42 U.S.C. §56901 et seq. ("RCRA");
d. The Toxic Substances Control Act, 15 U.S.C. §52601 et seq.;
e. The Clean Water Act,33 U.S.C. 551251 et seq.;
f. The Clean Air Act,42 U.S.C. 557401 et seq.;or
g. Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous,toxic,or dangerous waste,substance,
or material.
17. Contract-The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18. Contract Amendment-A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a. Authorizes new phases of the Work and establishes the Contract Price, Contract
Times,or terms and conditions of the Contract for the new phase of Work;or
b. Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19. Contract Documents - Those items designated as Contract Documents in the
Agreement.
20. Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications,and increases or decreases in unit price quantities,if any,that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21. Contract Times-The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2
•
•
b. Achieve Substantial Completion;and
c. Complete the Work.
22. Contractor-The individual or entity with which Owner has contracted for performance
of the Work.
23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work-The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections, reference standards,
tests,or approvals referred to in the Contract Documents; or
c. Has been damaged or stolen prior to OAR's recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26. Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27. Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract-The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order-A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition - The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations,and the
requirements of the Contract.
31. Indemnified Costs-All costs,losses,damages,and legal or other dispute resolution costs
resulting from claims or demands against Owner's Indemnitees. These costs include
fees for engineers,architects, attorneys,and other professionals.
Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2
•
32. Laws and Regulations;Laws or Regulations-Applicable laws,statutes,rules,regulations,
ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts
having jurisdiction over the Project.
33. Liens-Charges, security interests, or encumbrances upon Contract related funds, real
property,or personal property.
34. Milestone-A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
c. Field Order;or
d. Work Change Directive.
36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City's officers, employees, agents, or
representatives,authorized to administer design and construction of the Project.
39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner's Indemnitees-Each member of the OPT and their officers,directors, members,
partners,employees,agents,consultants,and subcontractors.
41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use-Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule -A schedule prepared and maintained by Contractor,describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM)Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2
45. Resident Project Representative or RPR-The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46. Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents-A schedule of required documents,prepared,and maintained
by Contractor.
48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor's Applications for Payment.
49. Selected Bidder-The Bidder to which Owner intends to award the Contract.
50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings,whether approved or not, are not
Drawings and are not Contract Documents.
51. Site-Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications-The part of the Contract that describes the requirements for materials,
equipment,systems,standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor-An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion -The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions -The part of the Contract that amends or supplements the
General Conditions.
56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data-Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities;or
c. Hazardous Environmental Conditions at the Site.
58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2
steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals,or traffic or other control systems.
59. Unit Price Work-Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive-A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined,but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to "at no additional cost to Owner,"
"at Contractor's expense,"or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms"day"or"calendar day"mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms "as allowed, "as approved," "as ordered," "as directed,"or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words "furnish," "install," "perform," and "provide" have the following
meanings when used in connection with services, materials,or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
Excerpt from Form 00 72 00 General Conditions-] Rev 18-2
3. Perform or provide means to furnish and install specified services, materials, or
equipment,complete and ready for their intended use.
4. Perform or provide the specified services, materials,or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words "furnish," "install," "perform," or
"provide.
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind,class,and type even though the word
"all"is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words "furnish, "install," "perform, "provide," or
similar words include the meaning of the phrase "The Contractor shall..." before these
words.
3. Unless specifically stated that action is to be taken by the OPT or others,it is understood
that the action described is a requirement of the Contractor.
G. Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H. Written documents are required where reference is made to notices, reports, approvals,
consents, documents,statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT's project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I. Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2—PRELIMINARY MATTERS
ARTICLE 3—CONTRACT DOCUMENTS: INTENT,REQUIREMENTS,REUSE
3.01 Intent
B. Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards,whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2
2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable,or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer's or OAR's interpretation by submitting a Change Proposal.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT's obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications;and
6. Advise OPT of Designer's findings, conclusions,and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer's findings,
conclusions, and recommendations.
Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2
•
5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer's findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer's findings, conclusions, and
recommendations.
ARTICLE 6—BONDS AND INSURANCE
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
ARTICLE 8—OTHER WORK AT THE SITE
ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
Excerpt from Form 00 72 00 General Conditions-10 Rev 18-2
9.06 Insurance
9.07 Modifications
9.08 Inspections,Tests,and Approvals
A. OPT's responsibility with respect to certain inspections,tests,and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT's Responsibilities
A. The OPT does not supervise,direct,or have control or authority over,and is not responsible
for Contractor's means, methods,techniques, sequences, or procedures of construction,or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION
10.01 Owner's Representative
A. OAR is Owner's representative. The duties and responsibilities and the limitations of
authority of OAR as Owner's representative are described in the Contract Documents.
10.02 Visits to Site
A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer's visits and observations are
subject to the limitations on Designer's authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's
quality assurance program, and administer the Contract as Owner's representative as
described in the Contract Documents. OAR's visits and observations are subject to the
limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07.
Excerpt from Form 00 72 00 General Conditions-11 Rev 18-2
10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives' authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A. Designer's authority related to Shop Drawings and Samples are described in the Contract
Documents.
8. Designer's authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer's authority related to Modifications is described in Article 11.
D. OAR's authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor
does not agree with the Designer's decision.
10.07 Limitations on OAR's and Designer's Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor's Team.
Excerpt from Form 00 72 00 General Conditions-12 Rev 18-2
•
•
ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK
ARTICLE 12—CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal(RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT's description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies,fuels,and materials;
5) Royalties and patent fees;
6) Bonds and insurance;
7) Overhead and profit;
8) Field office costs;
9) Home office cost;and
10) Other items of cost.
d. Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
Excerpt from Form 00 72 00 General Conditions-13 Rev 18-2
•
provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
a Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor's risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13—CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice.Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence.Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim;or
2. After a final decision on a Change Proposal has been made.
Excerpt from Form 00 72 00 General Conditions-14 Rev 18-2
C. Claims by Contractor that are not received within the time period provided by section
13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete,and that to the best of Contractor's knowledge and belief,the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor,including those
alleging an error or omission by Designer but excluding those arising under Section 7.12,shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise;or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action,the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall he deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
Excerpt from Form 00 72 00 General Conditions-15 Rev 18-2
•
ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK
ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD
ARTICLE 18—SUSPENSION OF WORK AND TERMINATION
ARTICLE 19— PROJECT MANAGEMENT
ARTICLE 20—PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation,or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request for a Change Proposal(RCP)per Article 12 if the RFI indicates
that a Contract Modification is required.
Excerpt from Form 00 72 00 General Conditions-16 Rev 18-2
•
•
ARTICLE 21—QUALITY MANAGEMENT
ARTICLE 22—FINAL RESOLUTION OF DISPUTES
ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24—DOCUMENT MANAGEMENT
ARTICLE 25—SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication,installation,commissioning, and testing;and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general,to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor's Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors,textures,or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general,conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does,in general,conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
Excerpt from Form 00 72 00 General Conditions-17 Rev 18-2
25.05 Special Certifications and Reports
25.06 Warranties and Guarantees
25.07 Shop Drawing Submittal Procedures
25.08 Sample and Mockup Submittal Procedures
25.09 Requests for Deviation
25.10 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article for general conformance with the Contract Documents.
1. Designer's review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Designer's review and approval will not extend to means, methods, techniques,
sequences,or procedures of construction or to safety precautions or programs incident
thereto.
3. Designer's review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B. Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1. Designer will respond to Contractor's markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2. Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a. Approved: Shop Drawing is found to be acceptable as submitted.
b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
c. Not Approved: Shop Drawing or products described are not acceptable.
3. Shop Drawing will also be designated for one of the following actions:
a. Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b. Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
Excerpt from Form 00 72 00 General Conditions-18 Rev 18-2
•
c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g. Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4. Drawings with a significant or substantial number of markings by the Contractor may be
marked "Approved as Noted" and "Resubmit with corrections made." These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5. Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as "At Variance With" (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations,then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D. Requested deviations will be reviewed as possible Modification to the Contract Documents.
1. A Requested deviation will be rejected as"Not Approved" if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2. A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3. A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
Excerpt from Form 00 72 00 General Conditions-19 Rev 18-2
Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.8 that indicates that the
Shop Drawing process is closed.
F. Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26—RECORD DATA
26.01 Work Included
26.02 Quality Assurance
26.03 Contractor's Responsibilities
26.04 Record Data Requirements
26.05 Special Certifications and Reports
26.06 Warranties and Guarantees
76.07 Record Data Submittal Procedures
26.08 Designer's Responsibilities
A. Record Data will be received by the Designer, logged,and provided to Owner as the Project
record.
1. Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2. Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3. Contractor's responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B. Designer may take the following action in processing Record Data:
1. File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of "Filed as
Received"and no further action is required on that Record Data.
2. Reject the Record Data for one of the following reasons:
a. The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2
Drawing. The Record Data will be marked "Rejected"and"Submit Shop Drawing."
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b. The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and
Resubmit." Contractor is to resubmit the Record Data until it is acceptable and
marked "Filed as Received." When Record Data is filed, no further action is
required and the Record Data process will be closed.
c. The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked "Rejected"and"Cancel
- Not Required" No further action is required and the Record Data process will be
closed.
C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as
Received."
ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29—EXECUTION AND CLOSEOUT
29.01 Substantial Completion
---- A. Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B. OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C. Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1. Designer will notify the Contractor of items that must he completed before the Project
will be considered substantially complete.
2. Correct the noted deficiencies in the Work.
3. Notify the Designer when the items of Work in the Designer's notice have been
completed.
4. OPT will revisit the Site and repeat the process.
S. Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6. Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2
29.02 Final Inspections
A. Notify the Designer when:
1. Work has been completed in compliance with the Contract Documents;
2. Equipment and systems have been tested per Contract Documents and are fully
operational;
3. Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4. Specified spare parts and special tools have been provided;and
S. Work is complete and ready for final inspection.
B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C. Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E. Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30—MISCELLANEOUS
END OF SECTION
Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2