HomeMy WebLinkAboutC2017-286 - 9/26/2017 - Approved C
CITY OF CORPUS CHRISTI
MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
For the
E12191 IDIQ Major Ditch Improvements
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or designee and Lockwood,Andrews and Newnam, Inc. (LAN) a Texas Corporation, 500
N. Shoreline Blvd., Suite 500, Corpus Christi, Texas 78401(Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I PROJECT TASK ORDER 2
ARTICLE II COMPENSATION 2
ARTICLE III QUALITY CONTROL PLAN 4
ARTICLE IV INSURANCE REQUIREMENTS 4
ARTICLE V INDEMNIFICATION 4
ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5
ARTICLE VII TERMINATION OF AGREEMENT 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6
ARTICLE IX OWNER REMEDIES 6
ARTICLE X CONSULTANT REMEDIES 7
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7
ARTICLE XII MISCELLANEOUS PROVISIONS 9
EXHIBITS
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Lockwood Andrews and Newnam
INDEXED
ARTICLE I —PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the
terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be
designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been
properly executed by both City and Consultant. Each properly executed Task Order shall become a
separate supplemental agreement to this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of
Services shall include all associated services required for Consultant to provide such Services,pursuant to
this Agreement,and any and all Services which would normally be required by law or common due diligence
in accordance with the standard of care defined in Article XII of this Agreement. The approved Scope of
Services defines the services to be performed by Consultant under this Agreement.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services
related to assisting Engineering Services with professional engineering, architecture and construction
services related to execution of Capital Improvements Programs. All work will be subject to authorization
from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution
of work.
1.4 Consultant shall follow City Codes and Standards, as applicable, throughout the duration of the Project,
unless specifically and explicitly excluded from doing so in the approved Task Order. At review milestones,
the Consultant and City will review the progress to ensure that City Codes and Standards are followed. A
request made by either party to deviate from City standards after the contract is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor,equipment and transportation necessary to complete all services agreed
to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request,
Consultant must provide City with a list of all subconsultants that includes the services performed by the
subconsultant and the percentage of work performed by the subconsultant (in dollars). Changes in
Consultant's proposed team as specified in the Scope of Services, SOQ,or other Task Order document
must be agreed to by the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed.
1.8 For design services,Consultant agrees to render the professional services necessaryforthe advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and
accepts its responsibilities, as defined and described in the City's General Conditions for Construction
Contracts, an excerpt of which is attached as Exhibit G.
ARTICLE II —COMPENSATION
2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this
Agreement shall not exceed $300,000.
2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials(T&M)basis with a
negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total
compensation for all services outlined in each Task Order,and for all expenses incurred in performing these
services.
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2.3 Consultant shall submit a proposal to the City. which shall be incorporated into this agreement as Exhibit B,
subject to approval by the City.
2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule
shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this
information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt.
Code protects third party commercial and financial information if release of the information would cause the
third party substantial competitive harm.
2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis
fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the
Project, the number of hours that each individual worked on the Project and reimbursables for that
individual.
2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals actirg
in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each
payment request that clearly indicates how that individual's time is allocated and the justification for that
allocation.
2.6 The anticipated fee structure under this agreement is as follows:
DESCRIPTION NOT TO EXCEED AMOUNT
Maximum Contract Amount $300,000.00
Task 1 —TBD TBD
Task 2 —TBD TBD
Task 3 —TBD TBD
Task 4 —TBD TBD
Task 5 —TBD TBD _
Task 6—TBD TBD
2.7 All services shall be performed and the applicable standard of professional care set forth herein and to
City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City shall not
be liable for any payment under this Agreement for services which are unsatisfactory and which previously
have not been approved by the Director.
2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task
Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be
required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the
procedures provided herein for the resolution of such dispute. In the event Consultant,does not initiate and
follow the claims procedures provided in this Agreement in a timely manner and as required by the terms
thereof, any such claim shall be waived.
2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be
directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this
provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above
for services provided up to the date of suspension.
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A
ARTICLE III —QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy
applicable industry qualitystandards and meet the requirements of the project scope. Based on the findings
of the QCP Review,the Consultant must reconcile the project scope and Opinion of Probable Cost(OPC)
as needed.
3.3 Documents that do not meet City Codes and Standards in effect at the time of the execution of the Task
Order may be rejected. If final construction documents are found not to be in compliance with this
Agreement or the Task Order, Consultant will not be compensated for having to resubmit documents.
ARTICLE IV— INSURANCE REQUIREMENTS
4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained,
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
4.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE V- INDEMNIFICATION
--------------Consultant-shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, or employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
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ARTICLE VI —TERM; RENEWALS;TIMES FOR RENDERING SERVICE
6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the
Agreement until project is complete.
6.3 .: • :: .- .. .. . . ...... ...
6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
am so stated, Consultant will perform services and provide deliverables within a reasonable time.
ARTICLE VII -TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
7.3 Termination Procedure
7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications,designs, plans and exhibits.
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7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE VIII —RIGHT OF REVIEW AND AUDIT
8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement,during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City
designee,which may include its internal auditors or an outside representative engaged by City. Consultant
agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless
there is an ongoing dispute under this Agreement, then such retention period shall extend until final
resolution of the dispute.
8.2 "Consultant's records" include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. Examples include billings, books,general ledger,
cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions,
agreements,purchase orders, leases,contracts,commitments,arrangements,notes,dailydiaries,reports,
drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,federal and
state tax filings for issue in questions and any and all other agreements,sources of information and matters
that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit,examine or inspect Consultant's records only during City's
regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records,
Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its
designee(s),to perform such audit,inspection or examination. Consultant also agrees to provide adequate
and appropriate work space necessary to City or its designees to conduct such audits, inspections or
examinations.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX—OWNER REMEDIES
9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments,such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
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9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been defects, errors and omissions in the
documents.
9.2 When the City incurs non-value added work costs for change orders due to design errors or omissions,the
City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
9.3 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.
9.4 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE X—CONSULTANT REMEDIES
10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes
beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal
to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XI—CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall
he signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to
discuss the request,after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to (i)submit additional supporting data requested by the City, (ii) modify the initial
request for remedy or(iii)request Alternative Dispute Resolution.
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11.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Consultant shall proceed
diligently with performance of the Agreement and City shall continue to make payments in accordance with
this Agreement.
11.2 Alternative Dispute Resolution
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation or any other alternative dispute resolution(ADR)process set forth herein,
the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement
through discussions directly between those senior management representatives within their respective
organizations who have overall managerial responsibility for similar projects.
This step shall be a condition precedent to the use of any other ADR process. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process
contained herein.
11.2.3 Mediation
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to Ming any
lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing,and shall request that the mediation commence
no less than thirty (30) or more than ninety(90) calendar days following the date of the request,
except upon agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty(30)calendar days of the request for mediation,all
conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising
under this Agreement shall be Nueces County,Texas. Any agreement reached in mediation shall
be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of
this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to
suit.
11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both
Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this
Agreement.
11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY
RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
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ARTICLE XII —MISCELLANEOUS PROVISIONS
12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this
Agreement to any other person without the prior written consent of the City, except for routine duties
delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the
termination of the partnership,this contract will inure to the individual benefit of such partner or partners as
the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with,pursuant to
or as a result of this Agreement, including contract documents (plans and specifications), drawings and
submittal data. Consultant may make a copy for its files. Any reuse,without specific written verification or
adaptation by Consultant,shall be a City's sole risk and without liability or legal exposure to Consultant. The
City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a
professional engineer prior to re-use of modified plans.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing in the same or
similar locality and under the same or similar circumstances and professional license; and performed as
expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or
architect.
12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
12.5 Entire Agreement. This Agreement,including Task Orders, represents the entire and integrated Agreement
between City and Consultant and supersedes all prior negotiations,representations or agreements,either
oral or written. This Agreement may be amended only by written instrument signed by both the City and
Consultant.
12.6 Disclosure of Interest. (Exhibit E)Consultant agrees to comply with City of Corpus Christi Ordinance No.
17112 and complete the Disclosure of Interests form as part of this contract.
12.7 Certificate of Interested Parties. (Exhibit F). Consultant agrees to comply with Texas Government Code
section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form
1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that
exceed $50,000. These interested parties include:
(1) persons with a'controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of units,
percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business entity of which
the board or other governing body is composed of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers,or service as one of
the four officers most highly compensated by a business entity that has more than four officers;or
(2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with
a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the
business entity.
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Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnewielf_info_forml 295.htm. The form must then be printed,
signed, notarized and filed with the City. For more information,please review the Texas Ethics Commission
Rules at https://www.ethics.state.tx.us/legal/ch46.html.
12.8 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary's Office,if required. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County,Texas.
12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable,such invalidity or unenforceability shall not affect,impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article,
sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or
unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,
shall not affect or prejudice in any way the validity of this Agreement in any other instance.
12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by
Consultant and included herein, is in conflict with the terms of Articles I —XII of this Agreement(Articles)
and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to
resolve said conflict.
CITY , • ' 'US IST LOCKWOOD, ANDREWS & NEWNAM, INC.
// 1% /7y, q/1//
Jeff. . Edmonds, '. E. D. at- en A. Gilbreath, P.E. Date
Director of EngineeringServices �ssociate
500 N. Shoreline Blvd., Suite 500
Corpus Christi, TX 78401
APPROVED AS TOLEGAL FORM (361) 882-2257 Office
/�(/� Aimee Alcorn-Reed
vu ✓"`" 2017.09.1410:29:48-05'00'
Assistant City Attorney Date
for City Attorney
Project No. E12191
Accounting Unit: 3495-043
TEST Account: 550950
Cy`6a- Activity: E 1 21219101
ry: 495EXP
50950
JC�L�_ C � Account Category: 50950
Fund Name: Storm Water 2012B Rev Bonds
Rebecca Huerta Date
Encumbrance No.
City Secretary
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EXHIBIT A
SAMPLE TASK ORDER
This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus
Christi, Texas (City) and "Lockwood, Andrews & Newnam, Inc." (Consultant) dated , 2017
(Agreement). Consultant shall perform services on the project described below as provided in this Task Order and
in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon
execution, this Task Order shall supplement the Agreement as it pertains to the project described below.
TASK ORDER NO.:
PROJECT NAME:
1. PROJECT DESCRIPTION
2. SCOPE OF SERVICES
3. COMPENSATION
This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement
remain in full force and effect.
CITY OF CORPUS CHRISTI LOCKWOOD,ANDREWS&NEWNAM,INC
Jeff H. Edmonds, P. E. Date Steven A. Gilbreath, P.E. Date
Director of Engineering Services Associate
500 N. Shoreline Blvd., Suite 500
Corpus Christi, TX 78410
(361)882-2257 Office
RECOMMENDED
Operating Department Date
Master Services Agreement
EXHIBIT B
CONSULTANT PROPOSAL
Master Services Agreement
LnLockwood,Andrews
&Newnem,Inc.
A LEO A DALY COMPANY
August 18,2017
Jeff Edmonds,P.E.
Director of Engineering Services
City of Corpus Christi
PO BOX 9277
Corpus Christi,Texas 78469-9277
Re: Proposal for IDIQ Major Ditch Improvements(E12191)Master Services Agreement
Dear Mr.Edmonds,
The purpose of this proposal is to continue with the overall goal to develop a plan to address observed
flooding in the La Voila Creek/Airport Ditch Tributaries and to identify and prioritize ditch improvements
throughout the sub-basin which serves the La Colonies, Los Encinos, Molina,West Oso, Old Brownsville
Road, Corpus Christi International Airport,CC State School,and Gabe Lozano Sub-Basins, approximately
29 square miles.
To mitigate the flooding risks In La Valla Creek tributaries and file revision request to FEMA's preliminary
FIRMs,this project provides for the following tasks:
• Make use of FEMA model, with revised parameters, for the La Voila Creek tributaries, and If
warranted,file a FIRMs revision request to FEMA through the CLOMR/LOMR process;
• Prioritize the major ditch (channel) improvement projects within the La Voila Creek tributaries
based on the hydraulic modeling results;
• Prepare design documents to select construction contractor for major ditch improvements in an
approach of Indefinite Delivery/Indefinite Quantity(ID/IQ);
• Prepare multiple delivery orders(DOs)—"work orders"to contractor
LAN assumes that it is the City's intent to Bid this project using a 3-year Indefinite Delivery/Indefinite
Quantity(IDIQ)contract and LAN will issue Delivery Orders (DO's)to the selected contractor during the
Construction Phase for maintenance-related improvements to the Major Ditches in the project area
(Reference Attachment A,Exhibit 1).
Attachment A details the scope of services required for this proposal.We propose to work this project In
a Master Service Agreement(MSA)for a total contract amount not-to-exceed$300.000.00.
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EXHIBIT"B"
Page 1 of 16
Jeff Edmonds
Major Ditch IDIQ Proposal
August 18, 2017
Page 2
Please feel free to contact me at 361-792-7225 or by email at srnharris@Ian-Inc.com if you have
any additional questions.
Sincerely,
'y.
Scott Harris,PE
Regional Manager
Attachments: A—Scope of Services
Cc: Sarah West,P.E.,Project Manager
EXHIBIT"B"
Page 2 of 16
Attachment A
Scope of Services
IDIQ Major Ditch Improvements (E12191)
Tasks 1-5 -Oso Creek (OCB) Basin
LaVolla I Airport Ditch Analysis, Recommendations, and Design
Situation:
For several years, major flooding has occurred along LaVolla Creek near Saratoga Boulevard,including at
the Greenwood Wastewater Treatment Plant and within the Las Colonlas Subdivision. Multiple studies
have been conducted over the past 10 years that have made recommendations to either expand,clear
and grub, re-shape, or even line the channel both upstream and downstream of Saratoga; no
recommendations have been fully implemented to this date however there are current plans in design to
improve the channel south of Saratoga Boulevard.
LaVolla Creek is a natural drainage-way in Corpus Christi that drains 34.45 square miles of western Corpus
Christi,into Oso Creek. The drainage way is only partially developed as many sections are still meandering
and heavily vegetated. Several tributaries of La Voila Creek include:Margaret Kelly Ditch,Saratoga Downs
Ditch,and the Airport Ditch(Reference Exhibit 1). These tributaries are affected by the backwater from
the LaVolla Creek in flood stage. The Airport Ditch is a concrete-lined major open-channel drainage ditch
along the west side of the City that drains approximately 4200 acres or approximately 5000 cfs(peak 100
yr.storm). It extends from its' outfall into LaVolla Creek near Gavilan Street (south) to Horne Road and
Airport Road(north). At the Horne Road intersection two additional tributaries contribute to the system:
the Horne Road Ditch(west)and the Armory Ditch(east).
The La Voila/Airport Ditch system drains several Sub-Basins within the Oso Creek Basin(OCR). These
include: La Colonlas (OCR-200), Los Encinos (OCB-210), Molina (OCB-220), West Ow (OCB-230), Old
Brownsville Road (OCB-240),Corpus Christi International Airport(OCB-241),CC State School(OCB-224),
Gabe Lozano(OCB-221),and several smaller sub-basins;totaling approximately 34.45 square miles.
In October 2015, The Federal Emergency Management Agency(FEMA) released the preliminary Flood
Insurance Rate Maps(FIRMs)and Flood Insurance Study(FIS). As per the FEMA preliminary maps,several
areas along and upstream of La Voila Creek and Airport Ditch are now included in either AE Floodway or
AE/AO/AH/A99 zones which fall into 1% annual floodplain and mandatory flood insurance purchase is
required.
In April 2016,the City accomplished general assessment on the preliminary FIRMs proposed by FEMA for
the Oso Creek basin. In that assessment report, results from a revised Preliminary hydraulic model
indicated an approximate average 3.1 feet water surface elevation reduction in the 1%(100-year storm)
event for Oso Creek basin compared to FEMA's preliminary hydraulic model.Accordingly,the City filed an
EXHIBIT "B"
Page 3 of 16
appeal to FEMA for revising their preliminary FIRMs over Oso Creek Basin from Oso Bay at Ocean Drive to
the confluence of Oso Creek and La Volta Creek.
To mitigate the flooding risks in La Voila Creek tributaries and file revision request to FEMA's preliminary
FIRMs,this project provides for the following tasks:
• Task 1-Make use of FEMA model,with revised parameters,for the La Volta Creek tributaries,and if
warranted,file a FIRMs revision request to FEMA through the CLOMR/LOMR process;
• Task 2-Prioritize the major ditch(channel)improvement projects within the La Voila Creek
tributaries based on the hydraulic modeling results;
• Task 3/4-Prepare design documents to select construction contractor for major ditch
improvements in an approach of Indefinite Delivery/Indefinite Quantity(ID/IQ);
• Task 5-Prepare multiple delivery orders(DOs)—"work orders"to contractor
This contract is a Master Service Agreement (MSA) to provide the required professional engineering
services for the IDIU Major Ditch Improvements project. The MSA contract specifies bask scope,terms,
and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scope
of work and associated fees. The total Task Orders will not exceed the MSA contract value. Future Task
Orders will be administratively issued by the Director of Engineering Services or designee.
Exhibits
1—Project Area
EXHIBIT"B"
Page 4 of 16
Phase 2- Detailed Scope of Services
The following scope outlines the procedures that Lockwood, Andrews & Newnam (LAN) will follow to
provide the required professional services.
Project Area:Reference Exhibit 1
I. BASIC SERVICES
A. Task 1—Make use of FEMA model,with revised parameters,for the La Voila Creek Basin
(approximately 34.45 square miles)
1. Consult with City of Corpus Christi to understand requirements for each Task and review
available data.
2. Participate In one(1)Task Kick-off and (2)Progress Meetings with the City staff,prepare the
meeting agenda and distribute minutes to attendees within five working days of the meeting.
3. Provide Quality Assurance/Quality Control (QA/QC) measures to verify that all submittals of
the project reflect the percent completion designated and do not necessitate an excessive
amount of revision and correction by City.
4. Prepare and submit Monthly Invoices and Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly progress and
review meetings.
5. Advise CITY as to the necessity of providing or obtaining from others data or services,
Additional Services(i.e.geotechnical or topographic survey),which are not part of lAN's Basic
Services,and assist CITY in obtaining such data and services.
6. Identify and analyze requirements of governmental authorities(I.e.TCEQ,FEMA,etc.)having
jurisdiction over the CITY to approve the portions of the Project designed or specified by LAN
with whom consultation is to be undertaken In connection with the Project.
7. Data Collection and Field Visits
a. Collect and review historical Engineering reports,surveys,and hydrologic& hydraulic
models for the project area and its vicinity.LAN shall carefully evaluate each previous
study's assumptions,background,data sources,and its applicability to the current task
order.
b. Make one(1)three-day field visit to the project area to field verify existing conditions.
Photographs and field verification of existing conditions of the main creek channels,
overbank areas,and structures will be completed during the field visit. Field visit will
also be performed to verify the available data collected in the project areas.
8. Existing Condition Hydrologic Modeling—as part of this task,LAN will complete a hydrologic
analysis of the project area by using HEC-HMS. Hydrographs corresponding to 10%, 2%, 1%,
and 0.2% AEP storm events will be developed from HEC-HMS as boundary conditions for
unsteady HEC-RAS model.Tasks involved In this analysis include:
a. Delineating Drainage Areas-Drainage areas will be delineated as necessary within the
study areas based on the LiDAR data,as-built,survey,and existing plan sets.
b. Hydrologic parameters - Hydrologic parameters for drainage areas(Curve Numbers,
Clark Unit Hydrograph) are to be determined per the City Drainage Criteria Manual.
EXHIBIT "8"
Page 5 of 16
This effort could involve using City standards, land-use data, soils data, and aerial
imagery.
c. Rainfall Storm Event—10%, 2%, 1%,and 0.2% AEP will be computed by using rainfall
depth values listed in the City's Drainage Criteria Manual or USGS WRIR 98-4044.
d. Muskingum,Muskingum-Cunge,or Modified Plus methods will be applied to HEC-HMS
reach routing modules as recommended In the City Drainage Criteria Manual.
9. Existing Condition Hydraulic Modeling — as part of this task, LAN will complete hydraulic
analyses of the open channel system in the project area. Tasks involved in this analysis include:
a. 1D steady-state HEC-RAS models(10%, 2%, 1%, and 0.2%AEP storm events)will be
developed for the project basin. LAN will obtain the current effective FEMA hydraulic
models,as well as the hydraulic models developed by the City's other consultants,and
convert these models to one unsteady-state HEC-RAS hydraulic model.LAN will utilize
the effective FEMA HEC-RAS cross sections, where possible. As shown in Exhibit 1,
currently,La Volla Creek,Margaret Kelly Channel,Donigan Channel and Airport Ditch
#1 were studied in details by FEMA.
b. LAN will develop 1D steady-state HEC-RAS models for major ditches without an
existing hydraulic model and Incorporate these new models to the combined 10
steady-state HEC-RAS model. As shown in Exhibit 1,the major ditches which require
new HEC-RAS models Include Airport Ditch #2, Home Road Ditch, Armory Ditch,
Enterprise Channel,Saratoga Downs Channel,and Bates Channel. LIDAR furnished by
the City will be utilized to acquire the hydraulic model geometry information.
c. Hydraulic structures such as bridges and culverts will be built into the models
appropriately by as-built record drawings from the City. When as-built drawings are
not available,the engineer will notify the City for guidance.Any field survey efforts if
deemed necessary by the City to acquire as-built or existing data will be authorized
separately through a contract amendment.
d. Mannings'n values will be examined byTable 4-3 of the City Drainage Criteria Manual.
Necessary adjustments will be made to Manning's n values to better represent existing
field conditions and the recommendations of Table 4-3.
e. Boundary Conditions and Inflows—Peak flows from the existing condition HEC-HMS
model will be imported as boundary conditions into the combined 1D steady-state
HEC-RAS model.Normal depth will he applied as the downstream boundary condition.
f. The 10 steady-state HEC-RAS model will be validated by comparing to FEMA effective
model results, historical storm event high water marks, and channel gage data if
available.
B. Task 2-Preliminary Phase Services-Prioritize the major ditch(channel)improvement projects
within the La Voila Creek tributaries based on the hydraulic modeling results:
1. Evaluate various alternate solutions available to the City and after consultation with City,
recommend those solutions which in the LAN's judgment best meet City of Corpus Christi's
requirements for the Project.
a. Develop Improvement Alternatives Hydraulic HEC-RAS Models — LAN will perform
hydraulic analyses on UR to three (3) improvement alternatives comprised of major
EXHIBIT"B"
Page 6 of 16
•
components of the open channel and hydraulic structures and ensure that those
alternatives meet established criteria set forth in the City Drainage Criteria Manual.
The Improvement alternatives Includes but not limited to: detention basins, channel
widening, channel Improvements, bridge enlargement and replacement, culvert
enlargement and replacement. It worth noting that the Improvement Alternatives
hydraulic models will be for planning,implementation and general impact analysis and
are not intended to meet FEMA standards for flood risk mapping.These models will
have varying level of detail for planning and implementation purposes. Any flood risk
modifications will need to be made to the FEMA effective models should they ever
need to be used for FEMA Flood risk purposes,which is not part of this Scope of Service.
i. Identified the preferred locations for various improvement alternatives.
ii. Model development for the proposed alternatives will build upon the existing
condition HEC-RAS model.
iii. The proposed improvements modeling effort Is an Iterative process that
involves evaluation of benefit and impact for different alternatives and
subsequent modification and optimization.
iv. The proposed improvements will be evaluated for cost effectiveness in
reducing flood risk.
v. Alternative improvements for the purposes of value engineering and reducing
overall construction cost will be evaluated.
vi. Detention basins will be modeled as reservoirs by revising existing condition
HEC-HMS model, since normally detention basins will have great impact to
peak flows. Other improvement alternatives will only be modeled in steady-
state HEC-RAS model by assuming they are not going to change the watershed
hydrologic condition substantially.
b. Cost Estimates-Planning level cost estimates will be prepared for each of the three
(3) alternatives.The Engineer will develop an Opinion of Probable Construction Cost
(OPCC)for the recommended alternatives.The cost estimates should include all major
project items such as major ditch improvements, channel lining, earthwork,
embankment, retention/detention basins, major utility relocations, and bridge or
culvert replacement,with an overall 25%contingency.
2. Develop preliminary requirements for utility relocations and replacements or upgrades
necessary for any proposed improvements.
3. Prepare engineering letter reports (ELR's) which will contain the statement of City's
requirements for the Project and, as appropriate, will contain major ditch, channel, and/or
hydraulic structure improvement schematic layouts, sketches and conceptual design criteria
for drainage improvements with appropriate exhibits to indicate the considerations involved
and those alternate solutions available to City,which LAN recommends.
4. Develop Sub-Basin Capital Improvement Plan/Project List—As an appendix to the ELR, LAN
will develop a detailed list of proiects recommended for implementation in the sub-basin to
improve the conditions of the existing major open ditch systems,improve flooding within the
sub-basin, and improve water quality within the sub-basin and at its outfall into Oso Creek.
The project list will be comprehensive,include lifecycle costs,but will NOT be intended for full
implementation during the three-year IDIO contract.
EXHIBIT"B"
Page 7 of 16
C. Task 3-Design Phase Services
1. Prepare a "Project Manual" In City standard format for typical maintenance-related storm
water open ditch improvements that the selected contractor can execute using delivery orders
issued during the construction phase of this project. The scope and contents of the project
manual will include:
PLAN SHEETS:
1 Cover Sheet and Pan Met
2 Legend.Detai Synbob.Testing Schedule
3 General Notes
4 Storni/ater Fbluiion Prevention Standard Detaib
5 Bank Stabildalbn/Embankment/Gradin Detaib
6 Earthwork I Excavation/Storage Maas
7 and 8 Erosbn Control k§asures-Standard Detals(2 Sheets)
9 da-eslabbhnent of Rparbn Areas I Overbank-Standard Detab
10 Flow/Vebciy Control Structures/Energy Dasapators-Standard Details
11 Traffic Control(Sheet 1 of 5)
12 Traffic Control(Sheet 2 of 5)
13 Traffic Control(Sheet 3 of 5)
14 Traffk Control(Sheet 4 of 5)
15 Traffic Control(Sheet 5 of 5)
16-27 TxDWT Barricade B Construction Details(12 Sheets)
2844 Cif of Corpus Oirbti Standard Delat(17 Sheets)
PROJECT MANN!
PV 00 Procurement and Contracting Requirements
O N01 General Requirements
Pon S Standard Specifications
Part T Technical Specifications
2. The following typical submittals apply to all deliverables:
a. 60%Design Phase Submittal
i. Complete internal quality control check of plans and calculations per the
Quality Control Plan developed In Task 1.
H. Furnish one (1) set of the interim plans and typical details (60% submittal -
electronic and hard copies using City Standards as applicable)to the City staff
for review and approval purposes with an opinion of probable construction
costs. Identify distribution list for plans and bid documents to all affected
franchise utilities.
EXHIBIT"B"
Page 8 of 16
iii. Required with the interim plans is a "Plan Executive Summary, project
checklist&drawing checklist" which will identify and summarize the project
by distinguishing key elements and opinion of probable project costs.
iv. Attend 60%submittal meeting with City Staff to assist staff in review of 60%
submittal.
b. 90%Design Phase Submittal
i. Assimilate all 60% review comments upon approval by the Director of
Engineering Services.
ii. Complete internal quality control check of plans, specifications, and
calculations per the Quality Control Plan developed in Task 1.
iii. Provide one(1)set of the pre-final plans,project manual,and bid documents
(90%submittal-electronic and hard copy using City Standards as applicable)
to the City staff for review and approval purposes with a revised opinion of
probable construction costs. Plan executive summary, project checklist and
plan checklist.
iv. Participate in project 90%submittal review meeting.Prepare meeting agenda
and distribute meeting minutes to attendees within five working days of the
meeting. Assimilate all review comments,and Incorporate any requirements
into the plans and specifications, and advise City of responding and non-
responding participants as appropriate and,upon Notice to Proceed.
c. Final Submittals
i. Assimilate all 90% review comments upon approval by the Director of
Engineering Services.
R. Complete internal quality control check of plans, specifications, and
calculations per the Quality Control Plan developed in Task 1.
iii. Provide one (1)set of the final (100%) plans, project manual, (unsealed and
unstamped - electronic and half full-size hard copy using City Standards as
applicable)for City's final review.
d. Issued for Bid Documents
i. Assimilate all final review comments upon approval by the Director of
Engineering Services
ii. Provide one(1)set of the final signed and sealed ISSUED FOR BID plans and
contract documents (electronic and half full-size hard copy using City
Standards as applicable) suitable for reproduction. Said bid documents
henceforth became the shared intellectual property of the City of Corpus
Christi and the Consultant.
D. Task 4-Bid/Pre-Construction Phase Services
1. Participate in the pre-bid conference and provide a meeting agenda for critical construction
activities and elements impacted the project.
2. Assist the City in solicitation of bids by identification of prospective bidders,and review of bids
by solicited interests.
EXHIBIT "B"
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•
3. Review all pre-bid questions and submissions concerning the bid documents and prepare,in
the City's format,for approval,any addenda or other revisions necessary to inform contractors
of approved changes prior to bidding.
4. Attend bid opening,analyze bids,evaluate,prepare bid tabulation,and make recommendation
concerning award of the contract.
5. Participate in pre-construction meeting conference and provide a recommended agenda for
critical construction activities and elements impacted the project.
6. Review, Contractor submittals and operating and maintenance manuals for conformance to
contract documents.
E. Task 5-Construction Phase Services
LAN assumes that it is the City's intent to Bid this project using a 3-year Indefinite Delivery/
Indefinite Quantity(IDIQ)contract. LAN will issue Delivery Orders(DO's)to the selected
contractor during the Construction Phase for maintenance-related improvements to the Major
Ditches in this project area(Reference Exhibit 1).
1. Issue Delivery Orders as follows:
a. Delivery Order#1—Year 1—assume start of construction In early 2018 with a 6-month
construction duration.
b. Delivery Order 42—Year 2—assume start of construction in late 2018 with a 6-month
construction duration.
c. Delivery Order tl3 — Year 3 — assume start of construction in early with a 6-month
construction duration.
2. Each delivery order will include the following construction engineering/administration tasks:
a. Site Plan/Layout
b. Site Specific General Notes/Specifications
c. Traffic Control Plan(TCP)
d. Construction Sequencing Plan
e. Review and interpret field and laboratory tests.
f. 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.LAN
assumes one(1)4-hour site visit per week for a six(6)month project duration.
g. 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.
It Prepare change orders as authorized by the City; provide interpretations and
clarifications of the plans and specifications for the contractor and authorize minor
changes which do not affect the contractor's price and are not contrary to the general
interest of the City under the contract.
i. Attend final inspection with City staff; provide punch list items to the City's
Construction Engineers for contractor completion of the project.
EXHIBIT"B"
Page 10 of 16
j. Review Contractor-provided construction"red-line"drawings. Prepare Project record
drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later)
within two(2) months of final acceptance of the project. All drawings shall be CADD
drawn using dwg format in AutoCAD,and graphics data will be In dxf format with each
layer being provided in a separate file. Attribute data will be provided in ASCII format
in tabular form. All electronic data will be compatible with the City GIS system.
F. Documents/Services to be provided by the City
The City shall provide LAN available studies,surveys,and reports concurrently when issuing the
Notice to Proceed for a work authorization from this master service agreement.The documents
to be provided to LAN include but not limited to:
1. Project budget specifying the funds available for the construction of stormwater
improvements related to this contract
2. Existing Reports/plans for stormwater improvements
3. Existing LiDAR, conventional topographic survey data in the project area, City control
benchmarks and coordinates
4. Existing GIS data Including roadways,waterway and water body alignments and boundaries
5. As-built record drawings for utilities,channels,bridges,and culverts in the project areas.
6. Land use data,soil group data
7. Existing HEC-HMS, HEC-RAS, and other hydrologic and hydraulic models developed by FEMA
and the City's consultants.
EXHIBIT"B"
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II.ADDITIONAL SERVICES
This section defines the scope of additional services that may be needed for construction of these projects.
The fees associated with these services are NOT included In this proposal. LAN will not begin work on
any service under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and will be
negotiated by the Director of Engineering Services as required. The A/E shall,with written authorization
by the Director of Engineering Services,perform the following:
A. Permitting - Furnish the City all engineering data and documentation necessary for all required
permits. LAN will prepare this documentation for all required signatures. LAN will prepare and
submit Identified permits as applicable to the appropriate local,state,and federal authorities.
B. LOMR/CLOMR — LAN will prepare LOMR/CLOMR package for proposed design alternatives, if
deemed necessary.
C. Right-of-Way (ROW) Acquisition Survey and Parcel Descriptions - 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. LAN will coordinate with a sub-consultant to
complete the following;
1. Perform surveys to determine apparent right-of-way widths.
2. 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.A/E 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.
3. Provide a preliminary base map containing apparent ROW. This preliminary base map must
show lot or property lines,land ownership and addresses as per appraisal district records.
4. Prepare Metes and Bounds instrument with supporting exhibits as required and agreed upon
for ROW parcels,utility easements,and temporary construction easements.
5. Determine 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.
6. Prepare individual signed and sealed parcel maps and legal descriptions 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.
D. Topographic Survey—Based on the value of the data gathered during the Preliminary Phase of this
project (Task 1); there may be a need for additional site specific topographic survey to be
accomplished prior to construction of any Delivery Order. In general,all work must be tied to and
EXHIBIT "B"
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•
conform with the City's Global Positioning System(GPS)control network and comply with Category
6,Condition I specifications of the Texas Society of Professional Surveyors'IS 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. LAN will coordinate with a sub-consultant to
complete the following:
1. Survey Control
a. Establish Horizontal and Vertical Control; establish both primary and secondary
horizontal/vertical control.
b. Set project control points for Horizontal and Vertical Control outside the limits of
project construction disturbance.
c. 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.
d. Vertical control will be based on NAVD 88.
e. All control work will be established using conventional(non-GPS)methods. Perform
topographic surveys to gather existing condition Information.
2. Utilities - Within the limits of the major ditch improvements projects, obtain x, y, and z
coordinates of all accessible existing utilities included but not limited to:
a. City owned sanitary sewer, storm sewer,water and gas lines
b. Third-party utilities,i.e. electrical,telecommunications, oil&gas pipelines and wells,
all visible utilities signs within the project limits.
3. Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering
Consultant.
4. Locate improvements within the apparent project limits.
S. Locate and Identify trees,at least five inches In diameter within the project limits.
6. Baseman-Generate electronic planimetric base map for use in project design.
E. Environmental Assessments/Archeological Studies
1. LAN shall identify and develop a scope of work far any testing, handling and disposal of
hazardous materials and/or contaminated soils that may be discovered during construction.
2. Phase I Assessment—if necessary LAN will coordinate with a Subconsultant for the following
services:
a. Performance of an on-site visit to view present conditions(chemical spill residue,die-
back of vegetation, etc.); hazardous substances or petroleum products usage
(presence of above ground or underground storage tanks,storage of acids,etc.);and
evaluate any likely environmentally hazardous site history.
b. Evaluation of risks of neighboring properties upon the subject property
c. Review of Federal, State, Local and Tribal Records out to distances specified by the
ASTM 1528 and AAI Standards(ranging from 1/8 to 1 mile depending on the database)
d. Interview of persons knowledgeable regarding the property history (past owners,
present owner,key site manager,present tenants,neighbors).
3. Archeological Studies-If necessary LAN will Subconsultant the following services:
a. Archeological site surveys and testing
b. Assessment of significance and effects on project
EXHIBIT"B"
Page 13 of 16
c. Technical memorandum,reports
F. Public Involvement.Participate in public meetings. For each public meeting,LAN will:
1. Provide follow-up and response to citizen comments
2. Revise contract drawings to address citizen comments,as directed by the City
3. Prepare notices,handouts and exhibits for public information meetings
G. Subsurface Utility Investigation—If necessary for the design of storm water related improvements
in this contract,LAN will coordinate with a Subconsultant for the following services:
1. Inform local franchises whose utilities fall within the footprint of construction-related
excavation of the potential for encountering their utility lines during construction.
2. Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-02,
Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"
including,but not limited to, hydro-excavation. The proposed subsurface utility investigation
will be as follows:
a. 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.
b. Utility Location—The survey scope Includes locating certain utilities to Quality Level B
(Quality Level B involves surveying visible above ground utility facilities, such as
manholes,valve boxes,posts,etc.,and correlating this information with existing utility
records.) These utilities will be located by obtaining a One-Call Notice and measuring
the marked locations.
c. 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.
d. Wastewater—Wastewater facilities within the project limits will be located to Quality
Level C. Locations will be based on the surveyed locations of accessible wastewater
manholes. Wastewater lines that are not to be replaced as part of this project and
that fall within the footprint of construction-related excavation shall be located at
Quality Level A.
e. Water—Water facilities within the project limits will be located to Quality Level C.
f. Gas—Gas facilities within the project limits will be located to Quality Level C by the
A/E. The City of Corpus Christi Gas Department will provide Quality Level A.The A/E
will coordinate this activity.
H. Geotechnical Engineering Services - LAN will coordinate with a sub-consultant to complete a
subsurface investigation of the project area.
EXHIBIT"B"
Page 14 of 16
•
1. LAN will communicate to the City and Subconsultant the total number of borings required and
termination depths of those borings in each work authorization from this Master Service
Agreements.
2. Consultants will sample, identify and measure the pavement constituents at each boring
location. The scope of work is provided below:
a. Coordination with Texas One Call to identify underground utilities in the proximity of
the boring locations. The borings will be relocated if necessary.
b. Traffic control and traffic control devices as required by the City of Corpus Christi
during field investigation.
c. Soil samples will be obtained at predetermined depths, unless subsurface conditions
warrant additional sampling.
d. Groundwater readings will be obtained during drilling and immediately upon
completion of the drilling operations.
e. After obtaining the delayed groundwater readings, the open boreholes will be
backfilled with excess soils obtained during the drilling operations;the base material
will be replaced in the boreholes and patched with cold mix.
f. Scope of Laboratory Testing Program
I. Supplementary Visual Classification(ASTM D 2487)
ii. Water Content Tests(ASTM D 2216)
iii. Atterberg Limits Tests(ASTM D 4318)
Iv. Unconfined Compressive Strength Tests(ASTM D 2166)
v. Percent Material Finer Than The#200 Sieve Tests(ASTM D 1140)
vi. All phases of the laboratory testing program will be performed in general
accordance with applicable ASTM Specifications. All field and laboratory test
results will be included on the boring logs or provided in the report.
g. Geotechnical Engineering Report. In addition to the field and laboratory testing, a
geotechnical engineering report will be prepared that includes a description of the
field exploration and laboratory tests, boring logs, a discussion of the engineering
properties of the subsurface materials encountered, trench excavation design
parameters, OSHA soil type classification, utility trench recommendations and
pavement recommendations for the proposed project.
EXHIBIT"B"
Page 15 of 16
•
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EXHIBIT "B"
Page 16 of 16
EXHIBIT C
PAYMENT REQUEST FORM
Master Services Agreement
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EXHIBIT "C"
Page 1 of 1
EXHIBIT D
INSURANCE REQUIREMENTS
Master Services Agreement
EXHIBIT D
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 (CO1)with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. A waiver of subrogation is required on all applicable policies.
Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
and identify any limitations regarding
who is insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 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
EXHIBIT"D"
Pa 1 of 2
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
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 Consultants 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 subcontractors performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of Corpus
Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT"D"
Page 2 of 2
A d CERTIFICATE OF LIABILITY INSURANCEDATE
,,,,2DIs 13/2017 n
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED,the pollcy(ln)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WANED,subject to the tens and conditions of the policy,certain policies may require an endorsement. A statement en
this eadueale does not confer rights to per certificate holder in lieu of such endorsement(s),
COM
PRODUCER LacNon Companies x ieKT
444 W.47th Street,Suite 900PHONE i AX
Nos.
Kansas City MO 64112-1906 fa-
per
( 8161960.9000 NMC6
IMeDaNPI AFFORDING CD V E40e
MAMA:Llovdk of London _ 38253
INURED
N URE9fi LOCKWOOD,ANDREWS&NEWNAM.INC. tMRER s:
ATM: MR.DON SCHUETZ POURER e:
2925 BRIARPARK DRIVE weuRER o:
HOUSTON TX 77042 MURIA f.
INSURER F. _
COVERAGES LEOADOI CERTIFICATE NUMBER: 14652625 REVISION NUMBER: XXXXXXX
THE IS TO CERTIFY THAT THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMEM,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHCH THIS
CERTRCATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLCIIELISUNS..LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAC CLAIMS.
UEXP
m TA TME Of INSURANCE INSi NY9 PNYY NEMER IMM dYVolI1YYanYWYI puns
CGWEROM GENERAL LIRE TTY NOT APPLICABLE EACH OCCURRENCE DAMAGETDMneo XXXXXXX
I("sue MME .. . OCCUR PREMISES as emnNrwl XXXXXXX
NEDEXP(Am ow MTI XXXXXXX
PERIDNAL a MV NounY XXXXXXX
GEM- AGGREGATE I.M1 APRlES PEN L GENERAL AGGREGATE XXXXXXX
POLICY HM LOC PRODUCTS•COMPXM AGO XXXXXXX
OTHER OpN
AUTOMOBILE LIMN I7Y NOT APPLICABLE ,T.p N®PGE LW f XXXXXXX
ANY AUTO sonny INNRY IM NIM) S XXXXXXX
— ONLY AAUTOS—AOESIIIFD
AUTOS BOOST INNRY IPP SII S XXXXXXX
ME _
CURD ONMD -PROPERTYDAMAGE f XXXXXXX
AUTOS ONLY AUTOS
OB PRW wWwMY I I
I sXXXXXXX
1UMNMIAUM — OCCUR NOT APPLICABLE EACH OCCURRENCE L XXXXXXX
nese.LM CLAPAG ADE AGGREGATE E XXXXXXX
OW I I RETENTONS f XXXXXXX
Nib pN��ISO, NOT APPLICABLEI STATUTE ER
ANN U EXECMK YO NIA I,E.L EACH ACCIDENT E XXXXXXX
OFFCEREAELNEA XXPlandNin IN PRO�� E.L GNAW LAEaOYEE f XXXXXXX
LEO(:Rt OffMERATICRS below E.L DISEASE•PWLY UNIT f XXXXXXX
A PROFFESIONAL N N LDUSA1704S66 1(12017 7)1)2018 51,000,000 EACH CLAIM AND
LIABILITY $2,000A00 IN THE ANNUAL
AGGREGATE
rpwTON OF OPERATIONS LMARIMM I VEHICLES MON)MMI.Atltls,S Rawls SMWN.may Y Otlne M maw Epees Is revise)
RE-E121911DIQ MAJOR DITCH IMPROVEMENTS.A THIRTY(30)DAY NOTICE OF CANCELLATION SHALL BE PROVIDED TO THE CITY.
CERTIFICATE HOLDER CANCELLATION
14662625
CITY OF CORPUS CHRISTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
MTh:RISK MANAGEMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
P.O.BOX 9277 ACCORDANCE WITH THE MOOT PROVISIONS.
CORPUS CHRISTI TX 78469-9277 AunmMOREFRcewrA
RD 444
0 TSS 015 ACORD CORPORATION. All rights reserved.
ACORD 25(201&03) The ACORD name and logo Sr.registered marks of ACORD
Acorn, CERTIFICATE OF LIABILITY INSURANCE DATE
IIIHMIXTYYM
1/4.....--- 1/1/2018 4/27/2 4/27/201717
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder le an ADDITIONAL INSURED,IM pollcy(Ies)must have ADDITIONAL INSURED provisions or be endorsed.
R SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER Locksan Companies CONTACT
444 W.47th Street Suite 900 OO Na Fm. FAX
Kansas City MO 64112-1906 aAONESO,
(816)960-9000
INSIMERMIAFFGRorm COVERAGE MAC
INSURER A:American11,���QCasually Company of Reading,PA 20427
INSURED LOCKWOOD.ANDREWS&NEWNAM.INC. INSURER II:Valt0LE0gc Insurance Compgny 20508
1392953 ATTN: MR.DON SCHUETZ INSURER C:Travelers Property Casualty Co of America I 25679
2925 BRIARPARK DRIVE INsueeR o:National Fire Insurance Co of Hanford I 20478
HOUSTON TX 77042 iNSUR<RE'TTODsponalion Insurance Company I 20494
wwRER F.
COVERAGES LEOADOI CERTIFICATE NUMBER: 14652623 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.THE TERMS.
EXCLUSIONS AND CONDH1ONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID MAIMS.
m
R MK 0 INSURANCE INSO tyyyl POLICY NUMBER I ryIEoOryv1Yl I1 ONVYY)I UMMS
D X COMMERCIAL GENMYLwflTY V N 1015631942 1912017 1:1/2018 EACH°COWRENCE 1,000,000
CLAIMS-NUDE X OCCUR mosses xrow mmrl 300,000
—
MED ESP(Anyone person) 10,000
PERSONAL S ADV PUURY 1.000,000
GEM.AGGREGATE LIMIT APPLES PER GENERAL AGGREGATE 2.000.000
POLICY[ 1 EL$ !`j LOC PRODUCTS.COMP,OP AUG 2,000,000
OTHER: S
A SIlenwgll a usan RY V N 1015651956 1'112017 1.1/2018 COMeINEDNN&E LMT s
re..m4.n 1,000,000
X OWNED o
0OLYINImIPNRaw) E XXXXXXX
XoWIEOOrav — NEOMED BOORT INJURY sm4.N1 E XXXXXXX
XHIRED % AOR-O PROPERTY DAMAGE $ XXXXXXXUOONLY NOR-OWNED ONLY pcml
ll
S XXXXXXX
C X UMBNEwMAB X OCCUR N N ZUP•14N19818.17 1112017 I:I:201R EACH OCCURRENCE 5 1000.000
e CISH LAa CwMSM+DE AGGREGATE s 1,000,000
OED i X RETENTIONS 10.000 s XXXXXXX
WORKERS COMPENSATION P fl OTIN
B ARD ENPLOVEPa'uMMLm Y 1015651973(AOS) 142017 1'12018 EL STATUTE I ER
E ANY PROPRIETOWPARMEREYECInNE Y1 SNI 1061334422(CAI 1:1:2017 1.1:2018 EL EACHc coma s I /100000
OFPICERMENSEA EXCLUDED? f NIA
't6PMw.N Una EL.DISEASE-EA EMPLOYEE E 1,000.000
OreOF OPERATIONS WIN EL.DISEASE.POLICY LIMIT S L000.000
DESCRPnoN OF IYOYTIONSI LOCATORS:VIHCLAS IACD O 101.MdW.nS Numb 5LMPuh,milb.MxANN mar spars M noun)
RE:E12191 IDIQ MAJOR DITCH IMPROVEMENTS.TUE CITY OF CORPUS CHRISTI AND ITS OFFICERS.OFFICIALS.EMPLOYEES.VOLUNTEERS.AND ELECTED
REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED ONTIE GENERAL AND AUTOMOBILE LIABILITY POLICIES.THE TERM OTHER INSURANCE'
CLAUSE SHALL NOT APPLY TO THE CITY OF CORPUS CHRISTI WHERE THE CITY IS AN ADDITIONAL INSURED.A WAIVER OF SUBROGATION IS ISSUED IN
FAVOR OF THE CITY ON THE WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY POLICIES A THIRTY 00)DAY NOTICE OF CANCELLATION SHALL BE
CERTIFICATE HOLDER CANCELLATION
10652623
CITY OF CORPUS CHRISTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ATTN:RISK MANAGEMENT THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELNERED M
P.O.BOX 9277 ACCORDANCE WITH THE POUCY PROVISIONS.
CORPUS CHRISTI TX 78469-9277
AVTORESW REPRESENTAnv 414
ID10 015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
EXHIBIT E
DISCLOSURE OF INTEREST
Master Services Agreement
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of
C City of Corpus Christi Ordinance 17112,as amended,requires all persons or fines seeking
nsti
to do business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with "NA". See reverse side for Filing
Requirements,Certifications and definitions.
COMPANY NAME: Lockwood,Andrews&Newnam,Inc
P.O.BOX:
STREET ADDRESS: 500 N.Shoreline Blvd.,Suite 500 CITY: Corpus Christi ZIP: 78401
FIRM IS: I. Corporation 2. Partnership 3. Sole Owner 0
9. Association e 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
I. State the names of each employee of the Cityof Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.'
Name Job Title and City
Department(if known)
2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Title
3. State the names of each"board member"of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Board, Commission or
Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Consultant
•
FILING REQUIREMENTS
If a person who requests ofcial action on a maser knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general ora substantial segment thereof,you shall
disclose that fact in a signed writing to the City official,employee or body that has been
requested to act in the matter,unless the interest of the City official or employee in the matter is
apparent. The disclosure shalt also he mode in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
1 cenify that all information provided is true and correct as of the dale of this statement,that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Steven A.Gilbreath,P.E. Title: pssn..iate
antesePthil
Signature of Certifying /
Date: Y�2�i //7
Penin: /y^
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or
pan-time basis,but not as an independent contractor.
d. "Finn." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person,pannership,corporation,Joint stock company,joint venture,receivership or trust,and
entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, Including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting touts,
proxies,or special terms of venture or pennership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
EXHIBIT F
CERTIFICATE OF INTERESTED PARTIES
Master Services Agreement
Exhibit E
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos.1-4 and 6 it Mere are kitereSted patles. OFFICE USE ONLY
Complete Nos.".2.3.s,and 61(Mere are no interested panes. CERTIFICATION OF FILING
1 Num of business entity bung form,and the city,stale and country of Me business entity's place Cemmeate Number
of business. 2016-73614
Lockwood.Andrews&Newnam,Inc.
Houston,TX United States Date Filed:
2 None of government entity or state agency that is a parry to the contract for which lin form Is 06/2012016
being tiled.
City of Corpus Christi owe A add:
IO � 1 I
3 Provide the Identification number used by the governmental entity or stale agency to track or Identity the contract, d provide a
description oldie services,goods,or other property to be provided under the erotism
E12191
IDIQ Major Ditch Improvements
Nature m interest
4 Name of Interested Perry City,Stale,Country(piece of business) Shook applicable)
Corralling I Mtermedlsry
Daly.Leo Washington.DC Untied States X
DAY,Grega Washington.DC United States X
Petersen.Dennis Houston,TX United Stales X
Cohen,Anile Austin,TX United States X
Vafdani,Sima Los Angeles,CA United States X
6 Check only N there Is NO Interested Piny. ❑
fi AFFIDAVR Iswear,or aferm,under penalty of perjury.that the above dscbsue S eve and correct.
COURTNEY CASIELLANOE
f, No nu Public,Slate tat 22 sad
comm.DOM l 3526.2020 /fin
Notary ID 130660102 of authorized agent of cnwacerg business entity
AFFIX NOTARY STAMP/SEAL MOVE hex 1////i���Iy�y II1E1E�v�( 2154-
1 dull
L���u(4
S • to and subscribedhelmeme.bytheSaid dell 6111 ,ddste U day of �fLL11Pl ,
20 m certify which.witness my hand and seal of on .
AllAc .lirg � ' � �QIIY(f1PL �QSlfiai as ( '1/I( Table
64nalure , x' ' . . name or adnadadrgogh
The al rep oath
Forms provided by Texas Ethics Commission www.ethicsslate.d.us Version V1.0.1021
•
EXHIBIT G
EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT
Master Services Agreement
Exhibit E
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1—Definitions and Terminology 2
Article 2—Preliminary Matters 8
Article 3—Contract Documents: Intent, Requirements, Reuse 8
Article 4—Commencement and Progress of the Work 9
Article 5—Availability of Lands;Subsurface and Physical Conditions; Hazardous Environmental
Conditions 9
Article 6—Bonds and Insurance 11
Article 7—Contractor's Responsibilities 11
Article 8—Other Work at the Site 11
Article 9—Owner's and OPT's Responsibilities 11
Article 10—OAR's and Designers Status During Construction 12
Article 11—Amending the Contract Documents;Changes In the Work 14
Article 12—Claims 14
Article 13—Cost of the Work;Allowances; Unit Price Work 14
Article 14—Tests and Inspections;Correction,Removal,or Acceptance of Defective Work 14
Article 15—Payments to Contractor;Set-Offs;Completion;Correction Period 14
Article 16—Suspension of Work and Termination 14
Article 17—Final Resolution of Disputes 14
Article 18—Miscellaneous 14
EXHIBIT"G"
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ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. A term with initial capital letters,including the term's singular and plural forms,has the
meaning indicated in this paragraph wherever used in the Bidding Requirements or
Contract Documents. In addition to the terms specifically defined,terms with initial capital
letters in the Contract Documents may include references to identified articles and
paragraphs,and the titles of other documents or forms.
1. Addenda-Documents Issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2. Agreement-The document executed between Owner and Contractor covering the
Work.
3. Alternative Dispute Resolution-The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4. Application for Payment-The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes
the City Manager or designee to execute the Contract on behalf of the City.
6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price
and Contract Times and provide other Information and certifications as required by
the Bidding Requirements.
7, Bidding Documents-The Bidding Requirements,the proposed Contract Documents,
and Addenda.
8. Bidder-An individual or entity that submits a Bid to Owner.
9. Bidding Requirements-The Invitation for Bids,Instructions to Bidders,Bid Security,
Bid Form and attachments,and required certifications.
10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier's check,certified check,money order or bank draft from any State or National
Bank will also be acceptable.
11. Bonds-Performance Bond, Payment Bond,Maintenance Bond,and other Surety
instruments executed by Surety. When in singular form,refers to individual
instrument.
12. Change Order-A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work,Contract Price,Contract
Times,or terms and conditions of the Contract.
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions.2 Pa•e 2 of 14
13. Change Proposal-A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a. Requesting an adjustment in Contract Price or Contract Times;
b. Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c. Challenging a set-off against payment due;or
d. Seeking a Modification with respect to the terms of the Contract.
14. City Engineer-The Corpus Christi City Engineer and/or his designated representative
as identified at the preconstruction conference or in the Notice to Proceed.
15. Claim-A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor Is not a Claim.
16. Constituent of Concern-Asbestos, petroleum,radioactive materials,polychlorinated
biphenyls(PCBs), hazardous wastes,and substances,products,wastes,or other
materials that are or become listed,regulated,or addressed pursuant to:
a. The Comprehensive Environmental Response,Compensation and Liability Act,42
U.S.C. §59601 et seq. ("CERCIA");
b. The Hazardous Materials Transportation Act,49 U.S.C. §55501 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. 552601 et seq.;
e. The Clean Water Act,33 U.S.C. §51251 et seq.;
f. The Clean Air Act,42 U.S.C. §57401 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.
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-3 Page 3 of 14
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21. Contract Times-The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
b. Achieve Substantial Completion;and
c. Complete the Work.
22. Contractor-The individual or entity with which Owner has contracted for
performance of the Work.
23. Contractor's Team-Contractor and Subcontractors,Suppliers, individuals,or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work-The sum of costs incurred for the proper performance of the Work
as allowed by Article 13.
25. Defective-When applied to Work,refers to Work that Is unsatisfactory,faulty,or
deficient in that It:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections,reference standards,
tests,or approvals referred to in the Contract Documents;or
c. Has been damaged or stolen prior to OAR's recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion In accordance with Paragraphs 15.03 or 15.04.
26. Designer-The individuals or entity named as Designer In the Agreement and the
subconsultants,individuals,or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to
the Contract Documents. Designers are Licensed Professional Engineers or Registered
Architects qualified to practice their profession in the State of Texas.
27. Drawings-The part of the Contract that graphically shows the scope,extent,and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract-The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order-A document issued by OAR or Designer requiring changes in the Work
that do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition-The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices,Laws and Regulations,and
the requirements of the Contract.
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-4 P • : 4 of 14
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31. Indemnified Casts-All costs, losses,damages,and legal or other dispute resolution
costs resulting from claims or demands against Owner's Indemnitees. These costs
include fees for engineers,architects,attorneys,and other professionals.
32. Laws and Regulations;Laws or Regulations•Applicable laws,statutes,rules,
regulations,ordinances,codes,and orders of governmental bodies,agencies,
authorities,and courts having jurisdiction over the Project.
33. Liens-Charges,security interests,or encumbrances upon Contract related funds,real
property,or personal property.
34. Milestone-A principal event in the performance of the Work that Contractor is
required by Contract to complete by a specified date or within a specified period of
time.
35, Modification-Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
c. Field Order;or
d. Work Change Directive.
36. Notice of Award-The notice of Owner's intent to enter into a contract with the
Selected Bidder.
37. Notice to Proceed-A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner-The City of Corpus Christi(City),a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas,acting by and
through its duly authorized City Manager and his designee,the City Engineer(the
Director of Engineering Services),and the City's officers,employees,agents,or
representatives,authorized to administer design and construction of the Project.
39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in
the Agreement and the consultants,subconsultants,individuals,or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner's Indemnitees-Each member of the OPT and their officers,directors,
members,partners,employees,agents,consultants,and subcontractors.
41. Owner's Project Team or OPT-The Owner,Owner's Authorized Representative,
Resident Project Representative,Designer,and the consultants,subconsultants,
individuals,or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use-Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended(or a related purpose)prior to Substantial
Completion of all the Work.
EXHIBIT"G"
Excerpt from Form 00 72 DO General Conditions-5 Pa! • 6 of 14
43. Progress Schedule-A schedule prepared and maintained by Contractor,describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish
the Work within the Contract Times.
44. Project-The total undertaking to be accomplished for Owner under the Contract
Documents.
45. Resident Project Representative or RPR-The authorized representative of OPT
assigned to assist OAR at the Site. As used herein,the term Resident Project
Representative Includes assistants and field staff of the OAR.
46. Samples-Physical examples of materials,equipment,or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents-A schedule of required documents, prepared,and
maintained by Contractor.
48. Schedule of Values-A schedule,prepared and maintained by Contractor,allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor's Applications for Payment.
49. Selected Bidder-The Bidder to which Owner intends to award the Contract.
50. Shop Drawings-All drawings,diagrams,illustrations,schedules,and other data or
information that are specifically prepared or assembled and submitted by Contractor
to illustrate some portion of the Work. Shop Drawings,whether approved or not,are
not Drawings and are not Contract Documents.
51. Site-Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work Is to be performed. The Site Includes rights-of-way,easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications-The part of the Contract that describes the requirements for materials,
equipment,systems,standards,and workmanship as applied to the Work,and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor-An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion-The point where the Work or a specified part of the Work is
sufficiently complete to be used for its Intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions-The part of the Contract that amends or supplements the
General Conditions.
56. Supplier-A manufacturer,fabricator,supplier,distributor,materialman,or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data-Those items expressly identified as Technical Data in the
Supplementary Conditions with respect to either:
a. Subsurface conditions at the Site;
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-6 Page 6 of 14
b. Physical conditions relating to existing surface or subsurface structures at the
Site,except Underground Facilities;or
c. Hazardous Environmental Conditions at the Site.
58. Underground Facilities-All underground pipelines,conduits,ducts,cables,wires,
manholes,vaults,tanks,tunnels,other similar facilities or appurtenances,and
encasements containing these facilities which are used to convey electricity,gases,
steam,liquid petroleum products,telephone or other communications,fiber optic
transmissions,cable television,water,wastewater,storm water,other liquids or
chemicals,or traffic or other control systems.
59. Unit Price Work-Work to be paid for on the basis of unit prices.
60. Work-The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive-A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition,deletion,or revision In the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined,but when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to"at no additional cost to Owner,"
"at Contractor's expense,"or similar words mean that the Contractor is to perform or
provide specified operation of Work without an increase in the Contract Price.
C. The terms"day"or"calendar day"mean a calendar day of 24 hours measured from
midnight to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms"as allowed,""as approved,""as ordered,""as directed,"or similar terms In
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to"reasonable, "suitable," "acceptable,'"proper,"
"satisfactory,"or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work,or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-7 Page 7 of 14
E. The use of the words"furnish,""install,""perform,"and"provide" have the following
meanings when used in connection with services,materials,or equipment:
1. Furnish means to supply and deliver the specified services, materials,or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services,
materials,or equipment so they are ready for their intended use.
3. Perform or provide means to furnish and install specified services,materials,or
equipment,complete and ready for their intended use.
4. Perform or provide the specified services,materials,or equipment complete and ready
for intended use if the Contract Documents require specific services,materials,or
equipment,but do not expressly use the words"furnish,""install""perform,"or
"provide."
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind,class,and type even though the
word"all"is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in
the sentence. It is understood that the words"furnish,""install,""perform,'
"provide,"or similar words include the meaning of the phrase'The Contractor shall..."
before these words.
3. Unless specifically stated that action Is to be taken by the OPT or others, R H
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-PREUMINARY 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
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-8 Page 8 of 14
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
B. Comply with applicable construction industry standards,whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not
referenced but recognized as applicable in the construction industry.
2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable,which of several are
applicable,or If the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
A. Submit questions concerning the non-technical or contractual/administrative
requirements of the Contract Documents to the OAR Immediately after those questions
arise. OAR is to provide an interpretation of the Contract Documents regarding these
questions and will coordinate the response of the OPT to Contractor.
B. Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response
of the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response
to the question indicates that a change in the Contract Documents is required. Contractor
may appeal Designers or OAR's interpretation by submitting a Change Proposal.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE S—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5D3- --Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
A. Notify OAR immediately,but In no event later than 3 days,after becoming aware of a
subsurface or physical condition that is uncovered or revealed at the Site,and before
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-9 Page 9 of 14
further disturbing the subsurface or physical conditions or performing any related Work
that:
1. Establishes that the Technical Data on which Contractor is entitled to rely as provided
in Paragraph 5.03 is materially inaccurate;
2. Requires a change in the Drawings or Specifications;
3. Differs materially from that shown or indicated in the Contract Documents;or
4. Is of an unusual nature and differs materially from conditions ordinarily encountered
and generally recognized as inherent in work of the character provided for in the
Contract Documents.
Do not further disturb or perform Work related to this subsurface or physical condition,
except in an emergency as required by Paragraph 7.12, until permission to do so is issued
by OAR.
B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical
condition from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT's obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications;and
6. Advise OPT of Designers 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 Designers findings,
conclusions,and recommendations.
5.05 Underground Facilities
A. The information and data shown or indicated in the Contract Documents with respect to
existing Underground Facilities at or adjacent to the Site is based on information and data
furnished to OPT by the owners of these Underground Facilities or by others. OPT is not
responsible for the accuracy or completeness of information or data provided by others
that OPT makes available to Contractor. The Contractor is responsible for:
1. Reviewing and checking available information and data regarding existing
Underground Facilities at the Site;
2. Complying with Laws and Regulations related to locating Underground Facilities before
beginning Work;
3. Locating Underground Facilities shown or indicated in the Contract Documents;
4. Coordinating the Work with the owners,including Owner,of Underground Facilities
during construction;and
EXHIBIT"G"
Excerpt from Form 00 7200 General Conditions-10 Page 10 of 14
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5. The safety and protection of existing Underground Facilities at or adjacent to the Site
and repairing damage resulting from the Work.
B. Notify the OAR and the owner of the Underground Facility immediately if an Underground
Facility is uncovered or revealed at the Slte that was not shown in the Contract Documents,
or was not shown with reasonable accuracy in the Contract Documents. Do not further
disturb conditions or perform Work affected by this discovery,except in the event of an
emergency as required by Paragraph 7.12.
C. The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents,or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications
to document the consequences of the existence or location of the Underground
Facility;and
4. Advise OAR of Designer's findings,conclusions,and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question
and recommend action as appropriate after review of Designer's findings,conclusions,and
recommendations.
ARTICLE 6-BONDS AND INSURANCE
ARTICLE 7-CONTRACTOR'S RESPONSIBILITIES
ARTICLE R-OTHER WORK AT THE SITE
ARTICLE 9-OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT Is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D
and 15.06.D.
EXHIBIT"G"
Excerpt from Form 00 7200 General Conditions-11 Page 11 of 14
9.05 Lands and Easements;Reports and Tests
A. Owner's duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions
and drawings of physical conditions relating to existing surface or subsurface structures at
the Site available to Contractor In accordance with Paragraph 5.03.
9.06 Insurance
A. Owner's responsibilities with respect to purchasing and maintaining insurance are
described in Article 6.
9.07 Modifications
A. Owner's responsibilities with respect to Modifications are described in Article 11.
9.08 Inspections,Tests,and Approvals
A. OPT's responsibility with respect to certain inspections,tests,and approvals are described
in Paragraph 14.02.
9.09 Limitations on OPT's Responsibilities
A. The OPT does not supervise,direct,or have control or authority over,and is not responsible
for Contractors 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 Owners 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
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-12 Pa e 12 of 14
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 Designees authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work,implement Owner's
quality assurance program,and administer the Contract as Owner's representative as
described in the Contract Documents. OAR's visits and observations are subject to the
limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07.
10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives'authority and
responsibility are described In Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 14.
10.05 Shop Drawings, Modifications and Payments
A. Designers authority related to Shop Drawings and Samples are described in the Contract
Documents.
B. Designers authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer's authority related to Modifications is described in Articles 11.
D. OAR's authority related to Applications for Payment is described in Articles 13 and 15.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual/administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work,or accept the Work under the provisions of Paragraph 14.04,if Work does not
conform to the Contract Documents. OAR will coordinate the response of the OPT to
Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will
provide documentation for changes related to the non-technical or contractual/
administrative requirements of the Contract Documents. Designer will provide
documentation if design related changes are required.
D. Contractor may appeal Designer's decision by submitting a Change Proposal If Contractor
does not agree with the Designees decision.
EXHIBIT"G"
Excerpt from Form 00 72 00 General Conditions-13 Pa!e 13 of 14
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10.07 Limitations on OAR's and Designer's Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure
to act,or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract,tort,or
otherwise of the OPT to the Contractor or members of the Contractor's Team.
ARTICLE 11-AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK
ARTICLE 12-CLAIMS
ARTICLE 13-COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK
ARTICLE 14-TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE
WORK
ARTICLE 15-PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD
ARTICLE 16-SUSPENSION OF WORK AND TERMINATION
ARTICLE 17-FINAL RESOLUTION OF DISPUTES
ARTICLE 18-MISCELLANEOUS
END OF SECTION
EXHIBIT"G"
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