HomeMy WebLinkAboutC2019-581 - 10/29/2019 - Approved • T r
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SERVICE AGREEMENT NO. 2617
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CONTRACT FOR PROFESSIONAL SERVICES
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1852
19077A Cefe Valenzuela Landfill
Gas Collection and Control System (GCCS)
Cells 1B, 1C, 3C
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director) and SCS Engineers, 1901 Central Drive, Suite 550, Bedford, TX 76021 (Consultant), hereby
agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBITS
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SCANNED
ARTICLE I —SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,
which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include
all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any
and all Services that would normally be required by law or common due diligence in accordance with the standard
of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be
performed by Consultant under this Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.
At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of
Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed
to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request,
Consultant must provide City with a list of all subconsultants that includes the services performed by
subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed
team as specified in the SOQ or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by
the City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges
and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,
excerpt attached as Exhibit D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and
will consult and advise the City on matters related to the Consultant's Scope of Services during the
performance of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A. It
is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3`d party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $163,500.
3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A
and will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule
is considered confidential information that may be excluded from public disclosure under Texas Government
Code Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually
agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three
(3) days of notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
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3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for
which Payment Requests have been previously issued and payments received from City shall, to the best of
Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided
labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY
HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY
ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY
TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City
from damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be
required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the
procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and
follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its
annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a period of years beginning on the Effective Date. The Agreement may be
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writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions,
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the
Director of Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to
complete the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis
of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional
familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the
construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
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committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable
attorney's fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
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8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement until such documentation is submitted.
9/25/19
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit, examination or inspection may be performed by a City
designee, which may include its internal auditors or an outside representative engaged by City. Consultant
agrees to retain its records for a minimum of four(4) years following termination of the Agreement, unless there
is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the
dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples
include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, and any and all other agreements, sources of information and matters that may, in City's and
Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its
designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and
appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
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10.2 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time
lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be
approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-
one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the
general nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying
the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet
to discuss the request, after which an offer of settlement or a notification of no settlement offer will be
sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty
(30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the
initial request for remedy or(iii) request Mediation.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement, and City shall continue to make payments in
accordance with this Agreement.
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12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for
similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent
to filing any lawsuit, request mediation of the dispute.
12.2.2.2 Request for mediation shall be in writing,and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the
request, except upon agreement of both parties.
12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within thirty (30) calendar days of the request
for mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys'fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY
RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
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ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for
services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the
termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or
partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as
a result of this Agreement, including contract documents(plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation
by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees
that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed
professional prior to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall
be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to
the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner
these goals and objectives are to be met.
13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https:l/www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed
and filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
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13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed
and tried in Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any
Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in
any way the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein, is in conflict with Articles 1-XIII of this Agreement
(Articles), the Articles shall take precedence and control to resolve said conflict.
CITY OF CORPUS CHRISTI Sc G ' ,RS._
B 10.3o. L q i. 9/25/19
Kim Baker Date Ryan Kuntz, P. E. Date
Director of Contracts and Procurement Vice President
1901 Central Drive, Suite 550
Bedford, TX 76021
APPROVED AS TO LEGAL FORM (817) 571-2288 Phone
Aimee Alcorn-Reed rkuntz@scsengineers.corn
2019.09.27 13:01:58-05'00'
Assistant City Attorney Date
AUTHUKttc►
TEST
Ci Secretary Date
SECRETARY
1
`/i/�1 Contract for Professional Services
Page 11 of 12
•
Cefe Valenzuela Landfill Gas Collection and Control System (GCCS)
Cells 1B, 1C, 3C
Project No. 19077A
Service Agreement No. 2617
SCS Engineers
Contract
$163,500
Fund Name Accounting Account Activity No. Amount
Unit No.
Landfill 2015 CO 3367-031 550950 19077-A-3367-EXP $163,500
Total $163,500
Contract for Professional Services
Page 12 of 12
•
SCS ENGINEERS Environmental Consulting & Contracting
September 16, 2019
SCS Proposal No. 160055219
Mr.Jeffrey Edmonds, P.E. (sent via email)
Director of Engineering Services
City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
Re: Gas Collection and Control System (GCCS) Expansion Construction Plans,
Specifications, Bid Documents (Cells 1B/1C, and 3C); and
Bid-Support Services and Construction Quality Assurance(CQA)-(Cells 1B/1C)
Cefe Valenzuela Landfill, Corpus Christi,Texas
Dear Jeff:
SCS Engineers is pleased to present this proposal to the City of Corpus Christi to provide services
related to two, required landfill gas collection and control system (GCCS) expansions into Cells
1B/1C, and 3C at the Cefe Valenzuela Landfill (landfill).
Federal New Source Performance Standards (NSPS) for Municipal Solid Waste Landfills, which are
contained in 40 CFR 60, Subpart WWW require that a GCCS control landfill gas from waste at the
landfill that has been in place 5 years or more if at intermediate grade, or 2 years or more at final
permitted grade. Therefore, a GCCS expansion into Cells 1B and 1C is required to be fully
constructed and operating by June 1, 2021 (since we assume initial waste placement into Cells 1B
and 1C began shortly after the cell commissioning on June 1, 2016). The GCCS expansion into Cell
3C must be constructed and operated by October 9, 2023 based on that cell's first waste disposal
being on or after October 9, 2018.
SCS has extensive experience with NSPS requirements and GCCS design. SCS provided the initial
GCCS design and construction quality control/assurance (CQA) at the landfill. Our project team has
also provided the City with the landfill's air permitting and compliance needs prior to the landfill
commencing operation in 2007. Resumes are available upon request as well as detailed
qualifications, if necessary.
This proposal's services are divided into 4 tasks as follows:
• Task 1- Concurrent design of two GCCS construction plan sets (one for the GCCS expansion
into Cells 1B/1C and one for the GCCS expansion into Cell 3C);
• Task 2-Specifications and Front-End Documents for both of the GCCS construction plan sets
prepared in Task 1;
• Task 3- Bid support services related to the GCCS expansion into Cells 1B/1C; and
• Task 4-Construction Quality Assurance services for the GCCS expansion into Cells 1B/1C.
1901 Central Drive, Ste. 550, Bedford, TX 76021 1817-571-2288 I eFax 817-571-2188
\\bed4902\shores\Data\BD\Proposals\Cospas Chnsh\160055219 Cele 3111 GCCS Expansion\P0916I9 Cele 2021 GCCS Ekponson 2doct
EXHIBIT "A"
Page 1 of 10
•
•
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 2
The remaining, future work related to finalizing documents, including confirming landfill fill grades at
time of construction and any updates to City's bidding documents, bidding, and CQA for the GCCS
expansion into Cell 3C will be part of a separate, future proposal closer to that expansion's final
construction date.
SCOPE OF SERVICES
Our proposed detailed scope of services is as follows:
TASK 1 - DESIGN SUBMITTALS AND CONSTRUCTION PLANS (CELLS 1B/1C&CELL 3C GCCS
EXPANSIONS)
This task includes preparation of the City-required design submittals (30%, 60%, 90%, 100%, and
final), as well as the construction plans for two separate GCCS expansion designs (one into Cells
1B/1C, and a second for subsequent expansion into Cell 3B). These GCCS expansion designs will
conform to the landfill's previously prepared GCCS Design Plan.
The services provided in this task for the design submittals will be prepared consistent with the most
recent version of the City's Design Submittal Checklist (Revision Date, 10/26/17). Additionally, SCS
will prepare draft and final 30 percent submittals (i.e., following comments) that will include the
Engineering Letter Report, opinion of probable construction cost (OPCC), and associated checklist for
both expansion designs. These submittals will essentially be design basis memorandums, which will
confirm the design elements to be incorporated into the overall design. Additionally, the services
provided in this task will include the various submittals required for the 60, 90, and 100 percent
design submittals, as well as the final submittals, including but not limited to: the Project Status
Summaries; Drawing Review Checklists and Project Submittal Checklists; OPCC; drawings,
specifications, and front-end documents, as applicable; and comment responses, as applicable. It
should be noted that the preparation of the specifications and front-end documents at various
percent-complete levels are included under Task 2 for both designs.
The construction plans required for each expansion design will also be prepared under this task. The
construction plans will be comprehensive for each construction of the project. For Cell 3C GCCS
expansion, SCS will prepare an anticipated interim grading plan, which will serve as the baseline for
the piping layout and well depths for the construction plans prepared under this scope of services.
Prior to bidding the Cell 3C GCCS expansion in the future, the construction plans (piping layout and
well depths) will need to be updated accordingly (future and separate scope of services) to
accommodate actual site conditions at the time of construction. The following drawings are
projected, but not limited to, being in the each of the final two expansion designs:
• Cover Sheet;
• General Notes and Summary of Quantities;
• Site Layout Plan;
• GCCS Layout Plan;
• LFG Extraction Well Details and Well Schedule (up to two drawings);
• Pipe, Fitting, and Valve Details (up to two drawings); and
• Condensate Management Details (up to two drawings).
Construction plans for each of the expansion designs will be provided during the 60, 90, 100 percent
design submittals, as well as for the final submittal in accordance with the Design Submittal
,bad Es021sliases.ataSOPropovlsTorpus Chrim1160055219 C,&2021 GCCS ExponsicaPPOO1619 Cafe 2021 GCCS Expansion r2 doca
EXHIBIT "A"
Page 2 of 10
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 3
Checklist. SCS will provide an electronic PDF and three hard copies of each design submittal for the
City's review. As noted above, SCS will address comments at each required phase of review for both
GCCS expansion designs. Our fee assumes that comments from all parties within the City (and
Republic, if applicable) will be provided concurrently at each stage of the design process for each
design to avoid multiple iterations that might slow the schedule. The final submittal of the
construction plans for both expansion designs will be signed and sealed by a Professional Engineer
registered in the State of Texas.
This task includes the fees associated with the design engineer's attendance at design review
meetings for the 30, 60, and 90 percent submittals. Any other required design review meetings are
assumed to be handled by telephone. Our fee for this task assumes that the meetings will be
combined for both of the expansion designs to save costs and since both expansion designs will be
prepared concurrently.
TASK 2 - SPECIFICATIONS AND FRONT-END DOCUMENTS (CELLS 1B/1C & CELL 3C GCCS
EXPANSIONS)
For this task, SCS will revise the specifications and front-end documents (bid documents) for the
both GCCS expansion construction project designs in Task 1. Bid items will be clearly identified.
This task's fee assumes that the City's Front-End Construction Contract Documents will be used
(both Division 00 and Division 01, as applicable). It is assumed that the bid documents will be
revised for both designs to request qualification statements from Contractor's to ensure that the City
is receiving bids from qualified Contractors. Additionally, for both designs SCS will prepare technical
specifications for materials and execution of work for at least the following items:
• Excavation,trenching, backfilling, and grading;
• Landfill gas (LFG) extraction wells and wellheads (includes well drilling, bentonite, and
aggregate soil backfill);
• High density polyethylene (HDPE) pipe, fittings, and valves (includes materials, installation,
and testing); and
• Condensate management systems(includes pumps and sumps).
Due to the highly specialized nature of both construction projects, as we did for the initial GCCS
construction, we will use SCS' standard technical specifications. Where possible, SCS will
incorporate the City's standards for materials. During the preparation of technical specifications,
SCS will review local permits (i.e., building, electrical, etc.) that may be necessary so that those
requirements may be incorporated into the technical specifications. During this effort, SCS will also
consider the required timeframes for any of these authorizations and emphasize any of these items
that may become a critical path during construction.
Specifications and front-end documents will be provided concurrently for both GCCS expansion
designs during the 90 and 100 percent design submittals, as well as the final submittal in
accordance with the Design Submittal Checklist. The final submittal of the specifications for each
design will be signed and sealed by a Professional Engineer registered in the State of Texas.
TASK 3 — BID-PHASE SERVICES (CELLS 1B/1C GCCS CONSTRUCTION)
This task includes services during the bid advertisement and award phase for construction of the GCCS
expansion into Cells 1B/1C. The following services are included:
\`M6602\fhartf\Dm\BD\Aopo$.t,Corpo Chri\160055219 Ce62021 GCCS Epwim\P091619Cefe 2021 GCCS Expavioo r2.epee
EXHIBIT "A"
Page 3 of 10
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 4
• SCS will attend one pre-bid meeting. At the City's preference SCS may conduct the meeting
or be present only as the Design Engineer. SCS will take and issue notes for the meeting.
• It is assumed that SCS will be responsive to Civcast and the electronic bid platform for
questions and comments and to maintain communication with the City's Project Manager
during the bid phase. SCS will provide the City with responses to any technical questions
related to the project, as deemed necessary by the City.
• Addenda will be prepared, if required, and provided to the City for distribution to the
Contractors or upload to the City's website. Our fee for this subtask assumes the preparation
of no more than one addendum.
Taking into consideration items that may have changed during the bidding process as reflected in
addenda to the bid documents, we will provide copies of the "Issued-for-Construction" Contract
Documents to the City.
TASK 4 - CONSTRUCTIONS QUALITY ASSURANCE SERVICES (CELLS 1B/1C GCCS
CONSTRUCTION)
This task is included to provide construction-phase engineering and CQA services for the
construction of the GCCS expansion into Cells 1B/1C at the landfill. This task is divided into four
subtasks. Our assumptions for each subtask are included in the following scope descriptions. We
believe the effort included should encompass the construction time and effort that will be needed for
the anticipated GGCS expansion. However, if at any time during the design and bidding process this
changes due to construction time of the scope of support needed, we will immediately notify the City
and discuss what added services might be needed. The four subtasks are as follows:
• Task 4.1 - LFG Extraction Well Pre-Construction Survey(Optional);
• Task 4.2- Field CQA Services;
• Task 4.3-Construction-Phase Engineering Services; and
• Task 4.4-Construction Documentation Report.
Our proposed project team has significant experience in GCCS CQA. Our CQA team will be
supervised by a professional engineer licensed in the State of Texas who will certify that the
installation of the GCCS has been performed in accordance with the contract documents and
nationally recognized industry standards. As indicated below, the certifying engineer on this project
will also be a part of the design team for development of the contract documents, and will have
intimate knowledge of the project and design specifics.
Our proposed CQA team will be comprised of the following personnel (subject to adjustments):
Professional Land Surveyor: To be determined (TBD)
Soils Laboratory: To be determined (assumed to be City coordinated)
Certifying Engineer: Ryan Kuntz, P.E. and/or Brett DeVries, Ph.D., P.E., SCS
Engineers
CQA Technician(s): TBD, SCS Engineers
\W d fs0'tbhenANlaRDlProposals\Corps Chu\16 0 0 5 5 219 Ce&2021 GCCS Erywi,W091619 CdO 2021 GCCS Expmsiw r2.6ocx
EXHIBIT "A"
Page 4 of 10
•
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 5
Although not attached, our CQA team resumes can be made available upon request.
SUBTASK 4.1 - PRE-CONSTRUCTION SURVEY(OPTIONAL SUBTASK)
This subtask includes the required pre-construction survey of the proposed GCCS extraction well
locations. It is only shown as optional in the title because the City may contract the surveyor
separately; the survey itself is required. If this subtask is utilized, the surveyor will be contracted
through, and coordinated by SCS.
The pre-construction survey must be performed by a Professional Land Surveyor registered in the
State of Texas, to confirm ground surface elevations of the landfill GCCS extraction wells. Our fee
estimate for this subtask assumes that adequate survey control monuments/benchmarks exist
onsite, and that the vertical and horizontal control for these monuments will be provided to SCS in
advance of this survey (SCS will also confirm this information from the prior gas system
construction). This survey will be performed one(1) week prior to construction or sooner if necessary
to accommodate commencement of the drilling effort. The surface elevations obtained for the well
locations will be used to finalize the well schedule for the project. This pre-construction survey will
be reviewed and approved by the Certifying Engineer who is a Professional Engineer registered in the
State of Texas.
SUBTASK 4.2 - FIELD CQA SERVICES
This subtask includes field CQA services during the construction. During the construction, SCS will
provide a qualified CQA technician to be onsite daily to observe and document construction, and to
verify conformance with the construction plans and specifications.
The CQA technician's responsibilities during drilling and completion of extraction wells will include
the following:
• Document and observe well construction for conformance to the approved construction
plans and specifications.
• Document and observe the waste composition, temperature, and decomposition level of
waste removed from the wellbore. This information will be documented on well boring logs.
• Document and observe that proper well depths, pipe types, backfill, backfill procedures, and
well pipe lengths are consistent with the construction plans and specifications. This
information will be documented on well installation records.
The CQA technician's responsibilities during the remainder of the project will include the
documentation and observation of the following for conformance with the construction plans and
specifications:
• Materials, layout and installation of pipe, fittings, and valves associated with air supply,
condensate forcemain, and header and lateral piping.
• Soils and aggregate placement, compaction, and grading for construction of road crossings.
• Review, observe, and document pneumatic pipe pressure testing.
\Ne4(a015ahunlDaulBDWopovla\Cmpv C..160055219 Cch 2021 GCCS Expami oT091619 Ce@ 2021 GCCS Expa,Son r2 6ocx
EXHIBIT "A"
Page 5 of 10
•
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 6
• The CQA technician will provide daily record location and elevation surveys of installed
components and verify proper slopes and depths of piping prior to burial, as necessary,
consistent with the construction plans and specifications. This work will be completed with
GPS survey equipment. The survey equipment and CQA technician will be capable of
inversing slopes in the field to provide immediate verification of slopes to the Contractor.
The survey equipment will be available for use on-site during all times that construction
activities are ongoing.
If field conditions require an adjustment to piping or other materials, the certifying engineer will
confirm what adjustments are needed, and coordinate accordingly with the City, contractor, and CQA
technician(s). During construction, the certifying engineer or qualified representative will review and
approve collected survey data on a weekly basis (see Subtask 4.3). Additionally, during construction
the CQA technician will prepare daily activity reports documenting conformance with the construction
plans and specifications, which will be incorporated into the construction documentation report
(Subtask 4.4).
Our time-and-materials fee estimate for Subtask 4.2 assumes a construction schedule of up to 45
working days for construction, performed over 10 hours per day, Monday through Saturday. Also,
our fees for this subtask includes applicable expenses for our CQA technicians, such as
mobilization/demobilization, lodging/per diem, vehicle/mileage, and equipment (survey
equipment). If the contractor experiences any downtime in excess of three working days, additional
mobilization/demobilization charges may be necessary.
SUBTASK 4.3 - CONSTRUCTION-PHASE ENGINEERING SERVICES
This subtask includes supervision, project management, and construction-phase engineering
services by the certifying engineer. This individual will make visits to the site to be familiar with the
work and to review the gathered documentation of construction. The certifying engineer or qualified
representative thereof will perform construction-phase engineering services, which will include the
following services:
• Telephone calls among the City, contractor, and/or CQA technician to answer questions and
resolve issues;
• Review and respond to all contractor submittals and requests-for-information or clarifications
of the construction plans and specifications;
• Preparation of well boring logs and well completion records based on documented
installation of LFG extraction wells;
• Review and approve collected survey data of installed system components on a weekly basis;
• Maintain files for correspondence, photographs, requests-for-information or clarifications,
submittal responses, and other construction project-related documentation;
• Review and evaluate contractor change order proposals (if any), pay applications, and final
verification for measurement and payment;
Geed 602,shaes\MG.\BD\Peopo.al0Cmpus Choi\160055219 Cefr 2021 GCCS ExpermanSP091610 Cd.2021 GCCS Eq i 2.dacx
EXHIBIT "A"
Page 6 of 10
•
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 7
• If the optional Subtask 4.1 is not executed by the City, this subtask will be utilized for SCS to
work with the City's selected surveyor on the required work; and
• Since the City will contract directly with qualified laboratories for required CQA testing, the
engineering hours in this subtask will be used for SCS to coordinate and review laboratory
testing that may be required for the project. SCS anticipates that required testing will
include, but not be limited to; the well aggregate (gradation and calcium carbonate content)
and cement stabilized sand fill (gradation, Atterberg limits, standard Proctor) will require
laboratory testing for verification of conformance with the specifications.
Our fee estimate for this subtask assumes that up to 6 hours/week for the Certifying Engineer or
qualified representative thereof will be sufficient over the assumed project duration (up to 7 weeks)
to complete the construction-phase engineering services.
In addition to the above construction-phase engineering services, the Certifying Engineer or
qualified representative will participate in bi-weekly project meetings by conference call, and attend
up to five (5) onsite inspections/meetings during the project, including a pre-construction meeting,
three (3) intermediate meetings/inspections; and a final inspection/walkthrough at substantial
completion.
SUBTASK 4.4 - CONSTRUCTION DOCUMENTATION REPORT
This subtask will include the preparation of a construction documentation report following project
completion. This report will include record drawings and surveys, including surveying of extraction
wells, piping at 50-foot intervals or less for pipe inflections, fittings, and valves, and other
infrastructure installed during the course of the project. The construction report will include a project
overview, record survey, results of lab and field testing, GCCS extraction well boring logs and
installation records, daily reports, and photographs taken during construction. The narrative portion
of the report will list project participants, construction milestone dates, and provide a description of
issues encountered during construction or areas that may warrant attention in the future.
A draft (electronic PDF format) and hard copy of the construction report will be provided to the City
within three (3) weeks of field work completion for review. Up to three (3) final hard copies for the
site's records and electronic PDF will be submitted within two (2) weeks after receiving comments.
The final report will have any edits per comments from City addressed, and will be sealed by a
professional engineer registered in the State of Texas.
PROPOSED FEE AND SCHEDULE
Table 1 provides the proposed schedule and fees for this work. In view of the well-defined nature of
Tasks 1, 2, 3, and 4.4; SCS proposes to perform these services on a fixed fee (lump sum) basis. In
order to remain flexible to adapt to field conditions and uncertainties associated with construction,
SCS proposes to perform the services for Tasks 4.1 through 4.3 on a time-and-materials basis. The
overall project budget will not be exceeded without prior approval of the City. SCS' fee schedule is
attached to this proposal.
\VaA-6021shveid2.n1EMPropmalalCoepux Chu\160055219 Ceh 2021 GCCS Expaana,P091619 Ceh 2021 GCCS apemen r2 docx
EXHIBIT "A"
Page 7 of 10
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 8
Table 1-Proposed Fees and Schedule
Task Description Sched u lel Fee
1 Design Submittals and Construction Plans October 2019 to December $55,000
2 Specifications and Front-End Documents 2020 $13,500
3 Bid-Phase Services December 2020 through April
$8,500
2021
4.1 Pre-Construction Survey(Optional SCS) GCCS Construction March $5,000
4.2 Field CQA Services through May 2021 $53,500
4.3 Construction-Phase Engineering Services $22,500
4.4 Construction Documentation Report $5,500
GRAND TOTAL $163,500
1 SCS understands, based on discussions with the City, that Task 3 may take more time than is shown in the schedule
above(from bidding through Contractor's notice-to-proceed)and that the schedule will be closely monitored and adjusted
as needed to accommodate the regulatory deadline of June 1,2019.
Regarding schedule, for the GCCS expansion into Cells 1B/1C, per the current NSPS requirements,
the new portions of the GCCS must be in-place and operational by June 1, 2021. As such, SCS will
work with the City in an expedited manner to complete the design and work through the City's
established processes for interim millstones and review cycles. The work in Tasks 1 and 2 for the
GCCS expansion design into Cell 3C will be prepared concurrently with the design of the expansion
into Cells 1B/1C. A schedule by task is included in Table 1 above.
This proposal's schedule assumes that we will be issued a notice-to-proceed by October 2019 to
accommodate all of the required work by the regulatory deadline; and that we will issue a detailed
project schedule within approximately one week of notice-to-proceed. This schedule will include, but
not be limited to, the following milestones for achieving completion by the regulatory deadline:
notice-to-proceed, interim review milestones, bidding and award, contractor's contract approval for
construction, and construction. SCS will keep the City apprised of progress in achieving the schedule
throughout the project.
CLOSING
SCS appreciates this opportunity to present this proposal for your consideration. If you have any
questions, please feel free to contact David Mezzacappa, P.E. at(817) 358-6108.
Sincerely,
alle;"
Ryan Kuntz, P.E. David Mezzac ppa, P.E.
Vice President/Satellite Unit Director Vice President/ Project Director
SCS ENGINEERS SCS ENGINEERS
TBPE Firm#F-3407
Attachment
\W d-fi02'shm0Dm\BD\PsoposJOCosps Chiist0160055219 Cote 2021 GCCS Esp.th \P091619 Cede 2021 GCCS Espana=sl docx
EXHIBIT "A"
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•
Mr. Jeffrey Edmonds, P.E.
September 16, 2019
Page 9
Cc: Larijai Francis, City of Corpus Christi (e-copy)
Marcus Flores, City of Corpus Christi (e-copy)
David Lehfeldt, City of Corpus Christi (e-copy)
Philip Aldridge, City of Corpus Christi (e-copy)
Tony Benavides, City of Corpus Christi (e-copy)
\Nber1-602NahereADataeBD\Pmpotelf\Cmpu Chrim1160055219 Cele 2021 GCCS EapmsimW91619 Cee 2021 OCCSEpemoa 72 dote
EXHIBIT "A"
Page 9 of 10
Environmental Management Consultants 1901 Central Drive 12651 Briar Forest Drive
Offices Nationwide Suite 550 Suite 205
Bedford,Texas 76021 Houston,Texas 77077
817.571.2288 Main 281.293.8494 Main
SCS ENGINEERS
SCS ENGINEERS FEE SCHEDULE
(Effective April 1, 2019 through March 31, 2020)
Rate/Hour($)
Business Unit Director 220
Sr. Project Advisor 215
Satellite Office Manager 210
Project Director II 205
Project Director I 190
Project Manager II 175
Project Manager I 160
CQA Manager 155
Project Professional III 155
Project Professional II 135
Project Professional I 125
Staff Professional III 115
Staff Professional II 105
Staff Professional I 100
Associate Staff Professional 90
CAD Designer 120
CAD Draftsperson 75
Office Service Manager 100
Secretarial/Clerical 70
Sr. Technician 100
Technician 90
CQA Technician 70
1. The hourly rates are effective through March 31, 2020. Work performed thereafter is subject
to a new Fee Schedule issued for the period beginning April 1, 2020. Consistent with federal
regulations, a factor of 150%will be applied to overtime hours for field personnel.
2. The above rates include salary, overhead, administration, and profit. Other direct expenses,
such as analyses of air, water and soil samples, reproduction, travel, subsistence,
subcontractors, long distance telephone, computers, etc., are billed at actual cost plus 15
percent. Vehicle mileage is billed at $0.55 per mile for autos and $0.66 per mile for company
trucks. Daily rates apply on long-term projects.
3. Invoices will be prepared monthly for work in progress unless otherwise agreed. Invoices are
due and payable upon receipt.
4. Payment of SCS Invoices for services performed will not be contingent upon the client's receipt
of payment from other parties, unless otherwise agreed. Client agrees to pay legal costs,
including attorney's fees, incurred by SCS in collecting any amount past due and owing on
client's account.
5. For special situations, such as expert court testimony and limited consultation,hourly rates for
principals of the firm will be on an individually-negotiated basis.
M:BD\Fee Sched\\2017\SCS Eng Office 16 Fee schedule 040119-033120
EXHIBIT "A"
Page 10 of 10
Sample form for:
Payment Request
COMPLETE PROJECT NAME AE Contract •
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% .
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00, $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
O & M Manuals TBD_ TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
77m
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EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
1 .2 Consultant must furnish to the Director of Contracts and Procurement with the
signed agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. A waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1 ,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
and identify any limitations regarding
who is insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1 .5 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs resulting
Rev 09/19
Exhibit C
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from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Contracts and Procurement
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 If the policy is cancelled, other than for nonpayment of premium,
notice of such cancellation will be provided at least 30 days in advance of
the cancellation effective date to the certificate holder;
1.6.2 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective date
to the certificate holder.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall notify City of such lapse in coverage and provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Consultant's performance should there be a lapse in coverage at
any time during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to withhold any payment(s) if any, which
become due to Consultant hereunder until Consultant demonstrates compliance with the
requirements hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of Corpus
Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2 Rev 09/1 9
Exhibit C
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Table of Contents
Page
Article 1—Definitions and Terminology 2
Article 2—Preliminary Matters 8
Article 3—Contract Documents: Intent, Requirements, Reuse 8
Article 4—Commencement and Progress of the Work 9
Article 5—Availability of Lands;Subsurface, Physical and Hazardous Environmental Conditions 9
Article 6—Bonds and Insurance 10
Article 7—Contractor's Responsibilities 10
Article 8—Other Work at the Site 10
Article 9—Owner's and OPT's Responsibilities 10
Article 10—OAR's and Designer's Status During Construction 11
Article 11—Amending the Contract Documents;Changes in the Work 13
Article 12—Change Management 13
Article 13—Claims 14
Article 14—Prevailing Wage Rate Requirements 16
Article 15—Cost of the Work;Allowances; Unit Price Work 16
Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 16
Article 17—Payments to Contractor;Set-Offs;Completion; Correction Period 16
Article 18—Suspension of Work and Termination 16
Article 19—Project Management 16
Article 20—Project Coordination 16
Article 21—Quality Management 17
Article 22—Final Resolution of Disputes 17
Article 23—Minority/MBE/DBE Participation Policy 17
Article 24—Document Management 17
Article 25—Shop Drawings 17
Article 26—Record Data 20
Article 27—Construction Progress Schedule 21
Article 28—Video and Photographic documentation 21
Article 29—Execution and Closeout 21
Article 30—Miscellaneous 22
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ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Terms with initial capital letters, including the term's singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined,terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2. Agreement - The document executed between Owner and Contractor covering the
Work.
3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4. Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8. Bidder-An individual or entity that submits a Bid to Owner.
9. Bidding Requirements-The Invitation for Bids, Instructions to Bidders, Bid Security, Bid
Form and attachments,and required certifications.
10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier's check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form,refers to individual instrument.
12. Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times, or terms and conditions of the Contract.
13. Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a. Requesting an adjustment in Contract Price or Contract Times;
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b. Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c. Challenging a set-off against payment due;or
d. Seeking a Modification with respect to the terms of the Contract.
14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as
identified at the preconstruction conference or in the Notice to Proceed.
15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor is not a Claim.
16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other
materials that are or become listed, regulated,or addressed pursuant to:
a. The Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. ("CERCLA");
b. The Hazardous Materials Transportation Act,49 U.S.C. §§5101 et seq.;
c. The Resource Conservation and Recovery Act,42 U.S.C. §§6901 et seq. ("RCRA");
d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.;
e. The Clean Water Act, 33 U.S.C. §§1251 et seq.;
f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or
g. Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous,toxic,or dangerous waste,substance,
or material.
17. Contract-The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18. Contract Amendment-A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a. Authorizes new phases of the Work and establishes the Contract Price, Contract
Times, or terms and conditions of the Contract for the new phase of Work; or
b. Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19. Contract Documents - Those items designated as Contract Documents in the
Agreement.
20. Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications,and increases or decreases in unit price quantities,if any,that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21. Contract Times-The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
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b. Achieve Substantial Completion; and
c. Complete the Work.
22. Contractor-The individual or entity with which Owner has contracted for performance
of the Work.
23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work-The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections, reference standards,
tests,or approvals referred to in the Contract Documents; or
c. Has been damaged or stolen prior to OAR's recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26. Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27. Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract-The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order-A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition -The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations,and the
requirements of the Contract.
31. Indemnified Costs-All costs,losses,damages,and legal or other dispute resolution costs
resulting from claims or demands against Owner's Indemnitees. These costs include
fees for engineers,architects, attorneys,and other professionals.
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32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes,rules,regulations,
ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts
having jurisdiction over the Project.
33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34. Milestone-A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
c. Field Order;or
d. Work Change Directive.
36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City's officers, employees, agents, or
representatives,authorized to administer design and construction of the Project.
39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner's Indemnitees-Each member of the OPT and their officers,directors, members,
partners,employees,agents, consultants, and subcontractors.
41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use- Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule-A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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45. Resident Project Representative or RPR-The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46. Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents-A schedule of required documents, prepared, and maintained
by Contractor.
48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor's Applications for Payment.
49. Selected Bidder-The Bidder to which Owner intends to award the Contract.
50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings,whether approved or not,are not
Drawings and are not Contract Documents.
51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications-The part of the Contract that describes the requirements for materials,
equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor-An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion -The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions-The part of the Contract that amends or supplements the
General Conditions.
56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or.vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data-Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities;or
c. Hazardous Environmental Conditions at the Site.
58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
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steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals,or traffic or other control systems.
59. Unit Price Work-Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive -A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to "at no additional cost to Owner,"
"at Contractor's expense,"or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words "furnish," "install," "perform," and "provide" have the following
meanings when used in connection with services, materials,or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
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3. Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4. Perform or provide the specified services, materials,or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words "furnish," "install," "perform," or
"provide."
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind,class, and type even though the word
"all" is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words "furnish," "install," "perform," "provide," or
similar words include the meaning of the phrase "The Contractor shall..." before these
words.
3. Unless specifically stated that action is to be taken by the OPT or others,it is understood
that the action described is a requirement of the Contractor.
G. Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H. Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT's project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I. Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2—PRELIMINARY MATTERS
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS,REUSE
3.01 Intent
B. Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards,whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable,or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer's or OAR's interpretation by submitting a Change Proposal.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT's obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications; and
6. Advise OPT of Designer's findings, conclusions,and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer's findings,
conclusions,and recommendations.
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5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer's findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer's findings, conclusions, and
recommendations.
ARTICLE 6—BONDS AND INSURANCE
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
ARTICLE 8—OTHER WORK AT THE SITE
ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06 Insurance
9.07 Modifications
9.08 Inspections,Tests,and Approvals
A. OPT's responsibility with respect to certain inspections,tests,and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT's Responsibilities
A. The OPT does not supervise,direct, or have control or authority over, and is not responsible
for Contractor's means, methods,techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION
10.01 Owner's Representative
A. OAR is Owner's representative. The duties and responsibilities and the limitations of
authority of OAR as Owner's representative are described in the Contract Documents.
10.02 Visits to Site
A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer's visits and observations are
subject to the limitations on Designer's authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's
quality assurance program, and administer the Contract as Owner's representative as
described in the Contract Documents. OAR's visits and observations are subject to the
limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives' authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A. Designer's authority related to Shop Drawings and Samples are described in the Contract
Documents.
B. Designer's authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer's authority related to Modifications is described in Article 11.
D. OAR's authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor
does not agree with the Designer's decision.
10.07 Limitations on OAR's and Designer's Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor's Team.
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ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK
ARTICLE 12—CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals '
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT's description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies,fuels,and materials;
5) Royalties and patent fees;
6) Bonds and insurance;
7) Overhead and profit;
8) Field office costs;
9) Home office cost; and
10) Other items of cost.
d. Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
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provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e. Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change. Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor's risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13—CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence.Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim; or
2. After a final decision on a Change Proposal has been made.
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C. Claims by Contractor that are not received within the time period provided by section
13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete,and that to the best of Contractor's knowledge and belief,the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor,including those
alleging an error or omission by Designer but excluding those arising under Section 7.12,shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise; or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action,the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
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ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK
ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD
ARTICLE 18—SUSPENSION OF WORK AND TERMINATION
ARTICLE 19— PROJECT MANAGEMENT
ARTICLE 20—PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation,or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request fora Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
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ARTICLE 21—QUALITY MANAGEMENT
ARTICLE 22—FINAL RESOLUTION OF DISPUTES
ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24—DOCUMENT MANAGEMENT
ARTICLE 25—SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general,to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor's Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors,textures,or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does,in general,conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
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25.05 Special Certifications and Reports
25.06 Warranties and Guarantees
25.07 Shop Drawing Submittal Procedures
25.08 Sample and Mockup Submittal Procedures
25.09 Requests for Deviation
25.10 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article for general conformance with the Contract Documents.
1. Designer's review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Designer's review and approval will not extend to means, methods, techniques,
sequences,or procedures of construction or to safety precautions or programs incident
thereto.
3. Designer's review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B. Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1. Designer will respond to Contractor's markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2. Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a. Approved: Shop Drawing is found to be acceptable as submitted.
b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
c. Not Approved: Shop Drawing or products described are not acceptable.
3. Shop Drawing will also be designated for one of the following actions:
a. Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b. Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
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c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g. Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4. Drawings with a significant or substantial number of markings by the Contractor may be
marked "Approved as Noted" and "Resubmit with corrections made." These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5. Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as "At Variance With" (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations,then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D. Requested deviations will be reviewed as possible Modification to the Contract Documents.
1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2. A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3. A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
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Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the
Shop Drawing process is closed.
F. Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26—RECORD DATA
26.01 Work Included
26.02 Quality Assurance
26.03 Contractor's Responsibilities
26.04 Record Data Requirements
26.05 Special Certifications and Reports
26.06 Warranties and Guarantees
26.07 Record Data Submittal Procedures
26.08 Designer's Responsibilities
A. Record Data will be received by the Designer, logged,and provided to Owner as the Project
record.
1. Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2. Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3. Contractor's responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B. Designer may take the following action in processing Record Data:
1. File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of "Filed as
Received" and no further action is required on that Record Data.
2. Reject the Record Data for one of the following reasons:
a. The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
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s
Drawing. The Record Data will be marked "Rejected"and "Submit Shop Drawing."
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b. The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and
Resubmit." Contractor is to resubmit the Record Data until it is acceptable and
marked "Filed as Received." When Record Data is filed, no further action is
required and the Record Data process will be closed.
c. The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked "Rejected" and "Cancel
-Not Required." No further action is required and the Record Data process will be
closed.
C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as
Received."
ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29—EXECUTION AND CLOSEOUT
29.01 Substantial Completion
A. Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B. OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C. Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1. Designer will notify the Contractor of items that must be completed before the Project
will be considered substantially complete.
2. Correct the noted deficiencies in the Work.
3. Notify the Designer when the items of Work in the Designer's notice have been
completed.
4. OPT will revisit the Site and repeat the process.
5. Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6. Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
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29.02 Final Inspections
A. Notify the Designer when:
1. Work has been completed in compliance with the Contract Documents;
2. Equipment and systems have been tested per Contract Documents and are fully
operational;
3. Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4. Specified spare parts and special tools have been provided; and
5. Work is complete and ready for final inspection.
B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C. Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E. Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30—MISCELLANEOUS
END OF SECTION
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