HomeMy WebLinkAboutAgenda Packet City Council - 07/21/2020City Council
City of Corpus Christi
Meeting Agenda - Final-revised
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Council Chambers11:30 AMTuesday, July 21, 2020
Addendums may be added on Friday.
A.Mayor Joe McComb to call the meeting to order.
B.Invocation to be given by Mayor Joe McComb.
C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag.
D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary’s instructions, which shall be posted
on the City Secretary’s door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:
a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS
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July 21, 2020City Council Meeting Agenda - Final-revised
G.MINUTES:
1.20-0833 Regular Meeting of July 14, 2020 and Special Meeting of July 8, 2020.
H.BOARD & COMMITTEE APPOINTMENTS:
2.20-0835 Planning Commission (3 vacancies)
Airport Zoning Commission (3 vacancies)
Corpus Christi Commission on Children & Youth (11 vacancies)
I.EXPLANATION OF COUNCIL ACTION:
J.CONSENT AGENDA: (ITEMS 3 - 12)
3.20-0719 One-Reading Ordinance approving an agreement between the City of
Corpus Christi and the Corpus Christi Business and Job Development
Corporation in an amount up to $500,000 for Type A funding of arterial and
collector streets within the City; approving a Chapter 380 agreement in an
amount up to $500,000 with United Way of the Coastal Bend for nonprofit
organizations; appropriating an amount up to $500,000 from the
unreserved fund balance of the Business and Job Development Fund for
use on the arterial and collector street improvements; amending the
operating and capital budget.
Sponsors:Chief Financial Officer and Finance & Business Analysis
Consent - Second Reading Ordinances
4.20-0167 Ordinance approving a three year Business Incentive Agreement between
the Type B Corporation and The Botanical and Nature Institute of South
Texas, Inc. dba South Texas Botanical Gardens & Nature Center in the
amount of $89,000 for the resurfacing of the nature trail at 8545 South
Staples Street, effective upon signature of the City Manager or designee;
appropriating funds in the amount of $89,000 from the Type B Economic
Development Fund; and amending the budget.
Sponsors:Economic Development
5.20-0804 Ordinance changing the name of William Street to Lomax Street located in
City Council District 1. (Requires at least 3/4 majority vote for approval)
Sponsors:Public Works/Street Department
Consent - Contracts and Procurement
6.20-0871 Motion authorizing William Street as the honorary street name for Lomax
Street and the installation of two illuminated signs mounted at two
intersections that bear the honorary street name.
Sponsors:Public Works/Street Department
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July 21, 2020City Council Meeting Agenda - Final-revised
7.20-0774 Resolution authorizing execution of Professional Service Agreement
between the Corpus Christi-Nueces County Public Health District and
Texas A&M University-Corpus Christi for COVID 19 modeling for an
amount not to exceed $217,840.
Sponsors:Planning & Environmental Services and Health Department
8.20-0725 Motion authorizing a three-year supply agreement with Ennis-Flint, Inc. from
Thomasville, North Carolina, in amount not to exceed $134 ,970.72 for the
purchase of traffic control thermoplastic pavement markings material for
the Public Works Department, with FY 2020 funding in the amount of
$7,498.37 available through the Streets Fund.
Sponsors:Public Works/Street Department and Contracts and Procurement
9.20-0761 Motion authorizing a purchase of three John Deere mini excavators from
Doggett Heavy Machinery Services, LLC., in an amount of $277,780.00,
for the Utilities Department, effective upon issuance of letter of acceptance,
with FY 2020 funding in an amount of $138,906.00 available in the Fleet
Maintenance Services Fund and $138,874.00 available in the Water Fund .
Sponsors:Utilities Department and Contracts and Procurement
Consent - Capital Projects
10.20-0113 Motion authorizing the renewal of four Facilities Master Services
Agreement Contracts for the second year of a two-year term, with no
guaranteed minimum and a maximum aggregate of $2,500,000 per
agreement in any one-year with Barcom Construction, Davila Construction,
Gourley Contracting and Teal Construction, all construction contractors
located within City, for minor construction, repair, rehabilitation, and
alteration services for city facilities located City wide, funding is approved
with the delivery orders and available through FY 2020 Capital
Improvements Program and 2018 Bond Program.
Sponsors:Engineering Services and Asset Management Department
11.20-0685 Motion awarding four Master Service Agreements to provide design
services for general renovations for multiple citywide facility projects with
interior, exterior, mechanical, electrical, plumbing, and site civil design
services for Bond and Capital Improvement Projects to Gignac &
Associates LLP, LNV Inc, WKMC Architects, Inc and Bath Group, Inc, all
firms are located in Corpus Christi, Texas, for an initial amount up to
$200,000 per contract per year with one additional renewal option to be
administratively authorized for a total not to exceed $400,000, funding will
be approved with the delivery orders and is available through FY 2020
Capital Improvements Program and the recommended Bond Program.
Sponsors:Engineering Services and Asset Management Department
12.20-0734 Motion authorizing execution of Change Order number 8 for the removal
and replacement of the Master Channel 31 culvert structure on the Rodd
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July 21, 2020City Council Meeting Agenda - Final-revised
Field Road Expansion project, located in Council District 5, with
Haas-Anderson Construction in the amount of $1,399,932 for a total
restated fee of $17,277,353.76, with funding available from the Stormwater
FY 2020 Capital Improvement Program Budget.
Sponsors:Engineering Services and Public Works/Street Department
General Consent Items
K.RECESS FOR LUNCH
L.PUBLIC HEARINGS: (ITEM 13)
13.20-0769 Ordinance adopting the fiscal year (FY) 2020-2021 Consolidated Annual
Action Plan (CAAP) for the Community Development Block Grant (CDBG)
budget in the amount of $2,758,645, the Emergency Solutions Grant (ESG)
budget in the amount of $232,899, and the HOME Investment Partnerships
(HOME) budget in the amount of $1,141,628 for a total of $4,133,172.00 of
entitlement funding from the United States Department of Housing and
Urban Development (HUD) and authorizing the execution of all necessary
documents to submit the CAAP, authorizing a staff complement of 26
positions; accept and appropriate funding for the approved CAAP projects
and further execute funding agreements, amendments or other documents
necessary to implement the FY2020-2021 CAAP with organizations for
approved projects.
Sponsors:Grant Monitoring
M.REGULAR AGENDA:
N.FIRST READING ORDINANCES: (ITEM 14 - 16)
14.20-0755 Ordinance amending the Fire Prevention Permit Fee Schedule of the
Corpus Christi Code of Ordinances that will add nine additional fees that
were previously collected by a third-party consultant .
Sponsors:Fire Department
15.20-0733 Ordinance authorizing Change Order No. 19 with PLW Cadagua Partners
of The Woodlands, Texas, for several additional scope items to O.N
Stevens Water Treatment Plant High Service Building No. 3 in the amount
of $549,603.44, located in City Council District 1, for a total contract value
not to exceed $23,336,407.53 and amending the FY 2020 Capital
Improvement Program budget.
Sponsors:Engineering Services and Utilities Department
16.20-0808 Ordinance accepting and appropriating $3,592,094.00 in the City of
Corpus Christi's Emergency Management Grants Fund as a partial
disbursement from the Coronavirus Relief Fund, established by the
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July 21, 2020City Council Meeting Agenda - Final-revised
CARES Act and provided through the Texas Department of Emergency
Management, for prevention, preparation for, and response to the
COVID-19 pandemic.
Sponsors:Finance & Business Analysis
O.BRIEFINGS: (ITEM 17)
17.20-0860 Staff Professional Recommendation of Proposed 2020 Bond to City
Council for input and discussion
Sponsors:Engineering Services
P.EXECUTIVE SESSION: (ITEMS 18 - 20)
18.20-0855 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to matters in collective
bargaining agreement(s) with the Corpus Christi Professional Firefighters’
Association, and potential approval in open session of collective
bargaining agreement with the Corpus Christi Professional Firefighters’
Association.
19.20-0878 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to the TIRZ #4
Development Reimbursement Agreement-The Frazier and Service
Agreement No. 2901 Contract for Professional Services for Phase I of
the North Beach Navigable Canal Project
Q.IDENTIFY COUNCIL FUTURE AGENDA ITEMS
R.ADJOURNMENT
Page 5 City of Corpus Christi Printed on 7/20/2020
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
6:30 PM Council ChambersWednesday, July 8, 2020
SPECIAL CITY COUNCIL MEETING
Mayor Joe McComb to call the meeting to order.A.
Mayor McComb called the meeting to order at 6:32 p.m.
City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.B.
City Secretary Rebecca L. Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and
City Secretary Rebecca L. Huerta.
NOTE: Council Member Michael Hunter participated telephonically. Council
Members Greg Smith, Ben Molina, and Roland Barrera participated by video
conference.
Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
Present:9 -
Page 1City of Corpus Christi Printed on 7/10/2020
July 8, 2020City Council Meeting Minutes
PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary’s instructions, which shall be posted on
the City Secretary’s door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
C.
REGULAR AGENDA:D.
1.Update and possible action on items related to COVID-19.
Mayor McComb referred to Item 1.
City Manager Peter Zanoni presented opening comments: 445 cases in one
day; 4,400 active cases; 35 deaths to date; and the best thing to do is stay home
and work from home if able.
Director of Public Health District Annette Rodriguez presented an update on
the following topics regarding COVID 19: current statistics; Texas notifiable
conditions 2020; health district-drive thru; COVID-19 lowlights; Corpus
Christi-Nueces County Health District standing orders; it's everywhere, how do I
stay safe; general population: COVID-19 contact to a known positive;
mandatory 14 day quarantine; employer's do's and do not's; call health district
to confirm someone is positive; surveillance of places with two plus cases;
convalescent plasma; and home monitoring and resolution of symptoms.
Executive Director of the Coastal Bend Regional Advisory Council Hilary Watt
presented information on the following topics: testing is at 15%; 1,017 ICU beds
are available in the state of Texas; a lack of staffing at Corpus Christi hospitals;
40 ventilators available; alternate care sites are being identified; and a
recommendation to reach out to Governor Abbott to provide naval hospital
ships to house patients.
Page 2City of Corpus Christi Printed on 7/10/2020
July 8, 2020City Council Meeting Minutes
Council Members, Director Rodriguez, Executive Director Watt and City
Manager Zanoni discussed the following topics: a flow chart is available for
employers on the Public Health District's website; volunteer workers and staff
are keeping track of recovered cases; if any patterns from private labs are
having issues with false positive or false negatives; an antigen swab is the
newest test being administered; at least 50% of the population in Nueces
County has comorbidities; low dose oral steroids are given to patients prior to
hospitalization; a council member's request to ask local doctors about the use
of corticosteroids; the doctors are working together and very involved in
suggesting treatments; in terms of looking at an individual with symptoms, is
anyone tracking the length of time those symptoms last; no strains of COVID-19
have changed since March; if tested with the health district you get your test
results back that same day; if tested with a clinic or National Guard the test
results take approximately 4 to 6 days; the blood bank has had a lot of type A
and type O blood types, but they are in need of more B positive blood types;
what can City staff do to accelerate the test results from other labs; is the
testing capacity being used to its fullest; approximately 200 to 300 tests are
being administered daily; and a portion of the Memorial Hospital was
identified as a possible alternate care site.
ADJOURNMENTE.
The meeting was adjourned at 7:55 p.m.
Page 3City of Corpus Christi Printed on 7/10/2020
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersTuesday, July 14, 2020
Addendums may be added on Friday.
Mayor Joe McComb to call the meeting to order.A.
Mayor McComb called the meeting to order at 11:33 a.m.
Invocation to be given by Mayor Joe McComb.B.
Mayor McComb gave the invocation.
Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C.
Mayor McComb led the Pledge of Allegiance to the flag of the United States
and the Texas Flag.
City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D.
City Secretary Rebecca L. Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and
City Secretary Rebecca L. Huerta.
Note: Council Members Roland Barrera, Greg Smith and Gil Hernandez
participated by video conference. Council Member Michael Hunter participated
telephonically.
Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
Present:9 -
Page 1City of Corpus Christi Printed on 7/17/2020
July 14, 2020City Council Meeting Minutes
PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary’s instructions, which shall be posted on
the City Secretary’s door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
E.
Mayor McComb referred to comments from the public.
The following citizens submitted public comments which are attached to the
minutes:
Oscar Dodier, 130 Watson St.; Anne-Marie Gavlas, 5329 Crossridge Dr.; Brenda
Cantu; Ronda Wickel; John Bowman, 14409 Pentridge Dr.; Lilly Schulke;
Destiny Flores, 2633 Riggan St.; Rebecca Bradford, 5701 Oso Parkway; Twyla
Oliva; and Melissa Hughson.
The following citizen called in support of Item 21:
Gloria Hicks, 5226 Grenbriar.
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F.
Mayor McComb referred to City Manager's Comments. City Manager Peter
Zanoni reported on the following topics: Bay Ltd. laid off a large number of
employees due to the pandemic. The City is two years behind on bond-funded
street maintenance program. Bay agreed to hire back staff to expedite the
street work. The work should be completed by August 2021.
GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa.
Director of Public Health District Annette Rodriguez presented an update on
COVID 19: COVID-19 statistics for the U.S. and Texas; mortality count by month;
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July 14, 2020City Council Meeting Minutes
PCR and serology positive cases per age group; 16 to 25 and 30 to 40 year
olds=super spreaders; pharmacy prescriptions; health district phone bank;
convalescent plasma donation; and offers for testing supplies.
Council Members, City Manager Peter Zanoni and Director of Public Health
District Annette Rodriguez discussed the following topics: physicians do not
feel comfortable using corticoid steroids at this time; the statistics will be
posted on the City's website; the Department of State Health Services will take
over the contact tracing if the City has more than 50 per day; a Council
Member's concern that the delay in getting test results is inadequate for
contact tracing; standing orders are put in place for nursing homes and jails
moving testing over to pre-treatment; vitamins are being offered to individuals
who test positive to COVID-19; a Council Member reported that business
owners are offering the use of their facilities for storage; the health district is in
need of analyzing 750 test kits; no word from the Governor on another stay at
home order; people are being told to stay home until their results come back;
a Council Member's concern about schools re-opening; and the Mayor and City
Manager had a meeting with the superintendents concerning the plan for
school starting back up, including charter, public schools and colleges.
MINUTES:G.
1.Regular Meeting of June 23, 2020
A motion was made by Council Member Molina, seconded by Council Member
Roy that the Minutes be approved. The motion carried by a unanimous vote.
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
BOARD & COMMITTEE APPOINTMENTS:H.
2.Library Board (2 vacancies)
Mayor McComb referred to Item 2.
Library Board
Council Member Molina nominated Kirby Tello. Council Member Smith
nominated David Watson.
Council Member Molina made a motion to appoint Kirby Tello and David
Watson, seconded by Council Member Guajardo and passed unanimously.
EXPLANATION OF COUNCIL ACTION:I.
CONSENT AGENDA:(ITEMS 3 - 18)J.
Consent - Second Reading Ordinances
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July 14, 2020City Council Meeting Minutes
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council members requested
that Items 16 and 18 be pulled for individual consideration. City Manager Peter
Zanoni requested that Item 11 be withdrawn from the agenda.
There were no comments from the Council.
A motion was made by Council Member Garza, seconded by Council Member
Guajardo to approve the Consent Agenda with the exception of Items 11, 16
and 18. The consent agenda was approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
3.Ordinance accepting a $50,000 grant from the Office of the Governor’s
Homeland Security Grants Division for FY2021 Local Border Security
Program; and appropriating $50,000 in Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032153
4.Ordinance abandoning and vacating a utility easement (1,502 square
feet), with dimensions of 5-foot wide by approximately 300-feet, out of
Lots 1, 2, 3 and 7, Block 4, in Ocean Drive Addition located at 5601
Ocean Drive.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032154
5.Ordinance accepting a $25,000 grant from the Texas Historical
Commission Certified Local Government program for the Historic
Preservation Plan Update project with a City match of $25,000;
appropriating $25,000 for City matching funds; and amending the
Operating Budget by increasing expenditures by $25,000.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032155
Consent - Contracts and Procurement
6.Motion authorizing a two-year supply agreement with GT Distributors, Inc.
in an amount not to exceed $202,238.76, for the purchase of ammunition
for different weapons for the Corpus Christi Police Department, with FY
2020 funding in an amount of $25,300.00 available in the General Fund.
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This Motion was passed on the consent agenda.
Enactment No: M2020-109
7.Motion authorizing a two-year supply agreement with Galls, LLC for an
amount not to exceed $327,574.00, for the purchase of police uniforms
and protective gear, with FY 2020 funding in the amount of $33,700.00
available in the General Fund and $7,275.00 available in the Corpus
Christi Crime Control Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-110
8.Motion authorizing five, three-year supply agreements for the purchase of
medical supplies for the Corpus Christi Fire Department, with an
agreement with each of the following vendors: Bound Tree Medical, LLC
in an amount not to exceed $414,500.00; Henry Schein, Inc. in an amount
not to exceed $244,800.00; Life-Assist, Inc. in an amount not to exceed
$92,800.00; Medline Industries, Inc. in an amount not to $147,700.00
and Quadmed, Inc. in an amount not to exceed $132,200.00, with FY
2020 funding in an amount of $86,000.00 available in the General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-111
9.Motion authorizing Amendment No. 2 with Aclara Technologies, LLC, for
professional services, hardware, and software necessary to upgrade the
automatic meter reading system and provide a customer portal to view
utility consumption and history for an amount not to exceed
$1,245,250.02, effective upon execution of the amendment, with FY 2020
funding in an amount of $602,431.26 available in the Water Fund and
$361,458.76 available in the Gas Fund .
This Motion was passed on the consent agenda.
Enactment No: M2020-112
10.Motion authorizing a one-year service agreement with Great South Texas
Corp dba Computer Solutions in an amount of $85,146.87 for the
maintenance renewal for Cisco Smartnet for support for a hardware and
software network infrastructure upgrade, effective upon issuance of a
notice to proceed, with FY 2020 funding in the amount of $85,146.87
available in the information Technology Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-113
11.Motion authorizing the purchase of five light duty pickup trucks from
Silsbee Ford in an amount of $203,525.00, for the Gas Operations
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July 14, 2020City Council Meeting Minutes
Department, effective upon issuance of a notice of acceptance, with FY
2020 funding in an amount of $203,525.00 available in the Gas Fund.
This Motion was withdrawn.
12.Motion authorizing a three-year service agreement with Rush Truck
Centers of Texas, LP, for a total amount not to exceed $2,619,000.00, for
off-site repairs to Peterbilt vehicles and equipment for Asset
Management, effective upon issuance of notice to proceed, with FY 2020
funding in the amount of $218,250.00 available in the Fleet Maintenance
Service Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-114
13.Motion authorizing a three-year supply agreement with O’Reilly’s for an
amount not to exceed $420,000.00 for the purchase of automotive
maintenance parts for Asset Management, effective upon issuance of
notice to proceed, with FY 2020 funding in an estimated amount of
$35,000.00 available through the Fleet Maintenance Service Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-115
14.Motion authorizing a two-year supply agreement with Omicron Controls
for an amount not to exceed $70,175.60, for the purchase of large water
(flow) meters used by the Utilities Department, effective upon issuance of
notice to proceed, with FY 2020 funding in the amount of $17,550.00
available in the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-116
15.Motion authorizing a three-year supply agreement with Camacho
Demolition, LLC, for a total amount not to exceed $234,000.00, for the
purchase of crushed concrete for Solid Waste Operations on all weather
roads, effective upon issuance of a notice to proceed, with FY 2020
funding in the amount of $19,500.00 available in the General Fund .
This Motion was passed on the consent agenda.
Enactment No: M2020-117
Consent - Capital Projects
16.Motion awarding a construction contract to J Carroll Weaver for
reconstruction of Swantner Drive from Indiana Avenue to Texan Trail,
Chamberlain Street from Swantner Drive to Reid Drive and Glazebrook
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July 14, 2020City Council Meeting Minutes
Drive from Swantner Drive to Reid Drive, located in Council District 2,
with new asphalt pavement and utility improvements in the amount of
$7,113,357.76 with funding available from the Street Bond 2018 and FY
2020 Storm Water, Wastewater, Water and Gas Funds.
Mayor McComb referred to Item 16.
Director of Engineering Services Jeff Edmonds presented information on the
following topics: cross section; Lindale area; and typical road bond project
cost breakdown.
Council Members and Director of Engineering Services Jeff Edmonds discussed
the following topics: a Council Member's concern regarding the funding
process; the bond projects usually get started with limited information and
information is sometimes unknown until the design process begins; the
timeline for the project to be fully contracted is approximately six to eight
weeks; a Council Member's request for additional construction to be done from
Reid Drive to Glazebrook Drive; and an additional $800,000 will need to be
identified for that construction.
Council Member Molina made a motion to approve this motion, seconded by
Council Member Smith. This Motion was passed and approved with the
following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
Enactment No: M2020-118
General Consent Items
17.Resolution amending Financial Budgetary Policies adopted by
Resolution 031821 and providing financial policy direction on preparation
of the annual budgets.
This Resolution was passed on the consent agenda.
Enactment No: 032156
18.Resolution authorizing developer participation agreement with Walker
Holdings and Development, LLC to reimburse developer up to
$698,177.56 for construction of Silverado Drive, Emory Drive and
stormwater drainage channel improvements as part of a City initiated
effort to incentivize single-family housing in Calallen near Steel Dynamics
plant in nearby Sinton, Texas. (District 1)
Mayor McComb referred to Item 18.
City Secretary Huerta announced that Council Member Roy would be recusing
himself from the vote.
Page 7City of Corpus Christi Printed on 7/17/2020
July 14, 2020City Council Meeting Minutes
Director of Development Services Al Raymond presented information on the
following topics: master preliminary plat; location and zoning map; project
map streets; project map drainage; vicinity map to Steel Dynamics; and staff's
recommendation.
Council Members, City Manager Peter Zanoni, Developer of Walker Holdings
Lance Walker, Director Raymond, and Mike Johnston with Development
Services discussed the following topics: the Unified Development Code has
prohibitive language and gives the City latitude for participation agreements; a
Council Member's concern that the City develop a formal policy regarding
vacant land; at least 50% of Steel Dynamics workforce will live in Corpus
Christi, and in particular the Calallen area, and the other 50% will live in the
Rockport area; housing development in the Calallen area is more challenging
because of the storm water run off and drainage situations; the City's financial
participation will help with the drainage and road conditions; Calallen has
some great amenities such as school districts and parks; there is ample fire
and police protection nearby; if public improvement district options were
considered for funding of this project when discussing it with the developer;
public improvement district's place an additional assessment on the home; the
concrete roads constructed by the developer were an exception to the UDC;
$699,000 is a lot of money for a small number of lots; what is the total plan for
the acreage, and are the drainage channels temporary or permanent; the
homes will range from $200,000 to $280,000, the school system is strong, and
there are shopping and amenities nearby; the layout of the subdivision is nice
with more cul-de-sacs and all brick homes; an HEB could be built on Northwest
Blvd. in the future; this is a one time investment for the City; everyone needs to
play by the same rules for projects; Development Services is in the process of
updating and amending the UDC; the UDC does not prohibit funding of
residential collector streets; the focus is being in compliance with the state
regulations, but the UDC is just for guideline purposes and has no enforcement;
and the money is coming from the bonds not the budget.
Council Member Barrera made a motion to approve this resolution, seconded
by Council Member Molina. This Resolution was passed and approved with
the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina and Council Member Smith
8 -
Abstained:Council Member Roy1 -
Enactment No: 032157
RECESS FOR LUNCHM.
The recess for lunch was held from 1:45 to 2:22 p.m.
REGULAR AGENDA:O.
FIRST READING ORDINANCES: (ITEM 21)P.
21.Ordinance approving a three year Business Incentive Agreement
Page 8City of Corpus Christi Printed on 7/17/2020
July 14, 2020City Council Meeting Minutes
between the Type B Corporation and The Botanical and Nature Institute
of South Texas, Inc. dba South Texas Botanical Gardens & Nature Center
in the amount of $89,000 for the resurfacing of the nature trail at 8545
South Staples Street, effective upon signature of the City Manager or
designee; appropriating funds in the amount of $89,000 from the Type B
Economic Development Fund; and amending the budget.
Mayor McComb deviated from the agenda and referred to Item 21.
Director of Economic Development Mike Culbertson presented information on
the following topics: project descriptions; aerial view; potential match; and
South Texas Botanical Gardens & Nature Center - Oso Creek Loop Trail.
Council Members, Director Culbertson, and Executive Director of South Texas
Botanical Gardens & Nature Center Michael Womack discussed the following
topics: the final approval from Texas Parks and Wildlife will be sometime
between September and April.
Council Member Molina made a motion to approve the ordinance, seconded
by Council Member Garza. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
PUBLIC HEARINGS: (ITEM 20)N.
20.Ordinance changing the name of William Street to Lomax Street located
in City Council District 1. (Requires at least 3/4 majority vote for approval)
Mayor McComb deviated from the agenda and referred to Item 20.
Director of Public Works Department Richard Martinez presented information
on the following topics: section 7 of the City policy; only one objection from
the Landmark Commission; and the requester agreed to pay the cost of
replacing all the street signs.
Mayor McComb opened the public hearing. The following individual submitted
written public comment, which was read into the record:
Jillian Becquet, 6313 N. Washam Dr.
Council Members, City Manager Peter Zanoni and Director Martinez discussed
the following topics: a Council Member is in support of this Item, but it goes
against the Council policy; a Council Member's request to preserve the history
by having a ceremonial street name placard with the existing street name; the
street name would be legally changed to Lomax, but the placard would be an
honorary sign; the street name "William" is not named after the founder of the
City of Corpus Christi; and it is unknown who William Street was named after.
Mayor McComb closed the public hearing.
Page 9City of Corpus Christi Printed on 7/17/2020
July 14, 2020City Council Meeting Minutes
Council Member Barrera made a motion to approve the ordinance, seconded
by Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
RECESS TO CORPORATION MEETING: (ITEM 19)K.
19.Special Board Meeting of the Corpus Christi Housing Finance
Corporation regarding the redevelopment of the Ward Building.
The corporation meeting was held.
RECONVENE COUNCIL MEETINGL.
BRIEFINGS: (ITEM 22)Q.
22.Introduction presentation on the potential of a new Tax Increment
Reinvestment Zone
Mayor McComb referred to Item 22.
Director of Finance and Business Analysis Heather Hurlbert presented
information on the following topics: project overview; project aerial view;
project master plan; TIRZ parameters; townhome elevation; townhome
example; and next steps.
Council Members, City Manager Peter Zanoni, Director Hurlbert, Travis James
with TXP, and TIRZ Developer Roberto Santos Williams discussed the following
topics: this TIRZ was petitioned for a single developer; the board will be
composed of landowners and taxing entity representatives; a Council
Member's request to fund the development with a Public Improvement District
rather than a TIRZ; the board would be represented by the developer, but the
City Council will still make the ultimate decisions; this is a no risk development
for the City; if the developer does not perform, the City is not required to
reimburse them; $29,000 is the tax amount collected, but the baseline value is
about $2 million; $11.8 million is the City's participation over a 20 year period if
the development occurs; a Council Member's concern about administrative
costs as seen in TIRZ #4 and TIRZ's should be used for revitalization not for
green field development; the dollars generated by creating this TIRZ is for road
infrastructure; roads would be beyond the development of the housing; the
money in this TIRZ would be used for public infrastructure only; due diligence
regarding the financial strength of the developer; a Council Member's concern
if the value of TIRZ's are geared towards commercial development and not
residential; does the land lose its agricultural exemption if a TIRZ is created;
the developer has to build his project in order for there to be new tax growth;
does the agricultural value or the market value go into the TIRZ; the current
agricultural exemption would be lifted step by step or phase by phase; and a
Page 10City of Corpus Christi Printed on 7/17/2020
July 14, 2020City Council Meeting Minutes
Council Member's concern that the creation of TIRZ's is taking away money
from the whole community.
EXECUTIVE SESSION: NONER.
IDENTIFY COUNCIL FUTURE AGENDA ITEMSS.
A Council Member requested that presentations be included with the agenda
Item so City Council can review before the Council meeting.
ADJOURNMENTT.
The meeting was adjourned at 3:49 p.m.
Page 11City of Corpus Christi Printed on 7/17/2020
Duties
Composition
Member size Term length Term limit
9 3 years 6 years
Name District Term Appt. date End date Appointing Authority Position Status Category
*Carl E Crull District 5 2 7/8/2014 7/31/2020 City Council Chair Has met the six-year service limitation
*Heidi Hovda District 2 2 7/8/2014 7/31/2020 City Council Has met the six-year service limitation
*Marsha Williams District 3 2 7/9/2013 7/31/2020 City Council Has met the six-year service limitation
Michael M Miller District 4 Partial 7/16/2019 7/31/2021 City Council Active
Sheldon Schroeder District 4 1 3/21/2017 7/31/2021 City Council Active
Kamran Zarghouni District 5 1 7/17/2018 7/31/2021 City Council Active
Jeremy Baugh District 1 2 5/12/2015 7/31/2022 City Council Vice-Chair Active
Daniel M Dibble District 5 2 8/1/2016 7/31/2022 City Council Active
Mr. Michael York District 5 1 8/1/2019 7/31/2022 City Council Active
Benjamin Polak 1 N/A N/A United States Navy
Ex-Officio,
Non-voting Active
Navy
Representative
Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council for three-year staggered terms. The following organization may
appoint an ex-officio, non-voting representative: United States Navy. Members elect a Chair from among its membership at the first regular meeting in August of each
year.
The Planning Commission makes and amends a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of
proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles
beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital
improvements which, in the opinion of the commission, are necessary or desirable during the forthcoming five-year period; to require information from other
departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties
and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are
concurrently appointed to the concurrent Beach/Dune Committee (§10-17). This committee reviews applications for master planned development ordinances from
applicants seeking beachfront construction, and submits their recommendations to City Council. They also review the location of the dune protection line and
beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City'’s
jurisdiction.
*Three (3) vacancies with terms to 7-31-23.
PLANNING COMMISSION
7-21-2020
Name District
James Aleman District 5
Cynthia S Garza District 1
Javier O Gonzalez District 5
Brian S Mandel District 5
PLANNING COMMISSION
Applicants
Duties
Composition
Member size Term length Term limit
9 3 years 6 years
Name District Term Appt. date End date
Appointing
Authority Position Status Category
*Carl E Crull District 5 1 12/12/2017 7/31/2020 City Council Vice-Chair Forfeit position
*Heidi Hovda District 2 1 12/12/2017 7/31/2020 City Council Forfeit position
*Marsha Williams District 3 1 12/12/2017 7/31/2020 City Council Forfeit position
Michael M Miller District 4 1 7/16/2019 7/31/2021 City Council Active
Sheldon Schroeder District 4 1 12/12/2017 7/31/2021 City Council Active
Kamran Zarghouni District 5 1 7/17/2018 7/31/2021 City Council Active
Jeremy Baugh District 1 2 12/12/2017 7/31/2022 City Council Active
Daniel M Dibble District 5 2 12/12/2017 7/31/2022 City Council Active
Mr. Michael York District 5 1 8/1/2019 7/31/2022 City Council Active
Benjamin Polak 1 N/A N/A City Council Ex-Officio, Non-voting Active Navy Representative
The Airport Zoning Commission (Commission) shall be composed of the same nine registered voters who are members of the City's duly appointed Planning
Commission. The members shall serve staggered terms of three years coterminous with the term each member serves on the Planning Commission. Any vacancy in
an unexpired term on the Commission shall be filled for the remainder of the term, by appointment of the City Council, by the same Planning Commission member
appointed to fill the vacancy on the Planning Commission. The Commission members shall elect a Chairperson and a Vice-Chairperson from among its membership
at the first regular meeting, who shall serve until August; the members shall then elect a new Chairperson and Vice-Chairperson annually at the first meeting held
each August. In addition to the Chairperson and Vice-Chairperson, the Commission may provide for the selection of such other Officers from among its membership
as it deems proper. The Director of the Corpus Christi International Airport and the Director of the Environmental and Strategic Initiatives Department of the City of
Corpus Christi, or their designees, shall be entitled to attend all meetings and sessions of the Commission, but shall have no vote in matters acted upon by the
Commission. A naval representative of Naval Air Station Corpus Christi shall be entitled to attend all meetings and sessions of the Commission, but shall have no
vote in matters acted upon by the Commission.
The Airport Zoning Commission shall preserve, protect, and maintain the importance of the operations of the Corpus Christi International Airport and of the military
flight training mission of Naval Air Station Corpus Christi.
*Three (3) vacancies with terms to 7-31-23. (The members serve three-year staggered terms coterminous with the term each member serves on the Planning
Commission. Carl Crull, Heidi Hovda and Marsha Williams have met the six-year service limitation on the Planning Commission which forfeits their position on
the Airport Zoning Commission).
AIRPORT ZONING COMMISSION
7-21-2020
Duties
Composition
Member size Term Length Term limit
15 3 years 6 years
Name District Term Appt. date End date
Appointing
Authority Position Status Category Attendance
*Capt. Laura N. Garcia District 3 1 11/7/2017 5/1/2020 City Council
Seeking
reappointment Law Enforcement 3/3 meetings 100%
*Clarissa B Mora District 5 Partial 5/14/2019 5/1/2020 City Council
Seeking
reappointment At -Large 3/3 meetings 100%
The commission shall consist of fifteen (15) members appointed by the City Council. Each appointee shall have demonstrated interest in the welfare of children or
youth through occupation or through association with community-based organizations. The commission shall be composed with 9 Adult Members and 6 Youth
Members as follows: 8 Adult members; membership in one or more of the following categories is preferred but not required: (1) - Health and Human Services, (1) - Law
Enforcement, (1) - Education, (1) - Youth and Family Services, (1) - District Attorney's Office, (3) -At-Large members, and (1) Faith-based organization. 6 Youth members
as follows: (1) high school student from Corpus Christi Independent School District, (1) high school student from Calallen Independent School District, (1) high school
student from Tuloso-Midway Independent School District, (1) high school student from West Oso Independent School District, (1) high school student from Flour Bluff
Independent School District, (1) high school student from a charter school. The youth members shall be high school juniors or seniors at time of appointment. Members
shall serve three-year terms except the youth members shall serve one-year terms. Any vacancy shall be filled for the unexpired term. The commission shall elect a
chairperson and such officers as it deems necessary. Officers shall serve one-year terms.
The Commission on Children & Youth supports a comprehensive system of services and advances policies to meet the needs of Corpus Christi's children, youth and their
families, including gathering information from people and entities to act as a source of information and referral on issues concerning children, developing an annual
community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services,
strengthening communications and encouraging partnerships between public and private entities working with children and youth, and serving as an advocate for local,
state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council.
*Eleven (11) vacancies with terms to 5-1-21 and 5-1-23. The following positions represent preferred but not required categories: 1 - Law Enforcement, 2 - At-Large, 1 -
Faith-Based Organization, and 1 - Nueces County District Attorney's Office. The following six High School (HS) Student Representative positions represent required
categories serving one-year terms: 1- Calallen HS Student, 1 - CCISD HS Student, 1 - Charter School HS Student, 1 - Flour Bluff HS Student, 1 - Tuloso-Midway HS
Student and 1 - West Oso HS Student. (NEW BOARD COMPOSITION effective March 17, 2020) (Staff is recommending the postponement of four High School Student
Representatives from the following districts: 1 - Calallen, 1 - Charter School, 1 - Flour Bluff and 1 - West Oso) (The Commission on Children & Youth is recommending
the reappointments of Capt. Laura Garcia (Law Enforcement) and Clarissa Mora (At-Large) and the new appointments of Susan Klaus (Faith-Based Organization)
and Jazmine Gonzales (Tuloso-Midway HS Student).
CORPUS CHRISTI COMMISSION ON CHILDREN & YOUTH
7-21-2020
Name District Term Appt. date End date
Appointing
Authority Position Status Category Attendance
*Christina Harrison District 3 1 5/14/2019 5/1/2021 City Council Resigned At-Large
*Michelle Putman District 5 1 2/21/2017 5/1/2021 City Council Resigned
Nueces County District
Attorney's Office
*Vacant 1 N/A 5/1/2023 City Council *Vacant
Faith-based
organization
*Vacant 1 N/A 5/1/2021 City Council *Vacant
CCISD High School
Student
*Vacant 1 N/A 5/1/2021 City Council *Vacant
Tuloso-Midway High
School Student
*Vacant 1 N/A 5/1/2021 City Council *Vacant
West Oso High School
Student
*Vacant 1 N/A 5/1/2021 City Council *Vacant
Flour Bluff High School
Student
*Vacant 1 N/A 5/1/2021 City Council *Vacant
Charter School High
School Student
*Vacant 1 N/A 5/1/2021 City Council *Vacant
Calallen High School
Student
Joseph N. Miller District 2 2 5/12/2015 5/1/2021 City Council Chair Active Youth & Family Svcs.
Melissa Hofstetter District 3 2 5/2/2019 5/1/2022 City Council Active Health & Human Svcs.
Priscila Baldillez District 3 1 5/2/2019 5/1/2022 City Council Vice-Chair Active At-Large
Laurie J Turner District 4 Partial 9/17/2019 5/1/2022 City Council Active Education
7-21-2020
Name District Category
Sriya S Chekuri District 5 CCISD Student
Liesl C Cressman District 2 Education / At-Large
Sammy G Davila District 3 At-Large
Jazmine Gonzales District 1 Tuloso-Midway Student
Susan Klaus District 5 Faith-based organization / At-Large
Milan Maheshwari District 4 CCISD Student
Benjamin P Martinez District 5 CCISD Student
CORPUS CHRISTI COMMISSION ON CHILDREN & YOUTH
Applicants
DATE: June 10, 2020
TO: Peter Zanoni, City Manager
FROM: Constance P. Sanchez, Chief Financial Officer
constancep@cctexas.com
361-826-3189
CAPTION:
One-Reading Ordinance approving an agreement between the City of Corpus Christi and
the Corpus Christi Business and Job Development Corporation in an amount up to
$500,000 for Type A funding of arterial and collector streets within the City; approving a
Chapter 380 agreement in an amount up to $500,000 with United Way of the Coastal Bend
for nonprofit organizations; appropriating an amount up to $500,000 from the unreserved
fund balance of the Business and Job Development Fund for use on the arterial and
collector street improvements; amending the operating and capital budget.
SUMMARY:
The purpose of this agenda item is three-fold. The first is an action to approve an
agreement in the amount of $500,000 between the City of Corpus Christi and the Corpus
Christi Business and Job Development Corporation (Type A) for funding of arterial and
collector streets. The second is an action to approve a Chapter 380 agreement with the
United Way of the Coastal Bend for a $500,000 non-profit recovery grant for local
nonprofits impacted by the COVID-19 pandemic. The third action is to appropriate the
funds and amend the budget.
BACKGROUND AND FINDINGS:
Due to the “stay-at-home orders” from federal, state, and local authorities resulting from
the COVID-19 pandemic, most nonprofit organizations have cut budgets, reduced their
workforce, canceled fundraisers, and donations have been down. This has put a
tremendous strain on those organizations and has resulted in many layoffs. The national
unemployment rate is at 14.7 percent or 23.9 million unemployed persons as of May 26,
2020. To help these nonprofit organizations either continue functioning or to resume
operations through the state’s phased reopening, the City is proposing a program to offer
grants to qualified nonprofit organizations.
Nonprofit Recovery Program with the United Way of the Coastal Bend
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 21, 2020
This agreement with United Way of the Coastal Bend will help support nonprofit
organizations experiencing financial hardships due to the COVID-19 pandemic. Nonprofit
organizations eligible to apply for grants from this program will be those within the Corpus
Christi city limits registered with the IRS as 501(c)3 or 501(c)6 organizations that provide
health and human services, educational services or business support and job training.
These organizations are essentially small businesses who are in need of help with paying
operating costs. Many of them applied for federal and state assistance, but they need
additional help to continue to keep employees working and their doors open. Approved
applicants will receive grants up to $25,000 to pay for operational costs; including but not
limited to payroll, mortgage/rent, utilities, and insurance. The United Way of the Coastal
Bend has agreed to administer the program at an administrative fee of 5%. Grants must
be awarded within 180-days of the executed agreement.
The eligibility for this program includes the following:
Grants will be awarded to agencies with a positive track record and in existence
for more than three years.
Eligible nonprofit organizations must have annual operating budgets of $3 million
or less.
Funds are intended for use toward operational expenses, working capital, covering
expenses of debt and workforce needs.
Funds are to be used only for the purposes stated in the request.
Approval is based on need, location, planning, eligibility and availability of funds.
Currently provide health and human services, educational services, business
support or job training in the Corpus Christi city limits.
Nonprofit organization must remain open for at least 90 days after the award is
granted
ALTERNATIVES:
The City Council could choose not to approve this agreement or not pass this ordinance
for the recommended dollar amount and propose a different dollar amount.
FISCAL IMPACT:
The $500,000 will need to be appropriated and the Fiscal Year 2020 budget will need to
be amended if this action is approved.
Funding Detail:
Fund: 1020 – General Fund
Organization/Activity: 15100 – Economic Development Incentives
Mission Element: 707 – Economic Development
Project # (CIP Only): N/A
Account: 540117– 380 Agreement – United Way of the Coastal Bend
Fund: 1140 – Business and Job Development
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: 260800 – Unreserved Fund Balance
RECOMMENDATION:
Staff recommends approval of the 380-agreement with the United Way of the Coastal
Bend for assistance to nonprofits impacted by the COVID-19 pandemic and approval of
the agreement between the City of Corpus Christi and the Type A Board for the funding
of arterial and collector streets.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Agreements- Type A Agreement Amendment; Draft 380 Agreement
1
One-Reading Ordinance approving an agreement between the City of
Corpus Christi and the Corpus Christi Business and Job
Development Corporation in an amount up to $500,000 for Type A
funding of arterial and collector streets within the City; approving a
Chapter 380 agreement in an amount up to $500,000 with United Way
of the Coastal Bend for nonprofit organizations; appropriating an
amount up to $500,000 from the unreserved fund balance of the
Business and Job Development Fund for use on the arterial and
collector street improvements; amending the operating and capital
budget.
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi (“City”) passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
businesses enterprises within the City at a rate of one-eighth of a percent for 15 years;
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corpus Christi Business and Job
Development Corporation Board (“Type A Board”);
WHEREAS, on June 8, 2020 the Type A Board voted to enter into an Agreement with the
City to provide $500,000 in funding to the City to repair specified arterial and collector
streets in the City through the City’s Street Preventative Maintenance Program and to
support the City’s plan to implement a nonprofit recovery program to assist nonprofit
organizations in the City during the COVID-19 pandemic;
WHEREAS, the following arterial and/or collector streets in the City are in need of repair:
Cooper’s Alley from Tancahua to Shoreline Blvd and Staples Street from South Padre
Island Drive to Gollihar Road and said streets are necessary for the promotion or
development of new and expanded business enterprises within the City (the “Project”);
WHEREAS, the Project is consistent with the purposes for which the Business and Job
Development Fund was created and approved by the voters of the City, in that the use of
the funds allows for the promotion or development of new and expanded business
enterprises, the development of programs and facilities that assist small companies that
can produce jobs of the future, and assistance to businesses for the creation of
meaningful, wealth-producing jobs within the City;
WHEREAS, the City will also create a nonprofit recovery fund which complies with Article
III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local
Government Fund (“Chapter 380”) to support nonprofit organizations (“NGO’s”) in the city
that are struggling during the COVID-19 pandemic;
WHEREAS, the United Way of the Coastal Bend (“United Way”) has agreed to enter into
a Chapter 380 Agreement with the City to administer a $500,000 nonprofit recovery
program for the City that will aid NGO’s in the city with their mission of providing food,
2
clothing, shelter, medical assistance, education, job and skills training and other essential
services to local businesses and persons in need during the COVID-19 pandemic;
WHEREAS, the City recognizes the positive economic impact that the proposed Chapter
380 agreement and nonprofit recovery program will have on the City through retention of
jobs, support of local businesses, stimulation of business and commercial activity in the
City during the COVID-19 pandemic.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Council hereby finds that the foregoing statements included in
the preamble of this ordinance are true and correct and adopts such findings for all intents
and purposes related to the authorization of this project.
SECTION 2. That the Project as approved by the Type A Board on June 8, 2020 to
expend $500,000 for Street Preventative Maintenance Program repairs to specified
arterial and collector streets within the City is approved.
SECTION 3. That $500,000 from the unreserved fund balance in the Fund No. 1140
Business/Job Development Fund is appropriated for the repairs to specified arterial and
collector streets within the City.
SECTION 4. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating
and Capital Budget, is amended to increase proposed expenditures in the No. 1140
Business/Job Development Fund by $500,000 for the repairs to specified arterial and
collector streets within the City and transferring these funds to the 1041 Street Fund , to
decrease the expenditures in the No. 1020 General Fund for the transfer to t he Street
Maintenance by $500,000, and increase the expenditures in the No. 1020 General Fund
by $500,000 for the Chapter 380 agreement with United Way.
SECTION 5. That the City Manager or designee is authorized to execute an agreement
with the Corpus Christi Business and Job Development Corporation in an amount not to
exceed $500,000 for Street Preventative Maintenance Program repairs to specified
arterial and collector streets within the City and to support the City with the creation of
nonprofit recovery fund to support local NGO’s in the City during the COVID-19 pandemic.
SECTION 6. That the City Manager or designee is authorized to execute a Chapter 380
agreement with United Way in an amount not to exceed $500,000 to provide relief to
qualifying nonprofit organizations in the City.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effect ive administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect upon
first reading as an emergency measure on this the 16th day of June, 2020.
3
This ordinance takes effect upon City Council approval on this the _____ day of
___________________, 2020.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
day of , 2020
Corpus Christi, Texas
PASSED AND APPROVED on this the day of ,
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced or at the present meeting of the City Council.
Respectfully, Respectfully,
Joe McComb
Mayor
Council Members
4
The above ordinance was passed by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
DATE: June 11, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Culbertson
(361) 882-7448
mculbertson@ccredc.com
CAPTION:
Ordinance approving a three year Business Incentive Agreement between the Type B Corporation
and The Botanical and Nature Institute of South Texas, Inc. dba South Texas Botanical Gardens
& Nature Center in the amount of $89,000 for the resurfacing of the nature trail at 8545 South
Staples Street effective upon signature of the City Manager or designee; appropriating funds in
the amount of $89,000 from the Type B Economic Development Fund; and amending the budget.
SUMMARY:
This ordinance authorizes a contract with The Botanical and Nature Institute of South Texas, Inc.
dba South Texas Botanical Gardens & Nature Center to improve their nature trail and help
improve attractions within the City.
BACKGROUND AND FINDINGS:
The South Texas Botanical Gardens and Nature Center is requesting $89,000 for the installation
of 3,000 feet of new A.D.A. accessible trails (Confirmed by Gignac Landscape Architects) to
increase resident and visitor access to more remote natural areas adjacent to Oso Creek referred
to as Oso Creek Ridge. The proposed caliche/granite trail will replace existing grass/mulch trails
in this area which are not accessible after rain. The new 10-foot wide trail will be constructed with
a 4-inch caliche base and 1-inch decomposed granite top, an affordable, commonly used trail
option that provides a natural look and eliminates the potential introduction of oils and chemicals
associated with asphalt to sensitive native upland and wetland habitats.
The Corpus Christi Regional Economic Development Corporation (CCREDC) received an
application from the Botanical Gardens and the application was vetted and presented to CCREDC
Board on January 9, 2020. A motion was passed forwarding the application to the Type B Board
recommending approval of the grant. The Type B Board unanimously passed a motion to grant
the Botanical Gardens $89,000 on January 27, 2020.
Currently this 21-acre section of Oso Ridge is only accessible during dry periods by those with
good walking mobility with trail consisting of primitive mulch and mowed grass pat hway.
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of July 14, 2020
Second Reading Ordinance for the City Council Meeting of July 21, 2020
$89,000 Type B Economic Development Grant for The Botanical and Nature Institute of
South Texas, Inc.
Establishing caliche/granite pathways on the Oso Creek Ridge provides stability for wheelchair
and mobility scooter access to explore natural areas, increasing access to brushland regions at
our site by over 400 percent. Our existing Mary Hope Brennecke Nature Trail provides native
habitat access to about 4.5 acres. The proposed paving of Oso Creek Ridge Trail would make an
additional 21 acres of brushland/grassland accessible plus visibility of adjacent our large 52-acre
open shallow wetland and Oso Creek, all of which provides great birding opportunities for
ecotourism.
The proposed 10-foot wide pathway also will allow emergency vehicle access to this 21-acres
which has direct access to S. Staples Street near the Oso Creek Bridge in the event of problem
that requires first responders or other support vehicle access. See the attached flyer.
Expanding the trail also provides structured direction for residents and visitors interested in
exploring our unique South Texas ecosystem in a safe, controlled space and reducing
unknowingly wandering off the established pathways which can be more dangerous with uneven
ground and potential dangerous camouflaged wildlife encounters. Defined pathways also
encourage additional exploration of youth groups which visit, providing easier access to more
pristine section of the property. Solidifying pathways also provide opportunities to attract fitness
tourists to runs and walks in natural areas as opposed to the regular events along roadways and
developed urban areas.
ALTERNATIVES:
The City Council may choose to fund a lesser amount or none at all. This trail will improve an
attraction within the City. These types of improvements make the City more attractive to citizens
and is part of the quality of life issues that all cities face.
FISCAL IMPACT:
This item will expend a one-time amount of $89,000 of the Type B Incentive Economic
Development funds. There are no funds budgeted for Small Business Incentives in FY2020, which
is why this item also requests a budget amendment. As of December 31, 2019, there is an FY2020
Economic Development fund balance of $459,443. This item will encumber $89,000 and bring
the available balance to $370,443.
Funding Detail:
Fund: 1145- Type B Fund
Organization/Activity: NA
Mission Element: NA
Project # (CIP Only): NA
Account: 251850
RECOMMENDATION:
Staff recommends approval of a grant of $89,000 to The Botanical and Nature Institute of South
Texas, Inc. to improve their nature trail. These types of improvements make the City more
attractive to citizens and is part of the quality of life issues that the all cities face.
LIST OF SUPPORTING DOCUMENTS:
Botanical Gardens Flyer
Ordinance
Agreement
Letter from Architect confirming ADA compliance
Page 1 of 2
Botanical Gardens
Ordinance approving a three year Business Incentive Agreement between the
Type B Corporation and The Botanical and Nature Institute of South Texas,
Inc. dba South Texas Botanical Gardens & Nature Center in the amount of
$89,000 for the resurfacing of the nature trail at 8545 South Staples Street,
effective upon signature of the City Manager or designee; appropriating funds
in the amount of $89,000 from the Type B Economic Development Fund; and
amending the budget.
Whereas, the Corpus Christi B Corporation (“Type B Corporation”) has budgeted funds
to assist small businesses in the City of Corpus Christi, Texas ("City").
Whereas, the Type B Corporation has requested proposals that will aid small businesses
within the City, and determined that the proposal from The Botanical and Nature Institute
of South Texas, Inc. for improvement to their nature trail will best satisfy this goal;
Whereas, City Council deems that it is in the best interest of the City and citizens to
approve the business incentive agreement for The Botanical and Nature Institute of South
Texas, Inc. for improvements to their nature trail between the Type B Corporation and
The Botanical and Nature Institute of South Texas, Inc.;
Whereas, the Board of the Directors of the Type B Corporation (the “Board”) approved
an agreement with The Botanical and Nature Institute of South Texas, Inc. for an incentive
of up to $89,000 at its meeting on January 27, 2020.
Now , therefore, be it resolved by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. That the business incentive agreement between the Type B Corporation
and The Botanical and Nature Institute of South Texas, Inc., which will improve their
nature trail is approved.
SECTION 2. That funds in the amount of $89,000 are appropriated from the unreserved
fund balance in the No. 1145 Type B Fund for a business incentive grant from the Type
B Corporation to The Botanical and Nature Institute of South Texas, Inc. for improvements
to their nature trail.
SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating
Fund, is amended to increase proposed expenditures in the No. 1145 Type B Fund by
$89,000 for a business incentive grant from the Type B Corporation to The Botanical and
Nature Institute of South Texas, Inc. for improvements to their nature trail.
ATTEST: THE CITY OF CORPUS CHRISTI
_____________________________ ____________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 2 of 2
Botanical Gardens
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
PROJECT DESCRIPTIONS
The South Texas Botanical Gardens
and Nature Center is requesting $89,000 for
the installation of 3,000 feet (0.52 miles) of
new A.D.A. accessible trails to increase
visitor access to more remote natural areas
adjacent to Oso Creek referred to as Oso
Creek Ridge. The proposed caliche/granite
trail will replace existing grass/mulch trails
in this area which are not accessible after
rain. The new 10-foot wide trail will be
constructed with soil barrier (such as
TerraGrid U-200) topped with 4-inch caliche
base and 1-inch decomposed granite top,
an affordable, commonly used trail option that provides a natural-look and eliminates the potential
introduction of oils and chemicals associated with asphalt to sensitive native upland and wetland
habitats. A soil barrier cloth will be used beneath the caliche base to reduce its incorporation into the
clay soils of the area. Eventually, an additional phase of 1100 linear feet will be added to provide
access to an additional bird blind overlooking large wetland if the matching grant is awarded.
Figure 12. Example of Caliche/Granite Nature Trail at Botanical Gardens
Figure 13. Existing Mulch Trail on Oso Creek Ridge
Figure 14. Aerial View of South Texas Botanical Gardens & Nature Center (8545 S. Staples Street). Existing mulch trail on Oso Creek
Ridge appears as tan lines between creek and wetland.
Currently this 21-acre section of Oso Ridge is only accessible during dry periods by those with
good walking mobility with trail consisting of primitive mulch and mowed grass pathway. Establishing
caliche/granite pathways on the Oso Creek Ridge provides stability for wheelchair and mobility scooter
access to explore natural areas, increasing access to brushland regions at our site by over 400 percent.
Our existing Mary Hope Brennecke Nature Trail provides native habitat access to about 4.5 acres. The
proposed paving of Oso Creek Ridge Trail would make an additional 21 acres of brushland/grassland
accessible plus visibility of adjacent our large 52-acre open shallow wetland and Oso Creek, all of which
provides great birding opportunities for nature tourists. The proposed pathway will connect to a
driveway opening on S. Staples Street for vehicular access to the edge of this pedestrian walkway.
Expanding the trail also provides structured direction for visitors interested in exploring our
unique South Texas ecosystem in a safe, controlled space and reducing unknowingly wandering off the
established pathways which can be more dangerous with uneven ground and potential dangerous
camouflaged wildlife encounters. Defined pathways also encourage additional exploration of youth
groups which visit, providing easier access to more pristine section of the property. Solidifying
pathways also provides opportunities to attract fitness tourists to runs and walks in natural areas as
opposed to the regular events along roadways and developed urban areas.
POTENTIAL MATCH
Awarding this grant will also allow the South Texas Botanical Gardens & Nature Center to use it
as a match for a Texas Parks & Wildlife Department (TPWD) Trails grant for $200,000 with a February 1,
2020 deadline. The TPWD grant will ask for Phase 2 (1,100 additional linear feet), upgrade of the
caliche/granite pathways with addition of a “Klingstone” polymer top that will hold the top-coat of
granite together as a solid unit, thus reducing erosion and minimizing upkeep due to weathering. This
particular product has been recommended by other members of Texas Association of Botanical
Gardens & Arboreta and is proprietary with Howell Pathways. TPWD grant also will provide
materials/labor for preventative maintenance and selective replacement of planks on our Wetlands
Awareness Boardwalk which connects the main Botanical Gardens site to the new proposed trail on
Oso Creek Ridge.
The Botanical Gardens also has $10,000 currently available from a grant by Earl C. Sams
Foundation that is available for overage/contingency items for this project.
Figure 15. Bobcats are still spotted in nature areas a the Botanical Gardens, attracting photographers and nature
enthusiasts. This bobcat was photographed by Henry Nabors in Spring 2019, providing a memorable and exciting
experience during his visit.
South Texas Botanical Gardens & Nature Center - Oso Creek Loop Trail
Main Loop Trail (Yellow) is approx. 3,000 linear feet. Extension to wetland bird blind (Red) is approximately 1,100 linear feet.
BOTANICAL GARDENS
LARGE WETLAND
GATOR
LAKE
DATE: July 1, 2020
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director
Public Works Department
richardm5@cctexas.com
(361) 826-3419
CAPTION:
Ordinance changing the name of William Street to Lomax Street located in City Council District 1.
SUMMARY:
The City received an application from Janet Maxwell to rename William Street, which runs from Shoreline
Boulevard to Lower Broadway Street, to Lomax Street.
BACKGROUND AND FINDINGS:
Janet Maxwell submitted a preliminary request to rename William Street to Lomax Street. The City
Secretary and the City Traffic Engineer reviewed the request to determine compliance per Section 49-
1 and Council Policy No. 7, Naming of Streets of the City Code. It was determined that the request
did not comply with Council Policy 7.b.4 because “William Street” is reflected on the 1852 Plan of
Corpus Christi and has existed, within the original boundary of the 1852 Plan of Corpus Christi, for a
period of greater than 50 years. Both constituted reasons why the request was initially determined to
be in non-conformance with Council Policy No. 7.
On December 20, 2019, the City Secretary notified the City Council of the street renaming request
and the determination that it did not satisfy the Council Policy. At the next available Council meeting
on January 14, 2020, City Council directed the City Secretary to move forward with the request. Mrs.
Maxwell submitted an official application and associated fees to the City to further research and
process the request.
City ordinance requires that all affected property owners be contacted and surveyed to demonstrate
support or opposition to the street renaming. Only three (3) properties were identified to addressed off
of William Street. All three (3) properties were owned by the applicant, Janet Maxwell. Since greater
than 75 percent support was achieved, the City Traffic Engineer was required to obtain comment in
writing from the Director of Engineering , City Utilities Office Manager, Director of Planning, City
Landmark Commission, Police Chief, Nueces County Historical Society, Fire Chief, Nueces County
Historical Commission and Postmaster. Amongst the officials, committees and organizations
surveyed, only the Landmark Commission expressed opposition to the street renaming.
If the ordinance is approved, a copy must be provided to all the officials, committees, and organizations
who were surveyed. The cost for fabrication and field installation cost must be paid by the applicant
prior to replacement of street name signage. If the application is denied any fees paid to the City to
process and research the application is non-refundable.
ALTERNATIVES:
1. Approve Renaming of William Street to Lomax Street.
2. Do not Renaming of William Street to Lomax Street.
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting July 14, 2020
Second Reading Ordinance for the City Council Meeting July 21, 2020
Ordinance Renaming William Street to Lomax Street
FISCAL IMPACT:
No fiscal impact of for providing comment.
RECOMMENDATION:
City Staff recommends City Council conduct a public hearing to determine whether adoption of the ordinance is
warranted based on Section 49-1 of the City Code.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Preliminary Street Renaming Application
Surveys
Ordinance changing the name of William Street to Lomax Street
located in City Council District 1
WHEREAS, after all notices required by Section 49-1 of the City Code, a public hearing
was held during a meeting of the City Council on July 14, 2020, during which all interested
persons were allowed to be heard; and
WHEREAS, City Council finds that a recognized purpose of local, regional, statewide or
national significance justifies changing the name of William Street to Lomax Street,
between Shoreline Boulevard and Upper Broadway Street.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The name of William Street is changed to Lomax Street, between Shoreline
Boulevard and Upper Broadway Street, located in downtown Corpus Christi.
SECTION 2. A copy of this ordinance shall be furnished by the City Secretary to the
Postmaster, and the Director of Public Works or designee is authorized and directed to
remove any street signs or markers which are erroneous after the pass age of this
ordinance and to erect new street signs or markers at appropriate places designating the
correct name of the street.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter.
SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________ 2020, by the following vote:
Joe McComb ____________ Michael Hunter ____________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
That the foregoing ordinance was read for the second time and passed finally on this
the _______ day of ___________ 2020, by the following vote:
Joe McComb ____________ Michael Hunter ____________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
PASSED AND APPROVED on this the _______ day of ___________ 2020.
ATTEST:
________________________________ _________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
STREET RENAMING COMMENT FORM
TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT
Located at City Hall (1201 Leopard Street, Third Floor)
For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or
call the City’s Traffic Engineering Department at (361) 826-3547.
BACKGROUND
The City of Corpus Christi received a request to rename William Street, located between North Lower
Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing
from the following officials, committees, and organizations on the proposed renaming:
Director of Engineering Services Police Chief City Landmark Commission
Director of Planning Fire Chief City Utilities Office Manager
Nueces County Historical Society Postmaster Nueces County Historical Commission
COMMENTS
The City Council will make the final decision on the proposed street renaming. Comments
provided below become public record.
Please check one of the following:
(_) I support renaming William Street to “Lomax Street”.
OR
(_) I oppose renaming William Street to “Lomax Street”.
Comments:
Name: ______________________________________________________________
Title or Organization: ____________________________________________________________
STREET RENAMING COMMENT FORM
TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT
Located at City Hall (1201 Leopard Street, Third Floor)
For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or
call the City’s Traffic Engineering Department at (361) 826-3547.
BACKGROUND
The City of Corpus Christi received a request to rename William Street, located between North Lower
Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing
from the following officials, committees, and organizations on the proposed renaming:
Director of Engineering Services Police Chief City Landmark Commission
Director of Planning Fire Chief City Utilities Office Manager
Nueces County Historical Society Postmaster Nueces County Historical Commission
COMMENTS
The City Council will make the final decision on the proposed street renaming. Comments
provided below become public record.
Please check one of the following:
(_) I support renaming William Street to “Lomax Street”.
OR
(_) I oppose renaming William Street to “Lomax Street”.
Comments:
Name: ______________________________________________________________
Title or Organization: ____________________________________________________________
STREET RENAMING COMMENT FORM
TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT
Located at City Hall (1201 Leopard Street, Third Floor)
For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or
call the City’s Traffic Engineering Department at (361) 826-3547.
BACKGROUND
The City of Corpus Christi received a request to rename William Street, located between North Lower
Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing
from the following officials, committees, and organizations on the proposed renaming:
Director of Engineering Services Police Chief City Landmark Commission
Director of Planning Fire Chief City Utilities Office Manager
Nueces County Historical Society Postmaster Nueces County Historical Commission
COMMENTS
The City Council will make the final decision on the proposed street renaming. Comments
provided below become public record.
Please check one of the following:
(_) I support renaming William Street to “Lomax Street”.
OR
(_) I oppose renaming William Street to “Lomax Street”.
Comments:
Name: ______________________________________________________________
Title or Organization: ____________________________________________________________
STREET RENAMING COMMENT FORM
TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT
Located at City Hall (1201 Leopard Street, Third Floor)
For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or
call the City’s Traffic Engineering Department at (361) 826-3547.
BACKGROUND
The City of Corpus Christi received a request to rename William Street, located between North Lower
Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing
from the following officials, committees, and organizations on the proposed renaming:
Director of Engineering Services Police Chief City Landmark Commission
Director of Planning Fire Chief City Utilities Office Manager
Nueces County Historical Society Postmaster Nueces County Historical Commission
COMMENTS
The City Council will make the final decision on the proposed street renaming. Comments
provided below become public record.
Please check one of the following:
(_) I support renaming William Street to “Lomax Street”.
OR
(_) I oppose renaming William Street to “Lomax Street”.
Comments:
Name: ______________________________________________________________
Title or Organization: ____________________________________________________________
STREET RENAMING COMMENT FORM
TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT
Located at City Hall (1201 Leopard Street, Third Floor)
For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or
call the City’s Traffic Engineering Department at (361) 826-3547.
BACKGROUND
The City of Corpus Christi received a request to rename William Street, located between North Lower
Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing
from the following officials, committees, and organizations on the proposed renaming:
Director of Engineering Services Police Chief City Landmark Commission
Director of Planning Fire Chief City Utilities Office Manager
Nueces County Historical Society Postmaster Nueces County Historical Commission
COMMENTS
The City Council will make the final decision on the proposed street renaming. Comments
provided below become public record.
Please check one of the following:
(_) I support renaming William Street to “Lomax Street”.
OR
(_) I oppose renaming William Street to “Lomax Street”.
Comments:
Name: ______________________________________________________________
Title or Organization: ____________________________________________________________
City Council Presentation
July 14, 2020
Ordinance Renaming William Street to Lomax
Street
1
Location Map
William St. – N. Shoreline Blvd. to Lower Broadway
2
Background
The City received a preliminary application from an eligible requestor to rename William
Street, from Shoreline Blvd. to Lower Broadway Street, to Lomax Street.
City Traffic Engineer and City Secretary met to review request to determine its adherence to
Council Policy No. 7. Based on the information provided on the preliminary application, staff
finds that the request does not comply with Council Policy No. 7. The City Secretary notified
Council the request does not comply with Council Policy No. 7 on December 20, 2019. City
Council directed The City Secretary to move forward with the application on January 14, 2020
Only 3 properties were identified to be affected by the street reming. All 3 are owned by the
applicant, Janet Maxwell. Based on 75 percent or more support, the City Traffic Engineer
received comment from various officials, committees and organizations.
Various officials, organizations and committees were requested to comment in writing. Only
the Landmark Commission expressed opposition to the street renaming.
City Council Policy No. 7
In any case, the City
Council declines to
rename any street:
…that is reflected on the
1852 Plan of Corpus
Christi, or a street name
that has existed within
the original boundary of
the 1852 Plan of Corpus
Christi for a period of
greater than 50 years.
DATE: July 15, 2020
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director
Public Works Department
richardm5@cctexas.com
(361) 826-3419
CAPTION:
Motion authorizing William Street as the honorary street name for Lomax Street and the installation of
two illuminated signs at two intersections that bear the honorary street name.
SUMMARY:
The motion authorizes the Public Works Department to install signs, bearing the honorary street name of “William
Street”, which will be mounted at each intersection of Lomax Street. The honorary street name will not replace the
official street name, but serves to preserve the original street name per the 1852 Plan of Corpus Christi.
BACKGROUND AND FINDINGS:
On December 20, 2019, the City Secretary notified the City Council of the street renaming
request and the determination that it did not satisfy the Council Policy. At the next available
Council meeting on January 14, 2020, City Council directed the City Secretary to move forward
with the request. Mrs. Maxwell submitted an official application and associated fees to the City to
further research and process the request.
The first reading of the Ordinance to authorize the name change from William Street to Lomax
Street was approved on July 14, 2020 with the second reading scheduled for July 21, 2020. During
the first reading Ordinance, Councilman Molina requested an honorary sign for the historical
significance of the William Street name established in 1852. The cost for fabrication and field
installation will be paid by the Public Works Department which is anticipated to be approximately
$1,500.
The two illuminated street signs will be installed at the intersection of William/Lomax Street and
Shoreline and at the intersection of William/Lomax Street and Broadway. There will be 11
additional street name signs replaced at each of the cross streets on William/Lomax Street.
ALTERNATIVES:
Do not approve designating William Street as the honorary street name designation for Lomax
Street.
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 21, 2020
Honorary Street Name Designation for William Street
FISCAL IMPACT:
The fiscal impact for FY 2020 will be dependent on approval of the honorary street naming and will be
funded through the FY 2020 Public Works Department budget for approximately $1,500.
RECOMMENDATION:
City Staff recommends City Council determine whether adoption of this motion is warranted based on
Section 49-1 of the City Code.
LIST OF SUPPORTING DOCUMENTS:
Presentation
City Council Presentation
July 21, 2020
“William Street”
Honorary Street Name Designation
1
Location Map
William St. –N. Shoreline Blvd. to Lower Broadway
2
Background
DATE: June 30, 2020
TO: Peter Zanoni, City Manager
FROM: Dan McGinn, AICP, Director of Planning and Environmental Services
DanielMc@cctexas.com
(361) 826-7011
Kim Baker, Director of Contracts and Procurement
kimb2@cctexas.com
(361) 826-3169
CAPTION:
Resolution authorizing execution of a Professional Service Agreement between the Corpus
Christi-Nueces County Public Health District and Texas A&M University-Corpus Christi for
COVID 19 modeling for an amount not to exceed $217,840.
SUMMARY:
This resolution authorizes a service agreement with Texas A&M University – Corpus Christi
(TAMU-CC) to continue the predictive modeling work of the Coastal Bend Joint COVID-19 Task
Force (Taskforce) through December of 2020.
BACKGROUND AND FINDINGS:
The Taskforce was established on April 2, 2020 with goal of creating an interdisciplinary group of
experts to assess and predict the spread of COVID-19 in the Coastal Bend. The Taskforce is
particularly focused on the present and future impacts on our local hospital infrastructure. The
Taskforce was created by TAMU-CC President Miller and Vice President Mahdy in collaboration
with County Judge Canales and City of Corpus Christi leadership.
Starting on April 10, 2020, the Taskforce has presented their modeling work at weekly briefings
broadcast to the public through the City of Corpus Christi’s Facebook and YouTube platforms.
This contract enables the Taskforce to transition into a longer-term operational unit to contribute
consistent assessment and predictions. With the threat of the spread of COVID-19 potentially
overwhelming our hospital infrastructure, this work will continue to inform local leadership
regarding public health issues surrounding the impacts of COVID-19.
Professional Services Contract
COVID-19 Coastal Bend Modeling Projections
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 21, 2020
To-date, TAMU-CC Taskforce members have volunteered their time and professional expertise
to perform the modeling work and present the public briefings. The professional services
contributed by TAMU-CC Taskforce members during this volunteer phase of the work is estimated
at $117,053. The contract for ongoing Taskforce modeling work covers a portion of key TAMU-
CC taskforce members’ time. Additional funding from TAMU-CC and the Conrad Blucher Institute,
in the amount of $103,297, further supports the Taskforce’s work through December of 2020.
Other TAMU-CC Taskforce members will continue to support the modeling efforts in a volunteer
capacity and TAMU-CC is also providing in-kind support through the provision of computing and
software resources. City, County, Public Health Region, and Hospital Systems Taskforce
members’ time would also be contributed by their respective institutions.
ALTERNATIVES:
An alternative would be not to secure the ongoing professional expertise of TAMU-CC Taskforce
members. This could result in delays in information and projections of COVID-19 impacts on local
hospital resources that may result in COVID-19 caseloads that stress the system and put the
public’s safety at risk.
FISCAL IMPACT:
The fiscal impact to the Health District is $217,840 in FY 2020. It is likely that this will be a
reimbursable item through the Covid CARES act.
Funding Detail:
Fund: 1063 Emergency Management Grants
Organization/Activity: 690001F CARES Act Grant
Mission Element: 096
Project # (CIP Only): n/a
Account: 530000
RECOMMENDATION:
Staff recommends approval of the contract for the Coastal Bend Joint COVID-19 Taskforce with
TAMU-CC in an amount not to exceed $217,840.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Contract
Resolution authorizing execution of Professional Service Agreement
between the Corpus Christi-Nueces County Public Health District and
Texas A&M University-Corpus Christi for COVID 19 modeling for an
amount not to exceed $217,840.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
SECTION 1. That the City Manager or designee is authorized to execute a Professional
Service Agreement between the Corpus Christi-Nueces County Public Health District and
Texas A&M University-Corpus Christi for COVID 19 modeling for an amount not to exceed
$217,840.
SECTION 2. That the City Manager or designee is authorized to make minor amendments
to the agreement.
SECTION 3. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
PROFESSIONAL SERVICES AGREEMENT
WITH TEXAS A&M UNIVERSITY- CORPUS CHRISTI
FOR COVID 19 MODELING
Section 1. Parties. This professional services agreement (“Agreement”) is entered into by
and between the Corpus Christi-Nueces County Public Health District, (“Health District”),
and Texas A&M University - Corpus Christi, a member of The Texas A&M University System
and an agency of the State of Texas (TAMU-CC).
Section 2 Term.
(A) The Services (as defined below) shall be performed by TAMU-CC from May 15,
2020 to December 31, 2020, unless earlier terminated in accordance with Section 14
hereof.
(B) Time is of the essence for this Agreement. TAMU-CC shall perform and complete the
Services in a prompt and continuous manner so as to not delay the project, in accordance
with the schedule described in Exhibit A attached hereto. The TAMU-CC and Health District
are aware that many factors may affect the TAMU-CC's ability to complete the Services.
TAMU-CC must notify the Health District within ten business days of becoming aware of a
factor that may affect the TAMU-CC's ability to complete the Services.
(C) Health District shall perform its obligations of review and approval in a prompt and
continuous manner so as to not delay the project.
Section 3. Services. In consideration of payment to be made for services rendered, TAMU-
CC agrees to provide the services identified on Exhibit A attached hereto (the “Services”) in
accordance with the approved project schedule and budget as detailed on Exhibit A,
including completing the work in the phases described therein.
Section 4. Relationship of the Parties.
TAMU-CC will perform all Services as an independent contractor and will furnish the Services
in its own manner and method. Under no circumstances or conditions will TAMU -CC be
considered an employee of the Health District for any purpose or reason. TAMU -CC may
only act as an agent of the Health District.
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Section 5. Fee/Compensation for Services.
(A) The total amount of this Agreement shall not exceed $217,840 (the “Total Cost”).
(B) TAMU-CC shall invoice the Health District for fifty percent (50%) of the Total Cost upon
execution of this Agreement and for the remaining fifty percent (50%) of the Total Cost on
November 1, 2020.
(C) The Health Director may request the TAMU-CC to undertake additional services or tasks
provided that no increase in the Total Cost is required. Services or tasks requiring an
increase in the Total Cost will be mutually agreed and evidenced in writing as an amendment
to this Agreement. TAMU-CC shall notify the Health District within three (3) days of notice if
tasks requested require an increase in the Total Cost.
(D) Invoices submitted or supporting documentation must contain contract amounts, current
invoice, previous invoice total, remaining balance, and an estimate of the proportion of the
contracted services completed at the time of billing. Health District will make payments within
thirty (30) days of its receipt of TAMU-CC's properly submitted invoices. Missing information
may result in delay of payments.
(E) All payments due hereunder shall be paid no later than December 31, 2020, provided
that all required reports, data and documents have been submitted by TAMU-CC and
received, accepted and approved by Health District. Final billing shall indicate "Final Bill - no
additional compensation is due to TAMU-CC." Health District shall not be deemed in default
by reason of withholding compensation as provided under this Agreement.
Section 6. Nondiscrimination. TAMU-CC shall not discriminate nor permit discrimination
against any person or group of persons, as to employment or in the performance of Services
under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age,
or in any manner prohibited by the laws of the United States or the State of Texas. The
Health District retains the right to take such action as the United States may direct to enforce
this non-discrimination covenant.
Section 7. Compliance with Laws. TAMU-CC must comply with all applicable federal,
State, and local government laws, rules, regulations, and ordinances, which may be
applicable to the Services to be rendered under this Agreement.
Section 8. Notices.
(A) All notices, demands, requests, or replies provided for or permitted, under this
Agreement by either party must be in writing and must be de livered by one of the following
methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as
certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by
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deposit with an overnight express delivery service, for which service has been prepaid; or (5)
by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described above
will be deemed effective two (2) business days after deposit with the United States Postal
Service. Notice by telegram or overnight express delivery service in the manner described
above will be deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed effective upon
transmission with proof of delivery to the receiving party. All such communications must only
be made to the following:
IF TO THE HEALTH DISTRICT: IF TO TAMU-CC:
Annette Rodriguez Ahmed Mahdy
Director of Public Health Vice President for Research & Innovation.
1702 Horne Rd 6300 Ocean Drive, Unit 5844
Corpus Christi, TX 78416 Corpus Christi, TX 78412-5844
(361) 826-7205 Office (361) 825-3881 Office
(361) 825-3920 Fax
(C) Either party may change the address to which notice is sent by using a method set out
above in this section. TAMU-CC must notify the Health District of an address or phone
number change within 10 days after the address or number is changed.
Section 9. Amendments. No alterations, changes, or modifications to the terms of this
Agreement nor the waiver of any provision will be valid unless made in writing and signed by
all parties to this Agreement by a person authorized to sign agreements on behalf of each
party.
Section 10. Waiver.
(A) The failure of any party to complain of any act or omission on the part of the other party,
no matter how long the same may continue, will not be deemed a waiver by said party of any
of its rights under this Agreement.
(B) No waiver of any covenant or condition or of the breach of any covenant or condition of
this Agreement by any party at any time, express or implied, will be taken to constitute a
waiver of any subsequent breach of the covenant or condition nor will justify or authorize the
nonobservance on any other occasion of the same or any other covenant or condition of this
Agreement.
(C) If any action by TAMU-CC requires the consent or approval of the Health District on one
occasion, any consent or approval given on said occasion will not be deemed a consent or
approval of the same or any other action at any other occasion.
(D) Any waiver or indulgence of TAMU-CC’s default of any provision of this Agreement will
not be considered an estoppel against the Health District. It is expressly understood that, if at
any time TAMU-CC is in default of any of the conditions or covenants of this Agreement, the
failure on the part of the Health District to promptly avail itself of any rights and remedies
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4
which the Health District may have will not be considered a waiver on t he part of the Health
District, but the Health District may at any time avail itself of said rights or remedies or elect to
terminate this Agreement on account of said default.
(E) The rights and remedies in this section are cumulative and are in addition to any other
rights and remedies provided by law.
Section 11. Budgetary Appropriations. TAMU-CC understands and acknowledges that
the continuation of this Agreement after the close of any fiscal year of the City of Corpus
Christi or Nueces County, which fiscal year end on September 30, respectively, of each year,
is subject to sufficient appropriations and budget approval providing for or covering this
Agreement as an expenditure in the City of Corpus Christi’s and Nueces County’s budgets.
Neither the City of Corpus Christi nor the Nueces County represents to TAMU-CC that said
budget item will be actually adopted, the determination as to appropriations and expenses
being within the sole discretion of the City of Corpus Christi’s and Nueces County’s governing
bodies at the time of adoption of their respective budgets. If revenue funds are not
appropriated by the City of Corpus Christi and Nueces County for any individual fiscal year
following the execution of this Agreement, the Health District reserves the right to terminate
this Agreement without penalty. The Health District may direct the TAMU-CC to suspend
work pending receipt and appropriation of funds. The right to suspend work under this
provision does not relieve the Health District of its obligation to make payments for Services
provided up to the date of suspension.
Section 12. Force Majeure. No party to this Agreement will be liable for failures or delays
in performance due to any cause beyond their control including, but not limited to, any
failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public
enemy, common carrier, severe inclement weather, riots or interference by civil or military
authorities. The rights and obligations of the parties will be temporarily sus pended during this
period to the extent performance is reasonably affected.
Section 13. Assignment and Transfer of Agreement. This Agreement may not be, in
whole or in part, assigned or transferred, directly or indirectly, by TAMU-CC without the prior
written consent of the Health District. Subject to the foregoing, this Agreement shall be
binding upon the Health District and TAMU-CC and each of their respective successors and
assigns.
Section 14. Termination of Agreement.
(A) This Agreement terminates upon the earlier of the following:
(1) December 31, 2020;
(2) Lack of budgetary appropriations by the City of Corpus Christi or Nueces County, as
specified in Section 11; or
(3) By mutual consent of the parties to this Agreement.
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(B) In the event of a termination of this Agreement, any unpaid amounts due to TAMU-
CC, prorated through the effective termination date, will be paid to TAMU-CC within thirty
(30) days of the effective termination date.
Section 15. Venue and Jurisdiction.
(A) All actions brought to enforce compliance will be brought in Nueces County, where this
Agreement was executed and will be performed.
(B) This Agreement will be governed by and construed in accordance with the laws of the
State of Texas.
Section 16. Severability.
(A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word
of this Agreement or the application hereof to any person or circumstance is, to any extent,
held illegal, invalid, or unenforceable under present or future law or by a final judgment of a
court of competent jurisdiction, then the remainder of this Agreement, or the application of
said term or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the
parties to this Agreement that every section, paragraph, subdivision, clause, provision,
phrase, or word hereof be given full force and effect for its purpose.
(B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Agreement, then the remainder of this
Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable
clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and enforceable,
will be added to this Agreement automatically.
Section 17. Entirety Clause. This Agreement and the attached and incorporated Exhibit A
constitute the entire agreement between the parties for the purposes stated. All other
agreements, promises, representations, and understandings, oral or otherwise, with
reference to the subject matter hereof, unless contained in this Agreement, are expressly
revoked, as the parties intend to provide for a complete understanding within the provisions
of this Agreement and Exhibit A of the terms, conditions, promises, and covenants relating
to TAMU-CC’s performance hereunder.
(EXECUTION PAGES FOLLOW)
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EXECUTED, on this the day of , 2020.
HEALTH DISTRICT ATTEST:
Annette Rodriguez (Date) Rebecca Huerta (Date)
Health Director City Secretary
APPROVED AS TO LEGAL FORM:
Buck Brice
Assistant City Attorney
for the City Attorney
TEXAS A&M UNIVERSITY-CORPUS CHRISTI
Ahmed Mahdy (Date)
Vice President for Research & Innovation
APPROVED AS TO LEGAL FORM:
Assistant General Counsel
Office of General Counsel
The Texas A&M University System
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DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
Coastal Bend Joint COVID-19 Taskforce Operation and Funding
05/08/2020
The COVID-19 Joint Taskforce was created on April 2nd with goal of creating an
interdisciplinary group of experts to assess and predict the spread of the COVID-19 in the
Coastal Bend. The Taskforce is particularly focused on the present and future load on our
hospital infrastructure. The Taskforce was created by TAMU-CC President Miller and Vice
President Mahdy in collaboration with County Judge Canales and City of Corpus Christi
leadership.
Taskforce members are from Texas A&M University-Corpus Christi, the City of Corpus
Christi, Nueces County, and local hospitals. The focus of the effort are the twelve counties
comprising the Coastal Bend. This geographic area was selected because Corpus Christi
hospitals are the treatment facilities for severe illnesses for these counties.
The Taskforce was set up with an operational focus and organized itself to address the
following goals:
(1) Predictive modeling of the epidemic and in particular:
a. # Infections
b. # Hospitalizations
c. # ICU
d. # Ventilators
(2) Developing and maintaining a healthcare information pipeline to:
a. Calibrate the predictive models
b. Inform local leaders of hospital resource utilization
c. Inform local hospital systems leaders of overall utilization
(3) Sharing information with local leaderships and the public
a. Create maps and a dashboard illustrating the present status and past spread of the
epidemic
b. Create a dashboard providing a local and state status of the epidemic
c. Present the Joint Taskforce assessments and predictions at press events determined
by the city and county leadership
d. Be available to local leadership to provide feedback and information to help in their
decision making
The Taskforce started quickly and selected several COVID-19 predictive models from a list of
established models including models used by the White House. Each model has its own
strengths and a multi-model approach allows for comparisons and internal checks. Thanks to
data provided by the county and local hospitals, the healthcare information pipeline is being
established while navigating a middle ground between healthcare record privacy and m odel
needs.
Many TAMU-CC faculty, students and researchers contributed their effort and were joined by
City and County experts as well as volunteer doctors from the local hospital systems. The
first two months of the effort were contributed to the community by all Taskforce members
without seeking contributions.
Joint Taskforce Volunteers for Initial 2 Months
Tasks Team Members
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DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
Coordination TAMU-CC & CBI: Philippe Tissot, Chris Bird, Gina
Concanon
City of Corpus Christi: Steve Viera, Dan McGinn, Keren
Costanzo
Modeling & Automation TAMU-CC: Chris Bird, Lucy Huang, Jason Selwyn, Scott
King, Evan Krell, Mahmoud Eldefrawy, Davey Edwards,
Undergraduate Research Assistant?
City of Corpus Christi: Keren Costanzo
Healthcare Information
Pipeline
TAMU-CC & CBI: Greg Buck, Jason Louis, Meng Zhao
City of Corpus Christi: Keren Costanzo, Dante Gonzales
Health District: Annette Rodriguez
Coastal Bend Regional Advisory Council: Hilary Watt
Driscoll Hospital: Mike Mohat
Spohn Hospital System: Mike Simmons
Dashboards, Maps and
Messaging
CBI: Bryan Gillis, Lucy Huang, Davey Edwards, Audrey
Garza
TAMU-CC Library: Ed Warga
City of Corpus Christi: Kim Womack, Gabriela Morrow
Other Members and
advisors to Joint
Taskforce and Advisors
TAMU-CC: Leisha Martin, Qianqian Liu
Nueces County: Maggie Turner, Tiffany Anderson
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DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
Transition of Joint Taskforce to a Longer-Term Operation Mode
After the initial intense start, the Taskforce needs to evolve into a longer -term operational unit
to contribute consistent assessment and predictions as long as there is the threat of
potentially overwhelming our hospital infrastructure or as needed by th e community
leadership. The proposal below was developed based on the present operation of the
taskforce while accounting for developing efficiencies and automation of some of the data
processing for the models and dashboards.
Hopefully, City and County members of the Taskforce will be able to continue to contribute
their time to the effort. On the University side, the joint Taskforce was in part enabled by the
short-term flexibility of academic appointments or by funding from the Conrad Blucher
Institute. Hospital systems doctors have volunteered their time as well. After this relatively
long initial period, funding is necessary to create a longer-term operational effort. The longer-
term operation of the taskforce is broken down into three tasks following an estimate of the
TAMU-CC contribution to the initial task. The proposed funding mechanism for tasks 1 -3,
including the TAMU-CC contribution is presented later in the proposal.
Tasks Description Duration Cost
0
Start of the Joint COVID-19 Taskforce with
gathering of experts, goals, tasks, selection and
running of models and regular press
conferences.
April 2 – April
30
$117,053
1
Continuation of the joint taskforce including
continued automation of the operational
COVID19 model
Summer
May 1 –
August 31
$142,912
2
Continuation of the taskforce in operational
mode with capability to tackle changes in the
epidemic
Fall
September 1 –
December 31
$178,225
3
A separate task focused on using cell phone
apps location-based data to quantity the
effectiveness of social distancing measures.
There is no specific budget at present as the
selection of the most effective (cost vs
capability) data set is still ongoing. At present is
appears that free data may be sufficient to
create the relevant information for the Coastal
Bend, and if so a separate task will likely not be
necessary.
May 1 -
December 31
Ongoing
In addition to the core tasks above other TAMU-CC faculty, researchers and students will
continue to be ready to volunteer their advice and help with small tasks in addition to their
full-time work assignments.
The additional tables below provide detailed budgets for the Task 1 and Task 2. The funding
is requested for TAMU-CC taskforce member’s time. Part of that time will be funded by
TAMU-CC and the Conrad Blucher Institute’s unrestricted funds. City, County and Hospital
Systems taskforce members’ time will be contributed by their respective institutions.
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DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
Additional in-kind support is not quantified and is mostly represented by TAMU-CC
computational resources.
The proposed funding mechanism for the taskforce is the following:
(1) TAMU-CC & CBI document their contributions
(2) The remainder of the cost is shared by the other taskforce participants for their own
contributions and by the City of Corpus Christi to fund a substantial part of the TAMU-CC
effort.
Note that the Taskforce could also be expanded to include economic predictions, but these
costs have not been estimated. Longer term, funding could also come from grants or other
competitive funding acquired jointly by the Taskforce members. In addition to the operational
focus of the Taskforce, TAMU-CC researchers will also compete for federal research funding,
from NSF, NIH, or other agencies, while taking advantage of the taskforc e collaborations.
DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
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Task 1 Proposal: June 1, 2020 – August 31, 2020
Green: Contributed by Texas A&M University-Corpus Christi & the Conrad Blucher Institute
Coordination
Philippe Tissot TAMU-CC-CBI 10% (C/S Blucher) $4,296 Financial management of project
Chris Bird
TAMU-CC-LSCI
50% Summer
$22,489
Day to day management of the task force,
COVID19 scenarios & overall modeling
coordination, press briefings and advising,
building of scenarios matching present and
potential measures with model capabilities
Davey Edwards
TAMU-CC-CBI
25%
$12,411
Day to day management of the information
pipelines, dashboard, mapping, including
communication with hospitals and research into cell
phone data
Steve Viera City of Corpus
Christi (City funded) Coordination on city side
Dan McGinn City of Corpus
Christi (City funded) Coordination on city side
Keren Costanzo City of Corpus
Christi (City funded)
Coordination on city side, including working directly
on healthcare information pipeline and several other
tasks
Gina Concannon TAMU-CC-CBI 5% (C/S Blucher) $1,554 Documents review & messaging
Modeling and Automation
Chris Bird TAMU-CC-LSCI (Accounted for
above)
Described above
Lucy Huang
TAMU-CC-CBI
41.75% summer
$21,231
Runs the CHIME model providing alternate and
more specific predictions for hospital infrastructure,
additional research and review of epidemiological
parameters and spread
Jason Selwyn
TAMU-CC-LSCI
PhD Student –
50% + tuition and
fees (Imperial
model + overall
modeling) – C/S
R&I Ahmed
$11,992
Runs the Imperial College model providing short
term predictions and parameters for the other
models. Assists in all modeling tasks
DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
12
Graduate student
working with Chris
(Luz)
TAMU-CC-LSCI
Employee of
genomic core lab
(Bird)
Graduate student
working (50% time
20 hrs/week x
$15/hr) for12
weeks
$5,459
Assistant learning and then operating the COVID19
operational model providing the main predictions for
the taskforce
Undergraduate
Student (Roy)
TAMU-CC-LSCI
URA working with
Chris
12 hrs/week -
$2,184 Daily extraction of Unicast Data and
maintenance of graphics
Scott King
TAMU-CC-CSCI
10% - automation
and CS advising –
C/S CLSE
$5,975 Coordination of automation of the data pipelines, as
well as new computational tasks and advising
Evan Krell TAMU-CC-CSCI
(King)
PhD Student –
50% Summer -
$11,992
Automation of the data pipelines including general
model data updates, regional and local data
Mahmoud
Eldefrawy
TAMU-CC-CSCI
(King)
PhD Student –
50% Summer -
automation
$11,992
Automation of the data pipelines including general
model data updates, regional and local data
Healthcare Information Pipeline
Keren Costanzo (City funded)
Greg Buck TAMU-CC-LSCI 10% (summer) $4,346
Establishment of the healthcare information pipeline
and advising regarding the microbiology and virus
biology – review of model parameters
Meng Zhao TAMU-CC-
CONHS 10% (summer) $4,803
Establishment of the healthcare information pipeline
and advising regarding hospitals, epidemiology and
related practices – review of model parameters
Jason Louis
TAMU-CC-CBI
25%
$5,901
Gathering of healthcare pipeline and other
information (hotel, water, TxDOT,…), maintenance
of historical records and point of contact with direct
contact with data providers when needed
Annette Rodriguez Nueces County (County funded) Provides information, advice and feedback
regarding all county health issues
Mike Mohat -
Advisory
Driscoll
(Funded by
Hospital)
Provides information for Driscoll Hospital and
guidance and feedback for hospital needs and
operation
DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
13
Mike Simmons -
Advisory Spohn (Funded by
Hospital)
Provides information for the Spohn Hospital system
and guidance and feedback for hospital needs and
operation
Hilary Watt –
Advisory CBRAC (Funded by
CBRAC)
Provides information for the Coastal Bend hospitals
and guidance and feedback for hospital needs and
operation
Dashboards, Maps and Messaging
Bryan Gillis TAMU-CC-CBI 50% (C/S Blucher) $11,919
Davey Edwards TAMU-CC-CBI (Accounted for
Above)
Described above
Audrey Garza
(Edwards) TAMU-CC-CBI Hourly URA $4,368 Daily gathering and formatting of data for
dashboards and models (CHIME)
Summer Project
Total $142,913
In Kind Resources
TAMU-CC
Computational
resources
TAMU—CC
Share of Funding
TAMU-CC
$35,736
Cost shared by TAMU-CC with $17,769 provided by
the Conrad Blucher Institute, $11,992 from R&I and
$5,975 from COSE
Health District $107,176
DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
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Task 2 Proposal: September 1, 2020 – December 31, 2020
Green: Contributed by Texas A&M University-Corpus Christi & the Conrad Blucher Institute
Coordination
Philippe Tissot TAMU-CC-CBI 10% (C/S Blucher) $6,650 Financial management of projects
Chris Bird
TAMU-CC-LSCI
Course buyout from
the university (25%)
– C/S CLSE, + 25%
from joint funding
$34,802
Day to day management of the task
Day to day management of the task
force, COVID19 scenarios & overall
modeling coordination, press
briefings and advising, building of
scenarios matching present and
potential measures with model
capabilities
Davey Edwards
TAMU-CC-CBI
28.13%
$19,207
Day to day management of the information
pipelines, dashboard, mapping, including
communication with hospitals and research
into cell phone data
Steve Viera City of Corpus
Christi (City funded) Coordination on city side
Dan McGinn City of Corpus
Christi (City funded) Coordination on city side
Keren Costanzo City of Corpus
Christi (City funded)
Coordination on city side, including
working directly on healthcare information
pipeline
Gina Concannon TAMU-CC-CBI 5% (C/S Blucher) $2,426 Documents review & messaging
Modeling and Automation
Chris Bird TAMU-CC-LSCI (Accounted above)
Lucy Huang TAMU-CC-CBI 29.11% Fall $20,371
Run the CHIME model, additional research
and review of epidemiological parameters
and spread
Jason Selwyn
TAMU-CC-LSCI
PhD Student – 50%
+ tuition and fees
(Imperial College
model + overall
$18,043
DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
15
modeling) C/S RCO
Ahmed
Graduate student
working with Chris
(Luz)
TAMU-CC-LSCI
Employee of
genomic core lab
(Bird)
Graduate student
working (50% time
20 hrs/week x
$15/hr)
$9,132
Operational runs for the model
Part time student
working with Chris
TAMU-CC-LSCI
URA working with
Chris
Part time student
working ~7
hours/week at
$13.85/hr
$2,858
Extraction of Unicast Data –
Evan Krell TAMU-CC-CSCI
(King)
PhD Student – 50%
Fall
$18,196
Automation of the data pipelines including
general model data updates, regional and
local data
Scott King
TAMU-CC-CSCI
5% - automation
and CS advising –
C/S CLSE
$4,626
Coordination of automation of the data
pipelines, as well as new computational
tasks and advising
Healthcare Information Pipeline
Keren Costanzo (City funded)
Greg Buck TAMU-CC-LSCI 5.63% (fall) $3,362 Advising regarding the microbiology and
virus biology – review of model parameters
Meng Zhao TAMU-CC-CONHS 5.63% (fall) $3,717
Advising regarding hospitals, epidemiology
and related practices – review of model
parameters
Jason Louis
TAMU-CC-CBI
28.12% (fall)
$9,114
Gathering of healthcare pipeline and other
information (hotel, water, TxDOT,…),
maintenance of historical records and
direct contact with data providers
Annette Rodriguez Health District (Health District
funded)
Provides information, advice and feedback
regarding all county health issues
Mike Mohat -
Advisory
Driscoll
(Funded by
Hospital)
Provides information for Driscoll Hospital
and guidance and feedback for hospital
needs and operation
Mike Simmons -
Advisory Spohn (Funded by
Hospital)
Provides information for the Spohn
Hospital system and guidance and
feedback for hospital needs and operation
DocuSign Envelope ID: 2161232A-9ADC-483A-8D70-8AB5BDC5AE31
Exhibit A
16
Hilary Watt –
Advisory CBRAC (Funded by
CBRAC)
Provides information for the Coastal Bend
hospitals and guidance and feedback for
hospital needs and operation
Dashboards, Maps and Messaging
Bryan Gillis TAMU-CC-CBI 50% (C/S Blucher) $18,415
Davey Edwards TAMU-CC-CBI (Accounted Above) Described above
Audrey Garza
(Edwards) TAMU-CC-CBI Hourly URA $7,306 Daily gathering and formatting of data for
dashboards and models (CHIME)
Fall Project Total $178,226
In Kind Resources
TAMU-CC
Computational
resources
TAMU--CC
Share of Funding
TAMU-CC
$67,561
Cost shared by TAMU-CC with $27,491
provided by the Conrad Blucher Institute,
$18,043 from R&I and $22,026 from COSE
Health District $110,664
DATE: July 21, 2020
TO: Peter Zanoni, City Manager
FROM: Roberto Martinez, Director of Public Works
Robertom@cctexas.com
(361) 826-1957
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year supply agreement with Ennis-Flint, Inc. from Thomasville,
North Carolina, in amount not to exceed $134,970.72 for the purchase of traffic control
thermoplastic pavement markings material for the Public Works Department, with FY
2020 funding in the amount of $7,498.37 available through the Streets Fund.
SUMMARY:
This motion authorizes a three-year supply agreement for traffic control pavement
marking thermoplastic materials with Ennis-Flint, Inc., who is the incumbent. This product
has been under contract the past three years with the same supplier. Current contract
expires August 2020. Thermoplastic pavement marking materials are used to mark traffic
lanes, legends, symbols, and boundaries on roads, parking lots, and other paved
surfaces. The thermoplastics material will be applied to pavement by the Signs and
Markings Division of the Public Works Department.
BACKGROUND AND FINDINGS:
The Signs and Markings Division of Public Works maintains and installs 25,000 feet of
pavement markings through the application of thermoplastics material on crosswalks,
stop bars, turn arrows, and pavement text on an as needed basis. Once the
thermoplastics are applied, its life span is up to five years. One of the most significant
benefits of using thermoplastic road markings is that it promotes road safety. The
thermoplastic markings are highly reflective, which makes it highly visible at night, in bad
Purchase of Traffic Control Thermoplastics Material
used by the Public Works Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 21, 2020
weather conditions, and when the visibility is poor. This enables traffic to stay in their
designated lanes and helps prevent accidents. There is no cost-effective alternative.
Thermoplastics are safer than painted markings and offer better skid resistance,
especially on wet pavements. They have superior visibility under both daytime and
nighttime conditions; reflective glass beads are incorporated throughout the material.
Thermoplastic markings also pose no danger to the environment and will last up to six
times as long as pavement paint.
This procurement is through the Texas Smart Buy Cooperative. Contracts awarded
through the Texas Smart Buy Purchasing Cooperative have been competitively procured,
in compliance with local and state procurement requirements. The Contracts and
Procurement Department conducted a cost analysis of savings between the cooperative
purchase price and the vendor’s list price, which concluded with a 56% cost savings.
Additionally, there is a 10% savings, with the exception of one item, related to the previous
agreement.
ALTERNATIVES:
The alternative to accepting this bid would be to require the Public Works Department to
purchase traffic control thermoplastic pavement markings material on an as needed basis
on individual orders, which would not be as productive. In addition, a long-term supply
agreement allows for a better economy of scale.
FISCAL IMPACT:
The fiscal impact in FY 2020 is $ 7,498.37 for the traffic control thermoplastic pavement
markings material funded through the Street Fund. The remaining cost $127,472.35 will
be funded through the annual budget process.
FUNDING DETAIL:
Fund: 1041 Streets Fund
Organization/Activity: 12320 Signs & Markings
Mission Element: 053 Signals, Signs & Markings
Project # (CIP Only): N/A
Account: 520130 Maintenance Repairs
RECOMMENDATION:
Staff recommends the approval of this agreement with Ennis-Flint, Inc. for traffic control
thermoplastic pavement markings material as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
Supply Agreement
CITY OF CORPUS CHRISTI PRICE SHEET
PURCHASING DIVISION THERMOPLASTICS
BUYER: MARCO LOZANO TxSmartbuy # 550-A2
ENNIS FLINT, INC
Greensboro, NC.
Item
No.Comm.#Description Qty Unit Cost Extended Cost
1 8130102 PM 125WH Q1 BD 8' ONLY thermoplastic
(1/box)90 $116.29 $10,466.10
2 8330241L PM125WH Q2 BD 8' LEFT TURN ARROW 80 $162.45 $12,996.00
3 8330241R PM125WH Q2 BD 8' RIGHT TURN ARROW 80 $162.45 $12,996.00
4 8330240 PM125WH Q2 BD 9'10" STRIGHT ARROW 60 $140.10 $8,406.00
5 8431064 PM125WH Q30' BD 12" WHITE LINE 360 $77.62 $27,943.20
6 8431065 PM125WH Q30' BD 16" WHITE LINE 240 $104.02 $24,964.80
7 8430566 PM125WH Q15' BD 24" WHITE LINE 420 $77.62 $32,600.40
8 PM602002 PM WH Q36'/36' 4" RUMBLE BAR KIT 18 $118.73 $2,137.14
9 PM602006L PM90WH Q5 VG 6'x3'4" LFT BIKE RIDER 1 $352.40 $352.40
10 PM602006R PM90WH Q5 VG 6'x3'4" RGT BIKE SYMBOL 1 $352.40 $352.40
11 89230525LHS PM90WH Q5 VG 4'x2' LFT BIKE LN SYM 1 $241.74 $241.74
12 89230525RHS PM90WH Q5 VG 4'x2' RGT BIKE LN SYM 1 $241.74 $241.74
13 PM600833LVG PM90WH Q2 40"x112" LFT BIKE/CHEVRON 1 $181.19 $181.19
14 PM600833RVG PM90WH Q2 40"x112" RGT BIKE/CHEVRON 1 $181.19 $181.19
15 PM602005 PM90WH Q2 VG 6'x 2' STR. ARROW 1 $60.28 $60.28
16 8232503 PM125WH Q25 BD 12"x18" SHARKS TEETH 1 $131.08 $131.08
17 8231002 PM125WH Q10 BD 2'x3' SHARKS TEETH 1 $99.84 $99.84
18 8130106 PM125WH Q1 BD 8' "AHEAD" FHWA 1 $161.44 $161.44
19 8110101 PM125WH Q1 BD 8' "SCHOOL" FHWA 1 $181.02 $181.02
20 8130105 PM125WH Q1 BD 8' "SIGNAL" FHWA 1 $161.44 $161.44
21 8130104 PM125WH Q1 BD 8' "STOP" FHWA 1 $115.32 $115.32
22 Three-5 gal. buckets of concrete primer for
thermo (No Charge)
Extended Quanity & Cost 1361 $134,970.72
DATE: July 21, 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
KevinN@cctexas.com
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a purchase of three John Deere mini excavators from Doggett Heavy
Machinery Services, LLC., in an amount of $277,780.00, for the Utilities Department,
effective upon issuance of letter of acceptance, with FY 2020 funding in an amount of
$138,906.00 available in the Fleet Maintenance Services Fund and $138,874.00
available in the Water Fund.
SUMMARY:
This motion authorizes the purchase of three John Deere mini excavators for the Utilities
Department through the BuyBoard Cooperative. This equipment will be used to dig
trenches for the installation or repair of water and wastewater lines throughout the City.
One of the three units will be a replacement and the other two will be additions to the
department’s fleet.
BACKGROUND AND FINDINGS:
The Utilities department has an operational need to purchase three John Deere mini
excavators, which will be used to dig trenches for the installation or repair of water and
wastewater lines. One John Deere 85G will be replacing a 14 year-old unit that has
passed its expected service life of 8 years. It has approximately 5000 hours. The unit
being replaced is unit #3044 and it is still in service. It will be retired and sold upon
receiving new unit. Two John Deere 35G mini excavators are additions. Currently the
Purchase of Three Mini Excavators for Utilities Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 21, 2020
need is being filled by rental units.
This procurement is through the BuyBoard Cooperative. Contracts awarded through the
BuyBoard Cooperative have been competitively procured, in compliance with Texas local
and state procurement requirements.
ALTERNATIVES:
An alternative is to continue to rent the equipment as needed. However, this may result
in less construction work and slower response to emergency repairs creating a loss of
service to City customers if equipment is not readily available from the rental companies.
FISCAL IMPACT:
The fiscal impact in FY2020 for Asset Management is $138,906.00 and $138,874.00 for
the Utilities Department for the purchase of these three mini excavators.
FUNDING DETAIL:
Fund: 5110 Fleet Maintenance Services
Organization/Activity: 40120 Equipment Purchases- Fleet
Mission Element: 202 Maintain the Fleet
Project # (CIP Only): N/A
Account: 550020 Vehicles & Machinery
Cost: $138,906.00
Fund: 4010 Water Fund
Organization/Activity: 31520 Treated Water
Mission Element: 041 Distribute Water
Project # (CIP Only): N/A
Account: 550020 Vehicles & Machinery
Cost: $138,874.00
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase of three mini
excavators from Doggett Heavy Machinery Services, LLC.as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL
1 2020 - 85G Mini Excavator 1 each $138,906.00 $138,906.00
2 2020 - 35G Mini Excavators 2 each $69,437.00 $138,874.00
$277,780.00
Doggett Heavy Machinery
Corpus Christi, TX
TOTAL
Price Sheet
Three Mini Excavators for
Utilities Department
BuyBoard Contract 597-19
City of Corpus Christi
Contracts and Procurement
Senior Buyer: Cynthia Perez
DATE: June 26, 2020
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Motion authorizing the renewal of four Facilities Master Services Agreement Contracts for the second
year of a two-year term, with no guaranteed minimum and a maximum aggregate of $2,500,000 per
agreement in any one-year with Barcom Construction, Davila Construction, Gourley Contracting and
Teal Construction, all construction contractors located within City, for minor construction, repair,
rehabilitation, and alteration services for city facilities located City wide, funding is approved with the
delivery orders and available through FY 2020 Capital Improvements Program and 2018 Bond Program.
SUMMARY:
This action renews four Facilities Multiple Award Contract (FMAC) Master Service Agreements for
minor construction, repair, rehabilitation, and alteration services for city facilities.
BACKGROUND AND FINDINGS:
The FMAC Program is a Job Order Contracting program utilizing competitive sealed bids rather than a
unit price book to cost individual job orders. All pre-approved contractors are invited to bid on individual
projects or packages of small facilities projects. The construction value of FMAC projects typically
ranges from $50,000 to $250,000. FMAC program utilizes competitive bids among pre-approved
contractors rather than using Bid solicitation. This allows full competition among the FMAC contractors
on each delivery order. FMAC projects may be funded by departmental operating funds, Capital
Improvements Program (CIP) funds or Bond proceeds. Construction projects with anticipated costs
greater than $500,000 are typically procured through open bid. A report listing all past job assignments
on these contracts is attached in Exhibit 1.
The current FMAC contracts were awarded on March 26, 2019 with the understanding that the renewals
would be brought back to Council. Due to difficulties scheduling the renewal item, the contracts were
administratively extended for 3 months to allow time for the council renewals. The current FMAC
contracts are established as a one-year base period plus one-year optional extensions. There is an
indefinite amount of subsequent job orders that depends on the competitiveness of a contractor’s bid
pricing. The contracts have no guaranteed minimum with a maximum aggregate amount not to exceed
$2,500,000 in any one year.
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 21, 2020
Master Services Agreements
Facilities Multiple Award Contract (FMAC)
Staff is recommending to not renew the contract with the alternate contractor, ABBA Construction of
Laredo, due to performance issues on other City contracts.
PROJECT TIMELINE:
2020 2021
J A S O N D J F M
AGREEMENT PERIOD
COMPETITIVE SOLICITATION PROCESS
Barcom Construction, Davila Construction, Gourley Contracting and Teal Construction were selected
for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Program under Request
for Proposals (RFP) No. 2018-06 Facilities Multiple Award Contract (FMAC).
The selection committee consisted of City staff from the Asset Management Departm ent and
Engineering Services. Firms were ranked based on five factors: 1) experience of the firm, 2) experience
of the key personnel with specific experience, 3) project approach and management plan, 4) capacity
to meet the project requirements and timelines, and 5) past performance.
ALTERNATIVES:
The City could rebid the FMAC contracts, however, that will delay construction of FMAC projects
currently in design, cause changes to contractual documentation and additional fees. Furthermore,
minor construction projects in range from $50,000 to $500,000 would have a longer contract approval
cycle.
FISCAL IMPACT:
This item proposes to award FMAC contracts to be awarded to Teal Construction, Barcom Construction,
Gourley Contracting, and Davila Construction, for an additional year, with no guaranteed minimum and
a maximum aggregate of $2,500,000. Funding is approved with the delivery orders and available
through FY 2020 CIP and Bond Program.
FUNDING DETAIL:
Not applicable. Funding will be available as projects are identified.
RECOMMENDATION:
Staff recommends FMAC contractors to be awarded to Teal Construction, Barcom Construction,
Gourley Contracting, and Davila Construction, for an additional year, with no guaranteed minimum and
a maximum aggregate of $2,500,000.
LIST OF SUPPORTING DOCUMENTS:
Location & Vicinity Maps
Exhibit A-Report Year-1 FMAC Contracts
Master Services Agreement Barcom Construction
Master Services Agreement Davila Construction
Master Services Agreement Gourley Contracting
Master Services Agreement Teal Construction
37
37
181
77
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
FMAC MASTER SERVICE AGREEMENT
Project Number: 19002ALOCATION MAP
NOT TO SCALE
CITYWIDE PROJECT
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
FMAC MASTER SERVICE AGREEMENT
Project Number: 19002AVICINITY MAP
NOT TO SCALE
CITYWIDE PROJECT
Renewal
City of Corpus Christi
Contracts and Procurement Department
Date: June 22, 2020
Agreement No.: N/A
Reference: Construction Contract
Facilities Multiple Award Contract (FMAC) Master Agreement
Project No.19002A (Orig.) Renewal No. 01
Agreement Current Not to Exceed Value: $2,500,000
Whereas, the City of Corpus Christi and Barcom Construction, Inc. entered into a Construction
Contract for Facilities Multiple Award Contract (FMAC) Master Agreement – Project No. 19002A (the
“Agreement”) on March 26, 2019 in the amount of $2,500,000.
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Barcom
Construction, Inc., hereinafter referred to as the Contractor, do hereby renew the Agreement, effective
as of June 28, 2020.
I.
This document exercises the remainder of the one optional one-year extension of the
contract term as referenced in the Contract Agreement, Article II as follows:
1. Initial Agreement Term Effective: 03/26/2019 - 03/25/2020
2. Partial Renewal of the option one Renewal Term Effective:
03/27/2020 – 06/27/2020
3. Remainder of option one Renewal Term Effective: 06/28/2020 –
3/25/2021
II.
Compensation in an additional amount not to exceed $2,500,000.00, for a total revised
contract value not to exceed $5,000,000.00, which will be paid based on approved Task
Orders during the renewal term as referenced in the Agreement.
The Contractor and the City agree to and shall abide by all terms and conditions of the original
Agreement and any amendments to that Agreement.
DocuSign Envelope ID: 95EC88D6-C6AA-4B6E-AA37-34640E77EE39
Page 2 of 2
___________________________________
David Hoffman
Vice-President
Barcom Construction Inc.
___________________________________
Michael Rodriguez
Chief of Staff
City of Corpus Christi, Texas
APPROVED AS TO LEGAL FORM:
__________________________________
Assistant City Attorney
ATTEST:
__________________________________
City Secretary
DocuSign Envelope ID: 95EC88D6-C6AA-4B6E-AA37-34640E77EE39
6/22/2020
Renewal
City of Corpus Christi
Contracts and Procurement Department
Date: June 22, 2020
Agreement No.: N/A
Reference: Construction Contract
Facilities Multiple Award Contract (FMAC) Master Agreement
Project No.19002A (Orig.) Renewal No. 01
Agreement Current Not to Exceed Value: $2,500,000
Whereas, the City of Corpus Christi and Davila Construction, Inc. entered into a Construction Contract
for Facilities Multiple Award Contract (FMAC) Master Agreement – Project No. 19002A (the
“Agreement”) on March 29, 2019 in the amount of $2,500,000.
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Davila Construction,
Inc., hereinafter referred to as the Contractor, do hereby renew the Agreement, effective as of March
25, 2020.
I.
This document exercises the remainder of the one optional one-year extension of the
contract term as referenced in the Contract Agreement, Article II as follows:
1. Initial Agreement Term Effective: 03/26/2019 - 03/25/2020
2. Partial Renewal of the option one Renewal Term Effective:
03/27/2020 – 06/27/2020
3. Remainder of option one Renewal Term Effective: 06/28/2020 –
03/25/2021
II.
Compensation in an additional amount not to exceed $2,500,000.00, for a total revised
contract value not to exceed $5,000,000.00, which will be paid based on approved Task
Orders during the renewal term as referenced in the Agreement.
The Contractor and the City agree to and shall abide by all terms and conditions of the original
Agreement and any amendments to that Agreement.
DocuSign Envelope ID: 0A15C53E-5F94-4F0F-92CE-E461E5F007E0
Page 2 of 2
___________________________________
Tony Davila
President/ Owner
Davila Construction Inc.
___________________________________
Michael Rodriguez
Chief of Staff
City of Corpus Christi, Texas
APPROVED AS TO LEGAL FORM:
__________________________________
Assistant City Attorney
DocuSign Envelope ID: 0A15C53E-5F94-4F0F-92CE-E461E5F007E0
6/22/2020
Renewal
City of Corpus Christi
Contracts and Procurement Department
Date: June 22, 2020
Agreement No.: N/A
Reference: Construction Contract
Facilities Multiple Award Contract (FMAC) Master Agreement
Project No.19002A (Orig.) Renewal No. 01
Agreement Current Not to Exceed Value: $2,500,000
Whereas, the City of Corpus Christi and Gourley Contracting, LLC entered into a Construction
Contract for Facilities Multiple Award Contract (FMAC) Master Agreement – Project No. 19002A (the
“Agreement”) on March 29, 2019 in the amount of $2,500,000.
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Gourley
Contracting, LLC, hereinafter referred to as the Contractor, do hereby renew the Agreement, effective
as of March 25, 2020.
I.
This document exercises the remainder of the one optional one-year extension of the
contract term as referenced in the Contract Agreement, Article II as follows:
1. Initial Agreement Term Effective: 03/26/2019 - 03/25/2020
2. Partial Renewal of the option one Renewal Term Effective:
03/27/2020 – 06/27/2020
3. Remainder of option one Renewal Term Effective: 06/28/2020 –
03/25/2021
II.
Compensation in an additional amount not to exceed $2,500,000.00, for a total revised
contract value not to exceed $5,000,000.00, which will be paid based on approved Task
Orders during the renewal term as referenced in the Agreement.
The Contractor and the City agree to and shall abide by all terms and conditions of the original
Agreement and any amendments to that Agreement.
DocuSign Envelope ID: 7E2C4A2C-BB3D-4336-8050-791E8DA4B774
Page 2 of 2
___________________________________
James Gourley
Vice-President
Gourley Contracting, LLC
___________________________________
Michael Rodriguez
Chief of Staff
City of Corpus Christi, Texas
APPROVED AS TO LEGAL FORM:
__________________________________
Assistant City Attorney
DocuSign Envelope ID: 7E2C4A2C-BB3D-4336-8050-791E8DA4B774
6/22/2020
Renewal
City of Corpus Christi
Contracts and Procurement Department
Date: June 22, 2020
Agreement No.: N/A
Reference: Construction Contract
Facilities Multiple Award Contract (FMAC) Master Agreement
Project No.19002A (Orig.) Renewal No. 01
Agreement Current Not to Exceed Value: $2,500,000
Whereas, the City of Corpus Christi and Teal Construction Company entered into a Construction
Contract for Facilities Multiple Award Contract (FMAC) Master Agreement – Project No. 19002A (the
“Agreement”) on March 29, 2019 in the amount of $2,500,000.
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Teal Construction
Company, hereinafter referred to as the Contractor, do hereby renew the Agreement, effective as of
March 25, 2020.
I.
This document exercises the remainder of the one optional one-year extension of the
contract term as referenced in the Contract Agreement, Article II as follows:
1. Initial Agreement Term Effective: 03/26/2019 - 03/25/2020
2. Partial Renewal of the option one Renewal Term Effective:
03/27/2020 – 06/27/2020
3. Remainder of option one Renewal Term Effective: 06/28/2020 –
03/25/2021
II.
Compensation in an additional amount not to exceed $2,500,000.00, for a total revised
contract value not to exceed $5,000,000.00, which will be paid based on approved Task
Orders during the renewal term as referenced in the Agreement.
The Contractor and the City agree to and shall abide by all terms and conditions of the original
Agreement and any amendments to that Agreement.
DocuSign Envelope ID: 4F752C3B-5E3D-4BDB-A57D-FD10F5C93755
Page 2 of 2
___________________________________
Michael Miller
Director of Corpus Christi Operations
Teal Construction Company
___________________________________
Michael Rodriguez
Chief of Staff
City of Corpus Christi, Texas
APPROVED AS TO LEGAL FORM:
__________________________________
Assistant City Attorney
DocuSign Envelope ID: 4F752C3B-5E3D-4BDB-A57D-FD10F5C93755
6/23/2020
Project Name Project Description Low Bidder Low Bid $Notice to
Proceed Date
Senior Centers - Garden Roof complete re-roof Barcom Construction 88,300.85$ 12/16/2019
Museum of Science and History Roofing
roof and wall leak repairs, downspout
improvements, new splash blocks,
regrading perimeter of building and
associated lanscape improvements
Davila Construction 330,000.00$ 5/29/2019
Fire Station 1 Roof Improvements complete roofing system improvements,
exterior wall repairs, and leak repairs Gourley Contractors 421,980.00$ 11/6/2019
JC Elliot Landfill Security Gate Replacement of front and rear broken
faciltiy gates Gourley Contractors 85,206.62$ 10/3/2019
Greenwood Pool Facility Improvements
pool pump upgrades, fence replacement,
LED lighting upgrades, epoxy flooring
improvements in shower rooms and
dining area
Gourley Contractors 298,635.00$ 10/3/2019
City Hall Lipan ADA Ramp Replacement
Replacing broken ramp with ADA
accessble sidewal for building access and
emergency egress
Teal Construction 244,128.98$ 10/29/2019
Animal Care Emergency Generator Replacement
Removal and replacement of existing
generator and associated electrical
service
Gourley Contractors 272,808.92$ 3/19/2020
Health Department Walk-In Cooler Premanufactued refrigerator unit cooler
will house cold-strain immunizations Barcom Construction 44,841.16$ 4/27/2020
1,785,901.53$
FMAC March 26, 2019 - March 26, 2020
*Adminstrative approval for an extended delivery year for Barcom
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 21, 2020
DATE: June 24, 2020
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Kim Baker, Director of Contracts and Procurement
kimb2@cctexas.com
(361) 826-3169
CAPTION:
Motion awarding four Master Service Agreements to provide design services for general
renovations for multiple citywide facility projects with interior, exterior, mechanical, electrical,
plumbing, and site civil design services for Bond and Capital Improvement Projects to Gignac &
Associates LLP, LNV Inc, WKMC Architects, Inc and Bath Group, Inc, all firms are located in Corpus
Christi, Texas, for an initial amount up to $200,000 per contract per year with one additional renewal
option to be administratively authorized for a total not to exceed $400,000, funding will be approved
with the delivery orders and is available through FY 2020 Capital Improvements Program and the
recommended Bond Program.
SUMMARY:
This action approves four separate Master Service Agreement (MSA’s) for general renovations for
multiple facility projects with interior, exterior, mechanical, electrical, plumbing (MEP), and site civil
design services for Bond and Capital Improvement Projects (CIP). Building improvements may
include fire station bay floors, roofs, building façades, air conditioning, fire protection systems,
electrical system, lighting, ADA deficiencies, sidewalks, driveways and parking lots.
BACKGROUND AND FINDINGS:
MSA is a type of contract where work is accomplished by multiple task orders (TO’s) under a blanket
set of terms and conditions and a fee rate schedule for engineering services. The MSA allows the
City to administer TO’s for various scopes of work under agreed rates. MSA’s are an efficient
method to procure and expedite the professional services, which reduces overhead and
administrative effort. The contracts are limited by the stipulated contract terms. TO’s may range
from minimum amount of $100 to a maximum amount of $200,000 depending on the designer’s
Master Services Agreements
General Renovations with Interior, Exterior,
Mechanical, Electrical, Plumbing, and Site Civil Services
level of effort. Some of the projects that will be designed with the MSA’s are general building
improvements for fire station bay floors, roofs, building façades, air conditioning, fire protection
systems, electrical system, lighting, sidewalks, driveways, and parking lots. This is the first time the
City is procuring a MSA for design services.
PROJECT TIMELINE:
The MSA’s contract will be awarded for a year from July 2020-July 2021.
2020 2021
J A S O N D J F M A M J
AGREEMENT PERIOD
COMPETITIVE SOLICITATION PROCESS
Gignac & Associates LLP, LNV Inc, and WKMC Architects, were selected for general renovation
with interior, MEP, ADA, and site civil projects under Request for Qualifications (RFQ) 2018-10.
Bath Group Inc was selected for general renovation with exterior, interior, MEP, HVAC
upgrades/replacement, fire suppression system upgrade, ADA, site civil projects and other
miscellaneous architectural and structural improvements under RFQ 2667. Four firms were
selected under Professional Engineering Services - Future Facilities CIP. Bath Group Inc was one
of the firms.
The selection committee consisted of City staff from the Asset Management Department and
Engineering Services. Firms were ranked based on five factors: 1) experience of the firm, 2)
experience of the key personnel with specific experience, 3) project approach and management
plan, 4) capacity to meet the project requirements and timelines, and 5) past performance.
ALTERNATIVES:
Any alternative to awarding these contracts to Gignac & Associates LLP, LNV Inc, WKMC
Architects, and Bath Group Inc will delay projects.
FISCAL IMPACT:
This item will award four separate MSA contracts for design, bid and construction phase services
to Gignac & Associates LLP, LNV Inc, WKMC Architects and Bath Group, Inc in the amount up to
$200,000 per contract per year for the initial amount with one additional renewal option to be
administratively authorized for a total not to exceed $400,000. Funding is approved with the delivery
orders and available through FY 2020 CIP and Bond Program.
Funding Detail:
Not applicable. Funding will be available as projects are identified.
RECOMMENDATION:
Staff recommends approval of four separate MSA contracts with Gignac & Associates LLP, LNV
Inc, WKMC Architects and Bath Group, Inc, in the amount not to exceed $200,000 per year and
one additional renewal option to be administratively authorized for a total not to exceed $400,000.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Master Services Agreement Gignac & Associates LLP
Master Services Agreement LNV Inc.
Master Services Agreement WKMC Architects
Master Services Agreement Bath Group, Inc
37
37
181
77
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
LOCATION MAP
NOT TO SCALE
CITY WIDE PROJECT
MSA General Renovations
(Public Parks and Facilities)
Project Number: 20M0011
Project Number: 20M0012
Project Number: 20M0013
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
MSA General Renovations
(Public Parks and Facilities)
VICINITY MAP
NOT TO SCALE
CITY LIMITS
Project Number: 20M0011
Project Number: 20M0012
Project Number: 20M0013
CITY WIDE PROJECT
Page 1 Rev. 20-5
SERVICE AGREEMENT NO. 3055
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
For Project 20M007- Future Facilities CIP
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or designee BATH GROUP INC., 5656 S Staples St., Suite 110, Corpus Christi, Texas
78411 (Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I PROJECT TASK ORDER ..................................................................................... 2
ARTICLE II COMPENSATION ................................................................................................. 3
ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4
ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4
ARTICLE V INDEMNIFICATION .............................................................................................. 4
ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5
ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6
ARTICLE IX OWNER REMEDIES ............................................................................................ 6
ARTICLE X CONSULTANT REMEDIES .................................................................................. 7
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7
ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9
EXHIBITS
Page 2 Rev. 20-5
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the
terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be
designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been
properly executed by both City and Consultant. The general scope for these Task Orders is outlined in
Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed.
Task Orders shall become a supplemental agreement to this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of
Services shall include all associated services required for Consultant to provide such Services, pursuant
to this Agreement, and any and all Services which would normally be required by law or common due
diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will
perform the Services in accordance with the approved Scope of Services and with Consultant’s response
to the Request for Qualifications related to this project, which response is incorporated by reference into
this Agreement as if set out here in its entirety.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services
related to assisting Engineering Services with professional engineering, architecture and construction
services related to execution of Capital Improvements Programs. All work will be subject to authorization
from City. A detailed Scope of Services and fee estimate will be developed for each task prior to
execution of work.
1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task
Orders. 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 Task Order. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services
agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant.
Consultant must provide City with a list of all subconsultants that includes the services performed by the
subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s
team that provides services under this Agreement must be agreed to by the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed
on the scope of the Project and are issued the fully executed Task Order to proceed.
1.8 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant
acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions
for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement.
1.9 For projects that require subsurface utility investigation:
1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying
all utilities within the project area at the Quality Level specified in the Task Order. It is assumed
that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
Page 3 Rev. 20-5
1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local
franchises, electric companies, communication companies, private pipeline companies and 3rd
party owners/operators.
1.10 For project with potential utility conflicts:
1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed
$200,000.00.
2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with
a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total
compensation for all services outlined in each Task Order, and for all expenses incurred in performing
these services.
2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by
the City.
2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. 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.
2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals
acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with
each payment request that clearly indicates how that individual’s time is allocated and the justification for
that allocation.
2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant
shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and
follow the procedures provided herein for the resolution of such dispute. In the event Consultant does
not initiate and follow the claims procedures provided in this Agreement in a timely manner and as
required by the terms thereof, any such claim shall be waived.
2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be
directed to suspend work pending receipt and appropriation of funds. The right to suspend work under
this provision does not relieve the City of its obligation to make payments in accordance with section 2.5
above for services provided up to the date of suspension.
Page 4 Rev. 20-5
ARTICLE III – QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services
for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the project scope. Based on the
findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable
Cost (OPC) as needed.
3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order
may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not
be compensated for having to resubmit documents.
ARTICLE IV – INSURANCE REQUIREMENTS
4.1 Consultant must not commence work under this Agreement until all required insurance has been
obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has been obtained.
4.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE V - INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person’s agent,
employee or subconsultant, over which the City exercises control (“Indemnitee”) from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable
attorney’s fees in proportion to the Consultant’s liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant’s activities under this
Agreement.
Page 5 Rev. 20-5
ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
6.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
6.3 The term of this Agreement shall be for a period of one years beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement may be renewed for up to one
year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration
of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes.
6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Consultant will perform services and provide deliverables within a reasonable time.
ARTICLE VII - TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
7.3 Termination Procedure
7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially
completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work
submitted in accordance with this Article.
Page 6 Rev. 20-5
7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE VIII – RIGHT OF REVIEW AND AUDIT
8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of
Consultant’s records relating to the performance of the Work under this Agreement, during the term of
this Agreement and retention period herein. The audit, examination or inspection may be performed by
a City designee, which may include its internal auditors or an outside representative engaged by City.
Consultant agrees to retain its records for a minimum of four years following termination of the
Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall
extend until final resolution of the dispute.
8.2 “Consultant’s records” include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. Examples include billings, books, general
ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes,
subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, federal and state tax filings for issue in questions and any and all other agreements, sources
of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during
City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee
access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former
employees, deemed necessary by City or its designee(s), to perform such audit, inspection or
examination. Consultant also agrees to provide adequate and appropriate work space necessary to City
or its designees to conduct such audits, inspections or examinations.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX – OWNER REMEDIES
9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings,
Page 7 Rev. 20-5
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been defects, errors and omissions in the
documents.
9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when
other remedies are not available or offered for design deficiencies discovered during and after Project
construction.
9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant’s response.
9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s
sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the
nature of the revision or the actual number of changes due to the Consultant’s errors or omissions.
9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE X – CONSULTANT REMEDIES
10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes
beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised
schedule should be approved in writing with a documented reason for granting the extension.
10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within 21
calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying
the truth and accuracy of the Claim.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within 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 30 calendar
days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request
Page 8 Rev. 20-5
for remedy or (iii) request Alternative Dispute Resolution.
11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement and City shall continue to make payments in
accordance with this Agreement.
11.2 Alternative Dispute Resolution
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation, 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 30 calendar days after a Party delivers a
written notice of such dispute, then the Parties shall proceed with the mediation process contained herein.
11.2.3 Mediation
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing
any lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except upon
agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within 30 calendar days of the request for mediation, all
conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising
under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall
be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision
of this Agreement shall waive any immunity or defense. No provision of this Agreement is a
consent to suit.
11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both
Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this
Agreement.
11.4 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.
11.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement 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.
Page 9 Rev. 20-5
ARTICLE XII – MISCELLANEOUS PROVISIONS
12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement 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.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant
to or as a result of this Agreement, including contract documents (plans and specifications), drawings
and submittal data. Consultant may make a copy for its files. Any reuse, without specific written
verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure
to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be
signed and sealed by a professional engineer prior to re-use of modified plans.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing under the
same or similar circumstances and professional license; and performed as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect.
12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
12.5 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.
12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Consultant and supersedes all prior negotiations, representations or
agreements, either oral or written. This Agreement may be amended only by written instrument signed
by both the City and Consultant.
12.7 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.
12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
12.9 Certificate of Interested Parties. 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://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed,
Page 10 Rev. 20-5
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.
12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary’s website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into
the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were physically included herein.
12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly
or intentionally fails to comply with a requirement of that subchapter.
12.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
12.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the
remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific
Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or
unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,
shall not affect or prejudice in any way the validity of this Agreement in any other instance.
12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII
of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take
precedence and control to resolve said conflict.
12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
CITY OF CORPUS CHRISTI
________________________________
Michael Rodriguez (Date)
Chief of Staff
BATH GROUP, INC.
_______________________________
William B. Stark, P.E. (Date)
President and Principal Engineer
5656 S Staples, Suite 110
Corpus Christi, Texas 78411
361-992-2284
bstark@bathgroup.com
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date)
for City Attorney
Page 11 Rev. 20-5
ATTEST
_______________________________
Rebecca Huerta, City Secretary
Master Services Agreement
EXHIBIT A SCOPE OF SERVICES
Professional services directly related to mechanical/electrical/plumbing (MEP),
architectural, structural and civil improvements to be implemented through a
Facilities Multiple Award Contracts (FMAC) program as well as traditional
design-bid-build facility construction contracts. Immediate projects include
roofing repair/replacement, MEP and HVAC upgrades/replacement, fire
suppression system upgrades, and other miscellaneous architectural and
structural improvements.
BATH ENGINEERING CORPORATION TEXAS FIRM REGISTRATION NO. F-829
5656 S. Staples St., Suite 110 Corpus Christi, Texas 78411 Phone 361/992-2284 Fax 361/992-2287
CC-City Future Facilities CIP.doc 6/24/20
Page 1 of 1
RATE SHEETS ARE CONFIDENTIAL PURSUANT THE SECTION 552.104 OF THE TEXAS GOVERNMENT CODE. SECTION
552.110 OF THE CODE PROTECTS THE RELEASE OF THIS COMMERCIAL AND FINANCIAL INFORMATION
RATE SCHEDULE FOR ENGINEERING SERVICES
Base Yr. Optional Years
Job Classification 07/01/2020 07/01/2021 07/01/2022
Principal Engineer, PE $185 $190 $195
Sr. Project Manager $174 $179 $184
Project Manager $153 $157 $161
Sr. Engineer PE $174 $179 $184
Engineer PE $163 $167 $171
Jr. Engineer / (EIT) $126 $129 $132
Sr. Substation Specialist $163 $167 $171
Sr. Controls Specialist $158 $162 $166
Sr. Inspector $132 $135 $138
Sr. Designer $126 $129 $132
Designer II $121 $124 $127
Designer I $99 $101 $103
Administrative Assistant $57 $58 $60
Authorized expenses (lodging, air travel, reproductions, computer charges, materials, etc.) and
Subcontractors shall be charged at cost plus 10%. Local travel included in billing rate above.
TERMS AND CONDITIONS
Charges for services shall be referenced to a project number or purchase order as provided by the Client.
Invoices shall be payable to Bath Group, Inc. in Nueces County, Texas, at 5656 South Staples, Suite 110,
Corpus Christi, Texas, 78411. Payment for all charges shall be Net 30 cash.
Current: July 1, 2020 thru. June 30, 2023
Bath Group, Inc.
dba Bath Engineering Corporation
EXHIBIT B
PAGE 1 OF 1
Sample form for:
Payment Request
AE Contract
Revised 02/01/17
COMPLETE PROJECT NAME
Project No. XXXX
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:
A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY
WILL RESULT IN DELAYED PAYMENT OF INVOICES.
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).Exhibit CPage 1 of 1
1 Rev 01/20
EXHIBIT D
Insurance Requirements
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
If claims made policy, retro date must
2 Rev 01/20
be prior to inception of agreement,
have 3-year 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, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City with the exception
of the professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
3 Rev 01/20
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor’s performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT “E”
Page 1 of 2
SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP:
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Job Title and City Department (if known)N/A
2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name TitleN/A
3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or CommitteeN/A
4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name ConsultantN/A
EXHIBIT “E”
Page 2 of 2
FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Person: Date:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1 – Definitions and Terminology ....................................................................................................... 2
Article 2 – Preliminary Matters ..................................................................................................................... 8
Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8
Article 4 – Commencement and Progress of the Work ................................................................................ 9
Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9
Article 6 – Bonds and Insurance ................................................................................................................. 10
Article 7 – Contractor’s Responsibilities ..................................................................................................... 10
Article 8 – Other Work at the Site ............................................................................................................... 10
Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10
Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11
Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13
Article 12 – Change Management .............................................................................................................. 13
Article 13 – Claims ....................................................................................................................................... 14
Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16
Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16
Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16
Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16
Article 18 – Suspension of Work and Termination ..................................................................................... 16
Article 19 – Project Management ............................................................................................................... 16
Article 20 – Project Coordination ................................................................................................................ 16
Article 21 – Quality Management ............................................................................................................... 17
Article 22 – Final Resolution of Disputes .................................................................................................... 17
Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17
Article 24 – Document Management .......................................................................................................... 17
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
EXHIBIT F
Page 1 of 22
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;
EXHIBIT F
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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;
EXHIBIT F
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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,
EXHIBIT F
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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,” o r
“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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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
EXHIBIT F
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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.
EXHIBIT F
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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 for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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
EXHIBIT F
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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
EXHIBIT F
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Page 1 Rev. 20-6
SERVICE AGREEMENT NO 3116
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or designee and Gignac Architects,416 Starr Street Corpus Christi, Texas
78401 (Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I PROJECT TASK ORDER ..................................................................................... 2
ARTICLE II COMPENSATION ................................................................................................. 3
ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4
ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4
ARTICLE V INDEMNIFICATION .............................................................................................. 4
ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5
ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6
ARTICLE IX OWNER REMEDIES ............................................................................................ 7
ARTICLE X CONSULTANT REMEDIES .................................................................................. 8
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 8
ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................................... 10
EXHIBITS
Page 2 Rev. 20-6
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed
under the terms and conditions of this Agreement. Each task Consultant performs for City
hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable
unless and until it has been properly executed by both City and Consultant. The general scope for
these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for
pricing when a task order is needed. Task Orders shall become a supplemental agreement to
this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope
of Services shall include all associated services required for Consultant to provide such Services,
pursuant to this Agreement, and any and all Services which would normally be required by law or
common due diligence in accordance with the standard of care defined in Article XII of this
Agreement. Consultant will perform the Services in accordance with the approved Scope of
Services and with Consultant’s response to the Request for Qualifications related to this project,
which response is incorporated by reference into this Agreement as if set out here in its entirety.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of
services related to assisting Engineering Services with professional engineering, architecture and
construction services related to execution of Ca pital Improvements Programs. All work will be
subject to authorization from City. A detailed Scope of Services and fee estimate will be
developed for each task prior to execution of work.
1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of
individual Task Orders. 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 Task Order. A request made by either party to deviate
from City standards after the contract is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services
agreed to in a timely manner throughout the term of the Agreement. P ersons retained by
Consultant to perform work pursuant to this Agreement shall be employees or sub consultants of
Consultant. Consultant must provide City with a list of all subconsultants that includes the services
performed by the subconsultant and the percentage of work performed by the subconsultant.
Changes in Consultant’s team that provides services under this Agreement must be agreed to by
the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are
briefed on the scope of the Project and are issued the fully executed Task Order to proceed.
1.8 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contr act. Consultant
acknowledges and accepts its responsibilities, as defined and described in the City’s General
Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this
Agreement.
Page 3 Rev. 20-6
1.9 For projects that require subsurface utility investigation:
1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report
identifying all utilities within the project area at the Quality Level specified in the Task Order.
It is assumed that all utilities will be identified using Quality Level A exploratory excavation
unless stated otherwise.
1.9.2 Utilities that should be identified include, but are not limited to , City-owned utilities, local
franchises, electric companies, communication companies, private pipeline companies and
3rd party owners/operators.
1.10 For project with potential utility conflicts:
1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility
conflicts.
1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the
City.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed
$200,000.00
2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis
with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred
in performing these services.
2.2.1 Consultant shall monitor and notify the City of Corpus Project Manager or authorized
representative in writing when cumulative invoiced value reaches eighty percent (80%)
of the of the total Contract Not- To-Exceed amount.
2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to
approval by the City.
2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit
C. 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 .
2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity.
Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide
Page 4 Rev. 20-6
documentation with each payment request that clearly indicates how that individual’s time is
allocated and the justification for that allocation.
2.5 In the event of any dispute(s) between the Parties reg arding the amount properly compensable for
any Task Order or as final compensation or regarding any amount that may be withheld by City,
Consultant shall be required to make a claim pursuant to and in accordance with the terms of this
Agreement and follow the procedures provided herein for the resolution of such dispute. In the
event Consultant does not initiate and follow the claims procedures provided in this Agreement in
a timely manner and as required by the terms thereof, any such claim shall be waive d.
2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those
previously made in writing and identified by Consultant as unsettled at the time of final Payment
Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may
be directed to suspend work pending receipt and appropriation of funds. The right to suspend
work under this provision does not relieve the City of its obligation to make payments in
accordance with section 2.5 above for services provided up to the date of suspension.
ARTICLE III – QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP
services for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables
satisfy applicable industry quality standards and meet the requirements of the project scope.
Based on the findings of the QCP Review, the Consultant must reconcile the project scope and
Opinion of Probable Cost (OPC) as needed.
3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task
Order may be rejected. If documents are found not to be in compliance with this Agreement,
Consultant will not be compensated for having to resubmit documents.
ARTICLE IV – INSURANCE REQUIREMENTS
4.1 Consultant must not commence work under this Agreement until all required insurance has been
obtained, and such insurance has been approved by the City. Consultant must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has been
obtained.
4.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE V - INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person’s agent, employee
Page 5 Rev. 20-6
or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and
all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
Consultant or its agent, Consultant under contract or another entity over which Consultant
exercises control while in the exercise of rights or performance of the duties under this
agreement. This indemnification does not apply to any liability resulting from the negligent acts or
omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s
fees in proportion to the Consultant’s liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant’s activities under this
Agreement.
ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective
Date).
6.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of
the Agreement until Task Orders are complete.
6.3 The term of this Agreement shall be for a period of One-year beginning on the Effective Date,
unless extended by authority of the City Manager or designee. The Agreement may be renewed
for up to One Year renewal option upon mutual agreement of the parties to be evidenced in writing
prior to the expiration of the prior term. Any renewals shall be at the same terms and conditions,
plus any approved changes.
6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no
times are so stated, Consultant will perform services and provide deliverables within a reasonable
time.
ARTICLE VII - TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the
convenience of the City by issuing a written and signed Notice of Suspension. The Consultant
may terminate this Agreement for convenience in the event such suspension extends for a period
beyond 120 calendar days by delivering a Notice of Termination to the City.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
Page 6 Rev. 20-6
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to
the Consultant at the address of record.
7.2.2 The City may terminate this agreement for cause upon ten days written notice to the
Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure
and proceeds to diligently cure such failure within the ten days, the agreement will not terminate.
If the Consultant again fails to perform under this agreement, the City may terminate the
agreement for cause upon seven days written notice to the Consultant with no additional cure
period. If the City terminates for cause, the City may reject any and all proposals submitted by
Consultant for up to two years.
7.3 Termination Procedure
7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless
the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure
period, Consultant shall immediately begin the phase-out and discontinuance of all services in
connection with the performance of this Agreement. Within 30 calendar days after receipt of the
Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant
shall submit a statement showing in detail the services performed under th is Agreement prior to
the effective date of termination. City retains the option to grant an extension to the time period for
submittal of such statement.
7.3.2 Consultant shall submit all completed and/or partially completed work under this
Agreement, including but not limited to specifications, d esigns, plans and exhibits. Consultant
shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of
partially completed work submitted in accordance with this Article.
7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason
why City may be compelled to withhold fees, Consultant will be compensated for its services
based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of
the total services actually completed at the time of termination. There will be no compensation for
anticipated profits on services not completed.
7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the
expenditure of public funds. The failure of Consultant to comply with the submittal of the
statement and documents, as required above, shall constitute a waiver by Consultant of any and
all rights or claims to payment for services performed under this Agreement.
ARTICLE VIII – RIGHT OF REVIEW AND AUDIT
8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all
of Consultant’s records relating to the performance of the Work under this Agreement, during the
term of this Agreement and retention period herein. The audit, examination or inspection may be
performed by a City designee, which may include its internal auditors or an outside representative
engaged by City. Consultant agrees to retain its records for a minimum of four years following
Page 7 Rev. 20-6
termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such
retention period shall extend until final resolution of the dispute.
8.2 “Consultant’s records” include any and all information, materials and data of every kind and
character generated as a result of the Work under this Agreement. Examples include billings,
books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments,
arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memora nda, time
sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and
any and all other agreements, sources of information and matters that may, in City’s judgment,
have any bearing on or pertain to any matters, rights, duties or obligations under or covered by
any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only
during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow
City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s
current or former employees, deemed necessary by City or its designee(s), to perform such audit,
inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX – OWNER REMEDIES
9.1 The City and Consultant agree that in the event the City suffers actu al damages, the City may
elect to pursue its actual damages and any other remedy allowed by law. This includes but is not
limited to:
9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
9.1.2 Failure of the Consultant to design in compliance with the laws of the City, Stat e and/or
federal governments, such that subsequent compliance costs exceed expenditures th at would
have been involved had services been properly executed by the Consultant.
9.1.3 Losses are incurred because of defects, errors and omissions in the design, working
drawings, specifications or other documents prepared by the Consultant to the extent that the
financial losses are greater than the City would have originally paid had there not been defects,
errors and omissions in the documents.
9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate
when other remedies are not available or offered for design deficiencies discovered during and
after Project construction.
9.3 When the City incurs non-value added work costs for change orders due to design errors or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
Page 8 Rev. 20-6
(2) Instructions for Consultant to revise design documents, if appropriate, at Consult ant’s
expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant’s response.
9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the
Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda,
either in terms of the nature of the revision or the actual number of changes due to the
Consultant’s errors or omissions.
9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE X – CONSULTANT REMEDIES
10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God,
national emergency, acts of the public enemy, governmental restrictions, laws or regulations or
any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project
schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and
exclusive remedy. The revised schedule should be approved in writing with a documented reason
for granting the extension.
10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim
as provided in this Agreement.
ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 Claims arising from the circumstances identified in this Agreement or other oc currences or
events, shall be made by Written Notice delivered by the party making the Claim to the other party
within 21 calendar days after the start of the occurrence or event giving rise to the Claim and
stating the general nature of the Claim.
11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other
relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her
signature, verifying the truth and accuracy of the Claim.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within 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
30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify
the initial request for remedy or (iii) request Alternative Dispute Resolution.
11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement and City shall continue to make payments in
accordance with this Agreement.
Page 9 Rev. 20-6
11.2 Alternative Dispute Resolution
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise
and settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation, 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 30 calendar
days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the
mediation process contained herein.
11.2.3 Mediation
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a
material breach of this Agreement, the Party alleging such breach shall, as a condition
precedent to filing any lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing, a nd shall request that the mediation
commence no less than 30 or more than 90 calendar days following the date of the
request, except upon agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or
to the identity of the mediator or mediators within 30 calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator’s f ee. Venue for any mediation or lawsuit
arising under this Agreement shall be Nueces County, Texas. Any agreement reached in
mediation shall be enforceable as a settlement agreement in any court having jurisdiction
thereof. No provision of this Agreement shall waive any immunity or defense. No provision
of this Agreement is a consent to suit.
11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be
responsible for payment of attorney’s fees pursuant to any law or other provision for payment of
attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result
from any dispute in this Agreement.
11.4 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 tri al before the court,
unless both parties subsequently agree otherwise in writing.
11.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement 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.
Page 10 Rev. 20-6
ARTICLE XII – MISCELLANEOUS PROVISIONS
12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under
this Agreement 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.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any
and all information in whatsoever form and character produced and/or maintaine d in accordance
with, pursuant to or as a result of this Agreement, including contract documents (plans and
specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse,
without specific written verification or adapta tion by Consultant, shall be a City’s sole risk and
without liability or legal exposure to Consultant. The City agrees that any modification of the plans
will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use
of modified plans.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with
the professional skill and care ordinarily provided by competent engineers or architects practicing
under the same or similar circumstances and professional license; and performed as expeditiously
as is prudent considering the ordinary professional skill and care of a competent engineer or
architect.
12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration
and/or certification(s) at meetings of any official nature concerning the Project, including scope
meetings, review meetings, pre-bid meetings and preconstruction meetings.
12.5 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.
12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Consultant and supersedes all prior negotiations, representations or
agreements, either oral or written. This Agreement may be amended only by written instrument
signed by both the City and Consultant.
12.7 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.
Page 11 Rev. 20-6
12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No.
17112 and complete the Disclosure of Interests form as part of this contract.
12.9 Certificate of Interested Parties. 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 wit h the Texas Ethics Commission at
https://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.
12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government
Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City Secretary’s
website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted
into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and
enforced as though each were physically included herein.
12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply
to this contract and the Consultant agrees that the contract can be terminated if the Consultant
knowingly or intentionally fails to comply with a requirement of that subchapter.
12.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to
its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
12.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are
held invalid or unenforceable, such invalidity or unenforceabil ity shall not affect, impair or
invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its
effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or
unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this
Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this
Agreement in any other instance.
12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in any documents prepared by Consultant and included herein is in conflict with Articles
I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task
Order shall take precedence and control to resolve said conflict.
12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race,
color, religion, national origin, gender, disability or age.
Page 12 Rev. 20-6
CITY OF CORPUS CHRISTI GIGNAC ARCHITECTS.
________________________________
Michael Rodriguez (Date)
Chief of Staff
________________________________
Raymond Gignac, AIA (Date)
President
416 Starr street
Corpus Christi, TX 78401
(361)884-2661 Office
rgignac@gignac-associates.com
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date)
for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
EXHIBIT A
SCOPE OF SERVICES
Scope of Work
The project scope is described to provide professional services for general renovations
with interior, exterior, mechanical/electrical/plumbing (MEP), ADA, and site civil, effective
upon notice to proceed for Bond 2018 Propositions C, D, E & F, capital improvement
projects, as approved in 2020-2021 capital improvement budget by issuance of various
task orders as required. The projects in Bond 2018, and capital improvement projects
include but not limited to:
Proposition C – Parks and Recreation Improvements:
•Senior Centers
•Recreation Centers
•Oso Pool Aquatic Center
•Greenwood Sports Complex
Proposition D – Libraries and Cultural Facilities:
•Libraries
•Museums
•Heritage Park Historical Houses
Proposition E - Public Safety:
•Police Headquarters Building
•Police Substations
•Fire Headquarters and EOC
•Fire Department Warehouse
•Fire Stations
Proposition F – Public Health Improvements:
•Health Department Building
Other projects to be determined as need arises and funding allows.
EXHIBIT A
PAGE 1 OF 1
EXHIBIT B PAGE 1 OF 3
EXHIBIT B PAGE 2 OF 3
EXHIBIT B PAGE 3 OF 3
Sample form for:
Payment Request
AE Contract
Revised 02/01/17
COMPLETE PROJECT NAME
Project No. XXXX
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:
A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY
WILL RESULT IN DELAYED PAYMENT OF INVOICES.
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).Exhibit CPage 1 of 1
1 EXHIBIT D
PAGE 1 OF 3
EXHIBIT D
Insurance Requirements
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
If claims made policy, retro date must
2 EXHIBIT D
PAGE 2 OF 3
be prior to inception of agreement,
have 3-year 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, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City with the exception
of the professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
3 EXHIBIT D
PAGE 3 OF 3
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor’s performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT “E”
Page 1 of 2
SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP:
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Job Title and City Department (if known)N/A
2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name TitleN/A
3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or CommitteeN/A
4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name ConsultantN/A
EXHIBIT “E”
Page 2 of 2
FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Person: Date:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1 – Definitions and Terminology ....................................................................................................... 2
Article 2 – Preliminary Matters ..................................................................................................................... 8
Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8
Article 4 – Commencement and Progress of the Work ................................................................................ 9
Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9
Article 6 – Bonds and Insurance ................................................................................................................. 10
Article 7 – Contractor’s Responsibilities ..................................................................................................... 10
Article 8 – Other Work at the Site ............................................................................................................... 10
Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10
Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11
Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13
Article 12 – Change Management .............................................................................................................. 13
Article 13 – Claims ....................................................................................................................................... 14
Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16
Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16
Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16
Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16
Article 18 – Suspension of Work and Termination ..................................................................................... 16
Article 19 – Project Management ............................................................................................................... 16
Article 20 – Project Coordination ................................................................................................................ 16
Article 21 – Quality Management ............................................................................................................... 17
Article 22 – Final Resolution of Disputes .................................................................................................... 17
Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17
Article 24 – Document Management .......................................................................................................... 17
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
EXHIBIT F
Page 1 of 22
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;
EXHIBIT F
Page 2 of 22
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;
EXHIBIT F
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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.
EXHIBIT F
Page 4 of 22
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.
EXHIBIT F
Page 5 of 22
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,
EXHIBIT F
Page 6 of 22
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.
EXHIBIT F
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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,” o r
“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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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
EXHIBIT F
Page 13 of 22
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.
EXHIBIT F
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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.
EXHIBIT F
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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 for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
Page 19 of 22
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
EXHIBIT F
Page 20 of 22
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.
EXHIBIT F
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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
EXHIBIT F
Page 22 of 22
Page 1 Rev. 20-6
SERVICE AGREEMENT NO 3117
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or designee and LNV, LLC, 801 Navigation suite 300, Corpus Christi, Texas
78408 (Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I PROJECT TASK ORDER ..................................................................................... 2
ARTICLE II COMPENSATION ................................................................................................. 3
ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4
ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4
ARTICLE V INDEMNIFICATION .............................................................................................. 4
ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5
ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6
ARTICLE IX OWNER REMEDIES ............................................................................................ 7
ARTICLE X CONSULTANT REMEDIES .................................................................................. 8
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 8
ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................................... 10
EXHIBITS
Page 2 Rev. 20-6
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed
under the terms and conditions of this Agreement. Each task Consultant performs for City
hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable
unless and until it has been properly executed by both City and Consultant. The general scope for
these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for
pricing when a task order is needed. Task Orders shall become a supplemental agreement to
this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope
of Services shall include all associated services required for Consultant to provide such Services,
pursuant to this Agreement, and any and all Services which would normally be required by law or
common due diligence in accordance with the standard of care defined in Article XII of this
Agreement. Consultant will perform the Services in accordance with the approved Scope of
Services and with Consultant’s response to the Request for Qualifications related to this project,
which response is incorporated by reference into this Agreement as if set out here in its entirety.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of
services related to assisting Engineering Services with professional engineering, architecture and
construction services related to execution of Ca pital Improvements Programs. All work will be
subject to authorization from City. A detailed Scope of Services and fee estimate will be
developed for each task prior to execution of work.
1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of
individual Task Orders. 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 Task Order. A request made by either party to deviate
from City standards after the contract is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services
agreed to in a timely manner throughout the term of the Agreement. P ersons retained by
Consultant to perform work pursuant to this Agreement shall be employees or sub consultants of
Consultant. Consultant must provide City with a list of all subconsultants that includes the services
performed by the subconsultant and the percentage of work performed by the subconsultant.
Changes in Consultant’s team that provides services under this Agreement must be agreed to by
the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are
briefed on the scope of the Project and are issued the fully executed Task Order to proceed.
1.8 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contr act. Consultant
acknowledges and accepts its responsibilities, as defined and described in the City’s General
Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this
Agreement.
Page 3 Rev. 20-6
1.9 For projects that require subsurface utility investigation:
1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report
identifying all utilities within the project area at the Quality Level specified in the Task Order.
It is assumed that all utilities will be identified using Quality Level A exploratory excavation
unless stated otherwise.
1.9.2 Utilities that should be identified include, but are not limited to , City-owned utilities, local
franchises, electric companies, communication companies, private pipeline companies and
3rd party owners/operators.
1.10 For project with potential utility conflicts:
1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility
conflicts.
1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the
City.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed
$200,000.00
2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis
with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred
in performing these services.
2.2.1 Consultant shall monitor and notify the City of Corpus Project Manager or authorized
representative in writing when cumulative invoiced value reaches eighty percent (80%)
of the of the total Contract Not- To-Exceed amount.
2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to
approval by the City.
2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit
C. 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 .
2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity.
Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide
Page 4 Rev. 20-6
documentation with each payment request that clearly indicates how that individual’s time is
allocated and the justification for that allocation.
2.5 In the event of any dispute(s) between the Parties reg arding the amount properly compensable for
any Task Order or as final compensation or regarding any amount that may be withheld by City,
Consultant shall be required to make a claim pursuant to and in accordance with the terms of this
Agreement and follow the procedures provided herein for the resolution of such dispute. In the
event Consultant does not initiate and follow the claims procedures provided in this Agreement in
a timely manner and as required by the terms thereof, any such claim shall be waive d.
2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those
previously made in writing and identified by Consultant as unsettled at the time of final Payment
Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may
be directed to suspend work pending receipt and appropriation of funds. The right to suspend
work under this provision does not relieve the City of its obligation to make payments in
accordance with section 2.5 above for services provided up to the date of suspension.
ARTICLE III – QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP
services for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables
satisfy applicable industry quality standards and meet the requirements of the project scope.
Based on the findings of the QCP Review, the Consultant must reconcile the project scope and
Opinion of Probable Cost (OPC) as needed.
3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task
Order may be rejected. If documents are found not to be in compliance with this Agreement,
Consultant will not be compensated for having to resubmit documents.
ARTICLE IV – INSURANCE REQUIREMENTS
4.1 Consultant must not commence work under this Agreement until all required insurance has been
obtained, and such insurance has been approved by the City. Consultant must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has been
obtained.
4.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE V - INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person’s agent, employee
Page 5 Rev. 20-6
or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and
all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
Consultant or its agent, Consultant under contract or another entity over which Consultant
exercises control while in the exercise of rights or performance of the duties under this
agreement. This indemnification does not apply to any liability resulting from the negligent acts or
omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s
fees in proportion to the Consultant’s liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant’s activities under this
Agreement.
ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective
Date).
6.2
6.3
6.4
This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of
the Agreement until Task Orders are complete.
The term of this Agreement shall be for a period of One-year beginning on the Effective Date ,
unless extended by authority of the City Manager or designee. The Agreement may be
renewed for up to One-year renewal option upon mutual agreement of the parties to be
evidenced in writing prior to the expiration of the prior term. Any renewals shall be at the same
terms and conditions, plus any approved changes.
The times for performing services or providing deliverables will be stated in each Task Order. If no
times are so stated, Consultant will perform services and provide deliverables within a reasonable
time.
ARTICLE VII - TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the
convenience of the City by issuing a written and signed Notice of Suspension. The Consultant
may terminate this Agreement for convenience in the event such suspension extends for a period
beyond 120 calendar days by delivering a Notice of Termination to the City.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
Page 6 Rev. 20-6
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to
the Consultant at the address of record.
7.2.2 The City may terminate this agreement for cause upon ten days written notice to the
Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure
and proceeds to diligently cure such failure within the ten days, the agreement will not terminate.
If the Consultant again fails to perform under this agreement, the City may terminate the
agreement for cause upon seven days written notice to the Consultant with no additional cure
period. If the City terminates for cause, the City may reject any and all proposals submitted by
Consultant for up to two years.
7.3 Termination Procedure
7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless
the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure
period, Consultant shall immediately begin the phase-out and discontinuance of all services in
connection with the performance of this Agreement. Within 30 calendar days after receipt of the
Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant
shall submit a statement showing in detail the services performed under th is Agreement prior to
the effective date of termination. City retains the option to grant an extension to the time period for
submittal of such statement.
7.3.2 Consultant shall submit all completed and/or partially completed work under this
Agreement, including but not limited to specifications, d esigns, plans and exhibits. Consultant
shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of
partially completed work submitted in accordance with this Article.
7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason
why City may be compelled to withhold fees, Consultant will be compensated for its services
based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of
the total services actually completed at the time of termination. There will be no compensation for
anticipated profits on services not completed.
7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the
expenditure of public funds. The failure of Consultant to comply with the submittal of the
statement and documents, as required above, shall constitute a waiver by Consultant of any and
all rights or claims to payment for services performed under this Agreement.
ARTICLE VIII – RIGHT OF REVIEW AND AUDIT
8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all
of Consultant’s records relating to the performance of the Work under this Agreement, during the
term of this Agreement and retention period herein. The audit, examination or inspection may be
performed by a City designee, which may include its internal auditors or an outside representative
engaged by City. Consultant agrees to retain its records for a minimum of four years following
Page 7 Rev. 20-6
termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such
retention period shall extend until final resolution of the dispute.
8.2 “Consultant’s records” include any and all information, materials and data of every kind and
character generated as a result of the Work under this Agreement. Examples include billings,
books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments,
arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memora nda, time
sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and
any and all other agreements, sources of information and matters that may, in City’s judgment,
have any bearing on or pertain to any matters, rights, duties or obligations under or covered by
any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only
during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow
City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s
current or former employees, deemed necessary by City or its designee(s), to perform such audit,
inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX – OWNER REMEDIES
9.1 The City and Consultant agree that in the event the City suffers actu al damages, the City may
elect to pursue its actual damages and any other remedy allowed by law. This includes but is not
limited to:
9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
9.1.2 Failure of the Consultant to design in compliance with the laws of the City, Stat e and/or
federal governments, such that subsequent compliance costs exceed expenditures th at would
have been involved had services been properly executed by the Consultant.
9.1.3 Losses are incurred because of defects, errors and omissions in the design, working
drawings, specifications or other documents prepared by the Consultant to the extent that the
financial losses are greater than the City would have originally paid had there not been defects,
errors and omissions in the documents.
9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate
when other remedies are not available or offered for design deficiencies discovered during and
after Project construction.
9.3 When the City incurs non-value added work costs for change orders due to design errors or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
Page 8 Rev. 20-6
(2) Instructions for Consultant to revise design documents, if appropriate, at Consult ant’s
expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant’s response.
9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the
Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda,
either in terms of the nature of the revision or the actual number of changes due to the
Consultant’s errors or omissions.
9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE X – CONSULTANT REMEDIES
10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God,
national emergency, acts of the public enemy, governmental restrictions, laws or regulations or
any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project
schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and
exclusive remedy. The revised schedule should be approved in writing with a documented reason
for granting the extension.
10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim
as provided in this Agreement.
ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 Claims arising from the circumstances identified in this Agreement or other oc currences or
events, shall be made by Written Notice delivered by the party making the Claim to the other party
within 21 calendar days after the start of the occurrence or event giving rise to the Claim and
stating the general nature of the Claim.
11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other
relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her
signature, verifying the truth and accuracy of the Claim.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within 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
30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify
the initial request for remedy or (iii) request Alternative Dispute Resolution.
11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement and City shall continue to make payments in
accordance with this Agreement.
Page 9 Rev. 20-6
11.2 Alternative Dispute Resolution
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise
and settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation, 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 30 calendar
days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the
mediation process contained herein.
11.2.3 Mediation
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a
material breach of this Agreement, the Party alleging such breach shall, as a condition
precedent to filing any lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing, a nd shall request that the mediation
commence no less than 30 or more than 90 calendar days following the date of the
request, except upon agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or
to the identity of the mediator or mediators within 30 calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator’s f ee. Venue for any mediation or lawsuit
arising under this Agreement shall be Nueces County, Texas. Any agreement reached in
mediation shall be enforceable as a settlement agreement in any court having jurisdiction
thereof. No provision of this Agreement shall waive any immunity or defense. No provision
of this Agreement is a consent to suit.
11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be
responsible for payment of attorney’s fees pursuant to any law or other provision for payment of
attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result
from any dispute in this Agreement.
11.4 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 tri al before the court,
unless both parties subsequently agree otherwise in writing.
11.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement 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.
Page 10 Rev. 20-6
ARTICLE XII – MISCELLANEOUS PROVISIONS
12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under
this Agreement 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.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any
and all information in whatsoever form and character produced and/or maintaine d in accordance
with, pursuant to or as a result of this Agreement, including contract documents (plans and
specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse,
without specific written verification or adapta tion by Consultant, shall be a City’s sole risk and
without liability or legal exposure to Consultant. The City agrees that any modification of the plans
will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use
of modified plans.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with
the professional skill and care ordinarily provided by competent engineers or architects practicing
under the same or similar circumstances and professional license; and performed as expeditiously
as is prudent considering the ordinary professional skill and care of a competent engineer or
architect.
12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration
and/or certification(s) at meetings of any official nature concerning the Project, including scope
meetings, review meetings, pre-bid meetings and preconstruction meetings.
12.5 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.
12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Consultant and supersedes all prior negotiations, representations or
agreements, either oral or written. This Agreement may be amended only by written instrument
signed by both the City and Consultant.
12.7 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.
Page 11 Rev. 20-6
12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No.
17112 and complete the Disclosure of Interests form as part of this contract.
12.9 Certificate of Interested Parties. 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 wit h the Texas Ethics Commission at
https://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.
12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government
Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City Secretary’s
website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted
into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and
enforced as though each were physically included herein.
12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply
to this contract and the Consultant agrees that the contract can be terminated if the Consultant
knowingly or intentionally fails to comply with a requirement of that subchapter.
12.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to
its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
12.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are
held invalid or unenforceable, such invalidity or unenforceabil ity shall not affect, impair or
invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its
effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or
unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this
Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this
Agreement in any other instance.
12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in any documents prepared by Consultant and included herein is in conflict with Articles
I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task
Order shall take precedence and control to resolve said conflict.
12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race,
color, religion, national origin, gender, disability or age.
Page 12 Rev. 20-6
CITY OF CORPUS CHRISTI LNV, LLC.
________________________________
Michael Rodriguez (Date)
Chief of Staff
________________________________
Craig Forsythe (Date)
Principle
801 Navigation, Suite 300
Corpus Christi, TX 78408
(361)883-1984 Office
cforsythe@lnvinc.com
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date)
for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
EXHIBIT A
PAGE 1 OF 1
EXHIBIT A
SCOPE OF SERVICES
Scope of Work
The project scope is described to provide professional services for general renovations
with interior, exterior, mechanical/electrical/plumbing (MEP), ADA, and site civil, effective
upon notice to proceed for Bond 2018 Propositions C, D, E & F, capital improvement
projects, as approved in 2020-2021 capital improvement budget by issuance of various
task orders as required. The projects in Bond 2018, and capital improvement projects
include but not limited to:
Proposition C – Parks and Recreation Improvements:
•Senior Centers
•Recreation Centers
•Oso Pool Aquatic Center
•Greenwood Sports Complex
Proposition D – Libraries and Cultural Facilities:
•Libraries
•Museums
•Heritage Park Historical Houses
Proposition E - Public Safety:
•Police Headquarters Building
•Police Substations
•Fire Headquarters and EOC
•Fire Department Warehouse
•Fire Stations
Proposition F – Public Health Improvements:
•Health Department Building
Other projects to be determined as need arises and funding allows.
EXHIBIT BPAGE 1 OF 3
RATES PER HOUR
$257.00
$250.00
$245.00
$230.00
$225.00
$220.00
$215.00
$210.00
$205.00
$200.00
$190.00
$180.00
$170.00
$192.00
$180.00
$170.00
$165.00
$155.00
$145.00
$130.00
$120.00
$160.00
$150.00
$140.00
$135.00
$130.00
$120.00
$125.00
$120.00
$115.00
$110.00
$105.00
$100.00
$88.00
$150.00
$120.00
LNV STANDARD RATE SCHEDULE FOR 2020
(Effective January 1, 2020)
CADD Technician I
Professional Geoscientist
Safety/Environmental Technician II
Senior CADD Technician II
Senior CADD Technician I
CADD Technician IV
CADD Technician III
CADD Technician II
Senior Designer I
Designer III
Designer II
Designer I
Senior CADD Technician III
Engineer III
Engineer II
Engineer I
Senior Designer III
Senior Designer II
Project Architect III
Project Architect II
Project Architect I
Engineer V
Engineer IV
Senior Engineer I
Project Engineer IV
Project Engineer III
Project Engineer II
Project Engineer I
Senior Project Manager I
Project Manager III
Project Manager II
Project Manager I
Senior Engineer II
ENGINEERING AND PLANNING
Principal
Senior Project Manager III
Senior Project Manager II
EXHIBIT B
PAGE 2 OF 3
$110.00
$125.00
$165.00
$130.00
$120.00
$110.00
$100.00
$90.00
RATES PER HOUR
$ 240.00
$ 225.00
$ 200.00
(I)Reproduction work - Prevailing commercial rates; Mileage-current IRS rate per mile;
Per diem-current IRS rate
(II)Subcontractors, Consultants, etc.-Cost plus 10%; All other expenses-Cost plus 10%
(III)Charges are due and payable within 30 days after receipt of the invoice.
(IV)Late Payment may be charged an interest rate of 1.5% per month of the unpaid
balance.
Clerical I
SURVEY
Professional Surveyor II
Professional Surveyor I
Field Crew (2-man)
Construction Observer III
Construction Observer II
Construction Observer I
Clerical III
Clerical II
Safety/Environmental Technician I
Construction Observer IV
EXHIBIT B
PAGE 3 OF 3
Sample form for:
Payment Request
AE Contract
Revised 02/01/17
COMPLETE PROJECT NAME
Project No. XXXX
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:
A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY
WILL RESULT IN DELAYED PAYMENT OF INVOICES.
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).Exhibit CPage 1 of 1
1 EXHIBIT D
PAGE 1 OF 3
EXHIBIT D
Insurance Requirements
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
If claims made policy, retro date must
2 EXHIBIT D
PAGE 2 OF 3
be prior to inception of agreement,
have 3-year 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, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City with the exception
of the professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
3 EXHIBIT D
PAGE 3 OF 3
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor’s performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT “E”
Page 1 of 2
SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP:
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Job Title and City Department (if known)N/A
2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name TitleN/A
3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or CommitteeN/A
4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name ConsultantN/A
EXHIBIT “E”
Page 2 of 2
FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Person: Date:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1 – Definitions and Terminology ....................................................................................................... 2
Article 2 – Preliminary Matters ..................................................................................................................... 8
Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8
Article 4 – Commencement and Progress of the Work ................................................................................ 9
Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9
Article 6 – Bonds and Insurance ................................................................................................................. 10
Article 7 – Contractor’s Responsibilities ..................................................................................................... 10
Article 8 – Other Work at the Site ............................................................................................................... 10
Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10
Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11
Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13
Article 12 – Change Management .............................................................................................................. 13
Article 13 – Claims ....................................................................................................................................... 14
Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16
Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16
Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16
Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16
Article 18 – Suspension of Work and Termination ..................................................................................... 16
Article 19 – Project Management ............................................................................................................... 16
Article 20 – Project Coordination ................................................................................................................ 16
Article 21 – Quality Management ............................................................................................................... 17
Article 22 – Final Resolution of Disputes .................................................................................................... 17
Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17
Article 24 – Document Management .......................................................................................................... 17
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
EXHIBIT F
Page 1 of 22
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;
EXHIBIT F
Page 2 of 22
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;
EXHIBIT F
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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.
EXHIBIT F
Page 4 of 22
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.
EXHIBIT F
Page 5 of 22
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,
EXHIBIT F
Page 6 of 22
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.
EXHIBIT F
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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,” o r
“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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
Page 10 of 22
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.
EXHIBIT F
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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.
EXHIBIT F
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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
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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 for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
Page 19 of 22
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
EXHIBIT F
Page 20 of 22
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.
EXHIBIT F
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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
EXHIBIT F
Page 22 of 22
Page 1 Rev. 20-6
SERVICE AGREEMENT NO 3118
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or designee and WKMC Architects, 909 S. Tancahua street, Corpus Christi,
Texas 78404(Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I PROJECT TASK ORDER ..................................................................................... 2
ARTICLE II COMPENSATION ................................................................................................. 3
ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4
ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4
ARTICLE V INDEMNIFICATION .............................................................................................. 4
ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5
ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6
ARTICLE IX OWNER REMEDIES ............................................................................................ 7
ARTICLE X CONSULTANT REMEDIES .................................................................................. 8
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 8
ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................................... 10
EXHIBITS
Page 2 Rev. 20-6
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed
under the terms and conditions of this Agreement. Each task Consultant performs for City
hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable
unless and until it has been properly executed by both City and Consultant. The general scope for
these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for
pricing when a task order is needed. Task Orders shall become a supplemental agreement to
this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope
of Services shall include all associated services required for Consultant to provide such Services,
pursuant to this Agreement, and any and all Services which would normally be required by law or
common due diligence in accordance with the standard of care defined in Article XII of this
Agreement. Consultant will perform the Services in accordance with the approved Scope of
Services and with Consultant’s response to the Request for Qualifications related to this project,
which response is incorporated by reference into this Agreement as if set out here in its entirety.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of
services related to assisting Engineering Services with professional engineering, architecture and
construction services related to execution of Ca pital Improvements Programs. All work will be
subject to authorization from City. A detailed Scope of Services and fee estimate will be
developed for each task prior to execution of work.
1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of
individual Task Orders. 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 Task Order. A request made by either party to deviate
from City standards after the contract is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services
agreed to in a timely manner throughout the term of the Agreement. P ersons retained by
Consultant to perform work pursuant to this Agreement shall be employees or sub consultants of
Consultant. Consultant must provide City with a list of all subconsultants that includes the services
performed by the subconsultant and the percentage of work performed by the subconsultant.
Changes in Consultant’s team that provides services under this Agreement must be agreed to by
the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are
briefed on the scope of the Project and are issued the fully executed Task Order to proceed.
1.8 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contr act. Consultant
acknowledges and accepts its responsibilities, as defined and described in the City’s General
Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this
Agreement.
Page 3 Rev. 20-6
1.9 For projects that require subsurface utility investigation:
1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report
identifying all utilities within the project area at the Quality Level specified in the Task Order.
It is assumed that all utilities will be identified using Quality Level A exploratory excavation
unless stated otherwise.
1.9.2 Utilities that should be identified include, but are not limited to , City-owned utilities, local
franchises, electric companies, communication companies, private pipeline companies and
3rd party owners/operators.
1.10 For project with potential utility conflicts:
1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility
conflicts.
1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the
City.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed
$200,000.00
2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis
with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred
in performing these services.
2.2.1 Consultant shall monitor and notify the City of Corpus Project Manager or authorized
representative in writing when cumulative invoiced value reaches eighty percent (80%)
of the of the total Contract Not- To-Exceed amount.
2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to
approval by the City.
2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit
C. 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 .
2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity.
Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide
Page 4 Rev. 20-6
documentation with each payment request that clearly indicates how that individual’s time is
allocated and the justification for that allocation.
2.5 In the event of any dispute(s) between the Parties reg arding the amount properly compensable for
any Task Order or as final compensation or regarding any amount that may be withheld by City,
Consultant shall be required to make a claim pursuant to and in accordance with the terms of this
Agreement and follow the procedures provided herein for the resolution of such dispute. In the
event Consultant does not initiate and follow the claims procedures provided in this Agreement in
a timely manner and as required by the terms thereof, any such claim shall be waive d.
2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those
previously made in writing and identified by Consultant as unsettled at the time of final Payment
Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may
be directed to suspend work pending receipt and appropriation of funds. The right to suspend
work under this provision does not relieve the City of its obligation to make payments in
accordance with section 2.5 above for services provided up to the date of suspension.
ARTICLE III – QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP
services for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables
satisfy applicable industry quality standards and meet the requirements of the project scope.
Based on the findings of the QCP Review, the Consultant must reconcile the project scope and
Opinion of Probable Cost (OPC) as needed.
3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task
Order may be rejected. If documents are found not to be in compliance with this Agreement,
Consultant will not be compensated for having to resubmit documents.
ARTICLE IV – INSURANCE REQUIREMENTS
4.1 Consultant must not commence work under this Agreement until all required insurance has been
obtained, and such insurance has been approved by the City. Consultant must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has been
obtained.
4.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE V - INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person’s agent, employee
Page 5 Rev. 20-6
or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and
all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
Consultant or its agent, Consultant under contract or another entity over which Consultant
exercises control while in the exercise of rights or performance of the duties under this
agreement. This indemnification does not apply to any liability resulting from the negligent acts or
omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s
fees in proportion to the Consultant’s liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant’s activities under this
Agreement.
ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective
Date).
6.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of
the Agreement until Task Orders are complete.
6.3 The term of this Agreement shall be for a period of One-year beginning on the Effective Date,
unless extended by authority of the City Manager or designee. The Agreement may be renewed
for up to One Year renewal option upon mutual agreement of the parties to be evidenced in writing
prior to the expiration of the prior term. Any renewals shall be at the same terms and conditions,
plus any approved changes.
6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no
times are so stated, Consultant will perform services and provide deliverables within a reasonable
time.
ARTICLE VII - TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the
convenience of the City by issuing a written and signed Notice of Suspension. The Consultant
may terminate this Agreement for convenience in the event such suspension extends for a period
beyond 120 calendar days by delivering a Notice of Termination to the City.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
Page 6 Rev. 20-6
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to
the Consultant at the address of record.
7.2.2 The City may terminate this agreement for cause upon ten days written notice to the
Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure
and proceeds to diligently cure such failure within the ten days, the agreement will not terminate.
If the Consultant again fails to perform under this agreement, the City may terminate the
agreement for cause upon seven days written notice to the Consultant with no additional cure
period. If the City terminates for cause, the City may reject any and all proposals submitted by
Consultant for up to two years.
7.3 Termination Procedure
7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless
the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure
period, Consultant shall immediately begin the phase-out and discontinuance of all services in
connection with the performance of this Agreement. Within 30 calendar days after receipt of the
Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant
shall submit a statement showing in detail the services performed under th is Agreement prior to
the effective date of termination. City retains the option to grant an extension to the time period for
submittal of such statement.
7.3.2 Consultant shall submit all completed and/or partially completed work under this
Agreement, including but not limited to specifications, d esigns, plans and exhibits. Consultant
shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of
partially completed work submitted in accordance with this Article.
7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason
why City may be compelled to withhold fees, Consultant will be compensated for its services
based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of
the total services actually completed at the time of termination. There will be no compensation for
anticipated profits on services not completed.
7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the
expenditure of public funds. The failure of Consultant to comply with the submittal of the
statement and documents, as required above, shall constitute a waiver by Consultant of any and
all rights or claims to payment for services performed under this Agreement.
ARTICLE VIII – RIGHT OF REVIEW AND AUDIT
8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all
of Consultant’s records relating to the performance of the Work under this Agreement, during the
term of this Agreement and retention period herein. The audit, examination or inspection may be
performed by a City designee, which may include its internal auditors or an outside representative
engaged by City. Consultant agrees to retain its records for a minimum of four years following
Page 7 Rev. 20-6
termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such
retention period shall extend until final resolution of the dispute.
8.2 “Consultant’s records” include any and all information, materials and data of every kind and
character generated as a result of the Work under this Agreement. Examples include billings,
books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments,
arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memora nda, time
sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and
any and all other agreements, sources of information and matters that may, in City’s judgment,
have any bearing on or pertain to any matters, rights, duties or obligations under or covered by
any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only
during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow
City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s
current or former employees, deemed necessary by City or its designee(s), to perform such audit,
inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX – OWNER REMEDIES
9.1 The City and Consultant agree that in the event the City suffers actu al damages, the City may
elect to pursue its actual damages and any other remedy allowed by law. This includes but is not
limited to:
9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
9.1.2 Failure of the Consultant to design in compliance with the laws of the City, Stat e and/or
federal governments, such that subsequent compliance costs exceed expenditures th at would
have been involved had services been properly executed by the Consultant.
9.1.3 Losses are incurred because of defects, errors and omissions in the design, working
drawings, specifications or other documents prepared by the Consultant to the extent that the
financial losses are greater than the City would have originally paid had there not been defects,
errors and omissions in the documents.
9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate
when other remedies are not available or offered for design deficiencies discovered during and
after Project construction.
9.3 When the City incurs non-value added work costs for change orders due to design errors or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
Page 8 Rev. 20-6
(2) Instructions for Consultant to revise design documents, if appropriate, at Consult ant’s
expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant’s response.
9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the
Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda,
either in terms of the nature of the revision or the actual number of changes due to the
Consultant’s errors or omissions.
9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE X – CONSULTANT REMEDIES
10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God,
national emergency, acts of the public enemy, governmental restrictions, laws or regulations or
any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project
schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and
exclusive remedy. The revised schedule should be approved in writing with a documented reason
for granting the extension.
10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim
as provided in this Agreement.
ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 Claims arising from the circumstances identified in this Agreement or other oc currences or
events, shall be made by Written Notice delivered by the party making the Claim to the other party
within 21 calendar days after the start of the occurrence or event giving rise to the Claim and
stating the general nature of the Claim.
11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other
relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her
signature, verifying the truth and accuracy of the Claim.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within 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
30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify
the initial request for remedy or (iii) request Alternative Dispute Resolution.
11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement and City shall continue to make payments in
accordance with this Agreement.
Page 9 Rev. 20-6
11.2 Alternative Dispute Resolution
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise
and settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation, 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 30 calendar
days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the
mediation process contained herein.
11.2.3 Mediation
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a
material breach of this Agreement, the Party alleging such breach shall, as a condition
precedent to filing any lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing, a nd shall request that the mediation
commence no less than 30 or more than 90 calendar days following the date of the
request, except upon agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or
to the identity of the mediator or mediators within 30 calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator’s f ee. Venue for any mediation or lawsuit
arising under this Agreement shall be Nueces County, Texas. Any agreement reached in
mediation shall be enforceable as a settlement agreement in any court having jurisdiction
thereof. No provision of this Agreement shall waive any immunity or defense. No provision
of this Agreement is a consent to suit.
11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be
responsible for payment of attorney’s fees pursuant to any law or other provision for payment of
attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result
from any dispute in this Agreement.
11.4 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 tri al before the court,
unless both parties subsequently agree otherwise in writing.
11.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement 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.
Page 10 Rev. 20-6
ARTICLE XII – MISCELLANEOUS PROVISIONS
12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under
this Agreement 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.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any
and all information in whatsoever form and character produced and/or maintaine d in accordance
with, pursuant to or as a result of this Agreement, including contract documents (plans and
specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse,
without specific written verification or adapta tion by Consultant, shall be a City’s sole risk and
without liability or legal exposure to Consultant. The City agrees that any modification of the plans
will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use
of modified plans.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with
the professional skill and care ordinarily provided by competent engineers or architects practicing
under the same or similar circumstances and professional license; and performed as expeditiously
as is prudent considering the ordinary professional skill and care of a competent engineer or
architect.
12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration
and/or certification(s) at meetings of any official nature concerning the Project, including scope
meetings, review meetings, pre-bid meetings and preconstruction meetings.
12.5 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.
12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Consultant and supersedes all prior negotiations, representations or
agreements, either oral or written. This Agreement may be amended only by written instrument
signed by both the City and Consultant.
12.7 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.
Page 11 Rev. 20-6
12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No.
17112 and complete the Disclosure of Interests form as part of this contract.
12.9 Certificate of Interested Parties. 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 wit h the Texas Ethics Commission at
https://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.
12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government
Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City Secretary’s
website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted
into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and
enforced as though each were physically included herein.
12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply
to this contract and the Consultant agrees that the contract can be terminated if the Consultant
knowingly or intentionally fails to comply with a requirement of that subchapter.
12.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to
its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
12.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are
held invalid or unenforceable, such invalidity or unenforceabil ity shall not affect, impair or
invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its
effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or
unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this
Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this
Agreement in any other instance.
12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in any documents prepared by Consultant and included herein is in conflict with Articles
I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task
Order shall take precedence and control to resolve said conflict.
12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race,
color, religion, national origin, gender, disability or age.
Page 12 Rev. 20-6
CITY OF CORPUS CHRISTI WKMC, ARCHITECTS.
________________________________
Michael Rodriguez (Date)
Chief of Staff
________________________________
(Date) William S McCord, AIA,
Principle
909 S. Tancahua St.
Corpus Christi, TX 78404
(361) 887-6696 Office
wmccord@wkmcarchitects.com
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date)
for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
EXHIBIT A
PAGE 1 OF 1
EXHIBIT A
SCOPE OF SERVICES
Scope of Work
The project scope is described to provide professional services for general renovations
with interior, exterior, mechanical/electrical/plumbing (MEP), ADA, and site civil, effective
upon notice to proceed for Bond 2018 Propositions C, D, E & F, capital improvement
projects, as approved in 2020-2021 capital improvement budget by issuance of various
task orders as required. The projects in Bond 2018, and capital improvement projects
include but not limited to:
Proposition C – Parks and Recreation Improvements:
•Senior Centers
•Recreation Centers
•Oso Pool Aquatic Center
•Greenwood Sports Complex
Proposition D – Libraries and Cultural Facilities:
•Libraries
•Museums
•Heritage Park Historical Houses
Proposition E - Public Safety:
•Police Headquarters Building
•Police Substations
•Fire Headquarters and EOC
•Fire Department Warehouse
•Fire Stations
Proposition F – Public Health Improvements:
•Health Department Building
Other projects to be determined as need arises and funding allows.
909 S. Tancahua St. Corpus Christi, Texas 78404 v 361.887.6696 f 361.887.6697 WKMCarchitects.com
May 11, 2020
Mr. Isaac Perez
Sr. Project Manager
City of Corpus Christi
Engineering Services Dept.
Via email: isaacp@cctexas.com
RE: Design Master Service Agreement for General Renovations
Dear Sir:
In accordance with your Request For Proposal, which we received by email on April
29, 2020, WKMC hereby proposes to provide, on request via a work order, any
professional services directly related to building envelope, interiors, mechanical,
electrical, plumbing, ADA, and site/civil design for remaining Bond 2018 and future
CIP projects (public buildings, parks, structures and facilities) per RFQ 2018-10, Group
F.
Attached is a current hourly rate schedule for WKMC personnel. Be advised that rates
may be revised without notice in accordance with normal compensation
adjustments and turnover of staff.
Consultants that are needed for a complete range of services will be engaged by
WKMC directly and invoiced at cost plus 10%.
We very much appreciate the opportunity to continue working with the City. Please
advise if you need additional information.
Sincerely,
William S. McCord, AIA
William S. McCord, AIA
Bill T. Wilson, II, FAIA
Robert Conolly, AIA
Naomi Corley, RID
Jodi Goings, RID
Jennifer Hilliard, AIA
Herbert Morrison, III, AIA
Connie Rivera, AIA
Frank Trimble, III, AIA
EXHIBIT B
PAGE 1 OF 2
Schedule of Billing Rates
01/01/2020
First Name Last Name Suffix Category Bill Rate
William McCord AIA Principal 218.00$
Bill Wilson, II FAIA Principal 218.00$
Frank Trimble AIA Senior Project Mgr 176.00$
Robert Conolly AIA Senior Project Mgr 141.00$
Herbert Morrison AIA Architect IV 129.00$
Jodi Goings RID Interior Designer IV 118.00$
Jennifer Hilliard AIA Architect IV 115.00$
Connie Rivera AIA Architect IV 115.00$
Janice Reddick Controller 106.00$
Delia Rodriguez Designer III 93.00$
Carrie Castor Design Administrator 88.00$
Margaret Brown Designer III 88.00$
Naomi Corley RID Interior Designer III 88.00$
Chris Hansen CADD Tech 77.00$
Sandra Disisto Administrative Assistant I 70.00$
Rev. 0
EXHIBIT B
PAGE 2 OF 2
Sample form for:
Payment Request
AE Contract
Revised 02/01/17
COMPLETE PROJECT NAME
Project No. XXXX
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:
A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY
WILL RESULT IN DELAYED PAYMENT OF INVOICES.
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).Exhibit CPage 1 of 1
1 EXHIBIT D
PAGE 1 OF 3
EXHIBIT D
Insurance Requirements
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
If claims made policy, retro date must
2 EXHIBIT D
PAGE 2 OF 3
be prior to inception of agreement,
have 3-year 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, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City with the exception
of the professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
3 EXHIBIT D
PAGE 3 OF 3
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor’s performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT “E”
Page 1 of 2
SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP:
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Job Title and City Department (if known)N/A
2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name TitleN/A
3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or CommitteeN/A
4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name ConsultantN/A
EXHIBIT “E”
Page 2 of 2
FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Person: Date:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1 – Definitions and Terminology ....................................................................................................... 2
Article 2 – Preliminary Matters ..................................................................................................................... 8
Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8
Article 4 – Commencement and Progress of the Work ................................................................................ 9
Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9
Article 6 – Bonds and Insurance ................................................................................................................. 10
Article 7 – Contractor’s Responsibilities ..................................................................................................... 10
Article 8 – Other Work at the Site ............................................................................................................... 10
Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10
Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11
Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13
Article 12 – Change Management .............................................................................................................. 13
Article 13 – Claims ....................................................................................................................................... 14
Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16
Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16
Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16
Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16
Article 18 – Suspension of Work and Termination ..................................................................................... 16
Article 19 – Project Management ............................................................................................................... 16
Article 20 – Project Coordination ................................................................................................................ 16
Article 21 – Quality Management ............................................................................................................... 17
Article 22 – Final Resolution of Disputes .................................................................................................... 17
Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17
Article 24 – Document Management .......................................................................................................... 17
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
EXHIBIT F
Page 1 of 22
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;
EXHIBIT F
Page 2 of 22
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;
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
Page 5 of 22
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,
EXHIBIT F
Page 6 of 22
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.
EXHIBIT F
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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,” o r
“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.
EXHIBIT F
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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.
EXHIBIT F
Page 9 of 22
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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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
EXHIBIT F
Page 13 of 22
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.
EXHIBIT F
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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.
EXHIBIT F
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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 for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
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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.
EXHIBIT F
Page 19 of 22
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
EXHIBIT F
Page 20 of 22
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.
EXHIBIT F
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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
EXHIBIT F
Page 22 of 22
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 21, 2020
DATE: June 22, 2020
TO: Peter Zanoni, City Manager
THRU: Steve Viera, Assistant City Manager
stevev@cctexas.com
(361) 826-3445
FROM: Richard Martinez, Director of Public Works
RichardM5@cctexas.com
(361) 826-3419
Jeff H. Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Motion authorizing execution of Change Order number 8 for the removal and replacement of the
Master Channel 31 culvert structure on the Rodd Field Road Expansion project, located in Council
District 5, with Haas-Anderson Construction in the amount of $1,399,932 for a total restated fee
of $17,277,353.76, with funding available from the Stormwater FY 2020 Capital Improvement
Program Budget.
SUMMARY:
This Change Order addresses the removal and replacement of the Master Channel 31 culvert
structure on the Rodd Field Road Expansion project.
BACKGROUND AND FINDINGS:
Rodd Field Road Expansion (Saratoga to Yorktown) is currently under construction and once
completed will be a fully reconstructed four-lane roadway with several access and safety
improvements. During the design phase, the design engineer recommended only rehabilitation of
the existing Master Channel 31 (MC-31) culvert structure. During construction, MC-31 was
dewatered and cleaned to allow access to the design engineer, contractor and City to perform a
thorough inspection. The purpose of the inspection was to assess the structural condition of MC-
31 and determine if the structure could be repaired to a serviceable condition or if it was in need
of a full replacement. It was the findings of all parties involved that MC-31 was in need of major
repair and that it was in the best interest of the City to be replaced.
Construction Change Order
Rodd Field Road Expansion (Saratoga to Yorktown)
(Bond 2018 Proposition 1 & 2)
This Change Order number 8 recommends removal and replacement of the existing MC-31
culvert structure. The new structure will be structurally sound, have an increased hydraulic
capacity and will have a 50 year plus lifespan. If approved, Haas-Anderson Construction will be
authorized to continue construction for the Rodd Field Road Expansion (Saratoga to Yorktown)
project up to the additional proposed contract amount.
Since the original construction contract award of $15,236,240.05 to Haas-Anderson Construction
in September 2018, seven change orders were executed for modifications to the construction
contract increasing the construction contract fee to $15,877,421.76.
PROJECT TIMELINE WITH CHANGE ORDER:
2020 2021
J A S O N D J F M A M J
Construction
The above construction project timeline reflects City Council approval in July 2020. Change Order
number 8 will authorize the addition of 122 calendar days to the construction contract which will
extend the anticipated construction completion date from February 2021 to June 2021.
ALTERNATIVES:
The City could defer this work until a later date, but it would leave the surrounding area at higher
risk of flooding during major rain events as the capacity of the system is undersized. In addition,
performing this work at a later date would create future traffic disruptions to traffic on Rodd Field
Road and likely result in in additional construction cost since the contractor is already mobilized
on site. The City could also put this work out as a separate bid but that would likely delay
completion on Rodd Field Road and create the potential for contractor coordination issues.
FINANCIAL IMPACT:
This Change Order number 8 for the removal and replacement of the Master Channel 31 culvert
structure on the Rodd Field Road Expansion project (Saratoga to Yorktown) will result in the
additional expenditure of a total amount not to exceed $1,399,932, which is available from the
Stormwater FY 2020 Capital Improvement Program Budget Fund Balance.
Funding Detail:
These funds are coming from the Stormwater CIP fund balance reserves and will be distributed
to this project
Fund: Stormwater 2020 CIP Fund (Fund #4532)
Mission Elem: Drainage infra -surface/pipes (ME#043)
Project No.: Rodd Field Road Expansion-Saratoga to Yorktown (Project #E15112)
Account: E15112-01-4532-EXP
Activity: Construction (Acct #550910)
Amount: $1,399,932.00
RECOMMENDATION:
Staff recommends approval of this Change Order No. 8 in the amount of $1,399,932, with Haas-
Anderson Construction for the removal and replacement of the Master Channel 31 culvert
structure on the Rodd Field Road Expansion project (Saratoga to Yorktown). Construction is
anticipated to be completed in June 2021.
LIST OF SUPPORTING DOCUMENTS:
Location & Vicinity Maps
Change Order No. 8
CHANGE ORDER NO:8 - COUNCIL CHANGE ORDER DATE:
PROJECT:Rodd Field Rd. - Yorktown Blvd. to Saratoga Blvd. (Bond 2014)PROJECT NUMBER:
CONTRACTOR:Haas-Anderson Construction, Ltd.ORIGINAL CONTRACT TIME:810 CD's
ENGINEER:LJA Engineering
ADDITIONS Quantity Unit Unit Price
Master Channel 31 Changes
E - New 8 Master Channel 31 Changes - Culvert Rehab & Replacement 1 FPP $ 1,436,822.00
H1 Gas Line Trench Excavation, Bedding, & Backfill 200 LF $ 19.00
H2 Pipe Trench Safety 200 LF $ 1.10
Additions Total:
DELETIONS
Reconciliation
E53 Concrete Headwall -1 EA $ 18,800.00
E54 Concrete Wingwall -2 EA $ 10,300.00
E56 42" RCP Outfall Penetration Repair -0.25 EA $ 3,020.00
E58 54" RCP Outfall Penetration Repair -0.25 EA $ 3,020.00
Deletions Total:
Additional Calendar Days requested 122
NET TOTAL OF THIS CHANGE ORDER:
Original Contract Amount
Total Change Order Contingency Amount (25%)
Remaining Available Contingency Amount (including this CO)
Previously Approved Change Order Amount
Proposed Change Order Amount
Revised Contract Amount
Percent of Total Change Orders (including this CO)
Original Contract Time for Substantial Completion CD's
Notice to Proceed Date
Original Substantial Completion Date
Previously Approved Change Order Time CD's
Additional Time on This Change Order CD's
Revised Contract Time for Substantial Completion CD's
Revised Substantial Completion Date
REVIEWED BY:LJA Engineering REQUESTED BY:Haas-Anderson Construction, Ltd.
Engineer Date Scott Kelley Date
Project Manager
FUND:
RECOMMENDED BY:ACCOUNT:
Brett Van Hazel Date ACTIVITY:
Construction Engineer AMOUNT:
RECOMMENDED BY:APPROVED BY:
Jeff H. Edmonds Date Michael Rodriguez Date
Director of Engineering Services Chief of Staff
RECOMMENDED BY:
Eddie Houlihan, Director Date Kent Mcilyar Date
Management and Budget Assistant City Attorney
Make the following additions, modifications or deletions to the work described in the Contract Documents:
$ 1,399,932.00
CITY OF CORPUS CHRISTI
ENGINEERING SERVICES
CHANGE ORDER
6/15/2020
E15112
$ 1,440,842.00
Total
$ 1,436,822.00
$ 3,800.00
$ 220.00
$ (40,910.00)
$ (18,800.00)
$ (20,600.00)
$ (755.00)
$ (755.00)
11/26/2018
Why was this Change necessary:
The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known,
unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result
of this Change Order.
$ 15,236,240.05
$ 3,809,060.01
$ 1,767,946.30
$ 641,181.71
$ 1,399,932.00
$ 17,277,353.76
13.40%
810
During construction Master Channel 31 (MC31) was inspected by the Engineer of Record, LJA, to determine the condition of the structure and what repairs, if any, would be required. It was determined
that the MC31 required numerous repairs, was undersized and near the end of its useful life. LJA recommended that MC31 be removed and enlarged to accommodate future development. The
Engineering and Utility Departments have reviewed the recommendation and agree.
APPROVED AS TO
FORM:
CITY OF CORPUS CHRISTI
2/13/2021
0
122
932
6/15/2021
n/a
4532-043 n/a
550910 n/a
E15112-01-4532-EXP n/a
$1,400,000.00 n/a
1402 Holly Rd. · P.O. Box 7692 · Corpus Christi, Texas 78467 · 361/853-2535 · FAX 361/853-5564
June 3, 2020
City of Corpus Christi
4917 Holly Rd
Corpus Christi, TX 78411
Attn: Brett Van Hazel
Re: Proposal for Master Channel 31 Changes Rev1
The price below consists of all changes at Master Channel 31 from the revised Rodd
Field Road Improvements plans dated 4/30/20. This price includes all labor,
equipment, and materials for the demo and install of box culverts and all other work
incorporated in the plan changes.
LUMP SUM for MASTER CHANNEL 31 CHANGES $1,399,932.00
In addition to the cost proposed, we request 122 calendar days be added to the Rodd
Field Road Improvements contract for this additional work. I have included a
breakdown of the bid items we established and a breakdown specifically of the
mobilization item as requested. As requested in the meeting yesterday, 6/2/20, we
have agreed to perform the bypass pumping via force account utilizing the allowance
specified on this breakdown. Should you have any questions, please feel free to
contact me at 361-877-2559 or via e-mail at skelley@haas-anderson.com.
Sincerely,
Scott Kelley
Project Manager
BID PROPOSALRodd Field - Master Channel 31 ChannelHAC1332CO#8R06/03/2020 2:28 PMRandall MooreBid TotalUnit PriceUnitsQuantityDescriptionBiditem12,500.0012,500.00LS1.000TRAFFIC CONTROL100134,180.00134,180.00LS1.000MOBILIZATION20014,500.002,900.00DAY5.000EXPLORATORY30050,760.0050,760.00LS1.00012" CASED WATERLINE ADJUSTMENT IN TWO PHASES3101,387.5092.50LF15.000REMOVE 54IN RCP12001,620.0090.00LF18.000REMOVE 42IN RCP130086,475.0086,475.00LS1.0008FTX4FT RCB DEMO AND REMOVAL14001,168.754.25CY275.000CONCRETE RUBBLE REMOVAL FROM SITE15008,160.003.20CY2,550.000ADDITIONAL SPOIL REMOVAL FROM SITE160038,700.00129.00LF300.000WELL POINTS/ DEWATERING170050,000.0050,000.00LS1.000MASTER CHANNEL 31 BYPASS PUMPING ALLOWANCE1800628,181.00857.00LF733.000INSTALL 8FTX5FT RCB190059,092.8872.40TN816.200ROCK BEDDING DELIVERED AND PLACED200065,861.5083.90CY785.000CEMENT STABILIZED SAND210010,275.0010,275.00LS1.000MODIFICATIONS TO JB-822007,275.007,275.00LS1.000JB-8 CONNECTION TO 8FTX5FT RCB23009,625.009,625.00LS1.000MODIFICATIONS TO JB-1224007,175.007,175.00LS1.000JB-12 CONNECTION TO 8FTX5FT RCB25009,906.75157.25LF63.000REMOVE AND REPLACE 36IN TO PI-122600162,620.0081,310.00EA2.000HEADWALLS (PW-1) HW=8270022,469.0022,469.00EA1.000SET (TY I)(S= 7 FT)(HW= 4 FT)(2.5:1) (C)280044,478.0014.00SF3,177.000CONCRETE ARTICULATED MATTING290010,412.00137.00LF76.000PEDESTRIAN RAIL3000$1,436,822.38Bid Total1
Bid Items for Master Channel 31Unique Change Order ItemsLS1.001,436,822.00$ 1,436,822.00$ Over/Under of Existing Contract Items1E53Concrete Headwall EA(1.00)18,800.00$ (18,800.00)$ 1E54Concrete WingwallEA(2.00)10,300.00$ (20,600.00)$ 1E5642" RCP Outfall Penetration RepairEA(0.25)3,020.00$ (755.00)$ 1E5854" RCP Outfall Penetration RepairEA(0.25)3,020.00$ (755.00)$ 1H1Gas Line Trench Execavation, Bedding & BackfillLF200.0019.00$ 3,800.00$ 1H2Pipe Trench Safety LF200.001.10$ 220.00$ TOTAL BID1,399,932.00$ Additional Calendar Days Requested (4 mos)DAYS122.00
Haas-Anderson Construction Ltd.Page 1
HAC1332CO#8R Rodd Field - Master Channel 31 Channel 06/03/2020 14:44
Scott Kelley Cost for Item 200
Activity Desc Quantity Unit Perm Constr Equip Sub-
Resource Pcs Unit MH/Unit Cost Labor Material Matl/Exp Ment Contract Total
BID ITEM = 200
Description = MOBILIZATION Unit = LS Takeoff Quan: 1.000 Engr Quan: 1.000
100 MOBILIZATION Quan: 1.00 LS Hrs/Shft: 9.00 Cal: STD WC: TX0001
**Unreviewed
4STORM Storm Sewer - Sub 1.00 1.00 LS 33,000.000 33,000 33,000
9999 GENERAL CONDITIONS Quan: 1.00 LS Hrs/Shft: 8.00 Cal: SAL WC: TX0001
**Unreviewed
3ZCONSUMABL Misc Consumables 1.00 4.00 MO 2,000.000 8,000 8,000
3ZDUMPSTER Dumpster 1.00 4.00 MO 750.000 3,000 3,000
3ZFIELD Field Office and Utilities 1.00 4.00 MO 1,500.000 6,000 6,000
3ZPOPICE POP/Ice 1.00 4.00 MO 75.000 300 300
3ZSKID Skid-O-Can 1.00 4.00 MO 250.000 1,000 1,000
3ZWATER Construction Water 1.00 4.00 MO 600.000 2,400 2,400
8TRHAUL ==> Equipment Haul Truck 1.00 30.00 HR 95.510 2,865 2,865
8TRPUS ==> Superintendent Pickup 1.00 4.00 MO 955.130 3,821 3,821
TLB ==> Truck Driver Lowboy 1.00 30.00 MH 24.780 1,152 1,152
ZGS ==> General Superintendent 1.00 4.00 MO 1,000.000 4,000 4,000
ZPM ==> Project Manager 1.00 4.00 MO 2,500.000 10,000 10,000
ZSUPT ==> Superintendent 1.00 4.00 MO 6,500.000 26,000 26,000
ZSURVEY ==> Survey Crew 1.00 15.00 DAY 1,200.000 18,000 18,000
$86,538.08 30.0000 MH/LS 30.00 MH [ 58743.4 ] 59,152 20,700 6,686 86,538
=====> Item Totals: 200 - MOBILIZATION
$119,538.08 30.0000 MH/LS 30.00 MH [ 58743.4 ] 59,152 20,700 6,686 33,000 119,538
119,538.080 1 LS 59,152.27 20,700.00 6,685.81
33,000.00 119,538.08
$119,538.08 *** Report Totals ***30.00 MH 59,152 20,700 6,686 33,000 119,538
>>> indicates Non Additive Activity
Holding account totals will not be added to the report totals because the distribution is instead added to the
various bid items.
------Report Notes:------
The estimate was prepared with TAKEOFF Quantities.
This report shows TAKEOFF Quantities with the resources.
'Unreviewed' Activities are marked.
Bid Date: Owner: Engineering Firm:
Estimator-In-Charge:
JOB NOTES
Estimate created on: 05/08/2020 by User#: 5 - Scott Kelley
Source estimate used: R:\HEAVYBID\EST\ESTMAST
************Estimate created on: 05/29/2020 by User#: 5 - Scott Kelley
Source estimate used: R:\HEAVYBID\EST\HAC1332CO#08
*on units of MH indicate average labor unit cost was used rather than base rate.
[ ] in the Unit Cost Column = Labor Unit Cost Without Labor Burdens
In equipment resources, rent % and EOE % not = 100% are represented as XXX%YYY where XXX=Rent% and YYY=EOE%
------Calendar Codes------
508 5 Eight Hour Days
510 5 Ten Hour Days
37
37
181 N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
RODD FIELD ROAD EXPANSION
(SARATOGA BLVD TO YORKTOWN BLVD)
VICINITY MAP
NOT TO SCALE
PROJECT NUMBER: E15112LOCATION MAP
NOT TO SCALE
PROJECT LOCATION
PROJECT LOCATION
N
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
AERIAL MAP
NOT TO SCALE
PROJECT NUMBER:E15112AIRLINE RDY
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BAY DRRODD FIELD ROAD EXPANSION
(SARATOGA BLVD TO YORKTOWN BLVD)
AGENDA MEMORANDUM
Public Hearing/1st Reading Ordinance for the City Council Meeting of July 21, 2020
2nd Reading Ordinance for City Council Meeting July 28, 2020
DATE: 6/26/2020
TO: Peter Zanoni, City Manager
FROM: Rudy Bentancourt, Housing and Community Development Director
RudyB@cctexas.com
361-826-3021
CAPTION:
Ordinance adopting the fiscal year (FY) 2020-2021 Consolidated Annual Action Plan (CAAP) for the Community
Development Block Grant (CDBG) budget in the amount of $2,758,645, the Emergency Solutions Grant (ESG)
budget in the amount of $232,899, and the HOME Investment Partnerships (HOME) budget in the amount of
$1,141,628 for a total of $4,133,172.00 of entitlement funding from the United States Department of Housing
and Urban Development (HUD) and authorizing the execution of all necessary documents to submit the CAAP,
authorizing a staff complement of 26 positions; accept and appropriate funding for the approved CAAP projects
and further execute funding agreements, amendments or other documents necessary to implement the FY2020-
2021 CAAP with organizations for approved projects.
PURPOSE:
The purpose of Public Hearing is to meet the HUD requirements of approving the CAAP and to provide a
“Citizen Comment Period” for citizens to provide comments on the proposed project funding for the FY2020-
2021 CAAP. The Ordinance will include the adoption of the proposed CAAP.
SUMMARY:
The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved
process for the FY2020-FY2021 Consolidated Plan/Citizens Participation Plan, two (2) public hearings prior to
the adoption of the FY2020-2021 CAAP. In order to maximize the citizen comments from the public, a total of
three (3) Public Hearings were held. An initial public hearing was held at the City of Corpus Christi’s City Hall
on February 7, 2020. A second public hearing to receive additional input was held on February 13, 2020. The
public hearing to be conducted on Tuesday, July 21, 2020 by the City of Corpus Christi’s City Council will be a
third public hearing and will more than satisfy the requirement of the two required hearings.
The City of Corpus Christi has received official notification from HUD of the FY2020-2021 funding allocation for
the following programs.
$2,758,645 Community Development Block Grant (CDBG)
$232,899 Emergency Solutions Grant (ESG)
Public Hearing/1st Reading Ordinance regarding the City of Corpus Christi’s proposed FY2020-2021
Consolidated Annual Action Plan.
$1,141,628 HOME Investment Partnerships Program (HOME)
It is important to note that for FY2020-2021, CDBG will experience a 4.08% increase ($108,083), ESG will
experience a 2.12% increase ($4,832), and HOME will experience an 8.14% increase ($85,980) from prior year
funding, based on the entitlement funding which will be received from HUD.
Additional funding in the amount of $406,146 was recaptured from previously funded projects that were unspent
have been made available to be reprogrammed; as well as $300,000 of generated program income from the
Rehabilitation Loan Program; and $100,000 of program income from Clearance of Vacant Properties have been
made available to augment funding levels for the upcoming FY2020-2021 CDBG program allocations for a total
funding level of $3,564,791.
The ESG Program will have an allocation amount of $232,899 for FY2020-2021. The intent of the ESG Program
is to provide funding to providers of Homeless services to support the efforts of Emergency Shelter, Homeless
Prevention and Rapid Re-Housing activities.
The HOME Program will have an allocation amount of $1,141,628 as a funding level from entitlement funds to
be received, with an additional $375,000 generated from the Rehabilitation Loan Program for a preliminary
estimated funding amount of $1,516,628 for the FY2020-2021 budget year.
The FY2020-2021 CAAP represents the third annual action plan of the previously approved five -year (FY2018-
FY2022) Consolidated Plan and is the application to HUD for funding for the CDBG, ESG, and HOME Programs.
The FY2020-2021 CAAP describes the activities and projects to be assisted with funds received under CDBG,
ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community development
objectives. The proposed FY2020-2021 CAAP has been developed according to HUD regulations and is
required to be submitted to HUD no later than August 10, 2020.
Staff will be making a brief presentation to the City Council at the opening of the Public Hearing to outline the
FY2020-2021 CAAP’s eligibility criteria for the programs and staff’s recommendations.
The FY2020-2021 Consolidated Annual Action Plan will be submitted to HUD on or before August 10, 2020
following the required citizen comment period.
ALTERNATIVES:
None
FISCAL IMPACT:
The City is expected to receive $4,133,172 in federal funding for projects which include community
improvements, housing programs, addressing homelessness, and affordable housing activities.
Funding Detail:
Fund: N/A
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: N/A
RECOMMENDATION:
Staff is recommending the approval of the project recommendations for the CDBG, ESG and HOME Programs.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
CDBG Attachment FY2020-2021
ESG Attachment FY2020-2021
HOME Attachment FY2020-2021
@BCL@A40D4251
Ordinance adopting the fiscal year (FY) 2020-2021 Consolidated Annual
Action Plan (CAAP) for the Community Development Block Grant (CDBG)
budget in the amount of $2,758,645, the Emergency Solutions Grant (ESG)
budget in the amount of $232,899, and the HOME Investment Partnerships
(HOME) budget in the amount of $1,141,628 for a total of $4,133,172.00 of
entitlement funding from the United States Department of Housing and
Urban Development (HUD) and authorizing the execution of all necessary
documents to submit the CAAP, authorizing a staff complement of 26
positions; accept and appropriate funding for the approved CAAP projects
and further execute funding agreements, amendments or other documents
necessary to implement the FY2020-2021 CAAP with organizations for
approved projects.
Whereas, with proper notice to the public and in accordance with HUD regulations,
three public hearings were held, the first on February 7, 2020, the second on
February 13, 2020, and the third and final public hearing during a meeting of the
City Council, in the Council Chambers on Tuesday, July 21, 2020. All hearings were
held at City Hall, in the City of Corpus Christi, during which all interested persons
were allowed to appear and be heard; and
Whereas, the City Council has determined that this Ordinance adopting the
FY2020-2021 CAAP would best serve the public health, safety, necessity,
convenience and general welfare of the City of Corpus Christi and its citizens.
Now therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
Section 1. That the FY2020-2021 CAAP, which includes the CDBG, the ESG, and
the HOME Programs, is adopted.
Section 2. That the City Manager or the City Manager’s designee is authorized:
to submit the FY2020-2021 CAAP to HUD, and
to amend the FY2020-2021 CAAP if required by HUD.
Section 3. That the City Manager or the City Manager’s designee is authorized:
to execute all documents necessary to accept and appropriate
the grants from HUD into the Grant Fund No. 1059 for the
approved FY2020-2021 CAAP, and
to execute funding agreements, amendments and all other
documents necessary to implement the FY2020-2021 CAAP
with organizations for approved projects.
Section 4. The proposed personnel complement of 26 positions is authorized for
carrying out aspects of the approved FY 2020-2021 CAAP.
@BCL@A40D4251
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2020, by the following vote:
Joe McComb ____________ Michael Hunter ___________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
That the foregoing ordinance was read for the second time and passed finally on
this the _______ day of _______________, 2020, by the following vote:
Joe McComb ____________ Michael Hunter ___________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
PASSED AND APPROVED on this _____ day of __________________, 2020.
ATTEST:
_____________________________ _____________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
City Council
July 21, 2020
CITY COUNCIL –1st Reading Ordinance
Staff Recommendations for the FY2021-2021 CAAP
1
2
•HCD –CDBG Program Administration -$445,000
•HCD –Rehabilitation Services -$777,000
•HCD –Minor Home Repair Grant Program -
$600,000 (PI-$300,000)
•Parks and Recreation –Salinas Park Improvements -$1,000,000
•Police –Code Enforcement –Demolition -$200,000
•Police –Code Enforcement –Clearance of Vacant Prop. -$50,000
•Police –Code Enforcement –Staffing -$392,791
•Boys and Girls Club –Locker Room Plumbing Replacement -
$100,000
Staff Recommendations –CDBG FY2020
3
•City of Corpus Christi –ESG Admin Cost -
$17,467
•Corpus Christi Hope House -$95,216
•The Salvation Army -$95,216
•Endeavors of Corpus Christi -$25,000
Staff Recommendations –ESG FY2020
4
Staff Recommendations –HOME FY2020
•HOME Administration/Technical Assistance -$114,162
•Single Family Rehabilitation Loan Program -$500,000
•Homebuyer Assistance Program -$200,000
•Accessible Housing Resources, Inc. -$202,466
•TG-110, Inc.-Village at McArdle -$500,000
5
QUESTIONS?
$232,899
#PROJECT & DESCRIPTION Request Staff
Recommendation
1
City of Corpus Christi - ESG Administrative Cost
Administrative Cost is being requested to fund a staff person at .25
FTE for the overall administration of the Emergency Solutions Grant
Program. These functions include the financial oversight,
compliance, and technical assistance components of the program.
$17,467 $17,467
2
Corpus Christi Hope House
The funding requested will provide emergency shelter and supportive
services to homeless families, specifically, homeless women with
children and provide assistance to keep individuals and families at-
risk of homelessness stably housed through Homeless Prevention
Program Assistance, and transition individuals and families out of
homelessness into permanent housing through Rapid Rehousing
Program Assistance.
$95,216 $95,216
3
The Salvation Army
The requested funding will allow The Salvation Army to continue to
provide food, emergency shelter, case management, and supportive
services including Rapid Rehousing to homeless and at-risk
individuals, families and Veterans and Coordinated Entry services.
The Emergency Shelter portion will provide for Emergency Shelter
management and kitchen staff, a a portion of shelter utilities,
maintenance and food. the Rapid-Rehousing portion will provide for
rent and utility funds for 5 households with an average of 3 people
each for a total of 15 people.
$95,216 $95,216
4
Endeavors of Corpus Christi
ESG funds will assist Endeavor Veterans Supportive Services
Program (EVSSP) in serving additional Veterans who are at risk of
homlessness with prevention funding to maintain and sustain current
housing. Homeless prevention services will be provided through the
form of intensive case management and rental and utility arrears.
The requested funds will support the EVSSP's to ensure Veterans
overcome barriers to housing stability and are successful after
obtaining housing stabilization.
$25,000 $25,000
Overall Total $232,899 $232,899
All ESG funding must be matched at 100%
RECOMMENDED FY2020
EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM
FY2020 ESG Allocation
1
$2,758,645
$406,146
Program Income from Code Enforcement (Revolving Fund)$100,000
$300,000
$3,564,791
#PROJECT & DESCRIPTION Request Staff Recommendation
1
HCD - CDBG Program Administration
This project will fund 5.75 FTE staff salaries and administrative costs: 1-
Administrator, 1-Program Manager, 2-Sr. Management Assistants, and
1.75-Contract Administrators. Staff is responsible for administering the
Community Development Block Grant (CDBG), the HOME Investment
Partnership (HOME), and Emergency Solutions Grant (ESG) Programs.
Staff interprets CDBG, HOME, and ESG federal regulations, conducts
public hearings/meetings, reviews proposed projects and activities to
determine funding and eligibility, monitors subrecipients for program
compliance, provides technical assistance, conducts environmental
assessments of funding projects/activities, and enforces Davis Bacon
Federal Labor Standards requirements. Staff must attend mandatory and
required trainings in order to remain in federal compliance.
Recommendation is 16% of allowable 20%.
Staff salaries without benefits: $303,982.30
HCD operational budget: $48,600.94
$445,000 $445,000
2
HCD - Rehabilitation Services
This is the operating budget for 10 FTE staff that service the various
housing programs administered by HCD: 1-Director, 3-Program
Managers, 2-Rehab Specialists, 2-Program Specialists, and 2-
Management Assistants. The staff manage and administer the
Demolition/Reconstruction Loan Program, Single Family Rehabilitation
Loan Program, Minor Home Repair Grant Program, Accessible Ramp
Program, Down Payment Assistance Program, Homebuyer Closing Cost
Program, the Type A Homebuyer Program, and Mortgage Servicing which
manages the servicing of approximately 550 loans provided through the
Single Family Demolition/Reconstruction and Rehabilitation Loan
Programs. Services include collection of loan payments, escrowing of
insurance and property taxes, payment of insurance and property taxes,
preparing end of year escrow analysis, and providing release of liens on
loans that are paid off. Services provided include applicant in-take, loan
processing, loan settlement, Homebuyer Education, construction
monitoring, project estimating, and development of specifications and
drawings. Staff must attend mandatory and required trainings to remain in
federal compliance.
Staff salaries without benefits: $504,013.23
HCD operational budget: $74,242.24
$777,000 $777,000
3
HCD - Minor Home Repair Grant Program
The Minor Home Repair Grant Program assists homeowners with a grant
to provide repairs involving the roof, plumbing, electrical, heating or minor
structural repairs. The applicant must be at least 62 years old or disabled.
The applicant must meet the very low-income limits (30% AMI).
Program Income Projection: $300,000
Entitlement funding: $300,000
$600,000 $600,000
4
Parks and Recreation-Salinas Park Improvements
Salinas Park is designated as a community/regional park with ADA play
structures that are unique to this community. Salinas Park is located in an
underserved area that would greatly benefit from park amenities that
improve the health and well being of its residents. Phase I and Phase II
created accessible play structures, Play for All playground, shade
structure over the playground and new splash pad. The proposed
improvements will include shade structure over the new Play for All
Splash Pad; additional shade structures and picnic tables around splash
pad for families; install partial fencing around the basketball court to allow
for wheelchair basketball to be played without the ball rolling into the
adjacent parkland; remove and replace the asphalt walking trail in the
park to meet ADA compliance; park lighting (sports field and walking trail)
and install an irrigation system where none exists and other improvements
deemed necessary.
$1,000,000 $1,000,000
Program Income from Rehabilitation Program (Revolving Loan Fund estimate)
TOTAL FUNDS AVAILABLE FOR FY2020 CDBG PROGRAM
CITY OF CORPUS CHRISTI
FY2020 ANNUAL ACTION PLAN
RECOMMENDED FY2020 CDBG PROGRAM
FY2020 CDBG Allocation
Reprogrammed Funds
1
#PROJECT & DESCRIPTION Request Staff Recommendation
5
Code Enforcement-Demolition
This program consists of the demolition of substandard structures
determined to be health and safety issues and meet a threshold of 51% or
more deterioration of the general structure. The demolition of these
structures is an abatement measure as deemed necessary by the City
Code of Ordinances and Public Safety Officials. The removal of unsafe
structures is a priority for neighborhood revitalization within the community
as well as a goal established by City Council. Each structure will be
assessed and surveyed by Code Enforcement as a sub-standard building
case. The property owner is provided the opportunity to resolve the sub-
standard conditions within the parameters of the City’s Building Codes.
Structures remaining sub-standard will be demolished under the authority
of the Building Standards Board. The City may charge an abatement cost
and place a lien against the properties to cover the cost incurred; or, The
Demolition Grant Program allows the property owner the opportunity to
voluntarily agree to have their structure demolished. This Program
benefits low income persons in CDBG eligible areas to aid in the
prevention/elimination of slums or blight. $150,000 of this funding will go
towards the assessment, treatment, and demolition of 1113 N. Alameda
as part of the Harbor Bridge Projects Mitigation Plan. PI - 50,000
$200,000 $200,000
6
Code Enforcement-Clearance of Vacant Properties
This program consists of the clearance of vacant properties in regards to
the removal of the accumulation of litter; solid waste; the mowing of tall
weeds and dangerous weeds; and, abatement
of unsightly and unsanitary matter. The City may charge an abatement
cost and place a lien against the properties to cover the cost incurred.
This Program benefits low income persons in CDBG eligible areas to aid
in the prevention/elimination of slums or blight. All CDBG eligible census
tracts in the city meet the HUD criteria for a deteriorating area and meet
the national objective of serving the low income clients. PI - $50,000
$50,000 $50,000
7
Code Enforcement Program (Staffing)
This request is to fund full salary for eight (8) full-time employees in the
Code Enforcement Division of the Police Department - seven (7)
Compliance Officers at 100% and one (1) Senior Account Clerk at 100%
for special code enforcement activities associated with the investigation,
notification and abatement of ordinance violations in CDBG eligible areas.
This amount includes $2,400 ($300) for each staff member for required
training and certifications). The Program benefits low income persons in
CDBG eligible areas to aid in the prevention/elimination of slums or blight.
$392,791 $392,791
8
Boys and Girls Club-Locker Room Plumbing
The Greenwood Unit locker rooms are currently closed to everyone due to
the corroded plumbing in that area of the facility. The pipes are extremely
old, unsafe, and have collapsed in some places. Funding will go towards
the replacement of the plumbing in the locker rooms so individuals are
able to utilize the space within the facility.
$100,000 $100,000
Overall Total $3,564,791 $3,564,791
2
$1,141,628
Program Income from Rehabilitation Program $375,000
$1,516,628
#PROJECT & DESCRIPTION Request Staff Recommendation
1
HOME Administration/Technical Assistance
Administrative funds for 2 FTE staff, planning, oversight, coordination, staff
supervision, monitoring and evaluation, contracting, recordkeeping/reporting
and overall program management. Staff training and administrative
expenses are also included in the request. Technical assistance will be
provided to enhance the capacity of CHDO's, non-profits, owners/investors
of rental property and other organizations that may participate in the
program. The amount indicates 10% of the allowed 10% for administrative
costs.
$114,162 $114,162
2
HCD Single Family Rehabilitation
The Single Family Rehabilitation Loan Program benefits only low- and very
low-income homeowners. The program provides zero percent and three
percent interest loans to homeowners interested in rehabilitating their
homes. Funds requested will be used to provide demolition and relocation
grants and reconstruction loans to eligible homeowners whose homes are
51% or more deteriorated.
Program Income Projection: $375,000
Entitlement Funding: $125,000
$500,000 $500,000
3
HCD Homebuyer Assistance
HCD will offer homebuyer down payment assistance to income- eligible
residents meeting the income guideline requirements for 80% AMI. The
program will provide up to $10,000 in down payment assistance and up to
$10,000 in closing cost assistance.
$200,000 $200,000
INTERDEPARTMENTAL TOTAL $814,162 $814,162
4
Accessible Housing Resources, Inc.
AHRI will receive referrals of individuals with disabilities, elderly, (55+)
Veterans, homeless or at-risk of homlessness or institutionalization who
have a need for affordable, accessible and decent rental housing through
outreach to CBCIL, AAA-ADRC, Salvation Army, and others. The program
funds will cover rent, utilities, housing deposits and project delivery costs.
$202,466 $202,466
5
TG 110, Inc. - Village at McArdle
Village at McArdle is a proposed 82-rental unit multifamily apartment
community of which 70 units will be at or below 60% AMI. Due to the area
having many job opportunities and amenities in close proximity, the project
will also include 12 market rate units. Demolition and reconstruction of 99-
units. The new construction of the community will include energy efficient
materials, fixtures and appliances. The planned on-site amenties, zoned
CG-2, are full-perimeter fencing, computer learning center-2 per 20 units, a
new furnished community room, community laundry room, WIFI in the
office/community center, children's playscape area and swimming pool. The
development will be financed primarily through the Texas Department of
Housing and Community Affairs' Low Income Housing Tax Credits, private
debt, and HOME funds through the City of Corpus Christi.
Total Project Cost: $18,122,680
$500,000 $500,000
$814,162 $814,162
$202,466 $202,466
$500,000 $500,000
$1,516,628 $1,516,628
RECOMMENDED FY2020 HOME PROGRAM
FY2020 HOME Allocation
TOTAL FUNDS AVAILABLE FOR FY2020 HOME PROGRAM
HCD Projects Total
Housing Tax Credit Projects
Overall Total
Non-Profit Projects
1
DATE: June 9, 2020
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
RRocha@cctexas.com
361-826-3932
CAPTION:
Ordinance amending the Fire Prevention Permit Fee Schedule of the Corpus Christi Code of
Ordinances that will add nine additional fees that were previously collected by a third-party
consultant
SUMMARY:
This ordinance amendment will authorize the removal of the $250 Plans Review fee and will
include nine additional fees that were previously collected by a third-party contractor. The
contractor will no longer conduct Fire Protection Engineer (FPE) services for the City. The City’s
recently hired Fire Protection Engineer will now conduct services as required by the international
fire code and state and local codes and ordinances and therefore the City will collect the additional
fees.
BACKGROUND AND FINDINGS:
The City of Corpus Christi in year’s past charged a one-time $250 plans review fee. In recent
times, the City utilized a third-party FPE to asses and collect fees for the following permits: special
suppression systems, sprinkler systems, fire alarm systems, fire lane markings, fire pumps or
standpipes and re-review fees. The third-party consultant will no longer conduct FPE services on
behalf of the City. This ordinance amendment will authorize the removal of the one-time $250
Plans Review fee in the ordinance and will include the nine fees that were previously collected by
the third-party FPE. The nine fees added to the Fire Prevention permit fee schedule are the same
fees that the third-party FRP charged. Permits are required by the international fire code and state
and local codes and ordinances. The permits ensure that there is adequate sprinkler and fire
alarm coverage and to ensure that the standpipe systems and fire pumps are providing adequate
fire protection to the occupancy in line with fire code requirements. The fees are as follows:
Special Suppression Systems $300 per review
Plans Review- Sprinkler (up to 20 heads) $300 per review
Plans Review- Sprinkler (21+ heads) $550 per review
Plans Review- Fire Alarm (up to 20 devices) $300 per review
Plans Review- Fire Alarm (26-200 devices) $550 per review
Plans Review- Fire Alarm (201+ devices) $550 flat fee + $1 each additional
Amending Ordinance for Fire Prevention Fees
AGENDA MEMORANDUM
First Reading for the City Council Meeting of July 21, 2020
Second Reading for the City Council Meeting of July 28, 2020
device over 200 per review
Plans Review- Fire Line $250 per review
Plans Review- Standpipe or Fire Pump $250 per review
Re-Review Fee ½ of original review fee
Based on a 3-year average from the contractor’s fees, the inclusion of the new fees is estimated
to bring in about $106,105 in revenue. The additional fees will be utilized to fund the salary of the
Fire Protection Engineer. The Fire Protection Engineer will start providing these services for the
City starting July 20, 2020.
In FY2020 the City Council approved the hire of the Fire Protection Engineer position in the Fire
Prevention Division of the Fire Department. By bringing the Fire Protection Engineer within the
Fire Department, the City will no longer require the services provided by the third-party Fire
Protection Engineer and thus can charge the fees listed above internally.
ALTERNATIVES:
The alternative to approving the fee adjustment would be to reject the fee adjustment to the Fire
Prevention fee schedule. This would cause the Fire Department to become short of the salary for
the Fire Protection Engineer.
However, the approval of the fee adjustment will ensure the salary for the Fire Protection
Engineer.
FISCAL IMPACT:
The fiscal impact for FY2021 will be an estimated revenue of $106,150.
Funding Detail:
Fund: 1020 General Fund
Organization/Activity: 12020 Fire Prevention
Mission Element: 888 Revenue
Project # (CIP Only):
Account: 308900 Fire Prevention Permit Fees
RECOMMENDATION:
Staff recommends that City Council approve the fee adjustment to the Fire Prevention Permit fee
schedule.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance amending the Fire Prevention Permit Fee Schedule of the Corpus Christi Code
of Ordinances that will add nine additional fees that were previously collected by a third-
party consultant.
Section 1. That Chapter 18, Fire Prevention and Protection, Article I, Section 18-4. Fire
prevention permit fee schedule of the Corpus Christi Code of Ordinances is amended
as follows:
Sec. 18-4 - Fire prevention permit fee schedule.
The following fee schedules apply to activities under article I of this chapter.
Corpus Christi Fire Department
Fire Prevention Permit Fee Schedule
Permit Fee Fee
After Hours Overtime Inspections $100.00 per hour (3 hours minimum) pre-paid
prior to scheduling inspection
Airports, heliports and helistops 200.00 annually
Assembly 150.00 annually
Automatic sprinklers, standpipes, and fire lines
(testing) 200.00 per visit
Bars 150.00 annually
Churches (one-time fee - no day care facility on
premises) 150.00
Combustible fibers (storage and handling) 150.00 annually
Commercial Vent-A-Hood cleaning 100.00 annually
Compressed gas 100.00 annually
Cryogenic fluids 150.00 annually
Day care facilities (or similar short-term
occupancies) 100.00 annually
Dry cleaning plants 150.00 annually
Exhibits/Trade Shows (Special Events) 250.00 per event
Explosives, blasting agents and ammunition 150.00 annually
Explosives, Demolition 250.00 per event
Extinguishing systems 150.00 per inspection
Fire alarm systems 150.00 per floor - per test visit
Fire alarm systems (required 15,000 square foot
zones) 150.00 per zone - per test visit
Fireworks display (aerial) 150.00 per display
Fireworks display (non-aerial) 150.00 per display
Flame Effects 150.00 per display
Flammable and combustible liquids 150.00 annually
Flammable finishes 150.00 annually
Foster homes and group homes 100.00 annually
Fumigation and thermal insecticide fogging 200.00 annually
Hazardous chemicals 150.00 annually
High piled combustible stock 100.00 annually
High rise life safety system (testing before issuance
of C. of O.) 250.00 per test
Hospitals and nursing homes (per bed) 1.20 per bed +
$250.00 flat fee
Liquified natural gas 100.00 annually
Liquified petroleum gas 100.00 annually
Lumber storage 150.00 annually
Mechanical refrigeration 100.00 annually
Open burning 750.00 per day
Organic coatings 100.00 annually
Plans Review Plans Review – Sprinkler (up to 20
heads) 250.00 per review 300.00 per review
Plans Review- Sprinkler (21+ heads) 550.00 per review
Plans Review- Fire Alarm (up to 20 devices) 300.00 per review
Plans Review- Fire Alarm (26-200 devices) 550.00 per review
Plans Review- Fire Alarm (201+ devices) 550.00 flat fee + 1.00 each additional device over
200 per review
Plans Review- Fire Line 250.00 per review
Plans Review- Standpipe or Fire Pump 250.00 per review
Pressure Test (Fuel Storage Tanks and/or Product
Lines) 150.00 per visit
Repair Garages 150.00 annually
Re-Review Fee ½ of original review fee
Restaurants 150.00 annually
Special Handling Fee (Less than 24-Hours' Notice) 100.00 per inspection
Special Suppression Systems 300.00 per review
Tank vehicles for flammable and combustible 100.00 annually
liquids
Tents and air-supported structures 100.00 annually
Tire rebuilding plant 100.00 annually
Underground/Above ground fuel tanks (installation
and removal) 200.00 per inspection
Visuals - Fire Alarm/Automatic Sprinkler (Above
ground/Underground) 100.00 per visit
Wrecking yard, junkyard or waste handling 100.00 annually
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. This ordinance shall go into effect immediately upon publication.
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of July 21, 2020
Second Reading Ordinance for the City Council Meeting of July 28, 2020
DATE: June 12, 2020
TO: Peter Zanoni, City Manager
THRU: Steve Viera, Assistant City Manager
stevev@cctexas.com
(361) 826-3445
FROM: Kevin Norton, Director of Water Utilities
kevinn@cctexas.com
(361) 826-1874
Jeff H. Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Ordinance authorizing Change Order No. 19 with PLW Cadagua Partners of The Woodlands,
Texas, for several additional scope items to O.N Stevens Water Treatment Plant High Service
Building No. 3 in the amount of $549,603.44, located in City Council District 1, for a total contract
value not to exceed $23,336,407.53 and amending the FY 2020 Capital Improvement Program
budget.
SUMMARY:
This Change Order addresses several necessary additional scope items at O.N. Stevens Water
Treatment Plant (ONSWTP) High Service Pump Building No. 3.
BACKGROUND AND FINDINGS:
In August 2016, City Council awarded a construction contract to PLW Cadagua Partners of The
Woodlands, Texas in an amount of $21,650,000 to build the new High Service Building No. 3 and
associated improvements. Since then, 18 change orders have been processed that have
extended the construction timeline and budget and as such this project needs to be added to the
FY 2020 Capital Improvement Program budget to account for additional expenditures.
This project base bid scope included replacement of the existing High Service Pump Bldg. No.1
at the ONSWTP that is beyond its useful service life. The existing High Service Pump Bldg. No.1
was placed into service over 60 years ago and is experiencing severe deterioration impacting
reliability and capacity. It does not comply with the Texas Commission on Environmental Quality
Construction Change Order
O.N. Stevens Water Treatment Plant High Service Building No. 3
(Bond 2018 Proposition 1 & 2)
(TCEQ) approved Alternate Capacity Requirement plan and future demands. The existing High
Service Pump Bldg. No.1 will be abandoned in place and a new 12,700 square foot High Service
Pump Building No. 3 with six (6) new horizontal split-case pumps, motors, piping and valves,
electrical, controls and associated site improvements will be constructed. In addition the project
base bid scope included the replacement of four (4) existing tilting disc check valves (TDCVs)
and all existing Multilin Motor protection relays (MRP) at High Service Building No. 2 in order to
provide consistency and facilitate maintenance between both High Service No. 2 and the Hig h
Service No. 3 Pump Stations.
The new High Service Pump Building No. 3 is currently under construction and once completed
it will have the capability to deliver treated water to the distribution system from the existing
clearwell No. 1, clearwell No. 2 and future programmed clearwell No. 3. In addition, it will enable
the City to decommission High Service Pump Building No. 1.
During construction it was determined that the design drawings did not provide all the information
required to successfully install the conduit bodies in support of the pumps/motors or the control
wiring for the generators. As a result, new conduit bodies were purchased and installed to support
the pumps/motors and additional conduit and conductors were purchased and installed to support
the generator. In addition, there are four new scope items that were requested by the Utility
Department during construction with the major item being the addition of the chemical injection
and sample station improvements. After construction started it became evident that a section of
the treatment train needed to be diverted to a nearby junction box to ensure there was no loss of
service for the water plant operations. To perform this, the contractor had to stop their critical
path activities on Clearwell No. 1 and start on the required chemical injection and sample station
improvements.
A summary of the additional cost and days included in the Change Order are shown in Table 1
below. Additional details can be found in the supporting documents.
Table 1. Change Order No. 19 Summary
COST
PROPOSAL
DESCRIPTION AMOUNT REQUESTED
DAYS
REASON
FOR
CHANGE
#22 Retrofit Electrical Parts on
Pumps and Motors
$24,389.59 18 Design
Oversight
#28 Additional Conduit and
Conductors Required for
Generator
$34,102.63 0 Design
Oversight
#31 Asphalt Repairs, Pump
Paint Finish, & Cage
Ladder
$27,668.98 18 Owner
Request
#32 Chemical Injection and
Sample Station
Improvements
$52,562.32 30 Owner
Request
#33 Additional Chemical
Injection and Sample
Station Improvements
$357,011.84 60 Owner
Request
#34 Delay in Work at Clearwell
No. 1
$53,868.10 60 Owner
Request
PROPOSAL TOTAL $549,603.44 186
* Work is complete or partially complete on these items. A staff-approvable change order will need
to be executed to pay for this work if council does not approve the agenda item.
This Change Order authorizes PLW Cadagua Partners, who is currently mobilized at the water
treatment plant to continue construction of the new High Service Building No. 3 up to the additional
proposed contract amount. If approved the addition of the 186 calendar days will extend the
anticipated construction substantial completion date from September 2020 to March 2021.
PROJECT TIMELINE WITH CHANGE ORDER:
2020 2021
J J A S O N D J F M
Construction
The above construction project timeline reflects City Council approval in July 2020. Change Order
No. 19 will authorize the addition of 186 calendar days to the construction contract which will
extend the anticipated construction substantial completion date from September 2020 to March
2021.
ALTERNATIVES:
As an alternative to approving this Change Order the City could pursue a new stand-alone
construction contract(s). This process would likely result in additional construction cost due to
inflation and mobilization. It would also result in delays to implementation of construction items
required to achieve a fully operable High Service Building No. 3.
FISCAL IMPACT:
The fiscal impact in FY 2020 is an amount of $549,603.44 to be funded through the FY 2020 CIP
budget. This will result in the additional expenditure of a total amount not to exceed
$23,336,407.53 for the contract.
Funding Detail:
These funds are coming from the various fund balances of other FY 2019 Water CIP project
cost savings and will be distributed to this project
Fund: Water 2019 CIP Fund (Fund #4098)
Mission Elem: Treat Water (ME#062)
Project No.: O.N. Stevens Water Treatment Plant Bldg. #3 (Project No. E11066)
Account: Construction (Acct #550910)
Activity: E11066-01-4098-EXP
Amount: $549,603.44
RECOMMENDATION:
Staff recommends approval of Change Order No. 19 in the amount of $549,603.44, with PLW
Cadagua Partners, to construct the new High Service Pump Building No. 3 at the O.N. Stevens
Water Treatment Plant. Construction is anticipated to be substantially completed in March 2021.
LIST OF SUPPORTING DOCUMENTS:
Location & Vicinity Maps
Change Order No. 19
Change Order No. 19 Summary
Ordinance
Ordinance authorizing Change Order No. 19 with PLW Cadagua Partners of The
Woodlands, Texas, for several additional scope items to O.N Stevens Water
Treatment Plant High Service Building No. 3 in the amount of $549,603.44, located
in City Council District 1, for a total contract value not to exceed $23,336,407.53
and amending the FY 2020 Capital Improvement Program budget.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Fiscal Year 2020 Capital Improvement Program Budget adopted by
Ordinance 031870 is amended to add project and increase the budget in the amount of
$549,603.44, for the O.N. Stevens Water Treatment Plant High Service Pump Building
No. 3 project #E11066.
SECTION 2. Change Order No. 19 to the O.N. Stevens Water Treatment Plant High
Service Pump Building No. 3 project with PLW Cadagua Partners of The Woodlands,
Texas in the amount of $549,603.44 is authorized.
SECTION 3. The City Manager or his authorized designee is authorized to execute
Change Order No. 19 for the O.N. Stevens Water Treatment Plant High Service Pump
Building No. 3 Project with PLW Cadagua Partners of the Woodlands, Texas in the
amount referenced herein.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________ 2020, by the following vote:
Joe McComb ____________ Michael Hunter ____________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
That the foregoing ordinance was read for the second time and passed finally on this
the _______ day of ___________ 2020, by the following vote:
Joe McComb ____________ Michael Hunter ____________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
PASSED AND APPROVED on this the _______ day of ___________ 2020.
ATTEST:
________________________________ _________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
37
77
37
37 181
77
PROJECT LOCATION
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
ONSWTP HIGH SERVICE
BUILDING No.3
(CHANGE ORDER No. 19)
LOCATION MAP
NOT TO SCALE Project: E11066
PROJECT LOCATION
PROJECT LOCATION
VICINITY MAP
NOT TO SCALE
37
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
ONSWTP HIGH SERVICE
BUILDING No.3
(CHANGE ORDER No. 19)
AERIAL MAP
NOT TO SCALE PROJECT: E11066
PROJECT LOCATION
LEOPARD ST.US 7
7
IH 35
CHANGE ORDER NO:19 (COUNCIL)CHANGE ORDER DATE:
PROJECT:ONSWTP High Service Bldg. #3 PROJECT NUMBER:
CONTRACTOR:PLW Cadagua Partners ORIGINAL CONTRACT TIME:1065 CD's
ENGINEER:LNV, Inc.
ADDITIONS Quantity Unit Unit Price
Additional Scope
RFP. 22 Rev. 4 (06/23/20)Retrofit of Electrical Parts on Pumps & Motors 1 LS $ 24,389.59
Additional Days: Scope Change 18 DAYS $ -
RFP. 28 Rev. 4 (06/23/20)Addition of conduit & conductors for generator per Cummins 1 LS $ 34,102.63
Additional Days: Scope Change 0 DAYS $ -
RFP. 31 Rev. 1 (01/21/20)HS#3 Punch List Request 1 LS $ 27,668.98
Additional Days: Scope Change 18 DAYS $ -
RFP. 32 Rev. 1 (01/21/20)Chemical Injection & Sample Station Improvements 1 LS $ 52,562.32
Additional Days: Scope Change 30 DAYS $ -
RFP. 33 Rev. 3 (06/23/20)Additional - Chemical Injection & Sample Station Improvements 1 LS $ 357,011.84
Additional Days: Scope Change 60 DAYS $ -
RFP. 34 (01/07/20)Clearwell #1 Repairs 1 LS $ 53,868.10
Additional Days: Scope Change 60 DAYS $ -
Additions Total:
DELETIONS
none
1 n/a 0 LS $ -
Deletions Total:
Additional Calendar Days requested 186
NET TOTAL OF THIS CHANGE ORDER:
RFP 22)
RFP 28)
RFP 31)
RFP 32)
RFP 33)
RFP 34)
Original Contract Amount
Total Change Order Contingency Amount (25%)
Remaining Available Contingency Amount (including this CO)
Previously Approved Change Order Amount
Proposed Change Order Amount
Revised Contract Amount
Percent of Total Change Orders (including this CO)
Original Contract Time for Substantial Completion CD's
Notice to Proceed Date
Original Substantial Completion Date
Previously Approved Change Order Time CD's
Additional Time on This Change Order CD's
Revised Contract Time for Substantial Completion CD's
Revised Substantial Completion Date
$ 549,603.44
$ -
$ -
$ -
$ 24,389.59
$ 34,102.63
$ 27,668.98
$ 52,562.32
Make the following additions, modifications or deletions to the work described in the Contract Documents:
$ -
Total
CITY OF CORPUS CHRISTI
ENGINEERING SERVICES
CHANGE ORDER
6/23/2020
E11066
After construction it was determined that some additional scope items were needed to keep the plant operating during construction. This scope of work includes installation of two (2)
foundations and associated drain lines to accommodate future sample stations and relocating the post injection LAS and chlorine points for Plant 1 treatment train. The relocation of LAS and
chlorine injection points were requested to allow operations to divert Plant 1 flow to nearby junction box that feeds to Clearwell 2 which will bypass Clearwell 1 while providing adequate post
injection whilst ensuring optimum water quality.
After construction it was determined that some additional scope items were needed to keep the plant operating during construction. This scope of work is related to Cost Proposal No. 32 and
includes the installation of two (2) sample stations, which includes pumps, analyzers, and all electrical work required to provide a functioning system. The new sample stations will assist the
plant operations with maintaining adequate injection ratios and ensuring optimum water quality during CW1 rehabilitation and after the decommissioning of HS#1.
$ -
$ -
$ -
$ -
During construction it was determined that the design required the incorrect conduit bodies. This scope includes the replacement of conduit bodies installed on the pumps to match in-kind
throughout.
$ 357,011.84
$ 53,868.10
10/3/2016
$ 549,603.44
Why was this Change necessary:
The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known,
unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result
of this Change Order.
$ 21,650,000.00
$ 5,412,500.00
$ 3,726,092.47
$ 1,136,804.09
$ 549,603.44
$ 23,336,407.53
7.79%
1065
After construction started it was identified that the design for the generator control wiring was incomplete. Additional conduit and conductors were necessary to provide a complete
system. This scope includes installation of additional conduit and conductors necessary to complete the generator installation.
After construction it was determined that some additional scope items were needed. This scope of work includes repairs to existing pavement, painting the pumps to match the piping system,
and modifications to the cage ladder penetration through the ceiling that leads to the mezzanine.
This scope of work accounts for the project delay resulting from the Clearwell 1 rehabilitation work being postponed, allowing for the High Service #2 pumps to be rehabilitated and put back
in operation prior to the High Service #1 pumps being decommissioned. By doing this it ensured the plant was running at full pumping capacity throughout construction.
9/3/2019
376
186
1627
3/18/2021
Page 1 of 2
CHANGE ORDER NO:19 (COUNCIL)CHANGE ORDER DATE:
PROJECT:ONSWTP High Service Bldg. #3 PROJECT NUMBER:
CONTRACTOR:PLW Cadagua Partners ORIGINAL CONTRACT TIME:1065 CD's
ENGINEER:LNV, Inc.
CITY OF CORPUS CHRISTI
ENGINEERING SERVICES
CHANGE ORDER
6/23/2020
E11066
REVIEWED BY:LNV, Inc.REQUESTED BY:PLW Cadagua Partners
Engineer Date Emilio Lopez Pacetti Date
Vice President
FUND:
RECOMMENDED BY:ACCOUNT:
Brett Van Hazel Date ACTIVITY:
Construction Engineer AMOUNT:
RECOMMENDED BY:APPROVED BY:
Date Michael Rodriguez Date
Director of Engineering Services Chief of Staff
RECOMMENDED BY:
Eddie Houlihan, Director Date Kent Mcilyar Date
Management and Budget Assistant City Attorney
$549,603.44 n/a
APPROVED AS TO
FORM:
CITY OF CORPUS CHRISTI
Jeffrey Edmonds, P.E.
n/a
4098-062 n/a
550910 n/a
E11066-01-4098-EXP n/a
Page 2 of 2
CHANGE ORDER NO. 19 SUMMARY SUPPORTING DOCUMENTATION
Project: E11066 Rev. 5: 6/25/2020
Legistar No.: 20-0733
PM: Lj Francis, P.E.
O.N. Stevens Water Treatment Plant High Service Building No. 3
City Project No. E11066
CHANGE ORDER NO. 19 SUMMARY TABLE
COST
PROPOSAL
TITLE AMOUNT REQUESTED
DAYS
REASON
FOR
CHANGE
#22 Retrofit Electrical Parts on Pumps
and Motors
$24,389.59 18 Design
Oversight
#28 Additional Conduit and Conductors
Required for Generator
$34,102.63 0 Design
Oversight
#31 Asphalt Repairs, Pump Paint
Finish, & Cage Ladder
$27,668.98 18 Owner
Request
#32 Chemical Injection and Sample
Station Improvements
$52,562.32 30 Owner
Request
#33 Additional Chemical Injection and
Sample Station Improvements
$357,011.84 60 Owner
Request
#34 Delay in W ork at Clearwell No. 1 $53,868.10 60 Owner
Request
PROPOSAL TOTAL $549,603.44 186
COST PROPOSAL DESCRIPTIONS
Cost Proposal No. 22:
Retrofit of Electrical Parts on Pumps and Motors
Amount: $24,389.59
Additional Calendar Days Requested: 18
This scope includes the replacement of conduit bodies installed on the pumps to match in-kind
throughout.
Cost Proposal No. 28
Additional Conduit and Conductors Required for Generator
Amount: $34,102.63
Additional Calendar Days Requested: 0
CHANGE ORDER NO. 19 SUMMARY SUPPORTING DOCUMENTATION
Project: E11066 Rev. 5: 6/25/2020
Legistar No.: 20-0733
PM: Lj Francis, P.E.
After construction started it was identified that the design for the generator control wiring was
incomplete. Additional conduit and conductors were necessary to provide a complete system.
This scope includes installation of additional conduit and conductors necessary to complete the
generator installation.
Cost Proposal No. 31
Asphalt Repairs, Pump Paint Finish, & Cage Ladder
Amount: $27,668.98
Additional Calendar Days Requested: 18
This scope of work includes repairs to existing pavement, painting the pumps to match the piping
system, and modifications to the cage ladder penetration through the ceiling that leads to the
mezzanine.
Cost Proposal No. 32
Chemical Injection and Sample Station Improvements
Amount: $52,562.32
Additional Calendar Days Requested: 30
This scope of work includes installation of two (2) foundations and associated drain lines to
accommodate future sample stations and relocating the post injection LAS and chlorine points for
Plant 1 treatment train. The relocation of LAS and chlorine injection points were requested to
allow operations to divert Plant 1 flow to nearby junction box that feeds to Clearwell 2 which will
bypass Clearwell 1 while providing adequate post injection whilst ensuring optimum water
quality.
Cost Proposal No. 33
Additional Chemical Injection and Sample Station Improvements
Amount: $357,011.84
Additional Calendar Days Requested: 60
This scope of work includes the installation of two (2) sample stations, which includes pumps,
analyzers, and all electrical work required to provide a functioning system. The new sample
stations will assist the plant operations with maintaining adequate injection ratios and ensuring
optimum water quality during CW1 rehabilitation and after the decommissioning of HS#1.
Cost Proposal No. 34
Delay in work at Clearwell No. 1
Amount: $53,868.10
Additional Calendar Days Requested: 60
CHANGE ORDER NO. 19 SUMMARY SUPPORTING DOCUMENTATION
Project: E11066 Rev. 5: 6/25/2020
Legistar No.: 20-0733
PM: Lj Francis, P.E.
This scope of work accounts for the project delay resulting from the Clearwell 1 rehabilitation
work being postponed allowing for the High Service #2 pumps to be rehabilitated and put back in
operation prior to the High Service #1 pumps being decommissioned. By doing this it ensured the
plant was running at full pumping capacity throughout construction.
PROJECT NAME E11066 - ONSWTP High Service Pump Bldg No. 3
CONTRACTOR PLW Cadagua BID DATE:6/6/2016
ENGINEER LNV Engineering AWARD DATE:8/16/2016
INSPECTOR Jim Boyle PRE-CON DATE:9/22/2016
PROJECT MANAGER Larijai "LJ" Francis NTP DATE:10/3/2016
TESTING LAB Rock Engineering & Testing ORIGINAL CONTRACT COMPLETION:9/3/2019
ORIGINAL CONTRACT $21,650,000.00 REVISED COMPLETION DATE:6/11/2020
ORIGINAL TIME 1065 ACTUAL COMPLETION DATE:In Progress
Change Orders CO Executed Amount Percent Change Days Added
1 6/26/2017 56,843.92$ 0.26%2
2 7/21/2017 34,442.14$ 0.42%0
3 8/9/2017 55,881.50$ 0.68%5
4 8/9/2017 66,948.00$ 0.99%15
5 11/9/2017 (35,600.00)$ 0.82%0
6 1/18/2018 7,433.70$ 0.86%0
7 4/18/2018 182,629.43$ 1.70%30
8 2/5/2018 13,236.25$ 1.76%10
9 6/4/2018 26,742.18$ 1.89%10
10 6/4/2018 41,221.06$ 2.08%10
11 6/4/2018 41,714.07$ 2.27%5
12 12/7/2018 300,000.00$ 3.66%90
13 10/8/2018 41,654.41$ 3.85%30
14 10/15/2018 221,650.09$ 4.87%0
15 11/9/2018 16,500.03$ 4.95%30
16 2/20/2019 37,659.92$ 5.12%30
17 3/14/2019 27,847.39$ 5.25%15
18 -$ 5.25%
19 5.25%
1,136,804.09$ 282
22,786,804.09$ 1347
Back to CIP Master Revised Contract Total Revised Contract Days
Pay Estimate No.Executed Date Work Done % of Budget Days Charged % Days Charged
1 12/30/2016 1,390,411.56$ 6.10%58 4.31%
2 1/20/2017 151,700.00$ 6.77%31 6.61%
3 2/14/2017 90,190.66$ 7.16%31 8.91%
4 3/8/2017 511,750.00$ 9.41%28 10.99%
5 4/28/2017 913,447.78$ 13.42%31 13.29%
6 5/19/2017 439,550.00$ 15.35%30 15.52%
7 6/23/2017 700,073.28$ 18.42%31 17.82%
8 7/26/2017 221,378.56$ 19.39%30 20.04%
9 8/28/2017 529,617.14$ 21.71%31 22.35%July
10 9/22/2017 974,038.86$ 25.99%31 24.65%August
11 10/24/2017 808,002.00$ 29.54%30 26.87%September
12 11/20/2017 1,525,900.00$ 36.23%31 29.18%October
13 12/12/2017 954,760.00$ 40.42%30 31.40%November
14 1/11/2018 1,883,363.00$ 48.69%31 33.70%December
15 2/15/2018 2,429,620.00$ 59.35%31 36.01%January
16 3/20/2018 1,821,724.00$ 67.34%28 38.08%February
17 4/13/2018 1,571,750.00$ 74.24%31 40.39%March
18 5/24/2018 1,238,780.00$ 79.68%30 42.61%April
19 7/2/2018 950,490.60$ 83.85%31 44.91%May
20 7/23/2018 506,433.24$ 86.07%30 47.14%June
21 8/24/2018 246,331.47$ 87.15%31 49.44%July
22 9/19/2018 153,544.21$ 87.83%31 51.74%August
23 10/17/2018 82,530.00$ 88.19%30 53.97%September
24 11/21/2018 43,623.56$ 88.38%31 56.27%October
25 12/19/2018 150,387.25$ 89.04%30 58.50%November
CHANGE ORDER TOTAL:
CHANGE ORDERS
PAY ESTIMATES
26 1/25/2019 165,667.57$ 89.77%31 60.80%December
27 2/26/2019 110,685.63$ 90.25%31 63.10%January
28 4/3/2019 70,355.68$ 90.56%28 65.18%February
29 4/24/2019 116,532.35$ 91.07%31 67.48%March
30 5/22/2019 129,597.39$ 91.64%30 69.71%April
31 6/26/2019 91,650.23$ 92.04%31 72.01%May
32 7/23/2019 212,526.93$ 92.98%30 74.24%June
33 9/5/2019 225,672.30$ 93.97%31 76.54%July
34 10/8/2019 48,746.70$ 94.18%31 78.84%August
35 10/24/2019 131,186.77$ 94.76%30 81.07%September
36 12/11/2019 50,835.48$ 94.98%31 83.37%October
37 12/31/2020 23,000.00$ 95.08%30 85.60%November
38 3/30/2020 18,100.00$ 95.16%91 92.35%Dec. - Feb.
39 5/28/2020 202,809.54$ 96.05%31 94.65%
40 96.05%94.65%
TOTAL WORK DONE:21,886,763.74$ 96.05%1275
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of July 14, 2020
Second Reading Ordinance for the City Council Meeting of July 21, 2020
______________________________________________________________________
DATE: June 30, 2020
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, Director of Finance and Business Analysis
HeatherH3@cctexas.com
(361) 826-3227
CAPTION:
Ordinance accepting and appropriating $3,592,094.00 in the City of Corpus Christi’s
Emergency Management Grants Fund as a partial disbursement from the Coronavirus
Relief Fund, established by the CARES Act and provided through the Texas
Department of Emergency Management, for prevention, preparation for, and response
to the COVID-19 pandemic
SUMMARY:
The City of Corpus Christi received a 20% allocation from the Coronavirus Aid, Relief,
and Economic Security Act (“CARES Act”) for Coronavirus Relief Funds (CRF). This
agenda item is needed to appropriate the funds so that they can be expended. The
remaining 80% (or $14,368,376) will be received on a reimbursement basis and an
additional appropriation will be brought to City Council for approval once a spending
plan is formalized.
BACKGROUND AND FINDINGS:
The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150
billion to this Fund. Under the CARES Act, the CRF is to be used to make payments for
specific uses to states and certain local governments. The CARES Act provides that
payments from the Fund may only be used to cover costs that:
1. are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19);
2. were not accounted for in the budget most recently approved as of March 27,
2020 (the date of enactment of the CARES Act) for the State or government);
Ordinance Appropriating Coronavirus Relief Funds
and
3. were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020.
Expenses that qualify under these criteria are then categorized into six expense
categories:
1. Medical Expenses
2. Public Health Expenses
3. Payroll Expenses for employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency
4. Expenses of action to facilitate compliance with COVID -19 related public health
measures
5. Expenses associated to the provision of economic support in connection with the
COVID-19 public health emergency
6. Any other COVID-19 related expenses reasonably necessary to the function of
the government that satisfy the Fund’s eligibility criteria
The State of Texas included regulations requiring that up to 100% of the funding can be
used for categories 1-3 but only up to 25% can be used for categories 4-6.
Cities with a population of less than 500,000 located in a county with a population of
less than 500,000 were allocated funds for CRF from the CARES Act based on a per
capita basis at $55 per person. This equates to a total distribution of up to $17,960,470
for Corpus Christi (326,554 population x $55 per person). County allocations were
calculated based on the population in the unincorporated areas of the county. Nueces
County has been allocated up to $830,665 (15,103 x $55 per person). The federal
guidance encourages cities and counties to work together to address expenses that
cross jurisdictional lines.
City staff applied for the initial 20% allocation from the Texas Department of Emergency
Management (TDEM) in late May and received the funds in June. Staff is currently
working with the Health District and other City departments to identify allowable
expenses that have been incurred to date and to develop a plan of action to utilize the
available funds. City staff will work with Nueces County to identify potential
opportunities to reimburse Nueces County for their allowable COVID-19 related costs, in
excess of their $830,665 federal allocation.
ALTERNATIVES:
An alternative would be to not take advantage of the federal funding provided.
FISCAL IMPACT:
The City will reimburse existing COVID-19 related expenditures with these funds and
will create an action plan to ensure all funds are utilized appropriately. The entire
appropriation for the City of Corpus Christi of $17,960,470 will be recorded in a grant
fund (Fund 1063 Emergency Management Grant Fund) and managed accordingly to
comply with all federal requirements.
FUNDING DETAIL:
Fund: 1063 Emergency Management Grant Fund
Organization/Activity: 690001F CARES Act CRF Grant
Mission Element: n/a
Project # (CIP Only): n/a
Cost: $3,592,094
RECOMMENDATION:
Staff recommends approval of the ordinance to accept and appropriate $3,592,094 of
Coronavirus Relief Funds in the City’s grant fund.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Coronavirus Relief Fund - Terms and Conditions
Ordinance accepting and appropriating $3,592,094.00 in the City of Corpus
Christi’s Emergency Management Grants Fund as a partial disbursement
from the Coronavirus Relief Fund, established by the CARES Act and
provided through the Texas Department of Emergency Management, for
prevention, preparation for, and response to the COVID-19 pandemic.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
A partial grant disbursement in the amount of $3,592,094.00 from the Coronavirus Relief Fund,
established by the CARES Act and provided through the Texas Department of Emergency
Management, is accepted and appropriated in the No. 1063 Emergency Management Grants
Fund for expenditures related to prevention, preparation for, and response to the COVID-19
pandemic.
The foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb _____________ Michael Hunter _____________
Roland Barrera _____________ Ben Molina _____________
Rudy Garza _____________ Everett Roy _____________
Paulette M. Guajardo _____________ Greg Smith _____________
Gil Hernandez _____________
The foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb _____________ Michael Hunter _____________
Roland Barrera _____________ Ben Molina _____________
Rudy Garza _____________ Everett Roy _____________
Paulette M. Guajardo _____________ Greg Smith _____________
Gil Hernandez _____________
PASSED AND APPROVED on this the ______ day of _________________, 2020
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
P a g e 1 | 23
CORONAVIRUS RELIEF FUND (CRF)
TERMS AND CONDITIONS
TEXAS DIVISION OF EMERGENCY MANAGEMENT
MAY 11, 2020
P a g e 2 | 23
About This Document
In this document, grantees will find the terms and conditions applicable to payments distributed in the
form of grants to local units of governments from the Coronavirus Relief Fund established within section
601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act (“CARES Act”).
These requirements are in addition to those that can be found within the Grant Management System
(GMS), to which grantees agreed to when accepting the grant. Other state and federal requirements and
conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas
Government Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of
Public Accounts; the state Funding Announcement or Solicitation under which the grant application was
made; and any applicable documents referenced in the documents listed above.
To the extent the terms and conditions of this grant agreement do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair
meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement
and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or
conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the
grant agreement.
P a g e 3 | 23
Table of Contents
About This Document ............................................................................................................................... 2
1 Grant Agreement Requirements and Conditions ...................................................................................... 5
1.1 Applicability of Grant Agreement and Provisions ......................................................................... 5
1.2 Legal Authority to Apply ............................................................................................................... 5
1.3 Grant Acceptance .......................................................................................................................... 5
1.4 Project Period................................................................................................................................ 5
1.5 General Responsibility .................................................................................................................. 5
1.6 Amendments and Changes to the Grant Agreement ................................................................... 6
1.7 Jurisdictional Cooperation ............................................................................................................ 7
1.8 Public Information and Meetings ................................................................................................. 7
1.9 Remedies for Non-Compliance ..................................................................................................... 7
1.10 False Statements by Grantee ........................................................................................................ 8
1.11 Conflict of Interest Safeguards...................................................................................................... 8
1.12 Fraud, Waste, and Abuse .............................................................................................................. 8
1.13 Termination of the Agreement ..................................................................................................... 9
1.14 Limitation of Liability..................................................................................................................... 9
1.15 Dispute Resolution ...................................................................................................................... 10
1.16 Liability for Taxes ........................................................................................................................ 10
1.17 Required State Assurances ......................................................................................................... 10
1.18 System for Award Management (SAM) Requirements............................................................... 10
1.19 No Obligation by Federal Government ....................................................................................... 11
1.20 Notice .......................................................................................................................................... 11
1.21 Force Majeure ............................................................................................................................. 11
1.22 Debt to State ............................................................................................................................... 11
1.23 Franchise Tax Certification .......................................................................................................... 11
1.24 Severability .................................................................................................................................. 12
1.25 E-Verify ........................................................................................................................................ 12
1.26 Compliance with Federal Law, Regulations, and Executive Orders ............................................ 12
1.27 Clean Air Act ................................................................................................................................ 12
1.28 Federal Water Pollution Control Act ........................................................................................... 12
1.29 Suspension and Debarment ........................................................................................................ 12
1.30 Energy Conservation ................................................................................................................... 13
1.31 Procurement of Recovered Materials ......................................................................................... 13
1.32 Terminated Contracts ................................................................................................................. 13
2 Property and Procurement Requirements .............................................................................................. 13
2.1 Property Management and Inventory ........................................................................................ 13
2.2 Consulting Contracts ................................................................................................................... 14
2.3 Procurement Practices and Policies ............................................................................................ 14
2.4 Contract Provisions Under Federal Awards ................................................................................ 14
3 Audit and Records Requirements ............................................................................................................ 14
3.1 Cooperation with Monitoring, Audits, and Records Requirements ........................................... 14
3.2 Single Audit Requirements.......................................................................................................... 15
3.3 Requirement to Address Audit Findings ..................................................................................... 15
P a g e 4 | 23
3.4 Records Retention ....................................................................................................................... 15
4 Prohibited and Regulated Activities and Expenditures ........................................................................... 16
4.1 Prohibited Costs .......................................................................................................................... 16
4.2 Political Activities ........................................................................................................................ 16
5 Financial Requirements............................................................................................................................ 17
5.1 Direct Deposit ............................................................................................................................. 17
5.2 Payments and Required Documentation .................................................................................... 17
5.3 Financial Reporting ..................................................................................................................... 17
5.4 Reimbursements ......................................................................................................................... 18
5.5 Refunds and Deductions ............................................................................................................. 18
5.6 Recapture of Funds ..................................................................................................................... 18
5.7 Liquidation Period ....................................................................................................................... 18
5.8 Project Close Out ........................................................................................................................ 18
EXHIBIT A - State of Texas Assurances ............................................................................................................. 19
EXHIBIT B – CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION ......................................... 21
EXHIBIT C - CERTIFICATION REGARDING LOBBYING ........................................................................................ 22
P a g e 5 | 23
1 Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is subject to the additional terms, conditions, and requirements of other laws, rules,
regulations and plans recited herein and is intended to be the full and complete expression of and
constitutes the entire agreement between the parties hereto with respect to the subject matter hereof
and all prior and contemporaneous understandings, agreements, promises, representations, terms and
conditions, both oral and written, are superseded and replaced by this Grant Agreement.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, cooperation and provision of additional information, return of grant
funds, audit rights, records retention, public information, and any other provision implying survivability
shall remain in effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar
action has been or will be duly adopted or passed as an official act of the applicant’s governing body,
authorizing the filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative, or their designee of the
organization to act in connection with the application and to provide such additional information as may
be required.
1.3 Grant Acceptance
The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant
Agreement is received by the Texas Division of Emergency Management (TDEM).
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30,
2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award.
All expenditures must be incurred, and all services must be received within the performance period. TDEM
will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred
when the responsible unit of government has expended funds to cover the cost.
1.5 General Responsibility
Per the CARES Act, CRF grant funds may only be used to cover expenses that –
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the
state or government; and
3. were incurred during the period that begins on March 1, 2020 and ends on December 30,
2020.
The US Department of Treasury (Treasury) provided additional guidance on the permissible use of grant
funds, including nonexclusive examples of eligible expenses in the following categories:
1. Medical expenses,
2. Public health expenses,
P a g e 6 | 23
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency,
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures,
5. Expenses associated with the provision of economic support in connection with the COVID-
19 public health emergency, and
6. Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Fund’s eligibility criteria.
Further explanation of these categories and examples can be found at the following link:
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-
and-Tribal-Governments.pdf
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-Questions.pdf
The subrecipient agrees that a minimum of 75% of its allotment will be spent in the categories of medical
expenses, public health expenses and payroll expenses for employees substantially dedicated to mitigating
or responding to the public emergency. The remainder of the allotment may be spent in any of the categories
provided within the Treasury guidance.
The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief
Fund Eligibility Certification Form in Exhibit E, which is attached hereto and incorporated for all purposes.
The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project;
accountability for all funds awarded; and compliance with TDEM administrative rules, policies and
procedures, and applicable federal and state laws and regulations.
The grantee will maintain an appropriate grant administration system to ensure that all term s, conditions
and specifications of the grant are met.
1.6 Amendments and Changes to the Grant Agreement
TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not
limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or
categories changing funds in any awarded cost items or category, deobligating awarded funds or changing
grant officials.
The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that
any act, action or representation by either Party, their agents or employees that purports to waive or alter
the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written
amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that
nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of
the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award.
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS
to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties
hereto, that changes in local, state and federal rules, regulations or laws applicable hereto, may occur during
the term of this Grant Agreement and that any such changes shall be automatically incorporated into this
Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective
date of the rule, regulation or law.
P a g e 7 | 23
1.7 Jurisdictional Cooperation
A municipality may yield any portion of its allocated funds to the county within which it exists or a county
may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses. This
may be accomplished in one of the following ways:
1. By a grant amendment, as described in section 1.6, where by funds are deobligated from the original
subrecipient and then added to previously un-awarded costs items or categories of the receiving
jurisdiction’s grant award.
2. A subrecipient may use funds pursuant to this agreement to subcontract with another political
subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public
health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and
maintaining all required documentation.
1.8 Public Information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that
the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas
Government Code Chapter 552 (the “PIA”). The grantee acknowledges that TDEM will comply with the
PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA,
whether created or produced by the grantee or any third party, and the grantee agrees that information
not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by
the public at no additional charge to TDEM or State of Texas. The grantee will cooperate with TDEM in the
production of documents or information responsive to a request for information.
1.9 Remedies for Non-Compliance
If TDEM determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a
notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions
including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by TDEM;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating this grant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by TDEM until repayment to TDEM is made and any other compliance or audit finding
is satisfactorily resolved;
7. Reducing the grant award maximum liability of TDEM;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
P a g e 8 | 23
10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this grant
are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or
subsequently.
TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.10 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties,
guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will
comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall
submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties, guarantees,
certifications or affirmations included in this grant agreement, then TDEM may consider this act a possible
default under this grant agreement and may terminate or void this grant agreement for cause and pursue
other remedies available to TDEM under this grant agreement and applicable law. False statements or
claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from
participating in federal grants or contract, and/or other remedy available by law, potentially including the
provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and
statements made.
1.11 Conflict of Interest Safeguards
The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,
whether for themselves or others, particularly those with whom they have family, business, or other ties.
The grantee will operate with complete independence and objectivity without actual, potential, or apparent
conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to
its own organization, that to the best of their knowledge and belief, no member of The A&M System or The
A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by
a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement,
or in the services to which this Grant Agreement relates, or in any of the profits, real or potential, thereof.
1.12 Fraud, Waste, and Abuse
The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds
received from TDEM. TDEM’s policy is to promote consistent, legal, and ethical organizational behavior,
by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM
policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The
grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal and state grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds
received from TDEM that is made against the grantee, the grantee is required to immediately notify TDEM
of said allegation or finding and to continue to inform TDEM of the status of any such on-going
investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal,
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employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for
award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds.
Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft,
embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant
requirements. Grantees must notify the local prosecutor's office of any possible criminal violations.
Grantees must immediately notify TDEM in writing if a project or project personnel become involved in
any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand,
notices, subpoenas, lawsuits, or indictments to TDEM.
1.13 Termination of the Agreement
TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination, and if no effective
date is specified, the effective date will be the date of the notification.
TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will
determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed
grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided
in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and
2 C.F.R. 200.338 – 200.342. Following termination by TDEM, grantee shall continue to be obligated to
TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In
the event of termination under this Section, TDEM's obligation to reimburse grantee is limited to allowable
costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs
determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the
grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not
release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated
to survive any such termination or expiration.
1.14 Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND AGENCY, AND/OR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM
ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT
AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT
AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver
by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the
State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that TDEM
or the State of Texas may have by operation of law.
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1.15 Dispute Resolution
The Parties’ representatives will meet as needed to implement the terms of this Grant Agreement and will
make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or
approved in writing by TDEM, the grantee shall continue performance and shall not be excused from
performance during the period any breach of Grant Agreement claim or dispute is pending.
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to
attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the
ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this
Chapter to the Chief of TDEM, who shall examine the grantee’s claim and any counterclaim and negotiate
with grantee in an effort to resolve the claim.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this
Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue
for any grantee-initiated action, suit, litigation or other proceeding arising out of or in any way relating to
this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States
District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit,
litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be
commenced in a Texas state district court or a United States District Court selected by TDEM in its sole
discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation. The grantee hereby waives
and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any
claim that the grantee is not personally subject to the jurisdiction of the above-named courts; the suit, action
or proceeding is brought in an inconvenient forum; and/or the venue is improper.
1.16 Liability for Taxes
The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely
responsible for the liability and payment of grantee’s and grantee’s employees’ taxes of whatever kind,
arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and
federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'
compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or
others for the payment of taxes or the provision of unemployment insurance and/or workers’ compensation
or any benefit available to a state employee or employee of TDEM.
1.17 Required State Assurances
The grantee must comply with the applicable State Assurances included within the State Uniform Grant
Management Standards (UGMS), Section III, Subpart B, _.14, which are attached hereto and incorporated
for all purposes as Exhibit A.
1.18 System for Award Management (SAM) Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government-wide system officially designated by OMB
and, if applicable, the federal funding agency). These requirements include maintaining current
registrations and the currency of the information in SAM. The grantee will review and update
information at least annually until submission of the final financial report required under the award or
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receipt of final payment, whichever is later, as required by 2 CFR Part 25.
B. The grantee will comply with Executive Orders 12549 and 12689 that requires “a contract award (see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System
for Award Management (SAM)”, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority. The grantee certifies it will verify each vendor’s status to ensure the vendor is not debarred,
suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing
business with that vendor.
C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and
have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,
state or local governmental entity and the grantee is in compliance with the State of Texas statutes
and rules relating to procurement and that the grantee is not listed in the federal government’s
terrorism watch list as described in Executive Order 13224.
1.19 No Obligation by Federal Government
The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement
and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to
any matter resulting from this Grant Agreement.
1.20 Notice
Notice may be given to the grantee via GMS, email, hand-delivery, or United States Mail. Notices to the
grantee will be sent to the name and address supplied by grantee in GMS.
1.21 Force Majeure
Neither the grantee nor TDEM shall be required to perform any obligation under this Grant Agreement or be
liable or responsible for any loss or damage resulting from its failure to perform so long as performance is
delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages,
embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or
interruption of utilities from external causes. Each Party must inform the other in writing, with proof of
receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right
as a defense.
1.22 Debt to State
The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent
taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by
the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent
taxes are paid in full.
1.23 Franchise Tax Certification
If grantee is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then grantee
certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that grantee is
exempt from the payment of franchise (margin) taxes.
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1.24 Severability
If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid
or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for
whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as
modified, enforceable, and the remainder of this Grant Agreement and the application of such provision
to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent
permitted by applicable law.
1.25 E-Verify
By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to
utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e-Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties within
Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant
Agreement.
1.26 Compliance with Federal Law, Regulations, and Executive Orders
Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement.
Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
1.27 Clean Air Act
The following is only applicable if the amount of the contract exceeds $150,000.
a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.28 Federal Water Pollution Control Act
a. Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.29 Suspension and Debarment
a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt.
3000. Grantee certifies that grantee, grantee’s principals (defined at 2C.F.R. Sec. 180.995), or its
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affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or
disqualified (defined at 2 C.F.R. Sec. 180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement comply with these regulations in any lower tier covered transaction it
enters into.
c. This certification is a material representation of fact relied upon by TDEM. If it is later determined
that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to
remedies available to TDEM, the Federal Government may pursue available remedies, including
but limited to suspension and/or debarment.
1.30 Energy Conservation
If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
1.31 Procurement of Recovered Materials
a. In the performance of this Grant Agreement, grantee shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired –
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is available at
EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
1.32 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for
noncompliance with policies or regulations of any state or federally funded program within the past five (5)
years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have
such a terminated contract, the grantee shall identify the contract and provide an explanation for the
termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld
or return of grant funds required if this certification is inaccurate or false.
2 Property and Procurement Requirements
2.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and
as approved by TDEM. The grantee must develop and implement a control system to prevent loss, damage
or theft of property and investigate and document any loss, damage or theft of property funded under
this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from
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the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property
trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the
grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the federal
awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR
200.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per-unit cost of $5,000 or greater. The equipment and inventory procedures
include:
A. The grantee must keep an inventory report on file containing equipment purchased with any grant
funds during the grant period. The inventory report must agree with the approved grant budget
and the final Financial Status Report and shall be available to TDEM at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description
of the property, a serial number or other identification number, the source of property, who holds
title, the acquisition date, the cost of the property, the percentage of Federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price of the property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to
the equipment Exceptions to this requirement are limited to items where placing of the marking
is not possible due to the nature of the equipment.
2.2 Consulting Contracts
Pre-approval of costs related to consulting contracts is required and the value of consulting contracts
entered into by the grantee may not exceed 5% of the total funds received by the local unit of government.
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in
regulations governing federal awards to non-federal entities, their established policy, and best practices for
procuring goods or services with grant funds. Procurement activities must follow the most restrictive of
federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of
services or goods.
2.4 Contract Provisions Under Federal Awards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
3 Audit and Records Requirements
3.1 Cooperation with Monitoring, Audits, and Records Requirements
All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits
conducted by the United States Department of Treasury’s Inspector General (DOTIG), TDEM, and the State
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Auditor’s Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that
enable DOTIG, TDEM, and SAO to ensure proper accounting for all costs and performances related to this
Grant Agreement.
3.2 Single Audit Requirements
Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit
Requirements in 2 CFR, Part 200, Subpart F – Audit Requirements, at https://www.ecfr.gov/cgi-bin/text-
idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements
in the Texas Single Audit Circular, at https://comptroller.texas.gov/purchasing/docs/ugms.pdf.The audit
must be completed and the data collection and reporting package described in 2 CFR 200.512 must be
submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, whichever is earlier.
3.3 Requirement to Address Audit Findings
If any audit, monitoring, investigations, review of awards, or other compliance review reveals any
discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain
compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations
hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such
discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.
The grantee's corrective action plan is subject to the approval of TDEM.
The grantee understands and agrees that the grantee must make every effort to address and resolve all
outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action
plan or any other corrective plan. Failure to promptly and adequately address these findings may result in
grant funds being withheld, other related requirements being imposed, or other sanctions and penalties.
The grantee agrees to complete any corrective action approved by TDEM within the time period specified
by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to
TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or
other compliance activity for which the grantee is responsible.
3.4 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of
grant funds, reporting measures, and funds received from TDEM under this Grant Agreement. Audit
trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared
by the grantee to permit an audit of its accounting systems and payment verification with respect to
the expenditure of any funds awarded under this Grant Agreement.
B. The grantee must maintain fiscal records and supporting documentation for all expenditures
resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law.
1. The grantee must retain these records and any supporting documentation for a minimum of
seven (7) years from the later of the completion of this project's public objective, submission of
the final expenditure report, any litigation, dispute, or audit.
2. Records related to real property and equipment acquired with grant funds shall be retained for
seven (7) years after final disposition.
3. TDEM may direct a grantee to retain documents for longer periods of time or to transfer certain
records to TDEM or federal custody when it is determined that the records possess long term
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retention value.
4 Prohibited and Regulated Activities and Expenditures
4.1 Prohibited Costs
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant
funds. In accordance with Section 3.1 all record and expenditures are subject to review.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under any other
federal program.
E. Reimbursement to donors for donated items or services.
F. Workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
4.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed by
grant funds:
A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for, endorsing,
contributing to, or otherwise supporting political candidates or parties; and voter registration or
get-out-the-vote campaigns. Generally, organizations or entities which receive federal funds by
way of grants, contracts, or cooperative agreements do not lose their rights as organizations to
use their own, private, non-federal resources for “political” activities because of or as a
consequence of receiving such federal funds. These recipient organizations must thus use private
or other non-federal money, receipts, contributions, or dues for their political activities, and may
not charge off to or be reimbursed from federal contracts or grants for the costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit the
use of a program administered by the grantee agency of which the person is an officer or employee
to interfere with or affect the result of an election or nomination of a candidate or to achieve any
other political purpose.
C. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or political
organization for a political purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee,
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or
employee of the agency, membership dues to an organization that pays part or all of the salary of
P a g e 17 | 23
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
E. As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which
provides that none of the funds provided under an award may be expended by the grantee to pay
any person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer of employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal. Grantee shall file the
required certification attached hereto and incorporated for all purposes as Exhibit F. Each
contracting tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
5 Financial Requirements
5.1 Direct Deposit
A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any
payments. The direct deposit form is currently available at https://grants.tdem.texas.gov/.
5.2 Payments and Required Documentation
Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief, and Economic Security
Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate protective measures
for and recovery from the public health emergency in areas affected by COVID-19, which are Presidentially-
declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in
accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, grantee
acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to
Section 5.7 below.
Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement
(RFR) in GMS.
Grantee may initiate an Advance of Funds Request (AFR) through GMS for an initial cash advance to cover
actual costs incurred or up to 20% of their total allocation, whichever is larger.
Additional advances or reimbursement requests may be requested following full reporting to TDEM of
expenses incurred and applied against the initial and/or any subsequent advance payments.
If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet
financial reporting obligations, TDEM may implement sanctions as necessary up to and including grant
termination.
All documentation for expenditures paid during the project period must be submitted to TDEM on or
before the grant liquidation date.
5.3 Financial Reporting
Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more
often as necessary to draw down funds.
The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant
funds may lapse and TDEM will provide them as grants to other eligible jurisdictions.
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5.4 Reimbursements
TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay
unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this Grant Agreement.
5.5 Refunds and Deductions
If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an
overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the
receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM.
Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas
78761.
5.6 Recapture of Funds
The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM
shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any
payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that
are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
5.7 Liquidation Period
Grant funds will liquidate 90 calendar days following the project period end date or on December 30, 2020,
whichever is earlier. Funds not obligated by the end of the grant period and not expended by the
liquidation date will revert to TDEM.
5.8 Project Close Out
TDEM will close-out the grant award when it determines that all applicable administrative actions and all
required work of the grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award.
The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and
that are not authorized to be retained by the grantee for use in other projects.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS]
DATE: July 13, 2020
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
STAFF PRESENTER(S):
Name Title/Position Department
1. Jeff H. Edmonds, P. E. Director Engineering Services
BACKGROUND:
The City of Corpus Christi has biennially approved and implemented two-year General Obligation
Bond programs that consist of citywide infrastructure projects that are approved by voters.
It has been anticipated that this cycle would continue with Bond 2020. In recent months, staff has
developed a project list from needs identified, in part, in the City’s 10-year Capital Improvement
Plan. Staff is recommending projects utilizing the following guiding principles:
• Investment in Major Corridors: Support street infrastructure improvements that focus on
arterial and collector streets.
• Project Continuation: Complete ongoing phased or designed infrastructure projects from
previous Bond Programs and the City’s Street Preventative Maintenance Program.
• Increase Connectivity: Improve connectivity between existing commercial areas and
neighborhoods, schools, streets, sidewalks, bike facilities, drainage systems or other
networks.
• Increase Road Capacity for High Growth Areas: Expand roadways to accommodate
current and future growth.
• Leverage Match Projects: Fund projects that provide significant return on investment of City
dollars with leveraged financial match from private sector resources.
• Enhance Functionality of Recreational Areas: Improve regional and neighborhood parks
Bond 2020 Program Workshop
AGENDA MEMORANDUM
City Council Meeting of July 21, 2020
and pools to promote recreational activities.
• Major Signature Park Projects as opposed to Maintenance Projects: Invest in major City
regional parks by funding large impactful new or replacement amenities as opposed to doing
small scale low budgeted maintenance projects.
• Improve Public Safety Facilities: Improve public safety by addressing major public safety
facilities that have been neglected for decades. Provide adequate infrastructure and facilities
to maintain public safety services.
City staff has finalized recommendations for the Bond 2020 Program. The proposed budget for
the Bond 2020 Program is $115 million. The Bond 2020 will not require a City property tax rate
increase. City staff is proposing $72 million be allocated to Streets projects, $23 million to Parks
projects, and $20 million to be allocated to Public Safety projects.
The Bond 2020 Program presentation will include Operations and Maintenance (O&M) cost
impact analysis. These recurring cost impacts have been developed for projects and will be
presented for the first time as part of a Bond program. The O&M cost is not included in the Bond
2020 Program but will be funded through the future annual operating budget process.
This briefing and public hearing will provide a presentation of the overall Bond 2020 program and
will provide the Bond schedule/timeline, the proposed budget, and final staff recommended
proposed projects.
The next step in the proposed schedule includes City Council adoption of projects for inclusion in
the Bond Program. This vote is planned for Tuesday, July 28. Additionally, City Council will
consider a one reading ordinance to call for the election. This reading and subsequent action is
scheduled for Tuesday, August 11.
The Bond 2020 Program will be on the election ballot in separate propositions in accordance with
legal requirements. Voters will be asked to consider each of the propositions separately on
November 3, 2020.
LIST OF SUPPORTING DOCUMENTS:
Bond 2020 Program Presentation