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HomeMy WebLinkAboutC2011-414 - 11/8/2011 - ApprovedCITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY ", and LNV Inc., hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Broadway Wastewater Treatment Plant Effluent Line Rehabilitation Project No. E10003), as authorized and amended by: Original A/E Agreement March 10, 2010 1 Administrative Approval 1 $ 43,816.00 Exhibit "A " . SECTION 1. SCOPE OF SERVICES PART A. BASIC SERVICES and PART B. ADDITIONAL SERVICES, shall be amended as shown in Exhibit A. • In the original contract, EXHIBIT "A ", SUMMARY OF FEES shall be modified and is attached as Amendment No. 1 Exhibit "A" for a revised fee not to exceed $245,158.00 (Two Hundred Forty Five Thousand One Hundred Fifty Eight Dollars and zero cents), for a total restated fee not to exceed $ 288,974.00 Two Hundred Eighty Eight Thousand Nine Hundred Seventy Four Dollars and zero cents). All other terms and conditions of March 10, 2010 contract between the City and Consultant will remain in full force and effect. CITY OF COPUS CHRIST %/ Juan Perales Jr., P.E Date Assistant City Mana er RECOMEND io Pete Anaya, P.E. Date Director of Engineering Services Foster Crowell, Date Director of Wastewater Services ATTEST Armando Chapa, City Secretary ; APPROVED AS TO FORM Project Number: E10003 = Funding Source: 550950 -4502 -00000 - 190130 +.. A44„rnmw Date Encumbrance Number: E10003ALN 2011 -414 11/05/11 1V12011 -249 ?%E10003 BROADWAY WWiP EFFLUENT LINE REHABSAMENDMENT NO. N LNV, Inc. INDEXED LNV, Inc. , P.E. A Date 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883 -1984 Office; (361) 883 -1986 Fax ...,...... �........ �, ............ .. ... fi' L.,,,,. WRETARv ENT ERED LNV engineers I architects I contractors Solutions Today with a Vision for Tomorrow September 28, 2011 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 -9277 Re: AMENDMENT NO. 'I TO PROFESSIONAL SERVICES CONTRACT BROADWAY WWTP EFFLUENT LINE REHABILITATION (PROJECT NO. E10003) Dear Mr. Anaya: In response to City request, we are proposing the following AIE contract for additional services associated with the Broadway WWTP Effluent Line Rehabilitation (City Project No. E10003). This scope involves basic and additional services, including the design, bidding, construction, topo survey, ROW acquisition, construction observation, start -up and warranty phase services for the above referenced project. The preliminary design phase services have been previously completed and will not be included as a part of this contract. The City of Corpus Christi, Texas, hereinafter called "City ", and LNV, Inc. hereinafter called "Engineer ", agree to the following Contract for Additional Services associated with the above referenced task. Project Description: The purpose of this project is to restore the structural stability of the existing effluent pipeline and to maintain the same outfall location as is currently identified in the City's discharge permit. This project includes the rehabilitation of approximately 1,300 linear feet of existing 42 -inch concrete flex joint effluent line and the installation of approximately 2,640 linear feet of new 42 -inch line parallel to the Salt Flats Drainage Ditch from the New Broadway Wastewater Treatment Plant (NBWWTP) to the Port of Corpus Christi ship channel. The rehabilitation will consist of sliplining a 36 -inch line (HDPE, FRP, or PVC) through the existing line and grout filling the annular space. In addition, the project will include concrete lining improvements to the Salt Flats Ditch, a new concrete outfall structure, and demolition of existing riser pipes and junction boxes. Other tasks include topo survey along the new route, preparation of easement instruments for land acquisition, construction observation during the full 32 week construction period, and warranty and start-up services. AMD. NO. 1 EXHIBIT "A" Page 1 of 11 Scope of Services: The Scope of Services for this contract is comprised of the following tasks: A. Basic Services 1. Preliminary Phase (Previously completed under separate contract) 2. Design Phase. a. Project Management /Administration 1) General project management consisting of daily oversight of project work, correspondence with City staff, and in -house quality assurance and quality control 2) Engineer will plan and conduct one (1) technical project meeting with City staff per month to discuss, clarify, and coordinate issues that may arise. 3) Engineer will plan and conduct one (1) project update meeting with City staff per month to keep City staff up to date on the project. 4) Engineer will complete monthly project status reports in the City's standard format outlining work completed, work in progress, and work anticipated in the upcoming months. 5) Engineer will coordinate the construction of this effluent line with the New Broadway Wastewater Treatment Plant project 6) Provide Estimate of Probable Construction Cost 7) Provide updated project schedules b. 60%, Pre -Final and Final Design Drawings and Contract Documents Upon receiving written authorization to proceed with the Design Phase, Engineer will prepare the Pre -Final set of contract documents including drawings and specifications for the City's review. These documents will provide the general scope and extent of the work to be performed by the contractor. The drawings will comprise of all civil and structural improvements. All drawings will be submitted in 22 "x34" or 11"x`17" reduced scale format. This may include but will not be limited to: 1) Title Sheet and Drawing Index 2) Project Layout 3) General Notes, Legend, and Construction Sequencing 4) 42" Rehab Plan and Profile 5) 42" Plan and Profile 6) Proposed Effluent Outfall Structure 7) Salt Flats Ditch Channel Improvements 8) Demolition of Existing Structures AMD. NO. 1 EXHIBIT "A" Page 2of11 9) City of Corpus Christi Standard Specifications and Contract Documents 10) Technical Specifications Upon receiving the City's comments on the draft submittals, the Engineer will incorporate and address each of the comments as necessary into the next set of plans. The City will have a 2 week City review period and the Engineer will have 3 weeks to address the comments and resubmit for review. Design Phase Deliverables: • Monthly Project Status Reports • Updated project estimates and schedules • One (1) hard copy each of the Pre -Final and Final Design Construction Documents • One (1) electronic copy each of the Pre -Final and Final Design Construction Documents The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. C. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. a. Project Management/Administration 1 } General project management consisting of daily oversight of project work, correspondence with City staff, and in -house quality assurance and quality control 2) Engineer will complete monthly project status reports in the City's standard format outlining work completed, work in progress, and work anticipated in the upcoming months. 3) Contact prospective bidders regarding the project scope b. Bidding 1) Pre -Bid Conference — Engineer will attend and participate in the pre -bid conference and provide information and/or clarifications as needed to aid in interpreting or expanding the contract documents. 2) Addenda — Engineer will prepare and issue addenda as required to clarify the contract documents. 3) Bid Opening - Engineer will attend the bid opening and will assist the City in tabulating of all bids received on the AMD. NO. 1 EXHIBIT "A" Page 3 of 11 project. In addition, Engineer will consult with the City and review the qualifications provided by the low bidder as to the acceptability of the contractor. Engineer will provide a letter of recommendation to the City on which contractor should be awarded the project. 4) Attend Council meeting to provide any needed clarifications or information helpful in awarding the project The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Project Management/Administration 1) General project management consisting of daily oversight of project work, correspondence with City staff, and in -house quality assurance and quality control 2) Engineer will plan and conduct one (1) project Update meeting with City Wastewater Department, Construction Services, and Contractor per month to keep City staff up to date on the project. 3) Attend monthly construction meetings with the Wastewater Dept, Construction Services, and Contractor for the duration of construction (5 months) 4) Engineer will complete monthly project status reports in the City's standard format outlining work completed, work in progress, and work anticipated in the upcoming months. b. Participate in Pre - construction Meeting Engineer will attend one (1) pre- construction meeting to discuss project schedule, review construction procedures, establish party contacts, discuss project goals, and to answer contractor questions. AMD. NO. 1 EXHIBIT "A" Page 4 of 11 C. Site Visits Engineer will perform regular site visits (at least 2 per month) throughout the duration of the project to determine in general if the work is being performed in accordance with the plans and specifications, to observe construction progress and quality of the work, and to resolve any unusual issues that may arise. Engineer will keep City staff informed on the work's progress. It is anticipated that the total project will take approximately nine (9) months to complete construction and therefore a total of eighteen (18) site visits are proposed. d. RFIs, Submittals, Pay Requests and Change Orders Engineer will issue necessary interpretations and clarifications of the Contract Documents, Plans and/or Specifications as necessary and based on input from the project inspector and the Engineer's site visit observations, each application for payment will be reviewed to determine the amount owed to the Contractor. Engineer will review and approve shop drawings and equipment submittals which the Contractor is required to submit for conformance and compliance with the Contract Documents. Engineer will prepare any work directive changes and change order documents as required. e. Final Review of Project Conformance Engineer will conduct a site visit to determine if the work is substantially complete and a final inspection to confirm overall project conformance and to determine if the completed work is acceptable. Engineer will give written notice to the Contractor and to the City. f. Record Drawings Engineer will prepare a set of Record Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by the Contractor to the Engineer. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. AMD. NO. 1 EXHIBIT "A" Page 6 of 11 B. Additional Services Allowances 1. Permitting (TBD) 2. Right -of -Way (ROW) Acquisition Survey a. The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. b. A/E Consultant will perform all necessary deed research. A/E will collect and review all available information on location and ownership of property, easements, and right of ways associated or within the project limits. Survey crew will perform the required boundary surveys of all properties effected. The engineer will then prepare the required metes and bounds documents needed for the land acquisition process on the five (5) parcels of land along the proposed route identified in the preliminary design process. The owners of said parcels have currently been identified as the Port of Corpus Christi, Citgo Refinery, Missouri Pacific Railroad, and AEP (or private owner). 3. Topographic Survey a. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points along the revised route and along the Salt Flats Ditch Channel. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Environmental Issues (TBD) AMD. NO. 1 EXHIBIT "A" Page 6 of 11 5. Construction Observation a. Provide a project representative (PR) to provide periodic construction inspection. 1. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. b. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. AMD. NO. 1 EXHIBIT "A" Page 7of11 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist AIE in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and AIE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to AIE and the City. AMD. NO. 1 EXHIBIT "A" Page 8 of 11 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. Start -up Services a. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. b. AIE will organize and host a meeting with the City and Contractor to coordinate placing new effluent line in service and taking the existing effluent line out of service. 7. Warranty Phase a. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. AMD. NO. 1 EXHIBIT "A" Page 9 of 11 Project Schedule: DATE DAY ACTIVITY September 5, 2011 Monday Begin Design & ROW Acquisition Phases November 4, 2011 Friday 60% Interim Submittal & Submit Land Acquisition Documents November 18, 2011 Friday City Review December 30, 2011 Friday Pre -Final Submittal January 13, 2011 Friday City Review February 17, 2011 Friday Final Submittal June 4, 2099 Monday "Complete Land Acquisition Estimated June 11 & 18, 2012 Monday 2 Advertise for Bids June 20, 2012 Wednesday Pre -Bid Conference June 27, 2012 Wednesday Receive Bids September 26, 2012 Wednesday Begin Construction (32 weeks May 8, 2013 Weekday Construction Completion Fees: A. Fee for Basic and Additional Services Authorized. The City will pay the Engineer a lump sum fee not to exceed $245,158.00 for provided services specified in this contract. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Engineer will submit monthly statements for basic services rendered. Each statement will be based on the project percent completion at the time of billing. City will make prompt monthly payments in response to Engineer's monthly statements. AMD. NO. 1 EXHIBIT "A" Page 10 of 11 B. Summary of fees. See below. I 03110/10 Admin Approval Please feel free to contact me, should you have any questions. Sincerely, LNV, INC TBPE Wr Dan ndecker, P.E. Psesid AMD. NO. 1 EXHIBIT "A" Page 11 of 11 ORIGINAL CONTRACT AMEND. NO. 1 TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $0.00 $0.00 2 Design Phase 43,816.00 94,670.00 138,486.00 3 Bid Phase 0.00 9,844.00 9,844.00 4 Construction Phase 0.00 35,552.00 35,552.00 Subtotal Basic Services 43,816.00 140,066.00 183,882.00 ADDITIONAL SERVICES 1 Permit Preparation (TBD) 0.00 0.00 0.00 2 ROW A uisition Survey 0.00 19,768.00 19,768.00 3 Topographic Survey 0.00 6,056.00 6,056.00 4 Environmental Issues (TBD) 0.00 0.00 0.00 5 Construction Observation Services 85 weeks 0.00 67,200.00 67,200.00 6 Start-Up Services 0.00 8,352.00 8,352.00 7 lWarrantv Phase 0.00 3,716.00 3,716.00 Subtotal Additional Services 0.00 105,092.001 105,092.00 TOTAL AUTHORIZED FEE $43,816.00 $245,158.00 $288,974.00 I 03110/10 Admin Approval Please feel free to contact me, should you have any questions. Sincerely, LNV, INC TBPE Wr Dan ndecker, P.E. Psesid AMD. NO. 1 EXHIBIT "A" Page 11 of 11 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired -- Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500, 000 JAGEN VELMAPIFORMSINEWFORMSIAE LARGEW EXHIBIT B -OCT 2010,DOCX EXHIBIT "B" Pa e 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall 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: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826-4555 G. 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: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. JAGEN VELMAPIFORMSSNEWFORMSSAE LARGEI4 EXHIBIT B - OCT 2010.00CX EXHIBIT " B " Pa e2of3 H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. 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 stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. JAGEN VELMARFORMSINEWFORMSVIE LARGEW EXHIBIT B -OCT 2010.DOCX EXHIBIT "B" Page 3 of 3