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"
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