HomeMy WebLinkAboutC2016-200 - 5/26/2016 - NA CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
AMENDMENT NO. 1
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized
City Manager or Designee (Director of Engineering Services)and Centerline Right of Way
Services, LLC, a Texas corporation, 5938 Crooked Creek Drive, Corpus Christi, Nueces
County, Texas 78414, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Property and Land Acquisition Staff Augmentation and Administrative Support
Services (Project No. E16239) — Centerline Right of Way Services, LLC will provide full
services to City and the Director of Engineering Services that support the fulfillment of the
duties and responsibilities required of the position of the Property & Land Acquisition
Manager, the Property& Land Acquisition Staff, the Department of Engineering Services,
Public Works & Utilities, and various City Departments as needed. Services include Bond
and Capital Improvement Projects that are currently in various stages of acquisition.
Services will be apportioned daily to various departments on a weekly time sheet and will
be invoiced to the City on a monthly basis. The range of services to be performed are
specified in Exhibit "A".
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit"A". In addition, Consultant will provide monthly status updates (project progress
or delays presented with monthly invoices)and provide contract administration services, as
described in Exhibit "A", to complete the Project. Work will not begin on Additional
Services until requested by the Consultant (provide breakdown of costs, schedules), and
written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant agrees to begin work on those authorized Basic Services for this contract
upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will
not begin on any phase or any Additional Services until requested in writing by the
Consultant and written authorization is provided by the Director of Engineering Services.
The anticipated schedule of the preliminary phase, design phase, bid phase, and
construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all
additional time that may be required for review by the City staff and may be amended by or
with the concurrence of the Director of Engineering Services.
The Director of Engineering Services may direct the Consultant to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks requiring
2016-200 11e mutually agreed and evidenced in writing as an amendment to
5/26/16
Contract for Professional Services
Centerline Rii ht of WaY Services Page 1 of 5
b \ENGINEERING SERVICES DEPARTMENT\E16239 PROPERTY LAND ACQ MANAGER SONNY GARZA\AMENDMENT NO�N DEXEC
ERVICES.DOC
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this contract. Consultant shall notify the City of Corpus Christi within three (3) days of
notice if tasks requested requires an additional fee.
4. FEE
The City will pay the Consultant a fee as described in Exhibit "A" for providing services
authorized, a total fee not to exceed $12,000.00, for a total restated fee of $49,500.00.
Monthly invoices will be submitted in accordance with Exhibit "B".
The City's Project Manager from the Operating Department is responsible for assigning
tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is
required to submit a detailed and approved hourly breakdown with their monthly invoice
paperwork to the City for payment.
5. INDEMNITY
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, 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.
6. INSURANCE
See Exhibit "C".
Contract for Professional Services
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1\AMENDMENT NO.1 CENTERLINE ROW SERVICES.DOC
7. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the Consultant at the address of record. In this event, the Consultant will
be compensated for its services on all stages authorized based upon Consultant and City's
estimate of the proportion of the total services actually completed at the time of
termination.
8. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy.
9. ASSIGNABILITY
The Consultant will not assign, transfer or delegate any of its obligations or duties in this
contract to any other person without the prior written consent of the City, except for routine
duties delegated to personnel of the Consultant staff. If the Consultant is a partnership,
then in the event of the termination of the partnership, this contract will inure to the
individual benefit of such partner or partners as the City may designate. No part of the
Consultant fee may be assigned in advance of receipt by the Consultant without written
consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
10.OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be
used again by the Consultant without the express written consent of the Director of
Engineering Services. However, the Consultant may use standard details that are not
specific to this project. 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.
11.STANDARD OF CARE
Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects
practicing in the same or similar locality and under the same or similar circumstances and
professional license; and performed as expeditiously as is prudent considering the ordinary
professional skill and care of a competent engineer or architect.
12.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.
Contract for Professional Services
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1WMENDMENT NO.1 CENTERLINE ROW SERVICES.DOC
13.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 contract, if required. For more
information, please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
14.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.
15.ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either
oral or written. This Agreement may be amended only by written instrument signed by both
the City and Consultant. 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.
16.CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant-
prepared Exhibit A, Consultant's Scope of Services, or contained in any other document
prepared by Consultant and included herein, is in conflict with this Agreement, this
Agreement shall take precedence and control to resolve said conflict.
Contract for Professional Services
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K\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\E16239 PROPERTY LAND ACO MANAGER SONNY GARZA\AMENDMENT NO.
1\AMENDMENT NO.1 CENTERLINE ROW SERVICES.DOC
CITY OF CORPUS CHRISTI CENTERLINE RIGHT OF WAY
SERVICES, LLC
q);pjlti:_) • R_„6-4 51/467/6,
Margie C. Rose, Date Eusebio (Sonny) r , III Date
Acting City Manager 5938 Crooked Creek Drive
L l/� _ 2 �/ Corpus Chisti, TX 78414
`'v �S ,6 (361) 992 6497 Office
RE *MM- N B .' (361) 813-6572
II 5 ""�� c,n
"t/ I
V. rie H. Gray, P.: . Date
Ex.- utive Dire tor of Public orks
APPROVED AS TO LE. AL FORM
z il; .
L y,.I Department ' Date
Property and Land Acquisition Staff Augmentation and Administrative Support Services
(Project No. E16239)
Accounting Unit: 5310-011
Account: 53. 0000
Activity: E16239 01 5310 EXP
Account Category: 30000
Fund Name: Engineering Fund
Amendment No. 1 $12,000.00
Contract for Professional Services
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K.\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\E16239 PROPERTY LAND ACQ MANAGER SONNY GARZAIAMENDMENT NO.
1\AMENDMENT NO 1 CENTERLINE ROW SERVICES.DOC
CENTERLINE
Right of Way Services, LLC
5938 Crooked Creek Dr. 361.813.6572
Corpus Christi, Texas 78114 T1111: 81-131683 garza3@centerlinerows.rom
May 19, 2016
Valerie H. Gray, P.E.
Executive Director of Public Works
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Re: Department of Engineering Services
Staff Augmentation and Administrative Support Services Contract
Dear Ms. Gray:
My current contract with the Department of Engineering will expire the week of May 23rd,
2016. I would like to offer my continued service to the Director of Engineering Services, the
Property & Land Acquisition Manager, the Property & Land Acquisition staff, the Department
of Engineering Services, Public Works & Utilities, and various City departments as needed.
The range of services that I can provide are listed on the attached Scope of Services. I have
also included a list of projects that I am currently assisting with and which could use my
continued services. I will continue to apportion my services to the various projects and
departments on a weekly time sheet. Invoicing will be submitted at the end of the month.
I propose to continue my services by means of a contract amendment in an amount not to
exceed $12,000.00. The hourly fee will be $85.00 per hour based on a 20 to 30 hour work
week. Standard travel and per diem expenses will be billed at cost in the event there is work
requiring travel outside the City's ETJ limits. I am available to provide these services
beginning on May 30, 2016 or thereafter. I will continue to carry Commercial Liability
Insurance and Auto Liability Insurance in the limits required on the initial contract.
If my proposal is acceptable to you, please include this letter in the contract as Exhibit A. If
you should have any questions, please feel free to contact me at 361.813.6572.
Sincerely,
Eusebio (Sonny) Garza
Project Manager
Centerline R.O.W. Service, LLC
Att:
AMEND. NO. 1
Scope of Services EXHIBIT "A"
Supported Project List Page 1 of 5
•
CENTERLINE Right of Way Services LLC
Scope of Services
Engineering Services:
• Provide estimated right of way costs and identify acquisition problems to design
consultants tasked with design of proposed City project. Assist with route
selection of utility projects and site selection of proposed infrastructure.
• Oversee the complete acquisition process of all project parcels required using
assigned staff and resources.
• Solicit proposals from appraisers, title companies, and other professional service
providers required for acquisition of project parcels.
• Review appraisal reports received for acquisition and obtain any corrections to
reports.
• Draft City Council Agenda ordinances, motions, and resolutions pertaining to
land acquisition and property management. Assist management staff with
attendance at agenda presentations and addressing Council questions.
• Represent the City in all eminent domain proceedings. Assist Legal Department
with drafting petition for condemnation, fact finding, selection of expert witnesses,
drafting of resolutions needed for eminent domain, preparing appeals, and
acquiring final judgment to acquire title.
• Handle public and inter-departmental inquiries regarding City property and right
of way.
• Process and negotiate right of way requests on City property including private
pipelines, electrical transmission easements, cell antenna leases, and right of
entry permits.
• Perform extensive deed, easement, and ordinance research on City owned and
private property as requested by City departments and managers.
• Negotiate Revocable Easements granted to private pipelines crossing city lands.
Negotiate fees and draft agenda item for approval by City Council.
Development Services (DS):
• Provide fair market value of utility easement and street closures, Use Privilege
Agreements, Right of Way licenses and permits issued by DS.
• Attend Developer Pre-plat meetings to discuss easement and right of way issues.
• Provide assistance on Pipeline License matters.
• Research City owned easements and street right of ways for platting use.
• Assist in reviewing and correcting easement dedications to the City prior to
signature by Executive Director of Public Works.
• Provide document review and quality control to DS for use of City right of ways.
AMEND. NO. 1
Facilities & Property Management (FPM): EXHIBIT"A"
• Administer the various City leases including commercial, agricultural, Page 2 of 5
communications (cell towers), governmental (General Land Office, TCEQ, Port of
CC, US Govt.), recreational (Lake CC KOA) and non-profits. Responsible for
renewals, communications, calculation of new rents based on CPI, negotiating
terms, and notices of non-payment/eviction.
•
• Coordinate with Accounts Payable to insure receipt of annual lease rents.
• Lead role in surplus property sales through sealed bids. Training of FPM
property manager in sales/auction process and disposal of property.
• Prepare market values of City property through the appraisal process. Acquire
market sales data for use in valuation. Establish opening bids for sales
purposes.
• Provide title research on various City owned property for use in surplus sales.
Park & Recreation Department:
• Assist the Park & Recreation managers in the use and sale of repurposed park
property approved by City Council.
• Assist with selection of real estate brokers through RFPs for contract award for
sale of parks.
• Facilitate temporary leases of park lands for construction yard use by City
contractors.
• Partake in meetings pertaining to new park acquisition and proposed grant
projects requiring right of way.
Legal Department:
• Assist the Legal Department with location and collection of various ordinances
and title documents used to draft interlocal agreements, contracts, and other
legal instruments.
• Assist Legal with questions on various matters pertaining to past engineering
projects and agreements.
Housing & Community Development:
• Assist with acquisition and sale of property for use in City Infill Housing and
Incentive Program (IHIP).
• Address taxing entities (County, School, Del Mar) for release of any tax liens and
sale of lots to the City for Affordable Housing Program.
• Assist with Tax Notices sent to the City regarding CCHFC property and removing
balances due.
• Assist with sale of the surplus assets (Ward Building, Brooks Chapel bldg.) and
drafting contract containing terms of sale.
Intergovernmental Affairs:
• Assist with sale and trade of City lands to US Government (Navy) needed for
Clear Zone areas.
• Acquisition of new clear zones using Military Loan Value funding source.
• Address new House Bills and legislation that affect land acquisition processes
and filing of required registrations.
Risk Management:
• Assist with obtaining valuations and appraisals of property in connection with
claims and lawsuits against the City.
• Assist Litigation attorneys in gathering property information, documentation, due
diligence study (photos, surveys) used in claim resolution. AMEND. N0. 1
• Provide property information for RM to be used in determining amounts of EXHIBIT«A»
casualty insurance and coverage for City buildings. Page 3 of 5
Other Services:
• Right of Way Negotiation and Acquisition
• Property Management and Relocation
• Certified Real Estate Appraiser, License No. TX-1327966-R, 1998
• Eminent Domain, Expert Witness and Damage Resolution
• Notary Public
PROPOSED ALLOCATION OF SERVICES (PER WEEK):
Allocation of Weekly Time Hrs. per Weekly % of Total
(40 Work Week) day Hours Hours
1 Engineering Services 5 25 62.5%
2 Development Services 0.5 2.5 6.3%
3 Facilities & Property Management 1 5 12.5%
4 Park & Recreation 0.25 1.25 3.1%
5 Legal 0.25 1.25 3.1%
6 Housing & Community Development 0.5 2.5 6.3%
7 Intergovernmental Affairs 0.25 1.25 3.1%
8 Risk Management .
0.25 1.25 3.1%
Total ' 8 40 100%
AEXHMEND. NO.IBIT"A"1
Page 4 of 5
Property Land Acquisition Division
Staff Augmentation for Current Projects Pending Activities
Project No. Current Project Participation Bond Year ';%Complete Pending Acquisitions
1 E13092 Ayers Street-Alameda to Ocean Drive 2014', 50 Right of Way(1)
2 E13091 Corona Drive- Flynn Parkway to Everhart 2014 25 Right of Way(2)
3 E15122 Creekview Drive Extension 2014{ 25 Right of Way(1)
41 E15109 Ennis Joslin Extension- Holly to Williams s 2014 25 Right of Way(1)
51 6470 Holly Road-SH386 to Greenwood 2012I 95 Right of Way(2)
6I E10008 Mary Rhodes Pipeline, Ph 2. 2012 99 Easement acquisition,JCND (1)
71 E12093 Ocean Drive- Bufore to Louisiana _ 20141 95 Renewal of Temp Const Esmt(1)
81 E15112 Rodd Field Road Expansion 2014; 0 Right of Way(2)
9 6284 Traffic Congestion Management (Best Buy) 2008 66 Right of Way(1)
10 E15105 TxDOT Participation- New Harbor Bridge 2014', 50 Transfer& Relo.of City property
Project No. Pending Activities Pending Action
11 6470 Holly Road Project I Preparation for TxDOT audit of records
121 Park& Rec Park Sales Program Assist with contracts&closing process
13 Infield Housing Incentive Program (IHIP) I Prepare properties for sale to developers
141 E15105 TxDOT Participation- New Harbor Bridge Research of land rights for Option 1 decision
15' Williams Drainage Outfall City drainage rights research
16', E10054 Laguna Shores Rd Force Main Replacement Research City land rights to park for new LS
17 Property Management Lease administration and rent collections
AMEND. NO. 1
EXHIBIT"A"
F:\Centerline LLC\City Contract\Project List. Pending. Contract 2 Pa•e 5 of 5
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total
Contract Amd No. 1 Amd No. 2 Contract
Amount Previous
Invoiced Invoice
Total
Invoice
Percent
Complete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
500
0
250
750
0
0
0
0%
2,500
0
1,000
3,500
0
0
0
0%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
0
1,120
0
1,120
0
0
0
0%
0
0
1,627
1,627
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$2,000
$1,120
$1,627
$4,747
$500
$0
$500
11%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
2,000
1,120
1,627
4,747
500
0
500
11%
$8,000
$2,120
$2,877
$12,997
$1,250
$1,500
$3,000
23%
Sample form for:
Payment Request
Revised 07/27/00
•
EXHIBIT "C"
INSURANCE REQUIREMENTS
I. ADMINISTRATIVE CONSULTANT'S LIABILITY INSURANCE
A. Consultant must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs two(2) copies of
Certificates of Insurance 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 policy by endorsement, Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of
Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
Commercial General Liability including: $500,000 Per Occurrence
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) State of Texas Minimum Limits for
1. Owned personal or rental/leased autos.$35/$60/$25
2. Hired and Non-Owned
3. Rented/Leased
C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REOUIREMENTS
A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a
licensed insurance company.The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in an amount
sufficient to assure that all workers'compensation obligations incurred by the Consultant will be promptly
met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas.
B. 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.
EXHIBIT"C"
Ps I oft
C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the
address provided below within 10 days of any change made by the Consultant or as requested by the City.
Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall
be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O.Box 9277
Corpus Christi,TX 78469-9277
D. 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:
• List the City and its officers,officials,employees, and volunteers,as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers'compensation policy;
• 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;
• Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal,
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five(5)calendar days of a cancellation,non-renewal,material change or termination of coverage,
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.
F. 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.
G. 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 contract.
H. 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.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2016 Insurance Requirements
Capital Programs
Administrative Consulting Services
1/21/2016 ds Risk Management
EXHIBIT"C"
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