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HomeMy WebLinkAboutC2016-352 - 7/28/2016 - NA r r ► • • I r1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 SCS Engineers, a Virginia corporation, 1901 Central Drive, Suite 550, Bedford, Texas 76021, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Cefe Valenzuela Landfill Gas Collection and Control System (GCCS) (Project No. E16289) -This project is for design and construction documents for a new GCCS to meet TCEQ/EPA regulation on greenhouse gases. The new GCCS must be operational by November 11, 2017 to avoid regulatory action against the City. The GCCS collects landfill gasses into a collection system with a flare combustion chamber to prevent them from escaping into the atmosphere. 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 an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 2016-352 7/28/16 SCS Engineers Contract for Professional Services Page 1 of 5 l WASTE\LANDFILL CEFE VALENZUELA\E16289 CEFE VALENZUELA LANDFILL GAS COLLECTION AND CONTROL SYSTEMWE AGItttmtr'i.uw I . 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 $40,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". 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 Consultant agrees to comply with the insurance requirements in Exhibit C. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. 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. Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E16289 CEFE VALENZUELA LANDFILL GAS COLLECTION AND CONTROL SYSTEM\AE AGREEMENT.DOC In the event of termination, 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, inspection reports 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 Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E16289 CEFE VALENZUELA LANDFILL GAS COLLECTION AND CONTROL SYSTEM\AE AGREEMENT.DOC 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. 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, signed, notarized 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. 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 Page 4 of 5 K.\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E16289 CEFE VALENZUELA LANDFILL GAS COLLECTION AND CONTROL SYSTEMAE AGREEMENT DOC CITY OF CORPUS CHRISTI IGINEERS ai l C•/ , 7284/(0 ‘ 0'A Margie C. Rose Date David Mezza appa, P.E. Date City Manager Vice President 1901 Central Drive, Suite 550 Bedford, Texas 76021 RECOMME D D (817) 571-2288 Office ,� r 7/2/1 7� (817) 571-2188 Fax Mark Van Vle,k, e As ' tanttCi .I •er r � l �� 7 tif�G rie H. a ay, •. E.'1 topDate E - utive Di -ch r of • b c Works APPRnvFn AS TO LEGAL FORM Digitally signed by Aimee Alcorn- Reed Date:2016.07.06 16:49:53-05'00' Legal Department Date Project No. E16289 Project Name Cefe Valenzuela Landfill Gas Collection and Control System (GCCS) Accounting Unit 1020-12506-033 Account 530000 Activity E16289 01 1020 Account Category 30000 Fund Name General Fund (Cefe Valenzuela Landfill Operating). Contract for Professional Services Page 5of5 K.ENGINEERING DATAEXCNANGEVELMAPISDUD WASTEILANDFILL CEFE VALENZUELA1E 1E289 CEFE VALENZUELA LANDFILL GAS COLLECTION AND CONTROL SYSTEM'AE AGREEMENT DDC • Solid Waste Management Consultants 1901 Central Drive 817 571-2288 and Contractors Suite 550 FAX 817 571-2188 Bedford. Texas 76021- 5872 www.scsengineers.com SCS ENGINEERS May 8, 2016 SCS Proposal No. 160016216 Mr. Ivan Luna (sent via email) Assistant Solid Waste Director City of Corpus Christi 2525 Hygeia Corpus Christi TX 78415 Subject: Cefe Valenzuela Landfill GCCS Final Design and Bid-Phase Services Corpus Christi, Texas Dear Ivan: SCS Engineers is pleased to present this proposal to the City of Corpus Christi for final design submittals, including construction plans, specifications, and bid documents, associated with an active landfill gas collection and control system (GCCS) at the Cefe Valenzuela Landfill. Bid- phase services are also included in this proposal. This GCCS is currently required to be fully constructed and operating by November 11, 2017 by Federal New Source Performance Standards (NSPS) for Municipal Solid Waste Landfills,which are contained in 40 CFR 60, Subpart WWW. SCS recently completed a GCCS Design Plan for these NSPS rules; however, this plan is for the final build-out of the GCCS when the landfill is closed, and will only provide a general guide for portions of the initial GCCS construction layout. The NSPS rules require that, upon construction,the GCCS must control landfill gas from portions of the landfill that have contained waste for 5 years or more if at intermediate grade, or 2 years or more at final permitted grade. In accordance with NSPS, the landfill gas collected must be destroyed through an on-site control device. As such, consistent with the GCCS Design Plan, an open flare will be used for this control device. SCS has extensive experience with NSPS requirements and GCCS design. Our project team has also provided the City with the landfill's air permitting and compliance needs prior to the landfill commencing operation in 2007. Resumes can be provided upon request as well as detailed qualifications, if necessary. SCOPE OF WORK The proposed scope-of-work has been divided into two tasks, as described in detail below. Task 1 —Final GCCS Design Services This task includes the preparation of the 90 percent, 100 percent, and final design submittals required during the project. trod-kOtkhares,Data\BD\Pmposals,Curyua CM10\160016216 Cefe GCCS Construction\P050616 Cek GCCS_90 and 100 percent design su0miilal$docx Offices ` •• ' • EXHIBIT "A" Page 1 of 5 Mr. Ivan Luna May 8, 2016 Page 2 This GCCS design will conform to the GCCS Design Plan and preliminary design work. The GCCS Design, while it will be designed with the current recirculation approvals being considered, will not be designed to also serve as a liquids injection/enhanced leachate recirculation system of any sort(which would likely increase the cost and slow the review and approval process). The services provided in this task for the design submittals will be prepared consistent with the most recent version of the City's Design Submittal Checklist. As such, the services provided in this task will include the various applicable submittals required for the 90, and 100 percent design submittals, as well as the final submittal, including but not limited to, the Project Status Summary, Drawing Review Checklist, Project Checklist, and Comment Responses for 90 and 100 percent submittals, and Engineering Opinion of Probable Construction Cost(OPCC). Preparation of construction plans will be initiated with the 60 percent design submittal provided under a separate scope-of-services. However, this task will also include the continuation of the construction plans and respective submittal for the 90 percent, 100 percent, and final submittals consistent with the Design Submittal Checklist. The construction plans will be comprehensive for successful construction of the project. At a minimum, the following plan sheets will be provided in the completed construction plan set: • Cover Sheet; • General Notes; • Site Layout Plan; • GCCS Layout Plan; • Header Plan/Profiles (if necessary for areas outside of waste); • Pipe, Fitting, and Valve Details (up to two sheets); • Condensate Management Details (up to two sheets); • Blower/Flare Facility Layout Plan; and • Blower/Flare Facility Details (up to two sheets, including foundation, anchoring, and fencing details). SCS will also initiate the preparation the specifications and front-end documents (bid documents) for the GCCS construction project under the 90 percent design submittal. Specifications and front- end documents will also be provided during 100 percent and final submittals consistent with the Design Submittal Checklist. Bid items will be clearly identified. Our fee estimate for this project is based on the assumption that we will use the City's Front-End Construction Contract Documents (both Division 00 and Division 01, as applicable to the project). It is assumed that the bid documents will be developed to request qualification statements from the Contractor's to ensure that the City is receiving bids from qualified Contractors. Additionally, SCS will prepare technical specifications for materials and execution of work for at least the following items: • Excavation,trenching, backfilling, and grading; • Landfill gas (LFG) extraction wells and wellheads (includes well drilling, bentonite, and aggregate soil backfill); ,Led-h01 4iarea\DataZD,Propoaah1Corpu CMat1116C016218 Cefe GCCS Canatru Yron,P0A818 Cefe GCCS_90 and 100 percent design aubmbtale Coca Offices N a t i n n w i rl a IEXHIBIT "A" I Page 2 of 5 • Mr. Ivan Luna May 8, 2016 Page 3 • High density polyethylene (HDPE) pipe, fittings, and valves (includes materials, installation, and testing); • Condensate management systems (includes pumps and sumps); • Air compressor; • Flare and blower skid installation; • Chain-link fence and gates; and • Concrete. Due to the highly specialized nature of this construction project, we will use SCS' standard technical specifications as a basis for GCCS construction. SCS will incorporate the City's standards for materials for such items as concrete, chain-link fence and gates, etc. During the preparation of technical specifications, SCS will review local permits (i.e., building, electrical, etc.) that may be necessary so that those requirements may be incorporated into the technical specifications. During this effort, SCS will also consider the required timeframes for any of these authorizations and emphasize any of these items that may become a critical path during construction. Additionally, SCS will provide performance specifications for the open flare and blower (equipment) skid, including associated instrumentation, so that the City can order and procure this equipment ahead of bidding and awarding the contract for the GCCS construction. This performance specification will be provided at the 90 percent design submittal. This performance specification will be developed with sufficient detail for the City to acquire bids from at least three flare manufactures, which will be provided by SCS. Our fee estimate for this portion of the work assumes that the City will assemble the associated bid package for procuring this equipment, and as such our deliverable for this task will include the specifications for the materials and equipment only. Furthermore, SCS will perform the necessary quantity take-offs for bid items to be included in the Contractor's scope-of-work for the initial GCCS construction project. These quantities will be used to provide the City with an OPCC prior to bidding, which will be supported by the quantity calculations and/or estimates for each bid item. SCS will provide an OPCC for the 90 percent, 100 percent, and final design submittals. SCS will address comments at each appropriate phase of review for the project during performance of this task (i.e., 60, 90, and 100 percent submittals). Our fee assumes that comments from all parties within the City, from Republic, and/or Dr. Hossain and his team as applicable will be provided concurrently at each stage of the design process to avoid multiple iterations which might slow the schedule. The final submittal of the specifications, construction plans, and OPCC will be signed and sealed by a Professional Engineer registered in the State of Texas. Finally, this task include attendance at meetings required for the engineering review of the 90 percent design submittal by the Design Engineer. During this meeting the Design Engineer will present an overall summary of the project status and design specifics associated with the respective 90 percent design submittal. Our fee estimate for this task includes labor and travel expenses for the Design Engineer to attend this meeting. Aped-le014M1areekDatat6D\Proposak,Corpus CMstn160016216 Cele GCCS Censtructan,P050616 Cele GCC.S_90 and 100 percent design submKtals doce Offices at,n n W i fl e EXHIBIT "A" Page 3 of 5 • • • Mr. Ivan Luna May 8, 2016 Page 4 Task 2— Bid-Phase Services This task provides for services during the bid advertisement and award phase for construction. The following services will be provided: • SCS will attend one pre-bid meeting. At the City's preference SCS may conduct the meeting or be present as the Design Engineer. SCS will take and issue notes for the meeting. • SCS will coordinate with the City Department of Engineering Services for advertisement of the project, as well as notification of Contractors experienced with this type of construction project. • It is assumed that questions from Contractors will be coordinated by the City Department of Engineering Services during the bidding phase. However, SCS will provide the City with responses to any technical questions related to the project, as deemed necessary by the City. • Addenda will be prepared, if required, and provided to the City for distribution to the Contractors or upload to the City's website. Our fee for this subtask assumes the preparation of no more than one addendum. • After the bid opening, SCS will tabulate the bids, identify the apparent qualified low bidder, and evaluate the qualifications of the low bidder. Taking into consideration items that may have changed during the bidding process as reflected in addenda to the bid documents, we will provide copies of the "Issued-for-Construction" Contract Documents to the City and selected Contractor. FEE AND SCHEDULE SCS proposes to provide the above services for the lump sum fees by task as follows: Table 1 - Proposed Fees Task Description I Fee 1 Final GCCS Desi.n Services $31,600 2 Bid-Phase Services $8,400 Total $40,000 Regarding schedule, as previously documented, per the current New Source Performance Standard Requirements, the new landfill gas collection and control system must be in-place and operational by no later than November 11, 2017. As such, SCS will work with the City in an expedited manner to complete the design and work through the City's established processes for interim millstones and review cycles. We will begin our work immediately upon notice-to-proceed (NTP) and will issue a detailed project schedule within one week of NTP. This schedule will include the following milestones for achieving completion by the regulatory deadline: City's review time, securing the a.a-Isolwhares,Det.Howopowbrcom.Chuti,1sw15218 Cele 0005 cm.vu010nw050e15 cera 0008_90 and loo percent dawn suomtttaIe eon. O ft C e s Ns t l(1 t1 vA Cd c EXHIBIT "A" Page 4 of 5 • Mr. Ivan Luna May 8, 2016 Page 5 funds for construction, bidding and award, and construction. SCS will keep the City apprised of progress in achieving the schedule throughout the project. Also with respect to schedule, revisions to the current NSPS rules may be issued by the U.S. Environmental Protection Agency (EPA) later this summer. Although a draft of these rules has been issued, the exact contents and final promulgation date are not known. As such, this proposal is being written to conform to the current NSPS rule's requirements. Finally, bid-phase services (Task 2) will be scheduled upon completion of the plan review process to follow the City's set schedule for bidding the project. SCS appreciates this opportunity to present this proposal for your consideration. If you have any questions, please feel free to contact David Mezzacappa, P.E. at(817) 358-6108. Sincerely, Ryan Kuntz, P.E. David Mezzacappa, P.E. Project Manager Vice President SCS ENGINEERS SCS ENGINEERS TBPE Registration No.F-3407 Cc: Lawrence Mikolajczyk, City of Corpus Christi (e-copy) Tony Benavides, City of Corpus Christi (e-copy) Brian Bresler, City Engineering Representative/Freese and Nichols (e-copy) ted-Ia0141 area\Data\BDPPraposala'Corpus CMStM60016216 Cee GCCS Constr ctlon1P050616 Cele GCCS_90 and 100 percent desgn submalals docx Offices at i n n w i rl p EXHIBIT "A" Page 5 of 5 L: y O o jO\ EC-N .O ix O N y D. a) CD l9 N \ \ \ \ \ \ \ \ \ \ \ 8,„.., \ \ \ 0 0 0 0 0 ...IL" 0 0 0 0 0 0 0 0 0 0 0 0 0 Uf) 0 0 0 0 0 — 0 — M O In M N x- Cv) — N U Q- L E OO ac) 0 0 0 0 0 0 0 0 Q Q 0 0 0 0 0 T 0 mm In CO000 O > ta 69- Eft CA- H c en O o 0 0 0 o 0 0 0 0 Q Q 0 0 0 0 o o U m m 1n Un > > Eft C 0 — c di 0c 0 0 0o 00 0 0 0 0 0 0 ion oon c U o co m m to E > Q c o o 0 0 0 0 0 ti p p O r- 0 ti r• W 0 O o ti in N O w- CDD m m m at N ti O) Qa0+ r M M 00 N r r ~ ~ ~ OD I N ZXM O ER 69 fi? d4 ER ER V X N d U illX o N o 0 0 0 0 0 0 N- Q Q Q N- 0 N- N- Z Z OEft CO o N CO CO CO N CND 000 G. w+ w C) Z E 9 EA N- (N4 W y 0 O '- •I0 > E J LO > c 4 aa - 2 to 0 0 0 0 o N 0 Q Q Q 0 0 N N 0 a O O .— m COI— m — O .— r-- C) Z To; (i EA ER E 4 - 0 0 0 0 0 O o 0 Q Q Q 0 0 0 0 C) 0 0 0 0 0 0 m m m O O O O L 0 0 u) u) 0 0 0 0 0 0 a Eft EA 69- fze EA 69O 0 CO a) •U U en E CD CD a) U N (1) U U co N CO_) (C a) co N) co co CO t N ›+ co 0 N ,U CL c co CO a ,_co a) Id -a 0 .0, (n a) m To m e ca 4 t+ a is u. cn Cu EL Cl) = �a o c o o Q 6 CD in o O 0) a N 0 E T aa)) c 2 Q ° E U co a�'i o a) U) m °� O M m V 0 m a. Q m U cn a a. E a. O cn co u) co Q I— EXHIBIT "B" Page 1 of 1 • EXHIBIT "C" Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of 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. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. • • • • 1.5 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 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 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. 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 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.