HomeMy WebLinkAboutC2008-080 - 3/14/2008 - NAFIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NAISMITH ENGINEERING, INC.
This first amendment ("First Amendment") is made by and between the City of Corpus Christi
{"City"), acting through its City Manager, and Naismith Engineering, Inc., a Texas corporation,
acting #hrough an authorized representative of the corporation ("Naismith"}.
WHEREAS, the City and Naismith executed an agreement ("Agreement"), which was approved
by the City Manager on February 5, 2008;
WHEREAS, the scope of work to be completed by Naismith under the Agreement included all
professional environmental services required to produce a written Affected Property Assess-
ment Report ("APAR") for submission to the Texas Commission on Environmental Quality
regarding the property located at the intersection of Agnes and 18t'' Streets in Corpus Christi,
Nueces County, Texas;
WHEREAS, Naismith has determined that the driller proposed to be used by Naismith under the
Agreement does not have the necessary insurance to meet the City's requirements for a drilling
permit;
WHEREAS, Naismith has determined that an increase in the cast of service to be provided
under the Agreement is reasonable and necessary;
WHEREAS, the City has agreed to the increased amount; and
WHEREAS, the parties to the Agreement desire to execute this First Amendment to amend the
compensation amount due under the Agreement and amend the insurance requirements by
replacement of the existing Exhibit D to the Ageeemen# with a new Exhibit D, which is attached
to this Agreement.
Section 1. Section 4(A) of the Agreement is deleted in its entirety and is replaced to read as
follows:
"(A) In consideration of Naismith's faithful performance of this Agreement and as
full compensation for the professional Services to be performed pursuant to
this Agreement, the City shall pay Naismith a fixed fee not to exceed $24,809,
which represents the amount shown in Exhibit C and an additional $2,076 for
increased costs related to securing the required drilling insurance."
Section 2. A copy of the most current Exhibit D is attached to this First Amendment and
replaces the prior Exhibit D for all intents and purposes. The terms of the new Exhibit D are
incorporated into this First Amendment and into the Agreement, as if fully set out in each
respective document in their entirety.
2008-080
03/14/08
Naismith Engineering
Section 3. By execu#ion of this First Amendment, the parties agree to amend the compensation
amount, insurance requiremen#s, and replace Exhibit D in the Agreement. All terms and condi-
tions of the Agreement not changed by #his First Amendment remain the same and in ful! force
and effect.
[EXECUTION PAGE iFOLLOWS}
EXECUTED !N DUPLICATE, each of which is considered an original, on this the ~ day
of "f' y1 , 2008.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa George K. Noe
City Secretary City Manager
APPROVED AS TO FORM: , 2008
E izab R. Hundley
Assi nt City Attorney
for the City Attorney
NAISMITH ENGINEERING, INC.
By: .~-r.~ f. /~.- --
Printed Name: ~E e,o ~. 5
Title:
Date: 3IIt~12oa 8
-r
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on 1,~7~ /}')A~C~I , 2008, by
LD S fY) ! as ! C~ ~ S~ IIF/U T -(title) of
Naismith Engineering, Inc., a Texas corporation, on behalf of the corporation.
{seal)
z JUNE A FlEBIQ
• ~= MY CAMMiSSiON EXPIRES
Meech 21, 2D10
.fi~~
~.
No Public, State of Texas
EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANT'S LIABILITY INSURANCE
A. Consultant must not commence work under this agreemen# until ail insurance required herein
has been obtained and such insurance has been approved by the City. The Consuftan# 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 coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, material change, Bodily Injury and Property Damage
non-renewal or termination is required on all certificates.
Commercial General Liability including: $500,000 Combined Single Limit
1. Commercial Farm
2. Premises -Operations
3. Products) Completed Operations Hazard
4. Contractual Liability
5. Independent Contractors
Professional Liability including: $1,000,000 per occurrence
1. Errors and Omissions
PROFESSIONAL POLLUTION LIABILfTYI $1,000,000 per occurrence
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include long-
term environmental impact far the disposal of contaminants
Workers' Compensation Which complies with khe Texas Workers
Compensation Act and Paragraph 2 of this exhibit
Employers Liability $100,000
C. In the event of accidents of any kind, the Consultant must furnish the Risk Manager with copies
of all reports of such accidents within ten (10) days of accident.
Naismith Phase 3 Environmental assessmen# amended ins. reG.
2-2'[-0$ ep Risk Mgmf
ADDITIONAL REQUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance
company obtained in accordance with Texas law. The contract for coverage must be
written on a policy and with endorsements approved by the Texas Department of
Insurance. The coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by Lessee will be promptly met.
B. Certificate of Insurance:
~` The City of Corpus Christi must be named as an additional insured on the General
liability coverage and a blanket waiver of subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right} must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In
lieu of modification of the ACORD form, separate policy endorsements addressing the
same substantive requirements are mandatory.
The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice of cancellation, material change, non-renewai or
termination is required.
B. If the Certificate of Insurance does not show on its face the existence of the coverage required
by items 1.6 (1)-(5}, an authorized representative of the insurance company must include a
letter specifically stating whether items 1.6. {1)-(5} are included or excluded.
Naismith Phase 3 Environmental assessment amended ins. req.
2-21-08 ep Risk Mgmt