HomeMy WebLinkAboutC2009-091 - 3/3/2009 - NAPROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NAISMITH ENGINEERING, INC.
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This professional services agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipality ("City" ,acting
through its City Manager or his designee ("City Manager"), and Naismith engineering,
Inc., a corporation organized under the laws of the State of Texas, acting through an
authorized representative of the corporation ("Naismith").
Section 1. Engagement. The City engages Naismith to provide professional environ-
mental consulting services for the City. Naismith must obtain, at its own cost, all
licenses and certifications necessary to pertorm the services required under this
Agreement.
Section 2. Term. The term of this Agreement will commence upon the date of execu-
tion by the City Manager. This Agreement expires upon the earlier of the following: (1)
uppon receipt and acceptance, by the Texas Commission on Environmental Quality
("TCEQ"), of the revised Affected Property Assessment Report (APAR") by Naismith,
to include additional delineation information as required under this Agreement, and
pa ment by the City of Naismith's invoice, or December 31, 2009, in the event the City's
submission date is extended by TCEQ (beyond the current date of May 13, 2009);
provided, however, in no event shall Naismith be provided the full fee due under this
Agreement if any portion of the work remains unperformed or is incomplete at the
termination date.
Section 3. Services.
(A) Naismith shall pertorm additional delineation work, subject to third party
property access authorization, for an affected property assessment (in
response to TCEQ's letter dated August 14, 2008) in accordance with State
and federal regulatory provisions, prepare a revised APAR, including the
required additional delineation information, in draft form for review by the
City by April 30, 2009, and prepare and submit a revised APAR in final form
to TCEQ no later than May 10, 2009, or such later date as TCEQ may
approve in writing extending the submission date ("Services").
(B) Naismith shall perform the Services with respect to the site and subject
property outlined as the Garcia Arty Education Center area, located adjacent
to the intersection of Agnes and 18" Streets in Corpus Christi, Nueces
County, Texas, particularly Lots 4 and 5, Block 5, of the Lawnview Sub-
division ("Premises"), such Premises as further shown on Exhibit A, which
exhibit is attached to and incorporated in this Agreement by reference as if
fully set out in this document.
2009-091
03/03/09
Naismith Engineering
(C) The parties agree that the Services provided under this Agreement include
the activities proposed to be performed by Naismith as Tasks I, 2, 3, and 4,
which were included in the response submitted by Naismith ("Response")
on September 26, 2008, at the City's request, such Response being
attached as Exhibit B and which Response is incorporated by reference into
this Agreement as if fully set out in this document. The Services include, but
are not limited to, the following:
(1) Obtain and review prior phase I, phase II, and phase III environmental
survey documentation of the Premises;
(2) Verify that underground storage tank(s) were filled with inert material or
removed from the ground and document accordingly;
(3) Perform soil borings and install, maintain, and remove monitoring test
wells;
(4) Complete Tasks 1, 2, 3, and 4 as stated in the Response;
(5) Present all findings in a detailed revised APAR written report, supple-
mented with all supporting documentation on the additional delineation
utilized to prepare the written record, such as topographical maps, site
maps, aerial and ground-based photographs, soil analyses reports,
sampling reports, and analytical data necessary to the proper comple-
tion of the revised APAR. Additionally, the revised APAR must include
any findings of environmental concern regarding the Premises that re-
quere further site assessment and consideration, as may be identified by
Naismith during the performance of Services; and
(6) Although Naismith may desire to submit draft progress reports, a draft
revised APAR must be submitted to the City for review prior to sub-
mission of the required final report. The final revised APAR, including
the additional delineation information, must be submitted by Naismith, in
duplicate or triplicate, whichever is required by applicable regulations, to
TCEQ no later than May 10, 2009, or such later date as the TCEQ may
allow in writing.
Section 4. Compensation.
(A) In consideration of Naismith's faithful performance of this Agreement and
as full compensation for the professional Services performed pursuant to this
Agreement, the City shall pay Naismith a fixed fee not to exceed $33,712.00,
as detailed in Exhibit B.
(B) Upon submission of the final revised APAR, which is to include the additional
delineation information, Naismith shall submit an invoice for Services per-
formed. Within thirty days of submission of the invoice, the City shall pay
Naismith for Services rendered.
Section 5. Insurance.
(A) Before the pertormance required under this Agreement can begin, Naismith
shall obtain the types of insurance and coverage limits stated in Exhibit C,
which exhibit is attached to this Agreement and incorporated in this Agree-
ment by reference as if fully set out herein. Additionally, Naismith must
deliver a copy of the certificate of insurance 'Certificate") as proof that the
insurance types and coverages required by xhibit C have been obtained.
Naismith Phase IV APAR Agmt Revdi 2009.doc Page 2 of 7
Copies of the Certificate must be submitted to the Risk Manager of the City
of Corpus Christi ("Risk Manager") and to the City's division representative
responsible for administering this Agreement. Furthermore, for the term of
this Agreement, Naismith must maintain in force all insurance required by
Exhibit C.
(B) The Certificate must state that the Risk Manager shall be given at least 30
days notice of cancellation, material change in the coverages, or intent not to
renew any of the policies required under this Agreement, by certified mail.
Additionally, the City of Corpus Christi must be named as an additional
insured for liability arising from Naismith's provision of Services under this
Agreement.
(C) If the insurance company utilized by Naismith elects to use the standard
ACORD form, the cancellation clause located on the bottom right of the
ACORD form must be amended by adding the wording "materially changed
or" between "be" and "canceled," deleting the words "endeavor to," and
deleting the wording after "left."
(D) Naismith must provide workers' compensation coverage through a licensed
insurance company or through self-insurance obtained in accordance with
Texas law.
(E) Naismith must ensure that any and all subcontractors performing Services
under this Agreement meet the insurance requirements of this Agreement.
Section 6. Indemnification. To the extent allowed by Texas law,
Naismith ("Indemnitor") shall indemnify and hold harmless the City of
Corpus Christi, its officers, employees, representatives, and agents
("Indemnitees") from and against any and all liability, damages,
losses, expenses, claims, suits, and causes of action to the extent
caused by or arising out of any negligent acts or omissions or
intentional or willful misconduct in connection with the performance
of services under this agreement by Naismith, its employees, agents,
successors, assigns, representatives, and subcontractors. Naismith
covenants and agrees that, if the Indemnitees, or any of them
individually, are made a party to any litigation involving Naismith and
the services performed under this Agreement or in any litigation
commenced by any party other than Naismith and relating to this
Agreement, Naismith shall, upon receipt of reasonable notice
regarding commencement of litigation and at its own expense,
investigate all claims and demands, attend to their settlement or other
disposition, defend the Indemnitees in all actions based thereon with
counsel satisfactory to Indemnitees, and pay all charges of attorneys
and all other costs and expenses of any kind arising from any said
liability, damages, losses, expenses, claims, suits, and causes of
action.
Naismith Phase IV APAR Agmt Revd? 2009.doc Page 3 of 7
Section 7. Relationship.
(A) Naismith will perform all Services as an independent contractor and will fur-
nish the Services in its own manner and method and under no circum-
stances or conditions will an agent, representative, employee, or subcon-
tractor of Naismith be considered an employee of the City for any purposes
or reasons whatsoever.
(B) Any agent, representative, employee, or subcontractor of Naismith assigned
to perform Services under this Agreement shall be competent, capable,
qualified, and shall be duly licensed to perform the Services, if licensure is
required by the State of Texas for performance of any portion of this
Agreement.
Section 8. Force Majeure. No party to this Agreement will be liable for failures or
delays in performance due to any cause beyond their control including, but not limited
to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God
or the public enemy, common carrier, severe inclement weather, riots, or interference by
civil or military authorities. The rights and obligations of the parties will be temporarily
suspended during this period to the extent performance is reasonably affected.
Section 9. Assignment and Transfer. This Agreement may not be, in whole or in
part, assigned or transferred, directly or indirectly, by either party without the prior writ-
ten consent of both parties to this Agreement. Subject to the foregoing, this Agreement
shall be binding upon the City and Naismith, their successors, and assigns.
Section 10. Non-Discrimination. Naismith shall not discriminate nor permit discrim-
ination against any person or group of persons, as to employment or in the performance
of Services under this Agreement, on the grounds of race, religion, national origin, sex,
disability, or age, or in any manner prohibited by the laws of the United States or the
State of Texas. The City retains the right to take such action as the United States or the
State may direct to enforce this non-discrimination covenant.
Section 11. Compliance with Laws.
(A) Naismith must comply with all federal, State, and local government laws,
rules, regulations, and ordinances, which may be applicable to its required
performance under this Agreement.
(B) All actions brought to enforce compliance will be brought in Nueces County,
where this Agreement was executed and will be performed.
(C) This Agreement will be governed by and construed in accordance with the
laws of the State of Texas.
Section 12. Notice.
(A) All notices, demands, requests, or replies provided for or permitted, under
this Agreement by either party must be in writing and must be delivered by
one of the following methods: (1) by personal delivery; (2 by deposit with
the United States Postal Service as certified or registered mad, return receipt
requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an
overnight express delivery service, for which service has been prepaid; or,
(5) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner
described above will be deemed effective two ( )business days after
deposit with the United States Postal Service. otice by telegram or
overnight express delivery service in the manner described above will be
Naismith Phase IV APAR Agmt Revd1 2009.doc Page 4 of 7
deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed
effective upon transmission with pproof of delivery to the receiving party. All
such communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: CD Administrator
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3186 Office
(361)844-1740 Fax
IF TO NAISMITH:
Naismith Engineering, Inc.
Attn: Terald E. Smith
P. O. Box 3099
Corpus Christi, TX 78463-3099
(361) 814-9900 Office
(361)814-4401 Fax
(C) Either party may change the address to which notice is sent by using
method set out above. Naismith shall notify the City of an address
change within 10 calendar days after the address is changed.
Section 13. Amendments. No alterations, changes, or modifications of the terms of
this Agreement nor the waiver of any provision will be valid unless made in writing and
signed by both parties to this Agreement by a person authorized to sign agreements on
behalf of each party.
Section 14. Waiver.
(A) The failure of either party to complain of any act or omission on the part of
the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights under this Agreement.
(B) No waiver of any covenant or condition or of the breach of any covenant or
condition of this Agreement by either party at any time, express or implied,
will be taken to constitute a waiver of any subsequent breach of the
covenant or condition nor will justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition of this Agree-
ment.
(C) If any action by the Naismith requires the consent or approval of the City on
one occasion, any consent or approval given on said occasion will not be
deemed a consent or approval of the same or any other action at any other
occasion.
(D) Any waiver or indulgence of Naismith's default of any provision of this
Agreement will not be considered an estoppel against the City. It is ex-
pressly understood that if, at any time, Naismith is in default in any of its
conditions or covenants hereunder, the failure on the part of the City to
promptly avail itself of said rights and remedies which the City may have will
not be considered a waiver on the part of the City, but the City may at any
time avail itself of said rights or remedies, or the City may elect to terminate
this Agreement on account of said default, following submission of a written
default notice to Naismith.
(E) The rights and remedies in this section are cumulative and are in addition to
any other rights and remedies provided by law.
Section 15. Severability.
(A) If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Agreement or the application hereof to any person or
Naismith Phase IV APAR Agmt Revd1 2009.doc Page 5 of 7
circumstance is, to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdic-
tion, then the remainder of this Agreement, or the application of said term or
provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected thereby, for it is the
definite intent of the parties to this Agreement that every section, paragraph,
subdivision, clause, provision, phrase, or word hereof be given full force and
effect for its purpose.
(B) To the extent that any clause or provision is held illegal, invalid, or un-
enforceable under present or future law effective dunng the term of this
Agreement, then the remainder of this Agreement is not affected thereby,
and in lieu of each such illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to such illegal, invalid, or un-
enforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Agreement automatically.
Section 16. Budgetary Appropriations. Naismith understands and acknowledges
that the continuation of this Agreement after the close of any fiscal year of the City,
which fiscal year ends on July 31 of each calendar year, is subject to sufficient
appropriations and budget approval providing for or covering this Agreement as an
expenditure in the City's budget. The City does not represent to Naismith that said
budget item will be actually adopted, the determination as to appropriations and
expenses being within the sole discretion of the City's City Council at the time of
adoption of the City's budget. If revenue funds are not appropnated for any individual
fiscal year following the execution of this Agreement, the City reserves the right to
terminate this Agreement without notice and penalty.
Section 17. Priority of Documents. In the event of a conflict between the require-
ments set out in this Agreement and the Response, the parties agree that the require-
ments set out in this Agreement take priority over the Response.
Section 18. Entirety Clause. This Agreement and the attached and incorporated ex-
hibits constitute the entire agreement between the City and Naismith for the purpose
stated. All other agreements, promises, representations, and understandings, oral or
otherwise, with reference to the subject matter hereof, unless contained in this
Agreement, are expressly revoked, as the parties intend to provide for a complete
understanding within the provisions of this Agreement and its exhibits of the terms,
conditions, promises, and covenants relating to Naismith's performance hereunder.
(EXECUTION PAGE FOLLOWS)
Naismith Phase IV APAR Agmt Revd1 2009.doc Page 6 of 7
EXECU~D IN DUP I TE, ea h of which is considered an original, on this
the 3 day of l(/5.~ , 2009.
ATTEST:
CITY OF CORPUS CHRISTI
r
,~' ~<~/
Armando Chapa I R. Escobar
City Secretary ity Manager
APPROVED AS TO FORM: ~2°2#, 2009
~T _ i
Eliza h R. Hundley /
Assi nt City Attorney
for the City Attorney
NAISMITH ENGINEERING, INC.
By: '.cs,,~d f.
Title: VtcE l~rtesrnc.vr
Printed Name: ~ 62Acn E• sinsrl~f
Date: Z~z~zoo9
STATE OF TEXAS §
COUNTY OF NUECES §
This instrum nt was a knowl ged before me on , 2009, by
"[_._, n, p1 +r ~~~ , an authorized re senta ive of Naismith
Engineering, Inc., a corporation organized under the laws of the State of Texas, on
behalf of the corporation. ~~ ~ ~
w
'~"r'~"' LAURISA LYNN BAKLIK ~ `
a `:' Notary Public, State of Texas
~,,' My Commission Expires Notary bIIC, State
sy,'•
3ry 'j„~F March 09, 2011
Naismith Phase IV APAR Agmt Revdi 2009.doc Page 7 of 7
EXHIBIT A
w
~j
/0
'S
~~~
~ .
~ j
._.._
STREET
. W
' ~ ~ •
~ ~ ~
N
/f ~ !f
3515
~~
a
~~
N
s
EXHIBIT B
NaismthEngneering,Inc
ENGINEERING^ ENVIRONMENTALa SURVEYING
ESTABLISHED 194.9
September 29, 2008 Revised 2/Itf~1009
Mr. Daniel Gallegos, Jr.
City of Corpus Christi, Community Development
1201 Leoparcl Street
Corpus Christi, Texas 78401
Re: PROPOSAL -Affected Property. Assessment Report (APAR) Additional Delineation
Response to TCEQ Letter Dated August 14, 2008
Fortner M&D Detail Facility, 2031 Agnes, Sf., Corpus Christi, Nueces County, Texas
Deaz Mr: Gallegos:
This. will .serve as a proposal for Naismith Engineering, Ina (NEI) to respond to the above referenced TCEQ
letter regarding the Affcctcd Property Assessment Report (APAR) at the above referenced pmperty, locaud
within Corpus Christi,-Ntteces County Texas. NEI submitted an APAR for the above referenced site in July
2008. The TCEQ requested restonse to the following four issues (tasks) in their letter.
1. Verify that the tanks were filled with solid inert material or removed from the ground and provide a
map that depicts their exact locution.
2. Explain the origin of backfill located on the south west corner ofthe property and depict the stockpile
on a map.
3- Attempt. to gain offsite access from the landowner. of the property north across Agnes Street from the
subject properly-for the placement of soil borings and monitor wells so that full delineation of the
subsurface hydrocarbon contamination may. be obtained. Develop necessary documentation to
request TCEQ assistanca with offsite access.
4. Install a monitor well north of the subject property so that full delineation maybe obtained. Install a
monitor well at the SB-1 location, which is ons@e.
The TCEQ requested a response to these issues within 90 days of the date of their letter, which would make
the response due at the TCEQ irr Austin by November 12, 2008.
Task 1-UST Status Determination
NELshall acquire information about the pending tank closure (removal from the ground) to document the
current status of the former tank closure completed in 1981. We will be onsite during the tank removal
process to determine the contemn of the tank. NEI will prepare a brief summary of the tank removal process
to document the response to this TCEQ issue.
Task 2 - Bacld'dl Status Reoortine
NEI-shall acquire information aboutthe stockpiled-soils on the subject property, their current status and future
fate. NET shall prepare a brief summary of this information as a response to this TCEQ issue.
Task 3 - Offaite Adcess Activities
IdEI shall prepare a work phut for the investigation to be conducted on the off-site property immediately north
of the subject property: Also, NEI shall coordinate with the City on compensation to be offered to the land
owner. This information. shall be submitted to the landowner by certified mail a maximum of twice with an
4501 Gollihar Road. Corpus Christi, TX 78411 ^ 800-677-2831 361-814-9900 Fax 361-814-4401 ^ naismith-engineering.com
Mr. Daniel Gallegos, Jr.
City of Corpus Christi, Community Development
September 29, 2008
Page 2 of 3
offer to meet with the landowner to more fullyexplain to reasons for the need to access the property. Should
the landowner deny or be non-responsive to the request for property access, NEI shall formally request
TCEQ assistance for access to the property.
Task 4 -Additional Delineation. and AFAR Revision
As requested by the TCEQ, NEi shall install one soil horing/monitor well in the SB-1 location on site. If
offsite access is granted, NEI will install a maximum. of 4 addifloaa( soil borings/monitor wells to better
define the extent of contaminant migration in a northerly direction from the sowce area(s). Tltis proposal
does not include development of traffic plans and other materials necessary for installation of the soil
borings/monitor wells in the City of Corpus Christi right-of-way. The following steps shall be followed
during the installation process.
I. Installation of up to five (5) soil borings to a maximum total depth of 25 feet, which will be
completed as monitor wells. The monitor wells will. be developed according to standard protocols.
The monitor wells will be surveyed to determine horizontal position and top of casing elevation.
2. The cores from the borings will. be field screened for potential hydrocarbon contaminants with an
organic vapor analyzer (OVA) and the lithology shall be characterized using the Unified Soil
Classification System. Three (3) soil samples shall be collected from each location.
3. The soil samples will be subjected to the following suite of laboratory analysis:
Total Petroleum Hydrocarbon (TPH) -Indicator of hydrocarbon contamination,
characterizing both molecular weight and total gaantity of contamination,
Benzene, Toluene, Ethyl benzene and Xylenes (BTEX) and. Methyl tent-Butyl Ether
(MTBEj -Specific compounds related to the release of gasoline.
4. All (former and newly installed) monitor wells will be gauged to determine the groundwater
elevation, which will be used to determine groundwater flow direction and gradient. Groundwater
samples shall be collected fromthe five (5) existing and all newly installed monitor wells using low-
tlow purging methods and analyzed -for the same constituents listed above.
5. The sample results and groundwater gauging information will be evaluated to determine if additional
delineation is necessary.
The data acquired during the completion of the tasks listed above will be compiled into the TCEQ APAR
format. Recommendations related to the any necessary remedial actions (Remedy Standard A or B) will
be compiled along with preliminary cost estimates and consequences of pursuing either remedy standard.
A draft of the APAR will 6e submitted for your review and any comments incorporated prior to
transmittal to the TCEQ.
Schedule
The TCEQ response dated August 14, 2008 allowed 90 days for the above outlined tasks to be completed.
NEI will drive to have the complete response fmished and submitted to the TCEQ by the November 12, 2008
deadline, however we also recognize that many factors (i.e. offsite access) is outside of our control. We have
already begun preparing the information for offsite access as instructed during our meeting on 9/26/2098. It
is anticipated that a extension request to the TCEQ will be necessary.
B~
Billing for this additional work will be in accord with the existing Professional Services Agreement for a
fixed fee notto exceed $33,712.00
NaismithEngneering,Inc
ENGINEERING ~ ENVIRONMENTAL ~ SURVEYING
Mr. Daniel Gallegos, Jr.
City of Corpus Christi, Community Development
September 29, 2008
Page 3 of 3
Task 1-UST Status Determination
NEI Labor $780,00
Miscellaneous Expenses $106.00
Tusk I Subtotal 5886.00
Task 2 - Bnckfill Status Reporting
NEl Labor $393.00
Miscellaneous Expenses $26.00
Task 2 Subtotal 5421.00
Task 3 - OtTsite Access Activities
NEI Labor $2,810.00
Miscellaneous Expenses $136.00
Task 3 Subtotal 52,946.00
Task 4 -Additional Delineation and APAR Revision
NEI Labor $14,260.00
Laboratory Analysis - I S Soil Samples (TPIi, BTEX/MTBE) $1,997.00
Laboratory Analysis- 5 GrqundwatecSamples (TPH, BTEX/MTBE & TDS) .$1,331:00
Drilling. (five 2-inch Monitor Welts to 25') $8,250.00
Miscellaneous Expenses (i.e. sampling equipment, disposal, etc.) $3.621.00
Task 4 Subtotcd 529; 459.00
Estimated ProjeM Total $33,712.00
If you have any questions or need clarification on any of the issues related to this project please ggntact me or
Ms Sara Smelley.
As discussed, we will expect an amendment to our exiting Professional Services Agreement for this project.
As stated above, we have started the o#t'site access process as per your request and will submit the documents
to the landowner upon receipt of the amendment.
If you have questions or nccd additional information, please give us a call at (361) 814-490Q.
Sincerely,
NAISMITH ENGINEERING, INC.
.1..r.~c,P,~l ~. ~,7~~
Ternld E. Smith, P.G.
Vice President
~:~mswAOVOSAUrRxeernn.wrnrcuR,ocmutx~ntsnnwi sno~.naarawrwma~o~xn;~2-16-09.dOCx
NaismithEngineering,Inc
ENGINEERING ^ ENVIRONMENTAL! SURVEYING
EXHIBIT B
EXHIBIT C
INSURANCE REQUIREMENTS
CONSULTANT'S LIABILITY INSURANCE
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 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 Form
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 LIABILITYI $1,000,000 per occurrence
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include long-
term environmental impact for the disposal of contaminants
Workers' Compensation Which complies with the 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.
ADDITIONAL REQUIREMENTS
A. Consultant 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 Consultant 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-renewal 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.B (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.