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HomeMy WebLinkAboutResolution - 2009-R0415 - Amendment To Agreement - Bierschwale Appraisals - 10/08/2009Resolution No. 2009-RO415 October 8, 2009 Item No. 5.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to that certain Professional Services Agreement, entered into by and between the City of Lubbock and Bierschwale Appraisals, dated August 13, 2009, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of October '2009 - TOM 2009. TOM MARTIN, MAYOR ATTEST: Rebecca larza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, Chief Operations Officer APPROVED AS TO FORM: te, Assistant `City Attorney ms/res. amend. Contract Bierschwale Appraisals 09/25/09 Resolution No. 2009—RO415 AMENDMENT TO CONTRACT This Amendment to Contract ("Amendment") is entered into on this, the 8th day of October, 2009, by and between the City of Lubbock, Texas (the "City") and Bierschwale Appraisals ("Bierschwale"), together as parties to that certain Professional Services Agreement dated August 13, 2009 (hereinafter referred to as the "Contract"). Each of City and Bierschwale may also be referred to individually as a "Party," or collectively as the "Parties." WHEREAS, Section 6.04 of the Contract provides that the contract may be amended by a writing executed by the Parties; WHEREAS, the Parties have negotiated and agreed that the Insurance requirements for Bierschwale set forth in the Contract would be more appropriate and better serve the Parties if it were modified pursuant to the terms hereof, and further wish to amend the Contract accordingly; and WHEREAS, the Parties agree that all other terms and conditions of the Contract shall remain unaffected by this Amendment. THEREFORE, the Parties, for ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do agree to amend and do amend the Contract as follows: Paragraph 5.01 of the Contract is deleted in its entirety and replaced with the following 5.01 Insurance/Indemnity. Bierschwale shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Bierschwale shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and automobile liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $500,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence The City shall be listed as a primary additional insured, on a primary and non-contributory basis, with respect to the Commercial General Liability, and further shall be granted a waiver of subrogation under same. Bierschwale shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. If at any time during the life of the Agreement or any extension hereof, Bierschwale fails to maintain the required insurance in full force and effect, Bierschwale shall be in breach hereof and all work under the Agreement shall be discontinued immediately. BIERSCHWALE SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, AS A Amendment to Professional Services Agreement - Bierschwale Appraisals Page 1 of 2 RESULT OF, RELATED TO, OR ARISING FROM BIERSCHWALE'S USE OR OCCUPATION OF CITY OWNED LANDS, AND/OR ANY MATTER RELATED TO BIERSCHWALE'S ACTIVITIES, PERFORMANCES, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. The undersigned Parties agree that, except as may be amended expressly hereby, the Contract, its exhibits, attachments, and schedules shall be completely incorporated herein for all purposes, and shall remain in full force and effect according to the terms expressed therein. The undersigned Parties further agree that to the extent of any conflict between this Amendment and the Contract, its exhibits, attachments, and/or schedules, the provisions and terms of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.. City of Lubbock: Bierschwale: TOM MARTIN, Mayor Paul Bierschwale, President Bierschwale Appraisals ATTEST: Reber Garza, City Secretary APPROVED AS TO CONTENT: tr?'�� 1 Marsha Reed, Chief Opera ons Officer APPROVED PRO , TO FORM: +� J Ms/amendmentBierschwalePSA(v2) 9.14. Q9 Amendment to Professional Services Agreement - Bierschwale Appraisals Page 2 of 2