HomeMy WebLinkAbout2.e. WSB Contract RenewalAGENDA ITEM: WSB Contract Renewal
AGENDA SECTION:
Discussion
PREPARED BY: Jamie Verbrugge, City Administrator
AGENDA NO. 2.E.
ATTACHMENTS:
1. Letter from Bret Weiss, WSB
President
2. Mn /DOT Audited Overhead Report
3 Revised contract provision; Section 1
4. Professional Services Agreement
APPROVED BY:
RECOMMENDED ACTION: Council discussion
4 ROSEMOUNT
CITY COUNCIL
City Council Work Session: November 15, 2006
EXECUTIVE SUMMARY
BACKGROUND
The City of Rosemount retains WSB Associates, Inc. to provide city engineering services. The most
recent agreement for professional services was negotiated for a three -year term in late 2003. The term of
the agreement expires at the end of this calendar year. WSB and City staff have negotiated a proposed
extension of the agreement for a three -year term to cover the years 2007 -2009.
ISSUE
The renewal proposal is in the same form as the expiring agreement. The City of Rosemount pays an
annual retainer to WSB. In exchange, WSB commits that Mr. Andrew Brotzler will serve as the City
Engineer so long as he is employed with WSB or unless the parties agree otherwise WSB also provides a
project engineer (currently Morgan Dawley) to serve the City. The proposed retainer for the three year
term is $15,000 in 2007; $30,000 in 2008; and $45,000 m 2009. The scheduled increases mirror the current
arrangement
The relationship with WSB provides an annul savings in personal service costs to the City that can be
estimated to be between $170,000 to more than $200,000 The estnnates are based on the comparable
salaries of professional engineers in other cities combined with benefits. The arrangement is beneficial to
WSB because the firm derives significant revenues from developer -borne project costs that offset the
dedicated personnel costs of the two positions.
Recognizing that primary or exclusive use of one firm for engineering services may result in non
compeuuve pncing of those services, staff has regularly reviewed WSB's Rate Schedule (Exhibit 2;
attachment #4 -9 in the packet) compared to its competitors. WSB rates are consistently competitive.
WSB has also provided a comparative analysis of audited overhead rates that the Minnesota Department
of Transportation requires of all consultants. The audited overhead comparison shows that WSB has one
of the lowest overhead rates and is well below average.
SUMMARY
WSB President Bret Weiss will be attending the work session to answer any questions the Council may
have. Mr. Weiss has regularly sought the mput of the City Administrator when performing employee
evaluation of Mr. Brotzler. Admuustranon has been very pleased with the services that Mr. Brotzler and
his colleagues have provided the City during this current three -year term and recommends renewal.
Should the City Council deem the proposed renewal terms appropriate, this item will come before the
Council for formal approval at the November 21 meeting.
2
WSB
Amman
Assnaas,, Inc.
October 9, 2006
Mr Jamie Verbrugge
City Administrator
City of Rosemount
2875 145th Street West
Rosemount, MN 55068 -4997
Re: Contract for City Engineering Services
Dear Mr. Verbrugge.
WSB Associates, Inc is pleased to provide this letter regarding renewing our contract to provide city
engineering services to the City of Rosemount We have very much appreciated the partnership that has
been created between our two organizations and believe that this public private partnership has been
beneficial to both of our organizations
As per our discussion, we will propose to renew our contract in the same manner as we did previously,
which consists of a three year contract with annual retainers of $15,000, $30,000 and $45,000 for 2007,
2008 and 2009 Our staff will remain as currently assigned, however, it is likely that Andy Brotzler will
continue to expand his role to assist the city with public works issues as necessary in that area
For your information, WSB Associates, Inc continues to maintain cost effective services in this era of
rising expenses I have attached a copy of the Mn/DOT audited overhead rates for companies doing
business with Mn/DOT While Mn/DOT would not disclose any of the names of the firms with the audited
overhead rates, I'd like to point out that WSB's rate is currently 121 74 but on Mn/DOT's attached list we
are at 117 71 This is the cost per dollar of salary for all other expenses it takes to operate each company.
Therefore, for each dollar of salary, we have $1 21 in expenses or overhead. These audited overhead rates
are from very small companies to very large companies, all doing business with Mn/DOT That hopefully
provides you some background as to our efforts to keep costs in line and our fees low It should be noted
that many of these firms mark up subconsultants services, charge mileage to their clients and have other
miscellaneous charges that WSB continues to avoid All of those items are included in our overhead at this
time which, if we would charge for those, it would lower our overhead even further in comparison to our
competitors
Please let me know if there is anything further that you need from me or if you would like me to attend an
upcoming council meeting to discuss this contract extension Again, we would like to sincerely thank you,
your staff, the city council and all of the residents of Rosemount for embracing WSB in this role and
realizing that we can work together to create a great partnership.
Sincerely,
Bret A Weiss, PE
President
cc, Andy Brotzler
Ir7AC//,ttE r
WSB ,5 Associates, Ina
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
(763) 5414800 (763) 541 -1700 «ax
Company Name
All companies with Companies we audit
2002 and newer rates
Current Mn /DOT Current Mn /DOT
Overhead Rate Overhead Rate
Year /rr oLaiEA) T
7r d
145.25 CY 2003
180 19 Mn /DOT rate for FYE 9 -30 -03
130 25 Proposed rate for CY 2004
160.3 Proposed rate for CY 2002
175.22 175 22 Proposed rate for CY 2004
136 44 Mn /DOT rate for FYE 6 -30 -04
167 04 Proposed rate for CY 2004
169.56 169 56 Proposed rate for CY 2004
146.14 146.14 Proposed rate for FYE 4 -30 -04
164 34 Mn /DOT rate for FYE 11 -30 -03
167.06 Mn /DOT rate for FYE 3 -31 -04
158 43 Proposed rate for CY 2004
159 55 CY 2003
162 59 162 59 CY 2003
152.54 Mn /DOT rate for CY 2003
127.94 FYE 9 -30 -03
155.31 Mn /DOT rate for FYE 9 -17 -04
151.15 Mn /DOT rate for FYE 05 -01 -04
179 59 179 59 CY 2003
122 67 122 67 Proposed for CY 2002
171.29 CY 2003
141.70 CY 2003
135.72 Mn /DOT rate for CY 2004
172.59 CY 2002
171 97 Proposed for CY 2003
169.20 Mn /DOT rate for CY 2004
121.40 Mn /DOT rate for CY 2004
132 88 Mn /DOT rate for FYE 4 -30 -03
Company Name
Current Mn /DOT Current Mn /DOT
Overhead Rate Overhead Rate
Year
148.79 CY 2004
137 62 137.62 CY 2004
148 50 Mn /DOT rate for FYE 2 -28 -03
163.75 Mn /DOT rate for FYE 3 -31 -04
195 08 Proposed rate for CY 2004
164.90 Mn /DOT rate for CY 2002
149.30 Mn /DOT rate for CY 2003
161.11 161.11 CY 2003
189 63 Proposed for CY 2002
173.18 Mn /DOT rate for FYE 10 -31 -04
84 25 Proposed for CY 2003
136.15 Proposed for CY 2003
156 57 Proposed for FYE 10 -29 -04
134.01 Mn /DOT rate for CY 2003
186.75 186 75 Proposed for CY 2003
112 24 112.24 CY 2004
158 89 158 89 Proposed for FYE 6 -30 -04
173.03 Mn /DOT rate for CY 2004
139 58 139.58 FYE 9 -30 -04
160 76 Proposed for FYE 4 -2 -05
166 99 CY 2003
127 54 Mn /DOT rate for FYE 9 -30 -02
165.28 165 28 Proposed rate for CY 2003
199.70 Proposed rate for CY 2003
154 00 154 00 CY 2004
146.17 146 17 CY 2003
164 38 Proposed rate for CY 2004
125 53 FYE 10 -31 -04 provisional rate
148 00 FYE 3/31/04 provisional rate
22 -a
Company Name Current Mn /DOT Current Mn /DOT Year
Overhead Rate Overhead Rate
155.76
117.71
135 66
9,209 12
Avg 153 49
155 76 Proposed rate for FYE 11 -30 -04
117.71 Draft audited rate for CY 2004
135.66 Proposed rate for CY 2004
2,726 54
Avg 151 47%
0a -s
Section 1 Scope of Work Engineer will provide services as described on Exhibit 1,
attached hereto and hereby made a part hereof (hereinafter generally referred to as the "Project
on a fixed retainer of $1,250 per month for 2007, $2,500 per month for 2008, and $3,750 per
month for 2008 (unless legislative levy limits are in place in which case it would be $2,500 per
month) payable in the month following the month in which services are rendered. These services
generally include administrative and staff duties as acting city engineer for the City. Work on
the Project will generally be performed by Andy Brotzler or another mutually agreeable
employee of the Engineer (the "Acting City Engineer In addition, the Engineer will provide a
staff engineer for duties as assigned by the Acting City Engineer on an as needed basis The cost
of the work for development related projects is to be passed through to a developer or other
private party at a billing rate which shall be as specified on Exhibit 2. Work requested by the
City and performed by other employees of Engineer that does not fall within the scope of
services described on Exhibit 1 will be compensated on a hourly basis on the fee schedule
attached hereto as Exhibit 2, or will be made the subject of a separate contract for services
C IDocments andSettmgs,ddLocd SenmgaRa poitirylmemerFdes OLgBDWS4 Section 1- Scope 100606 doe
A>mot,_ftd r '3
PROFESSIONAL SERVICES AGREEMENT
llrroc <i.nFtirT le 1
This Agreement is made as of the 1st day of January, 2002 by and between the City of
Rosemount, Minnesota, a Minnesota municipal corporation (hereinafter referred to as "City and
WSB Associates, Inc., a Minnesota corporation (hereinafter referred to as "Engineer with
offices located at 4150 Olson Memonal Highway, Suite 300, Minneapolis, Minnesota 55422.
Witnesseth:
That the City and Engineer, for the consideration herein named, agree as follows:
Section 1. Scope of Work. Engmeer will provide services as described on Exhibit 1,
attached hereto and hereby made a part hereof (hereinafter generally referred to as the "Project on
a fixed retainer of $5,416.67 per month payable in the month following the month in which services
are rendered. These services generally include administrative and staff duties as acting city
engineer for the City. Work on the Project will generally be performed by Andy Brotzler or another
mutually agreeable employee of Engineer (the "Acting City Engineer Whenever the Acting City
Engineer is performing services not included in the Project, his rate shall be $60 00 per hour unless
the cost of the work is to be passed through to a developer or other private party, in which case his
rate shall be as specified on Exhibit 2. Work requested by the City and performed by other
employees of Engineer that does not fall within the scope of services described on Exhibit I will be
compensated on a hourly basis on the fee schedule attached hereto as Exhibit 2, or will be made the
subject of a separate contract for services.
Section 2. Changed Conditions. If the Engineer determines that any services it has been
directed or requested to perform are beyond the scope of services as set forth m Exhibit 1, Engineer
shall promptly notify the City of that fact Additional work and additional compensation for such
work must have the pnor approval of City.
Section 3. Termination. This Agreement may be terminated by either party upon thirty
days' wntten notice without cause. In the event of termination, copies of plans, reports,
specifications, electronic drawing/data files (CADD), field data, notes, and other documents
whether wntten, punted or recorded on any medium whatsoever, finished or unfinished, prepared
by the Engineer pursuant to this Agreement and pertaining to the Project (hereinafter "Instntments
of Service shall be made available to the City subject to Section 4. All provisions of this
Agreement allocating responsibility or liability between the City and Engineer shall survive the
completion of the services hereunder and/or the termination of this Agreement
Section 4. Reuse and Disposition of Instruments of Service. During the course of the work,
the Engineer shall, if requested, make available to the City copies of the Instruments of Service. At
the time of completion or termination of the work, the Engineer may make available to the City
copies of Instntments of Service upon (i) payment of amounts due and owing for work performed
and expense Incurred to the date and time of termination, and (1i) fulfillment of the City's obligation
under this Agreement. Any use or re -use of such Instruments of Service by the City or others
ci.L- 206477v
RS215 -3
without written verification or adaptation by the Engineer except for the specific purpose intended
will be at the City's risk and full legal responsibility.
Section 5. Agreement. The Agreement constitutes the entire understanding between the
Engineer and City. The Agreement supersedes all prior written or oral understanding and may only
be amended, supplemented, modified or canceled by a duly executed written instrument.
Section 6 Responsibilities. In order to permit the Engineer to perform the services required
under this Agreement, the City shall, in proper time and sequence and where appropriate to the
Project, at no expense to the Engineer:
1. Provide available information as to its requirements for the Project.
2. Guarantee access to and make all provisions for the Engineer to enter upon
public and private lands to enable the Engineer to perform its work under this Agreement.
3. Provide such legal, accounting and insurance counseling services as may be
required for this Project (such as review of insurance certificates, bonding clarifications and
legal questions regarding property acquisition or assessment).
4. Notify the Engineer whenever the City observes or otherwise becomes aware
of any defect in the Project.
5. Designate a person to act as City's representative with respect to the services
to be rendered under this Agreement. The City's representative shall have the authority to
transmit and receive instruction and information and to interpret and define the City's
policies with respect to services rendered by the Engineer.
6. Furnish data (and professional interpretations thereof) prepared by or
services performed by others, including where applicable, but not limited to, previous
reports, core borings, probings and sub surface explorations, hydrographic and hydro
geologic surveys, laboratory tests and inspection of samples, materials and equipment;
appropriate professional interpretations of the foregoing data, environmental assessment and
impact statements; property, boundary, easement, right -of -way, topographic and utihty
surveys; property description; zoning, deed and other land use restrictions, and other special
data.
7. Review all reports, sketches, drawings, specifications and other documents
prepared and presented by the Engineer, obtain advice of legal, accounting and insurance
counselors or others as City deems necessary for such examinations and render in writing
decisions pertaining thereto within reasonable times so as not to delay the performance by
the Engineer of the services to be rendered pursuant to this Agreement.
8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos
products or materials or pollutants located in the project area prior to accomplishment by the
Engineer of any work on the Project.
CLL- 206477v1 2
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9. Provide record drawings and specifications for all existing physical plants of
facilities that are pertinent to the Project.
10. Where available provide other services, materials, or data.
11. Bear all costs incidental to compliance with the requirements of this Section.
12. Provide the foregoing in a manner sufficiently timely so as not to delay the
performance by the Engineer of the services in accordance with this Agreement.
Engineer shall be entitled to rely on the accuracy and completeness of information or services
furnished by the City or others employed by the City. Engineer shall endeavor to verify the
information provided and shall promptly notify the City if the Engineer discovers that any
information or services furnished by the City is in error or is inadequate for its purpose.
Section 7. Options of Cost. Opinion, if any, of probable cost, construction cost, financial
evaluations, feasibility studies, economic analyses of altemate solutions and utilitarian
considerations of operations and maintenance costs are made or to be made on the basis of the
Engineer's experience and qualifications and represent the Engineer's best judgment as an
expenenced and qualified professional design firm. The parties acknowledge, however, that the
Engineer does not have control over the cost of labor, material, equipment or services furnished by
others or over market conditions or contractor's methods of determining their pnces, and any
evaluation of any facility to be constructed or acquired, or work of necessity must be speculative
until completion of construction or acquisition. Accordingly, the Engmeer does not guarantee that
proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the
Engineer.
Section 8. Hold Harmless and Insurance. Engineer has procured insurance in the types and
amounts set forth in Exhibit 3.
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act of omission of the contractor, its
employees, agents or employees of subcontractors, in the performance of this contract of by reason
of the failure of the contractor to fully perform, in any respect, all of its obligations under this
contract.
The City acknowledges that professional liability (errors and omissions) insurance is
unavailable to cover claims arising out of the performance or failure to perform professional
services, including, but not limited to, the preparation of reports, designs, drawings and
specifications related to the investigation, detection, abatement, replacement, modification, removal
or disposal of:
1. Hazardous or toxic materials; or
2. Matenals or processes containing asbestos,
CLL- 206477v1 3
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As used herein, hazardous or toxic materials shall include but not be limited to any solid, liquid,
gaseous or thermal irritant, contaminant, or hazardous waste as defined by Federal and State Law
and cases construing such definition. Waste includes materials to be recycled, reconditioned or
reclaimed. It is acknowledged by both parties that Engineer's scope of services does not include
any services related to asbestos or hazardous or toxic materials. In the event the Engineer or any
other party encounters asbestos or hazardous or toxic materials at the job site, or should it become
known in any way that such matenals may be present at the job site or any adjacent areas that may
affect the performance of the Engineer's services, the Engineer may, at its option and without
liability for consequential or any other damages, suspend performance of services on the project
until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or
remove the asbestos or hazardous or toxic matenals, and warrant the job site is in full compliance
with applicable laws and regulations.
Section 9. Assignment. This Agreement, intended to secure the service of individuals
employed by and through the Engineer, shall not be assigned or transferred without wntten consent
of the City.
Section 10. Controlling Law. This Agreement is to be governed by the taws of the State of
Minnesota.
Section 11. Non Discrimination. Engineer will comply with the provisions of applicable
Federal, State and Local Statutes, Ordinances and Regulations pertaining to human rights and non-
discrimination.
Section 12. Conflict Resolution. In an effort to resolve any conflicts that arise dunng the
design or construction of the project or following the completion of the project, the City and
Engineer agree that all disputes between them arising out of or relating to this Agreement shall be
submitted to nonbinding mediation unless the parties mutually agree otherwise.
Section 13. Attorney's Fees In the event of any litigation arising from or related to the
services provided under this Agreement, the prevailing party will be entitled to recovery of all
reasonable costs incurred, including staff time, court costs, attomeys' fees and other related
expenses.
Section 14. Confidentiality. The Engineer agrees to keep confidential and not to disclose to
any person or entity, other than the Engineer's employees, subconsultants and the general contractor
and subcontractors, if appropnate, any data and information not previously known to and generated
by the Engineer or furnished to the Engineer and marked CONFIDENTIAL by the City and to
comply with the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 15.
These provisions shall not apply to information in whatever form that comes into the public domain,
nor shall it restrict the Engineer from giving notices required by law or complying with an order to
provide information or data when such order is issued by a court, administrative agency or other
authority with proper junsdiction, or if it is reasonably necessary for the Engineer to defend itself
from any suit or claim.
CLL- 206477v1 4
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Section 15. Location of Underground Improvements. The Engineer will conduct the
research that in its professional opinion is necessary and will prepare a plan indicating the locations
intended for subsurface penetrations with respect to assumed locations of underground
improvements. Such services by the Engineer will be performed in a manner consistent with the
ordinary standard of care. The City recognizes that the research may not identify all underground
improvements and that the information upon which the Engineer relies may contain errors or may
not be completed.
Section 16. Betterment If, due to the Engineer's error, any required item or component of
the project is omitted from the Engineer's construction documents, the Engineer shall not be
responsible for paying the cost to add such item or component to the extent that such item or
component would have been otherwise necessary to the project or otherwise adds value or
betterment to the project. The Engineer shall be responsible for the difference between the
construction cost arrived at through the bid process and the construction cost actually negotiated, if
there is a difference. This amount will be negotiated between the City and Engineer.
Section 17. Independent Contractor. In the performance of all services under this
Agreement, Engineer shall be an independent contractor and not an employee of the City and
neither the Acting City Engineer or any other officer, employee or agent of Engineer shall be an
employee of the City for any purpose whatsoever.
CLL-206477v1 5
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WSB ASSOCIATES, INC.
By
And By
Its Clerk
4oa
Its We d2rki
CITY OF ROSEMOUNT
Its Mayor
ry_c
General City Engineering Including:
1. Acts in a department head capacity for the Engineering division of the Public Works
Department including planning, coordinating, supervising and evaluating programs,
plans, services, staffing, equipment and infrastructure.
2. Evaluates public works needs and formulates short and long range plans to meet needs in
all areas of responsibility, including streets, water, sewer, drainage, light, park
maintenance, building maintenance, vehicle and equipment for the City.
3. Meets with developer and members of the public on proposed development projects in
order to relate the processes and procedures involved with engineering and infrastructure
development;
4. Determines the need for preliminary studies; reviews all preliminary studies for compliance
with ordinances, comprehensive plans, engineering standards and financial guidelines.
5. Directs engineermg activities on projects and assigns consulting engineers; oversees project
management for the construction of the mumcipal public works projects.
6. Reviews plans and specifications, makes presentations to the City Council and members of
the public on improvement projects, monitors the construction process for compliance with
codes, regulations, standards and with approved plans; assures financial accountability of
pnvate projects as they relate to escrows and letters of credit. Regularly attends City
meetings including City Council and Planning Commission meetings, and on an as- needed
basis, Committee of the Whole meetings.
CLL- 206477v1
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EXHIBIT 1
RETAINER SERVICES
THE PROJECT
7. Directs the assessment process for recovery of municipal costs incurred on improvement
proj ects.
8. Develops systems to monitor sewer and water usage; compiles data designed to annually
update the sewer and water rate study; directs the preparation of reports for the Metropolitan
Waste Control Commission.
9. Ensures that costs and fees are charged back to development projects; works with the
Finance Department to monitor charges and revenues associated with development projects.
10. Attends meetings and acts as staff liaison to the Utilities Commission including preparing
reports and agendas, conducting research, answenng questions, providing advice and
suggestions.
1 -1
11. Prepares annual departmental budgets and monitors expenditures.
12. Acts as city liaison and city representative with other communities and county, state and
federal agencies.
13. Provides advice and recommendations to the City Administrator and other city department
heads and staff; reviews proposals submitted by management staff and makes appropriate
comments and suggestions; and assists city staff with any engineering needs.
14. Works with consultants and other outside individuals/groups involved in studies affecting
city services and coordinates special projects and studies.
15. Develops and implements policies and procedures for effective operation of the department
consistent with city policies and relevant laws, rules and regulations and ensures council
actions are implemented.
16. Oversees the preparation and updating of the city's plans such as the Storm Water
Management Plan, Water Supply Distribution Plan, Wetland Management Plan, etc;
develops, updates and oversees the public works capital improvement plan; develops and
revises city policies for storm water, assessments and other areas as required.
17. Maintains the city's Municipal State Aid Road System.
18. Makes public presentations and deals with the public on an individual basis.
19. Supervises staff either directly or through subordinate supervisors and oversees operations to
assure the desired level and quality of service is being provided Supervision of staff
includes assignments, direction, discipline, suspension, reward, adjust grievances, transfer
of employees and recommends the hiring, discharge or promotion of employees in the
Engineering Division of the Public Works Department.
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MrA
2oo7Rate Schedule
Billing
Rate /Ho
UT
Principal $130.00
Associate $122.00
Sr. Project Manager $117.00
Project Manager II $109.00
Project Manager /Engineering Specialist III $102.00
Registered Engineer /Registered Land Surveyor /Engineering Specialist II $93.00
Project Engineer /Engineering Specialist I /Sr. Construction Observer $83.00
Engineering Technician V /Construction Observer /Grad Engineer $74.00
Engineering Technician IV /Scientist III $66.00
Engineering Technician III /Scientist II $60.00
Engineering Technician II/Scientist I $55.00
Engineering Technician I $48.00
Office Technician II $61.00
Office Technician I $32.00
Survey (Two Person Crew /GPS Crew) $136.00
Survey (Three Person Crew /Expanded GPS Crew) $162.00
Costs associated with word processing, vehicle mileage, cell phones, reproduction of common
correspondence and mailing are included in the above hourly rates.
Reimbursable expenses include costs associated with plan, specification and report reproduction,
permit fee, delivery cost, etc.
Rate Schedule is adjusted annually.
s
WSB
&-431IN aius lru
tVZ
n
EXHIBIT 3
INSURANCE
This contract shall be effective only upon the approval by the City of acceptable evidence of the
insurance detailed below Such insurance secured by the Contractor shall be issued by insurance
companies acceptable to the City and admitted in Minnesota. The insurance specified may be in
a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date
of execution of the contract and shall remain continuously in force for the duration of the
contract.
The Contractor and its contractors shall secure and maintain the following insurance.
a. Worker's Compensation insurance that meets the statutory obligations with Coverage B
Employer's Liability limits of at least $100,000 each accident, $500,000 disease policy limit
and $100,000 disease each employee.
b. Commercial General Liability insurance with limits of at least $1,000,000 general aggregate,
$1,000,000 products completed operations $1,000,000 personal and advertising injury,
$1,000,000 each occurrence $50,000 fire damage, and $5,000 medical expense any one
person. The policy shall be on an "occurrence" basis, shall include contractual liability
coverage and the City shall be named an additional insured.
c. Commercial Automobile Liability insurance covering all owned, non -owned and hired
automobiles with limits of at least $1,000,000 per accident.
d. Professional Liability. Professional (or "errors Omissions Liability Insurance in the
amount of at least $1,000,000 Each Occurrence (or "wrongful Act" or equivalent) and, if
applicable, aggregate, covering contractor's liability for negligent acts, errors or omissions in
the performance of professional services in connection with the work. Contractor's
Professional Liability Insurance may afford coverage on an occurrence basis or on a claims
made basis It is, however, acknowledged and agreed to by the contractor that claims -made
coverage changes in insurers or the liability insurance protection intended for the City.
Therefore, contractor agrees that it will not seek or voluntarily accept any such change in its
Professional Liability Insurance coverage if such impairment of the protection for the City
could result, and further, that it will exercise its nghts under any "extended Reporting
Period" "tail coverage or similar claims -made policy option if necessary or appropriate to
avoiding impairment of such protection. Contractor further agrees that it will, throughout the
entire period of required coverage and for an additional period of two (2) years following
final acceptance of the work, immediately (a) advise the City of any intended or pending
change in Professional Liability insurers or in policy forms, and provide the City with all
pertinent information that the City may responsibly request to determine compliance with
this subsection, and (b) advise the City of any claims or threats of claims that might
reasonably be expected to reduce the amount of such insurance remaining available for the
protection of the City.
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Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the
contractor. Any policy deductibles or retention shall be the responsibility of the contractor. The
contractor shall control any special or unusual hazards and be responsible for any damages that
result from those hazards The City does not represent that the insurance requirements are
sufficient to protect the contractor's interest or provide adequate coverage.
Evidence of coverage is to be provided on a City provided Certificate of Insurance A thirty (30)
day written notice is required if the policy is canceled, not renewed or materially changed.
The contractor shall require any of its subcontractors, if allowable under this contract, to comply
with these provisions. Acceptance of the insurance by the City shall not relieve, limit or
decrease the liability of the Contractor. Any policy deductibles or retention shall be the
responsibility of the Contractor. The Contractor shall control any special or unusual hazards and
be responsible for any damages that result from those hazards. The City does not represent that
the insurance requirements are sufficient to protect the Contractor's interest or provide adequate
coverage.
Evidence of coverage is to be provided an a City provided Certificate of Insurance. A thirty (30)
day written notice is required if the policy is canceled, not renewed or materially changed.
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