Loading...
HomeMy WebLinkAbout6.h. Approve Contract for Engineering ServicesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2003 AGENDA ITEM: APPROVE CONTRACT FOR ENGINEERING AGENDA SECTION: SERVICES CONSENT PREPARED BY: JAMIE VERBRUGGE, CITY ADMINISTRATOR AGEND " 1 6 ATTACHMENTS: WSB PROPOSAL APPROVED BY: The City of Rosemount previously entered into a contract with WSB & Associates, Inc., for engineering services. The original two -year contract in 2002 called for a $65,000 retainer that was subsequently reduced to $30,000 for 2003. WSB provides the City with two full time engineers, Andrew Brotzler and Anthony Aderhold, on -site to act, respectively, as City Engineer and Development Review Engineer. The City, in exchange, utilized WSB for all engineering services unless the needed service is beyond the scope of WSB's expertise or if the service would constitute some conflict of interest. The costs for engineering services that are project related are passed through to developers as a cost of development. The cost for engineering projects that are not related to development are billed at a lesser rate to the City as a component of total project budgeting. Finally, the cost for administrative and other work perfonned by Mr. Brotzler and Mr. Aderhold that does not involve specific project budgets or pass - through is covered by the annual retainer. The cost of the retainer is broken out for budgeting purposes and assigned 60% to the Utilities Fund and 40% to the General Fund. The breakout reflects the amount of retainer work related to those various areas. Brett Weis of WSB & Associates met with the City Council at the October 15, 2003 Committtee of the Whole meeting to discuss WSB's continuing interest and commitment working with the City of Rosemount. Council members discussed the retainer amount and directed staff and WSB to revisit the issue. A revised proposal was not available at the time of packet preparation. Any revisions for Council consideration would be presented prior to action on the item. The proposed contract is extended from the original two -year term to a three -year teen that would run 2004- 2006. RECOMMENDED ACTION: MOTION TO APPROVE A CONTRACT FOR ENGINEERING SERVICES WITH WSB & ASSOCIATES, INC. COUNCIL ACTION: August 29, 2003 Mr. Jamie Verbrugge, City Administrator City of Rosemount 2875 — 145` Street West Rosemount, MN 55068 Re: Amendment to the Professional Services Contract WSB Project No. 1005 -00 Dear Mr. Verbrugge: ( r' 2003 I am writing with regard to the proposed three -year contract extension for WSB's professional services contract with the City of Rosemount. The original contract, executed January 1, 2002, was originally approved by the Council for a period of two years. The contract does not reference a termination date; however, the Council enacted the two -year contract with their approving motion. Because there was not a stated' date, it does not appear that any contract wording modification is necessary. Through our discussions, we have agreed to a three -year contract extension, which would follow the existing wording in the Professional Services Contract, with the following clarifications: 1. Rate Schedule WSB would agree to limit the rate schedule increases on an annual basis to a maximum of 4% per year through the length of the contract extension. The rate schedules are provided on an annual basis. 2. Retainer WSB would propose to keep the annual retainer at $30,000 /year through the length of the contract extension. Development Review Engineer WSB placed a Development Review Engineer at City Hall in 2003 and would propose to continue that approach through the length of the contract. This individual was originally planned to office at City Hall three days per week; however, through this year it has become apparent that a more full - time position is necessary. We would propose to keep Anthony Aderhold in that position for the foreseeable future. We are excited to have the opportunity to continue our relationship with the City of Rosemount in this capacity. I can assure you that WSB is strongly committed to the City of Rosemount. We appreciate the staff and Council support in allowing us to execute the responsibilities of this important position. Minneapolis St. Cloud - Equal Opportunity Employer FAWPWIW00S- 00.082903 jv.doc Mr. Jamie Verbrugge, City Administrator August 29, 2003 Page 2 Please do not hesitate to contact me at 763 - 287 -7190 if there are any questions that I can address to you or the City Council. Thanks again for your commitment to WSB & Associates, Inc. Sincerely, WSB & Associates, Inc. Y , J� V � 6A_,) Bret A. Weiss, P.E. President lh/srb F \WPWIMI005- 00,082903- jv.doc y November 13, 2002 Mr. Tom Burt, City Administrator City of Rosemount 2875 —145`' Street West Rosemount, MN 55068 Re: Amendment to the Professional Services Contract WSB Project No. 1005 -00 Dear Mr. Burt: Attached please find the suggested wording change to our Professional Services Contract with the City of Rosemount related to the retainer amount. As we discussed, the retainer would be reduced from $65,000 per year to $30,000 per year to better reflect the effort related to providing city engineering services to the City of Rosemount. The transition to WSB & Associates, Inc., and Andy Brotzler in particular, as the City Engineer has been efficiently accomplished and will allow us to reduce the necessary retainer for completion of the day to day duties. It should be noted in the revised wording that all work associated with development will continue to be passed through at Andy's specified billing rate or any other individual who may be working on those projects. As we also discussed, we will provide a staff engineer to the City of Rosemount for completing additional duties that are not able to be currently completed by City staff as directed by the City Engineer. This individual will maintain office hours on an as needed basis to coordinate development - related review and coordination along with other responsibilities as assigned by Andy. To start with, it is anticipated that the office hours will be in the neighborhood of three days per week. We have very much appreciated the opportunity to provide services to you and the City of Rosemount in the year 2002 and look forward to continuing our relationship into the future. Please give me a call at (763) 287 -7190 if you have any questions or comments regarding these proposed amendments. Sincerely, WSB & Associates, Inc. Bret A. Weiss, P.E. President Attachments sb Minneapolis • St. Cloud • Equal Opportunity Employer f• WWAV00 -oo ti rsoz -uae„t t -- ----- --- - --- 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 $5,416.6 $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. Whenever- the n ,. in G4 Engineer i p ems ,_, in � e a inelu i th P ; 1„S FaL -h be $60 nn peF laeurs,lrr_ 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 in; se his 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. F •iWPWM003 -MP14 Sean r - seo, edoa PROFESSIONAL SERVICES AGREEMENT 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 Memorial 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 Engineer will provide services as described on Exhibit 1, attached hereto and hereby made a part hereof (hereinafter generally referred to as the "Proj ect "), 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 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. 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 in Exhibit 1, Engineer shall promptly notify the City of that fact. Additional work and additional compensation for such work must have the prior approval of City. Section 3.. Termination This Agreement may be terminated by either party upon thirty days' � written notice without cause. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CARD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Engineer pursuant to this Agreement and pertaining to the Project (hereina er "Instruments 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 Instlents of Service During the course of the work, the Engineer shall, if requested, matte 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 Instruments of Service upon (i) payment of amounts due and owing for work performed and expense incurred to the date and time of termination, and (ii) fulfillment of the City's obligation under this Agreement Any use or re -use of such : Instruments. of Service by the City or others CLL- 206477v1 1 RS215 -3 wu ��, GVVJ UU. - +o W-30 (k nJ1 I C1.) fbJ0411 fkOVJ PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the lst 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 Memorial 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 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 $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 560.00 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 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. 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 in Exhibit 1, Engineer shall promptly notify the City of that fact. Additional work and additional compensation for such work must have the prior approval of City. Section 3. Termination This Agreement may be terminated by either party upon thirty days' written 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 written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Engineer pursuant to this Agreement and pertaining to the Project (hereinafter "Instruments 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 Instruments of Service upon (i) payment of amounts due and owing for work performed and expense incurred to the date and time of temlination, and (ii) fulfillment of.the City's obligation under this Agreement. Any use or re -use of such Instruments of Service by the City or others CLL- 206477v 1 85215 -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 utility 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- 20G477v1 2 85215 -3 rn�u u autL)) UO•47 w-Ma a Mzouk-1H I t5 'fb.3J41'1'({01� r',4�b 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 alternate 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 experienced 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 detem7ining `their prices, 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 Engineer does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the Engineer. Section S. 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. Materials or processes containing asbestos. CLL- 206477v 1 3 RS215 -3 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 materials 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 materials, 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 written consent of the City. Section 10. Controlling Law This Agreement is to be governed by the laws 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 during the design or construction of the project or following the completion of the project, the City a 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, attorneys' 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 appropriate, any data and information not previously known to and generated by the Engineer or furnished to the Engineer and marked CONFIDENTTAL 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 wlien such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to defend itself from any suit or claim. CLI- 206477v1 4 RS215 -3 ae u-j U0 • JFJ W0D O, HJJUI. 1 H I t5 Yb35411700 P.08 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. WSB & ASSOCIATES, INC. Its k CITY OF ROSEMOUNT B 21 L - I � 4�� Its Mayor And Its Clerk CLL- 206477v 1 5 RS215 -3 EXHIBIT 1 RETAINER SERVICES THE PROJECT General City Engineering Including: 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. 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 engineering activities on projects and assigns consulting engineers; oversees project management for the construction of the municipal 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 private 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. 7. Directs the assessment process for recovery of municipal costs incurred on improvement projects. 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, answering questions, providing advice and suggestions. CLL- 206477 v I Rs215 -3 1 -1 I emu �- --- (tiJJ411(00 F. 10 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. CLL- 206477v 1 ItS215 3 1 -2 EXHIBIT 2 RATESCHEDULE se CU 20G477v1 RS215 -3 2 -1 Huu - Gk 1vJJ IBC 'b WSti & H55u1.1 H I t5 EXHIBIT 3 INSURANCE 7635411700 P.12 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 Iimits 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 rights 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. CLL -20 477vl RS215 -3 3 71 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 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. CLL- 2064770 RS21 S-3 3 -2 TOTAL P.13