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