HomeMy WebLinkAboutContract 55871CSC No. 55871
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES
This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule
municipality ("City"), and Baird, Hampton & Brown, Inc., authorized to do business in Texas
("Consultant"), for a project generally described as: HROM Design Jump-Start 7("Project").
Article I
Scope of Services
(1) Consultant hereby agrees to perForm professional services as set forth in this
Agreement and the Scope of Services, attached hereto as Attachment "A"
("Services"). These Services shall be perFormed in connection with the Project.
(2) Additional services, if any, will be memorialized by an amendment to this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by City, its officers, agents,
employees, consultants, or contractors, or prepared by Consultant, shall be or
become the property of City, and shall be furnished to the City, prior to or at the time
such services are completed, or upon termination or expiration of Agreement.
Article II
Compensation
Consultant shall be compensated an amount up to $45,000 ("Contract Amount") in
accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered
full compensation for all labor (including all benefits, overhead and markups), materials,
supplies, and equipment necessary to complete the Services.
Consultant shall provide monthly invoices to City. Payments for services rendered shall be
made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch.
2251).
Acceptance by Consultant of said payment shall release City from all claims or liabilities
under this Agreement for anything related to, performed, or furnished in connection with the
Services for which payment is made, including any act or omission of City in connection with
such Services.
Article III
Term
Time is of the essence. The term of this Agreement shall commence on the Effective Date and
shall continue until the expiration of the funds or completion of the subject matter pursuant to
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 1 of 8
�FFICIAL RECORD
CITY SECRETARY
FT. VIlORTH, TX
the schedule, whichever occurs first, unless terminated in accordance with the terms of this
Agreement. Unless specifically otherwise amended, the original term shall not exceed five
years from the original effective date.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Consultant shall have exclusive control of and the exclusive right
to control the details of the work to be performed hereunder and of all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors. The doctrine of respondeat superior shall not
apply as between City and Consultant, its officers, agents, employees, contractors, and
subcontractors, and nothing herein shall be construed as creating a partnership or joint venture
between City and Consultant.
Article V
Professional Competence
Work performed by Consultant shall comply in all aspects with all applicable local, state and
federal laws and with all applicable, standards, codes, rules and/or regulations promulgated
by local, state and national boards, bureaus and agencies. Approval to proceed by City of
Consultant's work or work product shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of its perFormance of the Services.
Article VI
Indemnification
CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUD/NG DEATH, THAT
MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH
OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR
NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 2 of 8
Article VII
Insurance
Consultant shall not commence work under this Agreement until it has obtained all insurance
required under Attachment F and City has approved such insurance.
Article VIII
Force Majeure
City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural
disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Article IX
Transfer or Assignment
Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest
in this Agreement without prior written consent of City.
Article X
Termination of Contract
(1) City may terminate this Agreement for convenience by providing written notice to
Consultant at least 30-days prior to the date of termination, unless Consultant agrees
in writing to an earlier termination date.
(2) Either City or Consultant may terminate this Agreement for cause if either party fails
to substantially perForm, through no fault of the other and the nonperForming party
does not commence correction of such nonperformance within 5 days after receipt of
written notice or thereafter fails to diligently pursue the correction to completion.
(3) If City chooses to terminate this Agreement, upon receipt of notice of termination by
Consultant, Consultant shall discontinue Services on the date such termination is
effective. City shall compensate Consultant for such services rendered based upon
Article II of this Agreement and in accordance with Exhibit "B".
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 3 of 8
Article XI
Right to Audit
(1) Consultant agrees that City shall, until the expiration of three (3) years after final
payment under Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to Agreement. Consultant agrees that City shall have access during normal
working hours to all necessary facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section.
City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontractor agrees that City shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such
subcontractor(s), involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article. City shall give Consultant and any
subcontractor reasonable advance notice of intended audit.
(3) Consultant and subcontractor(s) agree to photocopy such documents as may be
requested by City. City agrees to reimburse Consultant for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
Article XII
Business Equity Participation
City has goals for the full and equitable participation of minority business and/or women
business enterprises in City contracts greater than $100,000. In accordance with City's
Business Equity Ordinance (Ordinance No. 24535-11-2020 as codified in Chapter 20, Article
X of the City's Code of Ordinances, as amended, and any relevant policy or guidance
documents), Consultant acknowledges the MBE and WBE goals established for Agreement
and its execution of this Agreement is Consultant's written commitment to meet the prescribed
MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by Consultant may result in the termination
of Agreement and debarment from participating in City contracts for a period of time of not less
than three (3) years.
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 4 of 8
Article XIII
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect Agreement
and the work hereunder, and shall observe and comply with all orders, laws ordinances and
regulations which may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. Consultant agrees to defend, indemnify and hold harmless City and all of its
officers, agents and employees from and against all claims or liability arising out of the violation
of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its
subcontractor(s).
Article XIV
Immigration Nationality Act
Consultant shall verify the identity and employment eligibility of its employees and
employees of all subcontractor(s) who perform work under Agreement, including completing
the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall
provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who perForms work under Agreement. Consultant shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services will
be perFormed by any Consultant employee who is not legally eligible to perForm such
services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant,
shall have the right to immediately terminate Agreement for violations of this provision by
Consultant.
Article XV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision
of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas — Fort Worth Division.
Agreement shall be construed in accordance with the laws of the State of Texas.
Article XVI
Contract Construction
The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed
and revised Agreement and that the normal rule of contract construction, to the effect that
any ambiguities are to be resolved against the drafting party, must not be employed in the
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 5 of 8
interpretation of Agreement or any amendments or exhibits hereto. The failure of City or
Consultant to insist upon the perFormance of any term or provision of this Agreement or to
exercise any right granted herein shall not constitute a waiver of City's or Consultant's
respective right to insist upon appropriate perFormance or to assert any such right on any
future occasion
Article XVII
Severability
The provisions of Agreement are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of Agreement and the application of such
word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other
persons or circumstances shall not be affected thereby and Agreement shall be construed
as if such invalid or unconstitutional portion had never been contained therein.
Article XVIII
Notices
Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or
via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the
address of the other Party shown below:
City of Fort Worth
Attn: Justin Naylor, P.E., CFM, PMP
TPW Capital Delivery
200 Texas Street
Fort Worth, Texas 102
Consultant:
Baird, Hampton & Brown, Inc.
Attn: Konstantine Bakintas
3801 William D Tate, Suite 500
Grapevine, TX 76051
All other notices may be provided as described above or via electronic means.
Article XIX
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of
the Texas Government Code, if Consultant has 10 or more full time-employees and the
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 6 of 8
contract value is $100,000 or more, the City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Consultant certifies that Consultant's signature provides written verification
to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Article XX
Headings
The headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of Agreement.
Article XXI
Attachments, Schedules and Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
The following attachments and schedules are hereby made a part of Agreement:
Attachment A- Scope of Services
Attachment B — Compensation
Attachment C- Changes to Agreement
Attachment D- Project Schedule -►vot App�icab�e
Attachment E- Location Map - Not App�icab�e
Attachment F — Insurance Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE AND ATTACHMENTS TO FOLLOW
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 7 of 8
Duly executed by each party's designated representative to be effective on the date subscribed
by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
BY:
CONSULTANT
Baird, Hampton & Brown, Inc.
�c� 8li���.�.�
Dana Burghdoff (Jun P, 20 17:44CDT
Dana Burghdoff
Assistant City Manager
Date: �un 17, 2021
APPROVAL RECOMMENDED:
���
B�:WJohnson(Ju 16,202115:OSCDT)
William M. Johnson, Director,
Transportation & Public Works
Contract Compliance Manager:
;�� � ,� ,� �-�� ���.
� J���'^:ij��-? -�a� �7�L��,,.,,
1
Konstantine Bakintas, PE
President
Date: 06/09/21
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all perFormance and reporting Form 1295 No. N/A
requirements.
M&C No.: N/A
c���G�e� C�•.,.c l,d,.�
Michael Crenshaw, P.E., CFM
Professional Engineer
M&C Date: N/A
APPROVED AS TO FORM AND LEGALITY
8�'
gV/: DBlack (Jun 17, 202113:17 CDT)
7
Douglas Black
Assistant City Attorney
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: April 7, 2021
Page 8 of 8
ATTEST:
������
Mary J. Kayser
City Secretary
�FFICIAL RECORD
CITY SECRETARY
FT. VIlORTH, TX
ATTACHMENT "A"
Scope for Enqineerinq Desiqn Related Services for Storm Water Improvements Proiects
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project. Under this scope, "ENGINEER"
is expanded to include any sub-consultant, including surveyor, employed or contracted by
the ENGINEER.
OBJECTIVE
The objective of the work to be performed under this Task Order Agreement is to collaborate
in an efficient and effective knowledge transfer from Freese and Nichols Inc (FNI) on
Hazardous Roadway Overtopping Mitigation (HROM) projects in the project development
phase so that the design consultant has a full understanding of the project objectives and
design requirements.
WORK TO BE PERFORMED
Engineer herby agrees to perform the work for this Task Order Agreement as requested and
in collaborative manner with FNI. It is understood that for the purpose of this Task Order
Agreement, the Project Manager and the program team with FNI is the lead engineer for the
development phase of the HROM program. The Design Consultant is expected to
participate in the following general tasks; however, any decisions and directives shall be the
responsibility of FNI. Tasks listed should not be construed as a comprehensive list of tasks
nor should they all be expected to occur.
- Attend a meeting with FNI after alternative selection to provide input on potential
risks.
- Attend a Schematic Design Review Meeting.
- Attend Review Meeting, Review Schematic, and Provide Written Comments as
Requested.
- Attend a Project Handoff Meeting to Transfer Data and Discuss Design Details.
- Provide comments on specifics of data to be transferred: file types, survey
datum, etc.
- Assistance in transition from project development to project evaluation
- Evaluation of potential easement or ROW acquisition
- Provide survey metes and bounds and other services as needed for HROM site
evaluation.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 1 of 22
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existinq Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are perFormed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection
and re-bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 2 of 2
ATTACHMENT B
COMPENSATION
Design Services for
Haltom Road Hazardous Roadway Overtopping Mitigation
City Project No.102503
Time and Materials with Rate Schedule Project
Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Cateqory Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries,
overhead, and profit. Said rate table is effective for one year, from contract date.
ENGINEERING & LANDSCAPE ARCHITECTURE
Engineering & Management,
Principal/VP - Director $ 250.00
Project Management $ 170.00
Engineering Services, Senior PE $ 170.00
Engineering Services - PE $ 120.00
Engineering Services - EIT $ 95.00
Design Services, Senior Designer $ 120.00
Design Services by Designer $ 90.00
CAD/Drafting Services $ 70.00
Landscape Architectural Services - LA $ 120.00
Landscape Architect Intern $ 85.00
Clerical Services $ 60.00
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
LAND SURVEYING SERVICE'.
Surveying & Management, $
Principal/VP - Director
Surveying Services, Senior RPLS $
Surveying Services, RPLS $
Surveying Services, Senior Tech. $
CAD/Technical Survey Services $
Land Surveying Research $
Field Surveying - 1 Person Crew
Field Surveying - 2 Person Crew
Field Surveying - 3 Person Crew
Construction Staking — 2 Person
GIS Technical Services
►
►
.
►
►
250.00 /hr
170.00 /hr
145.00 /hr
120.00 /hr
90.00 /hr
90.00 /hr
145.00 /hr
175.00 /hr
195.00 /hr
195.00 /hr
75.00 /hr
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 4
�
ATTACHMENT B
COMPENSATION
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department, monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 2 of 4
�
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility � Fee Amount %
Prime Consultant
Baird, Hampton & Brown Prof. Services Consultant 45,000.00 100
Proposed MBE/SBE Sub-Consultants
n/a 0%
Non-MBE/SBE Consultants
n/a 0%
TOTAL $45,000.00 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
%
Haltom Road Hazardous Roadway $45,000.00 $-0- -0-%
Overto in Miti ation
City MBE/SBE Goal = 0% Consultant Commtted Goal = 0%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 3 of 4
�
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 4 of 4
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Haltom Road Hazardous Roadway Overtopping Mitigation
City Project No.102503
<List any changes to the Standard Agreement>
f�11_1
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
ATTACHMENT "D"
PROJECT SCHEDULE
Haltom Road Hazardous Roadway Overtopping Mitigation
City Project No.102503
NOT APPLICABLE
ATTACHMENT "E"
LOCATION MAP
Haltom Road Hazardous Roadway Overtopping Mitigation
City Project No.102503
NOT APPLICABLE
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
arecovered bythe commercial general liabilityorcommercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos, when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requiremerits Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights againstCity and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Requiremerits Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion, may consentto alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters ofcredit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincidentwith or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requiremerits Page 3 of 3
Rev. 5.04.21