HomeMy WebLinkAboutContract 60205CITY OF FORT WORTH, TEXAS CSC No. 60205
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule
municipality ("CITY"), and Olsson, Inc, authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Marine Park Phase I City
Project No. 105005.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to
this Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $98,900.00 as set
forth 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.
Engineer shall provide monthly invoices to City. The Engineer shall provide the
City sufficient documentation, including but not limited to meeting the requirements set
forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer 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. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as
described below, and shall continue until the expiration of the funds or completion of
the subject matter contemplated herein pursuant to the schedule, whichever occurs
first. Unless specifically otherwise amended, the original term shall not exceed five
years from the original effective date.
City of Fort Worth, Texas CPN# 105005 Marine Park Phase I
Standard Agreement for Engineering Related Design Services Design Preparation
Date: Nov 23, 2021
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been m de.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans as
electronic files in .pdf format, or in a format as otherwise approved by CITY,
which shall become the property of the CITY. CITY may use such drawings
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in any manner it desires; provided, however, that the ENGINEER shall not be
liable for the use of such drawings for any project other than the PROJECT
described herein. The ENGINEER shall not provide hardcopies of any kind to
the CITY. E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on -site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
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Date: Nov 23, 2021
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. 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 the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in
City of Fort Worth, Texas CPN# 105005 Marine Park Phase I
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Date: Nov 23, 2021
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Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the City has goals for the full and
equitable participation of m nority business and/or women business
enterprises in City contracts greater than $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer'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 the Engineer
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
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Standard Agreement for Engineering Related Design Services Design Preparation
Date: Nov 23, 2021
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K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
City of Fort Worth, Texas CPN# 105005 Marine Park Phase I
Standard Agreement for Engineering Related Design Services Design Preparation
Date: Nov 23, 2021
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ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
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(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
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The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER 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.
D. Termination
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(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
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ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this 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. ENGINEER 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.
K. Contract Construction/No Waiver
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 interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
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term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER 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 ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time -employees and the 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, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
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§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm ntity or firearm rade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
P. Limitation of Liability
Notwithstanding any other provision of this Agreement, the CITY agrees that,
to the fullest extent permitted by law, ENGINEER's total liability to the CITY
for any and all injuries, claims, losses, expenses, damages, or claims
expenses of any kind arising from any services provided by or through
ENGINEER under this Agreement, shall not exceed the amount of
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ENGINEER's fee earned under this Agreement. The CITY acknowledges
that such causes include, but are not limited to, negligence, statutory
violations, misrepresentation, fraud, deceptive trade practices, breach of
fiduciary duties, strict liability, breach of contract and/or breach of strict or
implied warranty. This limitation of liability shall apply to all phases of
ENGINEER's services performed in connection with the Project(s), whether
subsequent to or prior to the execution of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. 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 this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
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
Jesica McEachern
Assistant City Manager
Date: Oct 3, 2023
ATTEST:
Jannette Goodall
City Secretary
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Katherine Cenicola (Oct 3, 2023 11:45 CDT)
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Date: Nov 23, 2021
Page 14 of 15
BY: ENGINEER
Olsson, Inc.
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Wyatt,Popp (Sep 22, 2023 20:12 CDT)
Wyatt Popp
Vice President
Date: Sep 22, 2023
CPN# 105005 Marine Park Phase I
Design Preparation
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
APPROVAL RECOMMENDED:
By: 49pe fa,-, 7)��-4
Dave Lewis
Acting Director, Park & Recreation
APPROVED AS TO FORM AND LEGALITY Form 1295 No. N/A
Jeremy Anato Mensah M&C No. NA
Assistant City Attorney I M&C Date: NA
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements to the best of my ability.
Seth Henry, Project Manager
City of Fort Worth, Texas CPN# 105005 Marine Park Phase I
Standard Agreement for Engineering Related Design Services Design Preparation
Date: Nov 23, 2021
Page 15 of 15
ATTACHMENT A
SCOPE OF SERVICES
PROJECT DESCRIPTION AND LOCATION
Project will be located at: Marine Park, Fort Worth, TX
Project Description: Marine Park Phase I Park Design
SCOPE OF SERVICES
Olsson shall provide the following services (Scope of Services) to CITY for the Project:
Phase 100 — Project Initiation, Project and Community Meetings
Olsson will conduct project management throughout the project for their work. Olsson will
coordinate with Client to establish schedules and milestones for the project.
Olsson will meet with the Client for a Project Kick -Off Meeting to perform the following:
Review Project scope, schedule and key milestones and roles.
Review and evaluate the design program for the Project. The meeting shall discuss the
minimum program identifying function(s) of the space, design elements, amenities,
requirements, access/egress, and required coordination.
Review with Client and design team to verify status of site design, zoning requirements, and
site improvement issues.
Olsson will attend up to six (6) design phase Progress Meetings with the City during the project.
The design phase meetings shall be for reporting progress, issues, milestones, schedules, or
whatever else is pertinent to that phase of the project. Additional meetings shall be considered
additional services.
Olsson will participate in up to four (4) meetings with community members, associations,
stakeholders, or elected officials for the project. The meetings will be to discuss the project,
present information, and receive feedback. The City shall plan, organize, schedule, run and
coordinate the meetings. Translation services, if needed, shall be considered additional services.
Deliverables:
• Memoranda, as needed
Meeting(s):
• One (1) Virtual Kick -Off Meeting
• Up to four (4) Community Meetings)
• Up to six (6) Client Progress Meetings
Page 1 of 8
Phase 200 — Marine Park Design
Task 210 — Data Collection, Survey, and Base Mapping
Olsson will review Project relevant codes and ordinances.
Olsson will review available base map information provided by Client. Olsson will
assemble a base map to be used for the work as provided by the Client and will not be a
surveyed base map. Client and Client's consultants shall provide current and accurate
available base information to Olsson. It is assumed a survey for the project area is not
required. If a survey is required, it will be considered additional services.
Deliverables:
❑ Base Map
Meeting(s):
❑ None
Task 220 — Schematic 30% Design Plans
Olsson will prepare schematic design plans for the project. The schematic plans will focus
on providing lighting, safety and visibility improvements, and updated site furnishings. The
plans will address the project elements, their basic layout and arrangement.
Olsson will prepare site lighting and lighting photometrics for the project area to include:
Lighting design for existing site luminaires replacement to LED type including water
park and playground lighting.
Lighting design for replacement of existing fixtures and new power receptacles
addition for existing red roof pavilion and historic bandshell. Lights shall be in
vandal proof security cage.
Demolition plan if required.
LED luminaire and pole specifications for the replacement luminaires and poles.
Park photometric plan.
Lighting details and pole base design.
One site visit for existing conditions assessment and data collection.
It is assumed that all wiring stays in place and is useable for all replacement work. It is
assumed that existing lighting circuits and controls are sufficient and will remain. If new or
replacement wiring, circuiting, or control design is required it shall be considered additional
services.
Olsson will review all site furnishings in the project area. Olsson will identify new site
furnishings to be utilized for the project area. Furnishings shall be compatible with new
lighting. Site furnishings include benches, tables, trash receptacles.
Olsson will meet with the community, per the meetings identified in Phase 100 above to
solicit ideas and comments for the schematic plans. These comments shall be
incorporated into the revised Schematic Plans.
Olsson shall submit the Schematic Plans for review and comment by the City. The City
shall provide a single written and collated set of comments for revision and incorporation
for further development of the project.
Page 2 of 8
Olsson shall prepare an Opinion of Probable Cost for the Schematic Plans.
Olsson will conduct one (1) Site Visits during Schematic Design to observe and record site
conditions.
Deliverables:
❑ Schematic Design 30% Design Plans
Meeting(s):
❑ Two (2) Site Visits
❑ Schematic Design 30% Design Plan Review Meeting
Task 230 — Construction Documents 90% Design Plans
Olsson will prepare Construction Documents for the Schematic Design Plans. The
Construction Document Plans will continue to develop the Schematic Plans and their
elements. Comments received from the Schematic Design Review shall be incorporated
into the plans. The Plans provided will include:
a. Site Plan
b. Erosion Control
c. Demo Plan
d. Layout Plan
e. Lighting Plan
f. Site Furnishings Plan
g. Details
Olsson will prepare technical specifications for the work per City standards.
Olsson will update Opinion of Probable Cost for the proposed improvements.
City shall prepare project manual.
Olsson will attend one (1) Construction Document 90% Design Plans review meeting with
the City. The City shall provide a single written and collated set of review comments for
revision and inclusion in the final For Construction 100% Design Plans.
Deliverables:
❑ Construction Document 90% Design Plans
Meeting(s):
Construction Document 90% Design Plan Review Meeting
Task 240 — For Construction 100% Design Plans
Olsson will prepare For Construction 100% Design Plans, based upon the Construction
Document 90% Design Plans and comments from the City. The plans will be suitable for
bidding of the desired improvements.
Olsson will prepare technical specifications for the work per City standards.
Olsson will update Opinion of Probable Cost for the proposed improvements.
Page 3 of 8
City shall prepare project manual.
Olsson will attend one (1) Construction Document 100% Design Plans review meeting
with the City. The City shall provide a single written and collated set of review comments
for revision and inclusion in the final For Construction 100% Design Plans.
Final For Construction 100% Design Plans will be incorporated into one for bid set of plans
with the design plans from Phase 300, Task 340, below.
Deliverables:
❑ Final For Construction 100% Design Plans
Meeting(s):
F- For Construction 100% Design Plan Review Meeting
Task 250 — Bidding Assistance
Olsson shall attend one (1) Pre -Bid Conference conducted by the Client.
Olsson provide responses to requests for information (RFI) and issue Addenda as
appropriate during bidding phase of project in electronic format.
Olsson will assist the Client in analysis of bids and bid award recommendation. Olsson
will not create a bid tabulation spreadsheet of the bids received. Olsson will only review
the bid tabulations to check for completeness and discrepancies or inaccuracies.
Deliverables:
❑ RFI as required in electronic format.
❑ Addenda as required in electronic format.
Meetings:
One (1) Pre -Bid Conference conducted by the Client
Task 260 — Construction Administration
Olsson will attend one (1) Construction Kick -Off Conference conducted by the Client.
Olsson will review submittals and shop drawings and provide responses as appropriate in
electronic format.
Olsson will attend up to three (3) Project Contractor Review Meetings conducted by
others. Olsson will not provide site visits or observation, review, evaluation, or inspection
of any work during construction. Site visit and site observation meetings requested shall
be considered additional services.
Olsson will perform one (1) punchlist walkthrough of each park upon notification by the
Client to review work completed under this scope only. Olsson will prepare a summary of
observations.
Deliverables:
❑ RFI and ASI as required in electronic format
Shop Drawing and submittal review memoranda, as required in electronic format
Page 4 of 8
❑ One (1) Project Punchlist report
Meetings:
One (1) Construction Kick -Off Conference conducted by the Client
F One Project Site Punchlist Review
Up to Three (3) Project Contractor Review Meetings
Phase 300 — QT Alley Design
Task 310 — Data Collection, Survey, and Base Mapping
Olsson will review Project relevant codes and ordinances.
Olsson will prepare a boundary and improvement topographic survey. Olsson shall
provide a topographic design survey, including boundary, for (the alley way of Block 51,
North Fort Worth Addition) the shaded area, as shown on the attached Exhibit A. Survey
shall depict all observed evidence of utilities, substantial improvements (including
billboards, signs, landscaped areas, and walls), vertical relief of existing contours at one
(1)-foot intervals, and visible/observed existing feature locations (pavement, buildings,
storm, sanitary sewer structures, pipe sizes, flow lines, and materials). Utility companies
will be contacted through Texas 811, and marked utilities will be shown. Horizontal control
shall be tied to the Texas State Plane Coordinate System, NAD 1983 North CentralZone
4202 and Vertical Datum shown on NAVD 1988 or if the city requires, we will utilize city
benchmarks.
Olsson will review additional available base map information provided by Client. Olsson
will assemble a base map to be used for the work as provided by the Client. Client and
Client's consultants shall provide current and accurate base information to Olsson.
Deliverables:
❑ Survey of Project Area
❑ Base Map
Meeting(s):
❑ None
Task 320 — Schematic 30% Design Plans
Olsson will prepare (2) concept plans for the project area. The plans will focus on providing
a safe walking surface, ADA accessibility, safety and visibility improvements, lighting,
railings, fencing and screening, and site furnishings. The concepts will address the project
elements, their basic layout and arrangement. The existing improved alley north of the
project area shall be used as a design precedent. The concept shall be hand -drawn and
color -rendered and may be accompanied by imaged and sketches as needed to convey
design intent.
Olsson will meet with the community, per the meetings identified in Phase 100 above to
solicit ideas and comments for the concept plans. These comments shall be incorporated
into the preferred alternative and Schematic Plans.
Olsson shall submit the concepts for review and comment by the City. The City shall
provide a single written and collated set of comments and direction indicating a preferred
Page 5 of 8
alternative plan and additional comments for revision and development of Schematic
Plans.
Olsson will revise the preferred concept plan, per the comments received. This revised
plan shall be considered 30% Schematic Design Plans.
Olsson shall prepare an Opinion of Probable Cost for the Schematic Plans.
Olsson will conduct one (1) Site Visits during Schematic Design to observe and record site
conditions.
Deliverables:
F- Two (2) Concept Plans, with supporting images as needed
❑ Schematic Design 30% Design Plans
Meeting(s):
❑ One (1) Site Visit
❑ Schematic Design 30% Design Plan Review Meeting
Task 330 — Construction Documents 90% Design Plans
Olsson will prepare Construction Documents for the approved Schematic Development
Plans. The Construction Document Plans will continue to develop the Schematic Plans
and their elements. The Plans provided will include:
h. Site Plan
i. Erosion Control
j. Demo Plan
k. Layout Plan
I. Grading Plan
m. Utilities Plan
n. Lighting Plan
o. Landscape Plan (if needed)
p. Irrigation Plan (if needed)
q. Details
Olsson will prepare technical specifications for the work per City standards.
Olsson will update Opinion of Probable Cost for the proposed improvements.
City shall prepare project manual.
Olsson will attend one (1) Construction Document 90% Design Plans review meeting with
the City. The City shall provide a single written and collated set of review comments for
revision and inclusion in the final For Construction 100% Design Plans.
Deliverables:
❑ Construction Document 90% Design Plans
Meeting(s):
F- Construction Document 90% Design Plan Review Meeting
Task 340 — For Construction 100% Design Plans
Page 6 of 8
Olsson will prepare For Construction 100% Design Plans, based upon the Construction
Document 90% Design Plans and comments from the City. The plans will be suitable for
bidding of the desired improvements.
Olsson will submit plans to a Registered Accessibility Specialist (RAS) licensed by Texas
Department of Licensing and Regulation (TDLR) for accessibility review. Olsson will
receive comments and update design and plans per comments.
Olsson will prepare technical specifications for the work per City standards.
Olsson will update Opinion of Probable Cost for the proposed improvements.
City shall prepare project manual.
Olsson will attend one (1) Construction Document 100% Design Plans review meeting
with the City. The City shall provide a single written and collated set of review comments
for revision and inclusion in the final For Construction 100% Design Plans.
Final For Construction 100% Design Plans will be incorporated into one for bid set of plans
with the design plans from Phase 200, Task 240, above.
Deliverables:
F Final For Construction 100% Design Plans
Meeting(s):
❑ For Construction 100% Design Plan Review Meeting
ASSUMPTIONS
• Meetings included may be virtual
• Revisions included are for one (1) revision. Additional revisions shall be additional service
• All existing wiring in Marine Park will remain in place and will be used as is
• Existing lighting controls in Marine Park will remain and will be used as is
• Available data will be used for base maps for Marine Park work
• New survey is required for QT Alley work
EXCLUSIONS
• Survey for Marine Park
• Geotechnical testing and review
• Meetings not described above
• Building Architectural or Structural Design
• Site civil design of streets, curbs, parking lots, storm, sanitary, water, gas, and other
utilities
• Building electrical design, detailed life -cycle costs, and/or energy -use studies, energy
calculations, submittal forms required by authority having jurisdiction or environmental
services, and music system design
• Security/emergency system
• Wayfinding and signage
Page 7 of 8
• Coordination and revisions outside of the above Scope of Services. Additional
coordination, project delays, extensions, and revisions will be considered as additional
services.
• Value engineering revisions to plans
• Payment of submittal fees and expenses for governmental reviews
• Six and twelve-month review of project site after construction
• Construction Pay App reviews
Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for
such additional services (Optional Additional Services) at the standard hourly billing labor rate
charged for those employees actually performing the work, plus reimbursable expenses if any.
Olsson shall not commence work on Optional Additional Services without Client's prior written
approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
Page 8 of 8
ATTACHMENT B
COMPENSATION
The Project Compensation for the Agreement is indicated below.
CITY shall pay to Olsson for the performance of the Scope of Services a lump sum of Ninety Eight
Thousand Nine Hundred Dollars ($98,900.00) including reimbursables. Olsson shall submit
invoices on a monthly basis, and payment is due within 30 calendar days of invoice date.
Phase 100 — Project Initiation, Project and Community Meetings $16,800.00
Phase 200 — Marine Park Design $42,400.00
Phase 300 — QT Alley Design $39,700.00
Total Project Fee $98,900.00
ATTACHMENT C
Amendments to Standard Agreement for Engineering Services
The Amendments to Standard Agreement for Engineering Services for the Agreement is indicated
below.
Article IV, D Preparation of Engineering Drawings.
The ENGINEER will provide to the CITY the original drawings of all plans as
electronic files in .pdf format, or in a format as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any manner
it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein. The
ENGINEER shall not provide hardcopies of any kind to the CITY.
2. Attachment F Insurance Requirements
Olsson has a $500,000 retention on the professional liability policy
ATTACHMENT D
SCHEDULE
The Project Schedule for the Agreement is indicated below.
SCHEDULE FOR OLSSON'S SERVICES
Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows:
Anticipated Start Date: October 2023
Anticipated Completion Date: October 2024
Phase 100 — Project Initiation, Project and Community Meetings — October 2023 to October 2024
Phase 200 — Marine Park Design —
Task 210, 220, 230, 240 - October 2023 to April 2024
Task 250 — April 2024 to May 2024
Task 260 — May 2024 to October 2024
Phase 300 — QT Alley Design —
Task 310, 320, 330, 340 - October 2023 to April 2024
Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services
on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated
Completion Date, and any milestone dates are approximate only, and Olsson reserves the right
to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including,
but not limited to, delays caused by Client or delays caused by third parties. Olsson is not
responsible for the timing of bidding and construction administration Start and Completion Dates.
ATTACHMENT E
LOCATION MAP
The Location Map for the Agreement is indicated below.
Marine Park Location Map ey f �!•
7
Legend
Q Marine Park
0 Marine Park Swimming Pool
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
are covered bythe commercial general liability or commercial 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 Requirements 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 against City 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 Requirements 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 consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
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 coincident with 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 Requirements Page 3 of 3
Rev. 5.04.21