R2021-65 Resolution Authorizing City Manager to Enter into a Professional Services Agreement with Dewberry Architects, Inc. for Design, Bidding, and Construction Oversight Services for New Fire Station No. 7

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practicing in the same or similar locality under the same or similar circumstances("standard of care-). Notwithstanding anything to the contrary,all Services shall be subject to,and judged solely against,the standard of care set forth in the previous sentence,and the Architect makes no warranties,express or implied,regarding the provision of professional services,the instruments of service,or the outcome of the Project.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.In the event Architect is hindered,delayed or prevented from performing its obligations under this Agreement as a result of any fire,flood,landslide,tornado or other act of God,malicious mischief,theft,strike, lockout,other labor problems,shortages of material or labor,failure of any governmental agency or Owner to furnish information or to approve or to disapprove Architect's work or any other cause beyond the reasonable control of Architect,the time and compensation for completion of Architect's work shall be equitably adjusted to account for the increase in the cost and amount of time required to perform the services resulting from such delay. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than One Million and No/100 Dollars($ 1,000,000 )for each occurrence and Two Million and No/100 Dollars($2,000,000)in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than Two Million and No/100 Dollars($2,000,000)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5A Workers'Compensation at statutory limits. § 2.5.5 Employers'Liability with policy limits not less than One Million and No/100 Dollars ($ 1,000,000)each accident, One Million and No/100 Dollars ($ 1,000,000)each employee,and One Million and No/100 Dollars ($ 1,000,000)policy limit. § 2.3.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than Two Million and No/100 Dollars ($2,000,000)per claim and Two Million and No/100 Dollars (S 2,000,000)in the aggregate. § 2.5.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. Init. AIA Document 13701"—2017.Copyright m 1974,197a,1987,1997,2007 and 2017 by The Amwicm Institute of Architeds.All rights reserved.The'Amencan nslitule of Architects,'.AIA'the AIA Logo,and`AIA Contract Documents'are registered trademarks and may not be used without perm ssion This documentwas / produced by AIA software at 14:36:09 ET on 04/14/2021 under Order No2035534887 which expires on 04/10/2022,is not for resale,is pcertsed for one-gme use 6 only,and may only be used In accordance with the AIA Contract Documeniss Terms of Service,To report copyright violations,e-ele colicens t for o e User Notes: (1749244472)