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AGREEMENT WITH HDR ENGINEERING INC.
FOR DESIGN PROFESSIONAL SERVICES
FOR
CITYWIDE SURFACE TREATEMENT PACKAGE 4A-1 AND PACKAGE 4A-2 This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and HDR Engineering Inc., a corporation, (“CONSULTANT”), whose address is 505 14th Street, Suite 1110, Oakland CA 94612:
RECITALS:
A. CITY desires certain professional engineering design services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these professional engineering design services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of agreement and be completed by December 31, 2027. The term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of the CONSULTANT.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. CITY shall pay all undisputed amounts within 30 days following receipt of CONSULTANT’s payment request. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee, on a time and expense reimbursement basis, in an amount not to exceed $584,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Any modification or reuse of such documents for purposes other than those intended by this Agreement shall be at CITY’s sole risk and without liability to CONSULTANT.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work with the care and skill ordinarily used by members of CONSULTANT’s profession practicing under the same or similar circumstances at the same locality, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 – SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: City of San Mateo
Attn: Stephanie Piñon
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: HDR Engineering Inc.
Attn: Andrew Sekioka
505 14th Street, Suite 1110
Oakland, CA 94612
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Vikrant Sanghai
Its Authorized Agent
Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Holly Kennedy
Senior Vice President
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
PROJECT DESCRIPTION
CONSULTANT’s proposed scope of services includes evaluating the condition of the pavement of the street segments, conduct surveys, and recommend pavement rehabilitation solutions. CONSULTANT will prepare basis of design report, preliminary and final design plans, specifications and estimates for City to advertise the Citywide Surface Treatment Package 4A-1 and Package 4A-2 Project (Project).
SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT AND COORDINATION
CONSULTANT will prepare a preliminary Project schedule for the City’s review. The schedule will identify the critical path items, review times, and milestone deliverables. CONSULTANT will update and issue the revised Project schedule as necessary.
Task 1.2 - Project Kickoff Meeting and Initial Site Visit CONSULTANT (Project Manager and Staff Engineer) will coordinate and facilitate a Project kickoff meeting and an initial site visit with the City. The purpose of the meeting will be to gain approval of the proposed base schedule and to identify known Project issues. Meeting minutes will be prepared and distributed within five (5) working days of the meeting.
Task 1.3 - Project Review Meetings (Virtual)
CONSULTANT (Project Manager and Staff Engineer) will attend up to two (2) virtual meetings with the City. The primary purpose of each meeting will be to provide an overview of the milestone deliverable and review comments received for each milestone deliverable. A meeting will be held after the 30% PS&E deliverable and after the 90% PS&E deliverable for the City to provide comments on each.
CONSULTANT will discuss comments that require clarification from the City and obtain an agreement on the design team’s proposed methods to address the City’s comments. CONSULTANT will provide meeting minutes to the City and team members. Additionally, CONSULTANT will provide the City with a Project progress report and an invoice monthly.
Task 1.4 - Biweekly Meetings (Virtual)
CONSULTANT (Project Manager and Staff Engineer) will attend up to 20 virtual meetings with the City.
The primary purpose of each meeting will be to coordinate the design efforts and resolve issues that arise during the design process. We will present in-progress plans to the City to facilitate discussion.
Task 1.5 - Quality Control
CONSULTANT’s designated Quality Assurance/Quality Control (QA/QC) Manager will implement the QA/QC procedures established for the Project. The following QC procedures will be used in the development of the planning and engineering documents for the Project:
•Define key team members and their respective roles and responsibilities for the Project. •Identify, categorize, and incorporate correspondence, memoranda, and reports prepared for the Project within a distinct filing system that enables quick recovery upon request by the City. •Perform internal plan QC reviews by the Project Manager and task leaders to avoid conflicts and miscommunication.
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•Perform QA reviews by senior management who are not involved with the development of the Project documents at the 30% and 90% PS&E milestones before submittal to the City.
Task 1 Deliverables
•Baseline schedule
•Monthly project progress report and schedule submitted with invoice •Meeting agendas and minutes
TASK 2 – SITE INVESTIGATIONS
Task 2.1 - Field Reconnaissance and Investigation
CONSULTANT will conduct a field reconnaissance to assess the existing pavement conditions, identify areas of unstable subgrade (limits of dig-out repairs), and note locations of the existing utility manholes and valve covers. Existing ADA ramps will be field-measured, and ramp slopes will be calculated so that each ramp is ADA-compliant for streets requiring microsurfacing. CONSULTANT will also document existing curbs and gutters in need of repair.
Task 2.2 - Curb Ramp and Street Assessment Review
CONSULTANT will review the Curb Ramp Report provided by the City for each curb ramp within the street section improvement limits. CONSULTANT will assess each curb ramp for streets requiring microsurfacing and propose solutions required to meet the ADA design criteria.
Task 2.3 - Topographic Survey
The CONSULTANT Team will perform a field survey, taking survey data points at the top of curb, flow line, lip of gutter, and back of sidewalk at each curb ramp location for the following intersections anticipating curb ramp improvements associated with microsurfacing improvement only:
PMP-4A1
•5th Avenue at El Camino Real (2 curb ramps)
•5th Avenue at San Mateo Drive (2 curb ramps)
•5th Avenue at Laurel Avenue (1 curb ramp)
•5th Avenue at Ellsworth Avenue (3 curb ramps)
•5th Avenue at B Street (1 curb ramp)
•Alameda de Las Pulgas at Parrott Drive (3 curb ramps)
PMP-4A2
• • Hillsdale Boulevard at Scenic Way (1 curb ramp)
• • Hillsdale Boulevard at Countryside Drive (2 curb ramps) • • Norfolk Street at Oxford Avenue (2 curb ramps)
The topographic survey will also include the locations of surface-visible utilities (including dips of inlets and maintenance holes), utility boxes, vaults, lights, signs, fire hydrants, trees and their drip lines, and existing driveways in the vicinity of the curb ramps.
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The survey control will be based on the California State Plane Coordinate System, North American Datum of 1983 (NAD 83). The vertical control will be based on the City’s vertical datum. Topographic mapping will be created from the survey data and will be used as the base map for the design plans.
The City’s right-of-way will be based on available City as-built drawings and County record maps (parcel maps, record of surveys, subdivision maps).
Task 2.4 - Utility Investigations
CONSULTANT will conduct a search of potential utility owners (assumes up to 5 utility owners) who might have facilities within the Project limits. CONSULTANT will prepare utility request letters for the City to send to the owners, requesting record drawings of their facilities or confirming they do not have facilities that would be in conflict with the proposed improvements.
CONSULTANT will prepare a composite plan of existing utilities based on the information received from the utility owners and utility information received from the City. CONSULTANT will also identify potential conflicts between existing utilities and the proposed roadway improvements.
Task 2.5 – Utility Potholing (as needed)
CONSULTANT will prepare a potholing plan and discuss the proposed plan with the City. After reaching an agreement on the potholing plan, our potholing contractor will positively locate utilities with up to six (6) potholes. It is assumed that traffic control will be required and that fieldwork will be completed in two (2) days.
Task 2 Deliverables
•Topographic surveys
•Utility pothole report
TASK 3 – PRELIMINARY ENGINEERING
Task 3.1 – Development of Base Maps
CONSULTANT will compile the design base maps in AutoCAD, utilizing the aerial map supplemented with topographic survey, as needed.
Task 3.2 -30% Conceptual Plans
The 30% Conceptual Plans will include the following details:
•Project improvement limits, curb, gutter, ADA-compliant curb ramp improvements, identification of potential ponding areas, and pavement rehabilitation requirements. •New ADA-compliant ramp layouts with identification of potential impacts to existing utilities. At this time, discussions will be held to determine appropriate mitigation measures that minimizes impacts to the Project schedule.
•Identification of potential construction impacts associated with the pavement improvements, including loss of parking, impacts to businesses and residents, lane closure requirements, and detour routes (as needed).
Task 3 Deliverables
•30% design submittal including plans, specifications outline, and cost estimate •Technical review workshop agenda and minutes
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TASK 4 – PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
Based on the concurrence of preliminary design, CONSULTANT will prepare draft PS&E packages.
CONSULTANT will communicate with various agencies and utility companies as necessary to obtain information regarding the existing utilities and to identify utility conflicts. After receiving draft PS&E review comments from the City, CONSULTANT will prepare for and facilitate a design review workshop with City staff to review and resolve the City’s comments.
CONSULTANT will prepare and submit final construction contract documents incorporating all comments from previous reviews. The plans will be prepared using AutoCAD and plot at appropriate scales on 22- inch x 34-inch sheets. CONSULTANT will prepare specifications in the format of Caltrans standard specifications 2018 version. The City will provide City’s Standard Specification Template based on Caltrans 2018 for consultant’s use. All special provisions and technical specifications required for construction will conform to City and Caltrans specifications. CONSULTANT will assist the City in preparing the bid document including bid schedule and description of bid items.
CONSULTANT will develop a schedule of bid items to address all required contract work and prepare clear specifications for measurement and payment. Provisions for alternate items may be considered as an approach to keep the Project within budget. CONSULTANT will identify any physical work required for project implementation outside of the construction contract and provide recommendations for the procurement method.
Utility mapping and disposition will be shown on the layout plans. The disposition of existing signage that are impacted by the curb ramp reconstruction will be shown on the curb ramp detail plans.
The Plans anticipated to be included with each submittal are presented in the following table:
Plan Set # of Sheets
(4A-1)
# of Sheets
(4A-1)
Title 1 1
Vicinity Map 1 1
General Notes 1 1
Typical Sections 22 18
Layout Plans 90 69
Sign and Striping Plans 90 69
Const. Details 12 9
Total 217 168
Task 4 Deliverables
•90% PS&E submittal in electronic format (MS Word, Excel, and Adobe PDF) •Final PS&E submittals in electronic format (MS Word, Excel, and Adobe PDF) •Technical review workshop agenda and minutes
•Final quantity calculations and estimates
TASK 5 – BID SUPPORT
CONSULTANT will assist the City to respond to questions concerning the plans, specifications, and other bid documents prior to bid opening and prepare contract addenda, if needed. CONSULTANT will package the final PS&E into the construction contract bid documents and prepare electronic copies.
CONSULTANT will be available to answer any bidders inquiries and prepare addenda as needed to clarify the design intent on the plans and specifications.
Task 5 Deliverables
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•Contract addenda, if needed, for distribution by the City •Written responses to bidder questions for distribution by the City during bid phase Project Assumptions
CONSULTANT’s proposed scope of services and budget are provided based on the following assumptions.
•No change in overall roadway cross section
•The existing drainage systems have adequate capacity
•No new bicycle lanes/sidewalks are required
•The properties and schools will be maintained
•No intersection improvements other than ADA curb ramps will be included •No new R/W will be required
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EXHIBIT B
PAYMENT RATES
HDR ENGINEERING, INC - BILLING RATE SCHEDULE
Hourly Rate of FY 2024
(01/01/2024 - 12/31/2024)
TITLE MINIMUM MAXIMUM
Principal Engineer $330.00 $495.00
Supervising Engineer $270.00 $345.00
Senior Engineer $195.00 $315.00
Project Engineer $170.00 $285.00
Civil Engineer $120.00 $210.00
Staff Civil EIT $90.00 $165.00
Staff Civil Coordinator $90.00 $165.00
Senior Environmental Scientist $135.00 $210.00
Environmental Scientist II $120.00 $165.00
Environmental Scientist I $75.00 $120.00
Senior Biologist $165.00 $255.00
Biologist II $120.00 $165.00
Biologist I $75.00 $120.00
Senior Engineering Geologist $240.00 $285.00
Senior Geotechnical Engineer $210.00 $255.00
Senior Geologist $150.00 $240.00
Geologist II $135.00 $210.00
Geologist I $90.00 $135.00
Senior Technician $105.00 $165.00
Technician $75.00 $120.00
Technical Editor $90.00 $195.00
Project Accountant $105.00 $195.00
Project Coordinator $105.00 $195.00
•Unless expressed within the contract agreement, rates on all contracts are subject to an annual adjustment of a 5% escalation rate on January 1 of each calendar year. •Regular Mileage is per IRS rate or as otherwise specified in contract.
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as additional insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of Design Professional Services 2024 Page 2 of 16
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.
Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.