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9 AGREEMENT WITH WATERWORKS INDUSTRIES, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
MARINA LAGOON VEGETATION AND WATER QUALITY MANAGEMENT
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 WATERWORKS INDUSTRIES, INC. a Corporation (“CONSULTANT”), whose address is 930 Shiloh Rd. Bldg 38, Ste. D, Windsor, CA 95492.
RECITALS:
A. CITY desires certain professional services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these professional 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.
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.
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9 SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of this Agreement and be completed March 31, 2028, with up to two (2) optional one-year extensions by the CITY.
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. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $1,552,009, with a total potential agreement in the amount of of $2,662,963 if both of the two (2) optional one-year extensions are exercised, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
Rates stated in Exhibit B are eligible for an annual consumer price index (CPI) increase of 3% beginning with Year 2 as follows: Year 1 = $500,828, Year 2 = $519,853, Year 3 = $531,328, Year 4 = $547,268, and Year 5 = $563,686. Note: Year 2 includes a one-time cost of $4,000 not subject to the CPI increase.
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.
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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9 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 contractor 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 performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. 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 - NON-ASSIGNABILITY
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 in the most skillful manner, 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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9 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 subcontractors 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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9 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: Matt Fabry
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Waterworks Industries, Inc.
Attn: Rich Carnation
930 Shiloh Rd. Bldg 38, Ste. D
Windsor, CA 95492
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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9 IN WITNESS WHEREOF, CITY OF SAN MATEO and WATERWORKS INDUSTRIES, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director Public Works
Date Rich Carnation
Its Authorized Agent
President
Date
APPROVED AS TO FORM
Linh P. Nyguen
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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9 EXHIBIT A
SCOPE OF SERVICES
Waterworks Industries, Inc. using subcontractor Blankinship, a Bowman Company, (“the Contractor”), will be responsible for water quality monitoring and regulatory compliance with the California State Water Resources Control Board (SWRCB) Aquatic Weed National Pollutant Discharge Elimination System Permit (“Permit”) and the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement No. 1600-2013-0268-R3 for Routine Maintenance Activities (“Agreement”) for the City of San Mateo (“City”) as described below.
Routine Inspection and Ambient Monitoring
The Contractor will perform regular surveys and inspections of the lagoon at a minimum of once per week from April 1st – September 30th in which the entire lagoon will be surveyed for aquatic weed and algae growth using either aquatic plant mapping software and/or physical grab samples.
The Contractor will perform more frequent inspections and monitoring contingent upon the duration and intensity of nuisance growth in the lagoon. Visual inspections of water quality and indicators of pollution (oil sheen, color, scum, etc.) will be performed during these inspections and will be recorded on weekly monitoring and service forms.
During the scheduled weekly visits, the Contractor will inspect the entire lagoon for trash and debris in the water and along the banks. All trash will be removed using hand labor and approved equipment. If larger debris is present in the lagoon the Contractor will utilize their boat mounted crane or mobilize a multipurpose aquatic vessels for the removal. Material that is removed from the lagoon will be sorted and recycled into the appropriate recycling class at the designated staging and offloading area.
Mechanical Control Methods
If the Contractor identifies that an area has reached the threshold sparse (0-25% cover), moderate (>25-50% cover), dense (>50-75% cover), or very dense (>75-100% cover), for needing mechanical aquatic weed control they will notify the City of San Mateo and advise which mechanical control method should be used such as harvesting including how many harvesters will be needed.
If the City of San Mateo approves the recommended mechanical control with harvesters, the Contractor will provide skilled staff and state of the art equipment which features Tier 4 and 4i diesel engines to comply with current EPA and California emissions requirements as well as utilization of Bioflo, a Hydraulic fluid specifically classified as an environmentally acceptable lubricant (EAL) per the EPA’s 2013 US Vessel General Permit (VGP) for use in hydraulic systems for equipment that operates on water system.
The Contractor will provide all other materials required to perform work safely and in a timely manner, pursuant to local, state and federal laws, and in accordance with the City’s Aquatic Pesticides Application Plan (APAP) and CDFW Agreement. If mechanical harvesting does occur on the lagoon it is understood that the aquatic vegetation as well as any floating material collected Professional Services Page 8 of 15
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9 at public beaches, private dock areas, and along shorelines can be stockpiled in a location designated by the City of San Mateo so that it can dry out and then be hauled off for disposal. If the City of San Mateo elects to haul off the wet and heavier material straight to the transfer station, the Contractor will provide the equipment to perform that option.
As required by the CDFW Agreement and described below, pre-harvesting nesting bird surveys will occur if harvesting occurs during the nesting bird season. Survey results will be reported to CDFW prior to initiation of harvesting in case any active nest buffer areas are needed. The Contractor will keep daily records of any mechanical work performed on the lagoon to help the City document the types, quantities, and locations of the various mechanical control methods employed.
CDFW Agreement Support
The Contractor will provide a qualified biologist and/or biological monitor on an as-needed basis to conduct nesting bird surveys and establish protective buffer areas around active nests to minimize impacts of project activities to nesting birds found in and around Marina Lagoon.
Nesting bird surveys will be conducted no more than 15 days prior to commencement of aquatic vegetation harvesting during the nesting bird season. Per the City’s CDFW Agreement, nesting bird season is defined as March 15 to August 30 for small bird species, and February 15 to September 15 for raptors.
The Contractor will consult with CDFW and United States Fish and Wildlife Service, as appropriate, if active nests are encountered in areas that may be affected by project activities.
Active nest buffers consistent with Section 2.22 of the Agreement will be established and nests will be monitored until project activities are complete or the young have fledged.
Aquatic Herbicide And Algaecide Treatments
Following routine lagoon inspections, the Contractor will notify the City of San Mateo of the need for a widgeon grass or algae treatment.
Following approval and proper public notice, the Contractor will perform imazamox treatments in designated areas as soon as the widgeon grass reaches a threshold of eight (8”) to twelve (12”) inches off the lagoon bottom in the spring. It is anticipated that a second treatment in late May to June will be necessary to meet management objectives. For the rest of the season, the Contractor would determine if aquatic weeds and or algae are reaching threshold levels that would trigger harvesting or an additional aquatic herbicide application. If this threshold is met, the Contractor will notify the City of San Mateo of the need for a treatment. Following approval and proper public notice these treatments would be performed.
Algae growth will be evaluated weekly. Reports of undesirable algae or vegetation from residents to the City will be investigated by the Contractor. If the density of algae is at or above a threshold impacting the beneficial uses of the lagoon, a treatment will be considered. Following approval and proper public notice, algae would be treated with products containing the active ingredients Sodium Carbonate Peroxyhydrate, Hydrogen Dioxide and/or Peroxyacetic Acid.
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9 Regulatory Compliance
The Contractor will use one application vessels based on the size and location of the treatment needed. The Contractor will fill out the designated forms to keep records of all treatments performed on the lagoon which will be used for record keeping and Permit compliance.
Kickoff and Planning Meeting
At least 15 days prior to the first use of aquatic herbicides in a calendar year, the City must notify potentially affected public agencies with a statement of the intent to apply algaecides and/or aquatic herbicides. Prior to the aquatic weed control season, the Contractor will assist the City with public notification requirements. This includes, but is not limited to, identifying potentially affected public agencies and providing guidance on which herbicides to identify in the notice, the purpose of their use, the time period and locations of expected use, and water use restrictions and/or precautions for the use of those materials.
The Contractor will meet with representatives from the City to discuss the applications planned for the Permit year and what changes, if any, are made to how algae and/or aquatic vegetation will be managed.
Sample Collection and Analysis
Based on the City’s APAP and NOI and historic application data, the Contractor will collect and submit for analysis appropriate surface water samples collected before (Pre-Application), during (Application) and after the application (Post-Application) according to Permit requirements. Pre- Application samples will be taken up to 24 hours before the start of treatment from within the treatment area. For full-lagoon applications, application samples will only be taken if water is leaving the system and will be collected from the receiving water near the point of discharge. For partial-lagoon applications, application samples will be taken directly outside of the treatment area. Post-application samples will be taken up to 7 days after the application has been deemed complete and will be collected from within the treatment area.
To avoid cross-contamination, different intermediate sampling containers will be used for each sample collected and any equipment that makes contact with a water body during sampling will be cleaned using a phosphate-free detergent product (e.g. Liquinox). Should there be any copper treatments, copper samples taken for the purpose of analyzing dissolved copper would be field filtered using a 0.45 micron luer lock filter before being preserved in nitric acid. During or shortly after sample collection, the Contractor will perform necessary field chemistry analysis (pH, electrical conductivity (EC), dissolved oxygen (DO) and turbidity) and submit properly preserved and labeled samples under chain of custody procedures to a qualified analytical laboratory for chemical analysis.
The Contractor will ensure that water quality monitoring instruments are regularly serviced, maintained, calibrated, and verified against calibration standards to measure all the Permit- required parameters accurately and precisely. The Contractor will maintain a log of all calibration results and archive those records for a minimum of three years. The Contractor’s staff will be trained in the use and maintenance of these instruments and be able to identify measurement errors Professional Services Page 10 of 15
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9 and troubleshoot equipment in the field. Evidence of training records will be provided to the City upon request. When in the field, the Contractor will carry spare parts and replacements as a redundancy to reduce the possibility of missing a field measurement.
When conducting water tests the Contractor will use a variety of sampling equipment, including long-arm sampling poles, Van Dorn collectors, and peristaltic pumps that allow collection of samples from sites with difficult access. Additionally, the Contractor may need to deploy kayaks and/or a motorized boat to collect water samples from Marina Lagoon. The Contractor’s staff will be trained in clean sampling techniques and proper sampling handling to minimize the chance of inadvertent contamination. Evidence of training records will be provided to the City upon request.
The Contractor will recommend herbicide applications (number of applications and type of aquatic pesticide) to manage vegetation in the Marina Lagoon. Herbicide applications, including, but not limited to, types of chemicals used and sampling frequency, will be made in conformance with Permit requirements.
Field and Analytical Laboratory Data Compilation, Review, and Reporting
The Contractor will collect and manage data originating from the Contractor’s herbicide applications, sampling personnel, and analytical laboratory reports.
As described in the City’s APAP, several time-specific reporting requirements exist in the event of noncompliance with the permit. The Contractor will perform a timely review of applicable data and documentation and inform you of a potential or actual non-compliance circumstances, if any.
If a potential or actual noncompliance circumstance arises, the Contractor will contact the City as soon as possible to discuss options and reporting. As needed, the Contractor will prepare and complete Twenty-Four-Hour Reports and/or Five Day Written Reports to determine potential non- compliance situations, and will use the following Receiving Water Limitations as a reference:
Analyte
Receiving Water Limitation
(“speed limit” in ug/L) Notes
Diquat 20 MUN beneficial use, not applicable to
Marina Lagoon
Imazamox None USEPA Reduced Risk Pesticide, no RWL
Hydrogen Dioxide & Peroxyacetic
Acid None
Sodium Carbonate Peroxyhydrate None
Dissolved oxygen must be maintained
above 5.0 mg/L
Herbicide Application Information Collection, Review, and Annual Report Preparation
Based on the activity from the above tasks, the Contractor will compile analytical laboratory, field observation, and herbicide application data and prepare the required tables and text for the City’s draft annual report. After the City’s review of the draft report and incorporation of edits, the Contractor will submit a final annual report to the SWRCB and Regional Water Quality Control Board (RWQCB) on the City’s behalf.
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9 Permit Negotiation
The current iteration of the permit became active on
December 1, 2013, and was set to expire on November 30, 2018 but was administratively continued. Consequently,
the 2013 permit is still active and enforceable. SWRCB
staff is in the process of drafting a new permit now and anticipate sharing a draft for public comment in late 2025.
The Contractor will support the City in permit negotiations with the SWRCB.
NOI and APAP Preparation for Submittal for Coverage
under the Permit (Anticipated in 2026)
To obtain coverage under the new permit, the Contractor will review the City’s existing information relative to the Permit requirements and draft a Notice of Intent (NOI) and Aquatic Pesticide Application Plan (APAP) for coverage under the pending new Permit. After City staff has reviewed the documents, the Contractor will submit the NOI and APAP to the SWRCB.
Project Equipment
A minimum of one harvester will be dedicated to Marina Lagoon at all times for the duration of the nuisance growth season. This unit shall be on shore and ready to launch at all times for the duration of the plant growth season.
The Contractor’s maximum response time for mobilization of harvesting, rotovation, transport, spray and shoreline support equipment will be 48 hours.
If any equipment listed below goes out of working order, the Contractor will replace it within twenty-four (24) hours to ensure continual service, particularly during the high plant growth period.
All equipment will have proper identification and licensing required by law and will be cleaned, drained and dried to ensure no invasive species are being introduced into the lagoon.
Beach Maintenance
The Contractor will provide weekly cleaning and maintenance of the sand beaches of Lakeshore and Aquatic Parks and understands that the goal of this cleaning will be to reduce the presence of coliform bacteria by preventing the accumulation of algae and debris and other material that can harbor these pathogens.
Cleanup Events
The Contractor will provide all equipment, staff, and experience to mobilize and address post- storm or non-routine cleanup events as requested to remove debris and litter. This will include inspecting and removing litter and debris collected at the trash boom downstream from Laurel Creek.
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9 Communication and Coordination
The Contractor will be in regular contact with City of San Mateo staff to ensure that the City is always aware and up to date on work being performed on the lagoon. The Contractor will also be available and in contact with other City service providers and the public in connection with the lagoon and any work being performed that has the potential to involve or impact them.
The Contractor will be on call 24 hours a day and will have at least one person available at all times.
If requested, the Contractor will make public appearances to City, Homeowners Association, and residents group meetings to inform and answer questions regarding the Lagoon and its management.
Phone calls from residents are at no additional cost, provided the residents are referred from City of San Mateo staff.
Complaint Resolution Protocol
If there is dissatisfaction from the Marina Lagoon residents or the staff at the City of San Mateo with regards to the Contractor’s performance of the Lagoon Management Services, the City will notify the Contractor by phone. The Contractor will respond back immediately to City of San Mateo staff by phone, as well as with an email confirmation of this dissatisfaction, noting the resolution programs to be implemented.
Project Schedule
*Month April May June July August September
Monitoring and inspection visits 4 4 5 4 4 5
Water Quality Monitoring X X X X X X
Aquatic Weed and Algae Treatments X X X X X X
Trash and Debris Removal X X X X X X
a. April 2 – Provide a copy of pest control recommendations. b. Daily – Complete daily work reports for inspections, physical activities and chemical treatments, that clearly describes areas where work was conducted, types and amounts of aquatic pesticide(s) used at each application event, types and extent of physical activities conducted and amount and types of debris removed, and water quality observations. c. Weekly – Each Monday during plant nuisance season, report on budget status, general observations on nuisance growth, and the tentative action plan for the remainder of the week. d. Monthly, by the 10th – Provide copies of daily work reports for the previous month, and provide a summary of the number of treatments, and types and quantities of pesticides applied using the DPR monthly summary pesticide use report.
e. September 30 – In not more than 2 pages, provide a description of the season’s work, including a discussion of what worked and what did not, and suggest recommendations for the next season. f. Prepare the annual report for the Regional Water Quality Control Board (RWQCB) describing the pesticide monitoring program and its findings.
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9 EXHIBIT B
FEE RATES
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9 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 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.
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9 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.
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.