AGREEMENT WITH STEARNS, CONRAD, SCHMIDT CONSULTING, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
POST-CLOSURE MONITORING, REPORTING AND REGULATORY COMPLIANCE SERVICES
AT THE EAST THIRD AVENUE LANDFILL
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 Stearns, Conrad, Schmidt Consulting Inc., a corporation (“CONSULTANT”), whose address is 4683 Chabot Drive, Suite 200, Pleasanton, CA 94588.
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. 1 3
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8 SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 20, 2026 and be completed on July 15, 2028.
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 of $108,875, 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.
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.
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.
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8 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. 1 3
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8 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. 1 3
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8 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: Sven Edlund
City of San Mateo
1949 Pacific Blvd.
San Mateo, CA 94403
To CONSULTANT: SCS Engineers
Attn: Anton Svorinich
4683 Chabot Drive, Suite 200
Pleasanton, CA 94588
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.
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8 SECTION 23 - CONFLICTS
In the event of any conflict between the provisions of this Agreement and any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.
SECTION 24 - 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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8 IN WITNESS WHEREOF, CITY OF SAN MATEO and SCS ENGINEERS have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry, PE
Public Works Director
Date Anton Svorinich
Its Authorized Agent
VP, Regional OM&M Manager
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 P. Nguyen
Assistant City Attorney
Date Curtis P. Jang,
Treasurer/Chief Financial Officer
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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8 EXHIBIT A
SCOPE OF SERVICES
Task 1 – Project Management
SCS will develop and maintain a master project schedule, including timelines for review of major deliverables. Upon award, SCS will lead a kick-off meeting to discuss project goals and schedule. We will host Semi-Annual (three additional after the kick-off) meetings or as needed to update the City on new findings, analytical results, timelines, and project status. SCS will prepare an agenda and provide meeting minutes afterwards.
SCS will manage all work outlined in the scope, including coordinating project activities, managing staff, and subconsultants hired under our scope. We will monitor all project activities and implement quality assurance and quality control standards through our Quality Management System (QMS).
SCS will assemble and maintain project files within the document gallery of SCSeTools® and provide City personnel with access. These files shall consist of, but not be limited to, all documentation and data resulting from, or related to services for the project, survey files, documented assumptions, working drawings, meeting minutes, correspondence, video libraries, etc.
Anticipated Deliverables – Contract Years 1 and 2 = Project Schedule, and Meeting Minutes Task 2 – Water Quality Monitoring, Sampling, and Reporting SCS will perform water quality monitoring, sampling, and analysis in accordance with the current San Francisco Regional Water Quality Control Board (RWQCB) WDRs for the site (Order No. 95-056, hereinafter “WDRs”) and the monitoring plan revision described in the Data Analysis Plan (Kleinfelder, 2000, and amended February 13, 2004) and applicable industry standards. There have been indications that the RWQCB will be issuing a new WDR and associated monitoring and reporting program (MRP). If the RWQCB does issue a new or revised WDR/MRP, the scope of work and costs described herein may not be applicable. SCS and the City should work together to revise the scope as needed.
Scheduled monitoring at the City site occurs semi-annually. The following will be conducted before the start of each round of monitoring:
SCS will contract with Pace-Bakersfield, a California State-certified laboratory, to perform the laboratory analysis.
Before each sampling event, SCS will coordinate with the project laboratory to have the appropriate bottles, labels, and chain-of-custody forms delivered to SCS or another designated location. SCS will request the receipt of laboratory analytical results within 15 days following the sampling event. Pace and the lab project manager (Vanessa Sandoval) have been providing analytical services for this Site for over a decade. At the beginning of each sampling day, SCS will calibrate the field instruments used for measurement of monitoring parameters (pH, specific conductance, turbidity, temperature, and dissolved oxygen). Field parameter measures will be collected at each point where groundwater and leachate samples are collected.
On a quarterly basis, groundwater and leachate elevations will be measured. This is per 27 CCR requirements (sampling is semi-annually per the WDRs). When samples are collected, the elevations will be measured before the start of sampling.
Elevation measurements will be provided to the Project Manager on the same day to allow for data checks before the beginning of sampling.
Semi-annually, samples will be collected from Groundwater Monitoring Well Nos. MW-1 through MW-4 and Leachate Well Nos. LW-1 through LW-5. One duplicate sample will be collected during each sampling event from one of the groundwater wells. Groundwater monitoring wells will be purged and monitored for field parameters - pH, electrical conductivity, temperature, turbidity, and dissolved oxygen. These parameters, purge rates, and volumes will be recorded on field data sheets. Purge water will be discharged to the ground surface consistent with past events, which show no evidence of chemical contamination. After the field parameters stabilize, the groundwater sample will be collected. Leachate will be collected as grab samples from the leachate monitoring wells (no purge water is generated). Field sampling sheets (through SCS Mobile Tools®) are automatically emailed to the Project Manager after each well is sampled, allowing for almost immediate quality checks.
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8 For each semi-annual sampling event, groundwater and leachate samples will be submitted to a state-certified laboratory for analysis of the following parameters:
Total Organic Carbon (TOC, EPA Method 415.3 or 5310B). Total Nitrogen (sum of nitrate plus nitrite as nitrogen and total Kjeldahl nitrogen (EPA Methods 300.1 or 353.2 and 351.2).
Bicarbonate and Carbonate Alkalinity (EPA Method 310.1 or SM2320B). Volatile Organic Compounds (VOCs) (EPA Method 8260B).
For the second sampling event of 2026, groundwater and leachate samples will also be submitted for analysis of 5-year constituents of concern:
40 CFR Subtitle D Appendix II VOCs (EPA Method 8260B). 40 CFR Subtitle D Appendix II Semi-Volatile Organic Compounds (SVOCs) (EPA Method 8270C). Organophosphorus Pesticides (EPA Method 8141B).
Polychlorinated Biphenyls (PCBs) (EPA Method 8082).
Chlorinated Herbicides (EPA Method 8151A).
Metals (Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Nickel, Selenium, Silver, and Zinc) (EPA Method 200.8 and 245.1).
Reporting
Semiannual laboratory analytical results will be reviewed and statistically evaluated by the intrawell tolerance interval method. Reports will be prepared in accordance with the reporting requirements described in Part A, Section F of WDR Order No. 95-056. A draft report will be submitted electronically to the City for review around July 7 for the January - June sampling event, and around January 7 for the July - December sampling event. This second report will include the annual compliance summary in accordance with WDR Order No. 95- 056, Part A, Section F-3.
After receipt of the City’s comments, one electronic copy of the final report will be submitted to the City by July 15 and January 15 for distribution to appropriate regulatory agencies and uploading to the RWQCB Geotracker database. At a minimum, the report will include a groundwater contour map, tabulated analytical results, time-series graphs of water levels and monitoring-parameter concentrations, a discussion of the monitoring event results, intrawell statistical analyses, a summary of any well replacements/repairs, and an evaluation of field and laboratory QC data. In addition, each report will include all backup data such as field data sheets, chain-of-custody documentation, and certified analytical reports. SCS understands that the City will provide monthly measurements of groundwater and leachate elevations and V- and P-station observations as required by DWR Discharge Monitoring Program Part B to SCS, for inclusion in the semi-annual monitoring reports.
SCS will upload a PDF copy of all groundwater monitoring reports and electronic data files (EDF) of groundwater/leachate analytical data to the State GeoTracker database.
This task also includes the management of repair activities associated with this monitoring system. Since the nature of the landfill is to settle, the site has experienced periodic breakage of wells, and well or casing replacement is sometimes necessary. While costs to repair wells will be covered under Task 6 Additional Services if approved by the City, there is an expectation that SCS will identify and recommend cost-effective solutions to well system problems as they occur.
Anticipated Deliverables – Contract Year 1 = 4 quarterly elevation events and 2 sampling/reporting events; Contract Year 2 = 4 quarterly elevation events and 2 sampling/reporting events.
Task 3 – Semi-Annual Facility Inspections/Cover Assessment SCS will conduct a visual inspection and assessment of the structural condition of the landfill cover on a semi-annual basis.
The inspection will be performed by SCS professional staff familiar with landfill post-closure care requirements. The assessment will include cover components as follows:
Condition of the drainage system - are the open channels and drain inlets functioning properly, the presence of obstructions (vegetative debris, sediment accumulation)? Standing water, identify areas lacking free drainage as a result of inadequate slope of surface grade. 1 3
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8 Erosion of vegetative cover, identify and prioritize locations where portions of the vegetative cover (erosion- resistant layer) require re-grading/repair/re-seeding.
Exposed geosynthetic clay liner (GCL), inspect for locations where the low-hydraulic conductivity layer is exposed and/or needs repair/replacement.
Areas damaged by equipment operation or by burrowing animals.
For each inspection, SCS will prepare a brief assessment checklist/report that will include, at a minimum, a description of the inspection activities, a discussion of the findings, and any recommendations for repairs to cover components or modifications to the cover maintenance program. The semi-annual reports will be separate from the groundwater/leachate monitoring reports described in Task 1, prepared solely for City review. The semi-annual reports will be submitted to the City by the 15th day of the month following the end of each semi-annual period (typically by April 15 and October 15).
Anticipated Deliverables – Contract Year 1 = 2 inspection/reporting events; Contract Year 2 = 2 inspection/reporting events.
Task 4 – Annual Landfill Gas Probe Monitoring
SCS will conduct annual monitoring as close as possible to low tide at the landfill soil-gas probes LGW1, LGW2, LGW3, LGW4, LGW5, LGW6, and the gas well groundwater assessment (GWA), pursuant to regulations and methods adopted by CalRecycle, as described in 27 CCR and the landfill post-closure maintenance plan (Kleinfelder 2000, amended August 2004).
SCS will also use field instruments to measure and document instantaneous gas concentrations within four (4) building structures, 2 park restrooms (near the dog park and bridge), the park ranger office/garage, and the entrance Kiosk, where gas infiltration might occur. Measurements will include the passive vent risers for each structure.
Methane, carbon dioxide, oxygen, and balance gases and subsurface pressures will be measured at each probe, large utility vault, and vent riser locations. Methane will be recorded as percent methane and percent Lower Explosive Limit (LEL). Atmospheric pressure and weather conditions will also be recorded at the time of sample measurement. The City will be notified immediately if the LEL for methane (5 percent by volume) is exceeded at any perimeter gas probe/well or if it exceeds 25 percent LEL in any structure on the landfill. Annual LFG Monitoring reports will be prepared and will include, at a minimum, a description of the monitoring activity, a discussion of the results, and any recommendations for modifications to the monitoring program or on-site structures to prevent gas build-up. The annual report will be submitted to the City for review by the 15th day of the month following the end of the annual event.
Anticipated Deliverables – Contract Year 1 = 1 monitoring/reporting event; Contract Year 2 = 1 monitoring/reporting event Task 5 – Operation and Maintenance of Combustible Gas Monitoring System SCS understands that automated combustible gas sensor/alarm systems are currently operating in the LF office/maintenance buildings (a total of two systems). SCS will maintain and calibrate two sensor/control panel systems (Scott Quadscan Model 7400 sensors) in accordance with the manufacturer’s specified maintenance and calibration procedures.
Semi-Annual Inspection and Calibration
The calibration procedure consists of applying gases of known concentrations, noting the system’s response, and adjusting the sensors accordingly. A certificate of calibration will be provided for each sensor calibrated.
Action levels will be set as follows:
Note: LEL – Lower Explosive Limit
Warning and alarm levels established by CalRecycle and Cal-OSHA The LEL is defined for methane gas as 5 percent methane by volume in air. In accordance with CCR Title 27 Division 2, Section 20921, the allowable level of methane gas in site structures is 25 percent of the LEL, or 1.25 percent methane by volume in air. The LFG monitoring system provides redundancies and early warnings to detect gas infiltration and notify occupants of a possible hazard.
General Inspection
Monitor Action Level (%LEL)
Warning 10% LELGround Floor
Alarm 20% LEL
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8 During the calibration event, the following additional items will be performed:
The control panels and sensors will be visually inspected to determine if dust is building up. If necessary, the dust will be removed per the manufacturer’s recommendations. Wiring that can be visually inspected shall be checked for damage and/or corrosion. •The sensors will be inspected periodically for moisture or water accumulation. Perform visual alarm and relay check per System Maintenance Section of the Scott Instruments Combustible Gas Transmitter Operations and Maintenance (O&M) Manual on a semi-annual basis. The subsurface enclosures will be inspected for proper seal around the top portion and on the seal of the impermeable membrane.
System Repairs
If any of the above-mentioned items are in need of repair or replacement, the City will be notified to enable repairs in accordance with the manufacturer’s recommendations. Any problems found, including bad sensors or alarm functions, will be reported to the City immediately, and a quote for emergency repair will be submitted. Routine maintenance may include repair or replacement of system components when necessary. SCS will recommend and perform repair or replacement of sensor heads, battery, or system components on an as-needed basis or per manufacturer’s recommendations.
Reporting
A report will be prepared documenting calibration, inspection, and maintenance activities. The report will include the details of all necessary repairs required or performed. These reports will be maintained at the landfill during the entire post-closure period.
Anticipated Deliverables – Contract Year 1 = 2 inspection/calibration/reporting events; Contract Year 2 = 2 inspection/calibration/reporting events.
Task 6 – Additional Services as Requested
If VOCs, elevated COCs, or statistical exceedances are identified, SCS will notify the City within 48 hours of receiving the applicable laboratory report(s) or statistical documents. SCS’s notification to the City will include information that can be used for the City report to the RWQCB of the applicable initial VOC or statistical exceedance, as required by the WDR. SCS will perform resampling if directed and approved by the City.
Other Services
Other services that SCS can provide, if requested, include:
Respond to regulatory agency inquiries or directives affecting LFG and water quality monitoring, new requirements for PFAS, or other post-closure maintenance issues.
Assist in negotiating new WDRs, if scheduled for updating by the RWQCB. Respond to combustible gas sensor alarm events, including follow-up monitoring for the presence of LFG in on-site structures using field instruments, and identify LFG-related safety hazards. As-needed post-closure maintenance, including repairs of monitoring wells, combustible gas alarm sensor switch- outs, etc.
General consulting services.
Aerial topographic and monitoring well elevation survey, and preparation of an iso-settlement map to depict current topography versus previously surveyed grades. This was last performed in 2018. Assist with the interpretation of rules and regulations, as requested. Attend meetings with the City or regulatory agencies as requested.
The City may request Additional Services on an as-needed basis, subject to the City’s approval of a written scope of services and cost proposal. Work for Additional Services will not proceed until authorized in writing by the City. 1 3
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8 EXHIBIT B
PAYMENT RATES
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8 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.
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. 1 3
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8 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.