CITY OF SIMI VALLEY
MEMORANDUM
May
1, 2023
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: AWARD OF CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND JCI JONES CHEMICALS, INC., FOR THE PURCHASE OF SODIUM
HYPOCHLORITE AND SODIUM BISULFITE AT THE CITY OF SIMI
VALLEY’S WATER QUALITY CONTROL PLANT (WQCP),
SPECIFICATION NO. SV 23-09
STAFF RECOMMENDATION
It
is recommended that the City Council:
1. Awar
d the attached one- year contract with the option to extend four additional one- year terms (page 4) to JCI Jones Chemicals, Inc., (JCI) for the purchase of Sodium Hypochlorite and Sodium Bisulfite in the amount of $874,846.24;
2. Aut
horize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount and to extend the contract by up to four additional one-year terms in accordance with the contract terms.
BACKGROUND AND OVERVIEW
On F
ebruary 1, 2023, the City Manager authorized the Department of Public Works to solicit bids for Sodium Hypochlorite and Sodium Bisulfite necessary for the operations of the Water Quality Control Plant. On February 2, 2023, the City invited bids for the purchase of Sodium Hypochlorite and Sodium Bisulfite at the City of Simi Valley’s Water Quality Control Plant (WQCP) per Specification No. SV 23- 09.
The WQCP requires Sodium Hypochlorite and Sodium Bisulfite to treat wastewater to meet Federal and State effluent discharge requirements. The current co ntracts for Sodium Hypochlorite and Sodium Bisulfite expire on June 30, 2023.
FINDINGS AND ALTERNATIVES
A N
otice Inviting Bids was published in the Ventura County Star, and posted on the City’s website. On March 2, 2023, four bids were received and summarized below:
AGENDA ITEM NO.
Consent (6)
Vendor Sodium Hypochlorite Sodium Bisulfite 1-year Contract JCI Jones Chemicals, Inc., Torrance, CA $612,941.74 $261,904.50 $874,846.24 Olin, Inc.,/Pioneer Americas, LLC., Tracy, CA $673,491.70 - $673,491.70 Hasa, Inc., Saugus, CA $716,461.20 - $716,461.20
Univar Solutions USA, Inc., Kent, WA $1,081,080.00 $344,192.06 $1,425,272.06
Staff reviewed the four bids received. JCI submitted the low bid for Sodium Hypochlorite and Sodium Bisulfite in the amount of $874,846.24 with quarterly unit pricing review.
JCI’s bid complies with the specifications, is responsive, and is responsible. The bid specification was developed based on estimated quantities that could be needed during
the contract period for the purpose of locking in the contract price per gallon and to determine the low bidders. Because the estimated quantities are not an assurance by the City, the actual expenditures may vary from the bids during the term of the contract.
Due to the volatility of the chemical supply market, unit prices are subject to change quarterly upon 30 days written notice from JCI.
The amount of $900,000 is being requested in the FY 2023-24 Sanitation budget for the purchase of Sodium Hypochlorite and Sodium Bisulfite, and a similar amo unt will be requested in FY 2024- 25. Future funding limits under the proposed contract are contingent upon funding approval by the City Council.
The following alternatives are available to the City Council:
1. Award the attached one- year contract to JCI Jones Chemicals, Inc., (JCI) for the purchase of Sodium Hypochlorite and Sodium Bisulfite in the amount of $874,846.24;
2. A uthorize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount and to extend the contract by up to four additional one-year terms in accordance with the contract terms;
3. Do not award the contract and provide staff with alternative direction.
Staff recommends alternatives No. 1 & 2.
SUGGESTED CITY COUNCIL MOTION
I move to award a contract to JCI Jones Chemicals, Inc., for the purchase of Sodium Hypochlorite and Sodium Bisulfite in the amount of $874,846.24, and authorize the City Manager to approve subsequent contract amendments pertaining to budgeted funds and extending the contract up to four additional one year terms. 2 SUMMARY
On February 1, 2023, the City Manager authorized the Department of Public Works to solicit bids for Sodium Hypochlorite and Sodium Bisulfite. On February 2, 2023, the City invited bids for the Purchase of Sodium Hypochlorite and Sodium Bisulfite at the City of Simi Valley’s Water Quality Control Plant (WCQP) per Specification No. SV 23-09. On March 2, 2023, four bids were received and one (1) contract is recommended for award to JCI in the amount of $ 874,846.24 for a one-year period with the option for the City Manager to a pprove any subsequent contract amendments to incorporate future budgeted funds into the contract amount and to extend the contract by up to four additional one-year terms in accordance with the contract terms. The amount of $900,000 has been requested in the FY 2023- 24 Sanitation budget for the purchase of Sodium Hypochlorite and Sodium Bisulfite, and a similar amount will be requested in FY 2024-25.
Future funding limits under the proposed contract are contingent upon funding approval by the City Council.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Matt Mckenna, Senior Management Analyst
INDEX Page
JCI Jones Chemicals, Inc. Contract ................................................. 4 3 CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
JCI JONES CHEMICALS, INC., FOR THE PURCHASE OF
SODIUM HYPOCHLORITE AND SODIUM BISULFITE AT
THE CITY OF SIMI VALLEY’S WATER QUALITY CONTROL
PLANT (WQCP), SPECIFICATION NO. SV 23-09
THIS CONTRACT is made and entered into in the City of Simi Valley on this 1
st day of May 202 3, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and JCI JONES CHEMICALS, INC., a New York Corporation , hereinafter referred to as CONTRACTOR, each a “Party” and collectively, “Parties”.
RECITALS
WHEREAS, on February 2, 2023, CITY invited bids for the Purchase of Sodium Hypochlorite and Sodium Bisulfite at the City of Simi Valley’s Water Quality Control Plant (WQCP) per Specification No. SV 23-09; and
WHEREAS, pursuant to the bid invitation, CONTRACTOR submitted a bid which was accepted by CITY for the purchase of said chemical supplies.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this contract shall be effective July 1, 2023 through June 30, 2024. This CONTRACT may be extended for up to four (4) additional one-year terms upon mutual written consent of the City Manager and CONTRACTOR.
Unit prices may be adjusted for each extension at the amount not -to-exceed the change in the Los Angeles -Long Beach-Anaheim, CA Consumer Price Index (CPI) for the prior year ending in March.
3. Description of Supplies, Equipment, Materials, or Services.
This
CONTRACT is for the purchase of Chemical Sodium Hypochlorite and Sodium Bisulfite.
Contractor agrees to supply the item (s) more specifically set forth in the “Bid Specifications” attached hereto and incorporated herein as Exhibit “A”.
4. Compensation and Payment.
A. The CITY shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices bid by CONTRACTOR, multiplied by the actual CITY-authorized quantities received and accepted by CITY; such unit and/or lump sum prices as contained in the “Pricing Schedule” attached hereto and incorporated herein as Exhibit “B”.
B. Payments to the CONTRACTOR shall be made within 30
days after receipt of an original invoice from the CONTRACTOR and acceptance of the Chemical Supplies by CITY.
4 C. In no event shall the total amount paid for this CONTRACT exceed $874,846.24 (the “Not-To-Exceed Amount”), unless otherwise agreed to by the parties in writing.
5. CONTRACTOR Representations and Obligations.
A. CONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONTRACTOR shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CONTRACTOR shall indemni fy, defend, and hold CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
D. CONTRACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
E. The CONTRACTOR shall keep a tally of the cost for the work ordered by CITY. The CONTRACTOR shall not accept work orders from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.
6. Audit
.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR.
7. Hold Harmless and Indemnification
. CONTRACTOR shall
defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Additional 5 Insured in the automobile/liability insurance policies and endorsements of the CONTRACTOR. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
8. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONTRACTOR.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Termination. If, during the term of this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONTRACTOR. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In such event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the CONTRACT amount.
11. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
12. Time of Performance. Time is of the essence in this CONTRACT.
13. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
14. Authority to Execute Contract
. Both CITY and CONTRACTOR do
covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party. 6 15. Insurance. CONTRACTOR shall, at CONTRACTOR’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONTRACTOR shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
16. Liquidated Damages. In the event CONTRACTOR does not meet the delivery date specified herein this CONTRACT, the CONTRACT amount shall be reduced by $250 per consecutive calendar day. As a delay in delivery of the specified items could seriously affect the public and the efficient operation of the CITY to an extent incapable of precise calculation at the inception hereof, the reduction is established as the nearest measure of damages for such delay and is not established as a penalty or forfeiture for the breach of CONTRACT to be delivered on schedule. Such reduction may be invoked if delivery exceeds the specified timeline(s) for any reason.
17. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
18. Non-Appropriation of Funds
. Payments due and payable to
CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
19. Taxpayer Identification Number . CONTRACTOR s hall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
20. Permits and Licenses
. CONTRACTOR, at its sole cost and
expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
21. Waivers
. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.
22. Notices
. All written notices required by, or related to this
CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
7 CITY Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Al Sexton, Deputy Public Works
Director/Sanitation
(805) 583-6462
CONTRACTOR JCI Jones Chemicals, Inc.
1401 Del Amo Blvd.
Torrance, CA 90501
Attention: Chris Blomgren, Office Manager
(310) 523-1629 x261
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: JCI Jones Chemicals, Inc.
By:
David L. Caceres, City Attorney
Print Name:
Approved as to Content: Title:
By:
Brian Paul Gabler, City Manager
Print Name:
Title:
Johanna Medrano,
Deputy Director Administrative Services/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
8 EXHIBIT “A”
BID SPECIFICATIONS
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
JCI JONES CHEMICALS, INC., FOR THE PURCHASE OF
SODIUM HYPOCHLORITE AND SODIUM BISULFITE AT
THE CITY OF SIMI VALLEY’S WATER QUALITY CONTROL
PLANT (WQCP), SPECIFICATION NO. SV 23-09
9 The City of Simi Valley is inviting bids for the purchase of sodium hypochlorite and sodium bisulfite for the City of Simi Valley Water Quality Control Plant (WQCP) all or in part as specified below.
GENERAL REQUIREMENTS
Period Covered: The term of this contract shall be effective July 1, 202 3 through June 30, 2024. This CONTRACT may be extended for up to four (4) additional one-year terms upon mutual written consent of the City Manager (with Council approval as may be required through t he City’s requirements) and CONTRACTOR. Unit prices may be adjusted for each extension at the amount not-to-exceed the change in the Los Angeles- Long Beach-Anaheim, CA Consumer Price Index (CPI) for the prior year ending in March.
Firm Pricing - The materials bid upon will be used by the City on an as needed basis during the entire term of the Contract. The prices bid for these items must be valid for the entire period indicated above unless otherwise conditioned by the bidder in the bid exceptions.
Estimated Quantities
- The quantities indicated in the Bid Specifications and Bid Submission Form are estimates based on past purchasing experience, and will be used to determine the lowest overall bid. Actual quantities of each item purchased during the period of this contract may vary up or down from these estimated amounts as required by the City.
Bid Retention and Award - The City reserves the right to retain all proposals for a period of 60 days after the bid opening date for examination and comparison. The City also reserves the right to determine and waive nonsubstantial irregularities in any proposal; to reject any or all proposals; to reject one part of a proposal and accept the other, except to the extent that the proposals are qualified by specific limitations; and to make award to the lowest responsive and responsible bidder as the interest of the City may require.
In this matter, the City reserves the right to award to more than one bidder. The bidder with the lowest price in each category or item will be awarded that category or item. This procedure may or may not result in one bidder receiving an award from both categories.
The City may choose to award a contract for one, both, or none of the items.
Invoice
: A separate invoice shall be provided for each delivery during the contract period.
DELIVERY
Timing: Chemical products shall be delivered or be in transit within 48 hours of City request. As a delay in delivery of the specified items could seriously affect the public and the efficient operation of the City, liquidated damages of $250 per calendar day shall apply as stated in the contract. All deliveries shall be made Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m.
10 Delivery Vehicle : The delivery vehicle shall be in good condition and operated by Contractor. Truck tractors and tank trailers shall be pneumatic -tired; conform to all applicable State and Federal regulations; and be fully equipped and maintained to safely transport and deliver specified chemical product. Tank trailers shall be specially designed to prevent leakage and resist rupture in the event of a collision, and carry all equipment necessary to respond to an accidental chemical release.
Posted Speed Limits : Speed limits shall be observed at all times while driving on City property. Contractor shall be completely liable for any damage to property or personnel.
Delivery Driver
: The delivery driver shall be trained and experienced in handling specified chemical product, and be specifically trained to stop chemical flow in the event of an emergency. Contractor shall provide evidence of such training and experience upon request.
Delivery Equipment: All delivery equipment shall include an appropriate compression kit and piping to permit safe transfer of the specified chemical product to stationary bulk tanks or appropriate storage containers. Hoses, fittings, and appurtenant equipment shall be provided by Contractor and be free of leaks.
Unloading: Chemicals shall be unloaded in a safe manner by Contractor in the presence of a Plant Operator. Appropriate protective clothing shall be worn, and industry safety practices and procedures shall be followed explicitly at all times. Contractor shall have a self-contained breathing unit ready for required emergency action. Defective containers shall not be unloaded, and are Contractor’s sole responsibility. In the event of an emergency, Contractor’s employee shall follow all directions given by City employees.
Pay Quantity of Bulk Product Delivered
: The pay quantity shall be determined by
weighing the tank trailer before and after filling at Contractor’s plant on a certified truck scale. Copies of weighmaster’s certificates shall be provided with delivery.
Other
: The City may require Contractor to furnish an affidavit stating product complies fully to Specification No. SV 23-09, a certified analysis of the product delivered, and/or the preventative maintenance schedule of delivery truck’s unloading compressor.
SPECIFICATIONS
2.1 SODIUM HYPOCHLORITE (NaOCl)
Solution – Approximately 12.5% available NaOC l, suitable for water treatment
One gallon = Approximately 1.26 pounds of chlorine
Specific Gravity = 1.21
pH – 11.0-13.0
Copper – 0.5
Iron – 1.0 mg/L
NaOCl – Filtered to 5 microns prior to shipment
11 2.2 SODIUM BISULFITE (NaHSO3)
Molecular weight - 104.06
Density, g/ml (60°F) - 1.17-1.0
PH - 4.2-5.5
Technical Grade - 25% solution furnished under contract shall be suitable for water treatment
12 EXHIBIT “B”
PRICING SCHEDULE
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
JCI JONES CHEMICALS, INC., FOR THE PURCHASE OF
SODIUM HYPOCHLORITE AND SODIUM BISULFITE AT
THE CITY OF SIMI VALLEY’S WATER QUALITY CONTROL
PLANT (WQCP), SPECIFICATION NO. SV 23-09
13 14
15 16
EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
JCI JONES CHEMICALS, INC., FOR THE PURCHASE OF
SODIUM HYPOCHLORITE AND SODIUM BISULFITE AT
THE CITY OF SIMI VALLEY’S WATER QUALITY CONTROL
PLANT (WQCP), SPECIFICATION NO. SV 23-09
Insurance Requirements - Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Contractor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and 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 (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000
per accident for bodily injury and property
damage.
3. Workers’ Compensation insurance 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. Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to in fringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 17 If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
18