HomeMy WebLinkAbout09-06-2016 Agreement between SLO and Kimley-Horn and AssociatesAGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on September 61", 2016, by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Kimley-
Horn and Associates, Inc., hereinafter referred to as Consultant.
WITNESSETH
WHEREAS, Section 295 of the City's Financial Management Manual includes the following regarding use of
directly negotiated Consultant Services:
4. If it is determined that it is in the best interest of the City for services to be provided by a specific
consultant -with contract terms, workscope and compensation to be determined based on direct
negotiations -contract award will be made by the Council.
And;
WHEREAS, The City has recognized the need to evaluate the existing and future parking demands in the
area east of Santa Rosa Street up to California Boulevard bounded by Palm and Marsh Streets. That, new
development and redevelopment options in the area of Monterey Street and Santa Rosa Street, including possible
mixed use and public/private partnerships, have recently been considered by Council. That the City lacks the ability,
from both the personnel and technology perspectives, to adequately analyze the parking implications of these
proposals in real-time using the latest technology available.
The City studied the expansion of the parking in -lieu fee program in 2002 but Council did not pursue implementation
at that time. The Land Use Element of the General Plan, updated in 2014, states that the City shall investigate the
addition of the area described above into the existing parking in -lieu fee program. The intent is to incorporate the
analysis of expanding the parking in -lieu fee program into the demand modeling process and develop a
recommendation for Council. Additionally, the City is in the process of revising the Physical Downtown Concept Plan.
This includes a potential expansion of the downtown commercial zone east of Santa Rosa Street. The modeling
software will be able to provide parking demand scenarios based on the conversion of these land uses: and,
WHEREAS, On June 14, 2016, The Council allocated $100,000 in funds for the start of this project and
instructed the Parking Services Division to evaluate the options available; and,
WHEREAS, Investigation of the software programs available show that only one vendor has a product that
is an interactive parking scenario planning model integrated with ArcGIS. This product can evaluate existing parking
supply and demands, identify and test new development and parking facilities, and apply parking management
strategies.
WHEREAS, Staff has investigated the market regarding parking forecasting tools that currently available and
has concluded that Kimley-Horn's Park+ model is the only current product in use that is GIS based and can provide
the dynamic analysis the City needs for a supply and demand parking model and a pricing based analysis tool; and,
WHEREAS, Kimley-Horn and Associates has a solid understanding of the required work, extensive
experience providing similar services and the proven capability to develop innovative solutions on-time and within
budget pursuant to said request, Consultant submitted a proposal that was accepted by City for said services.
Whereas, staff has determined that it is in the best interest of the City for these services to be provided by
Kimley-Horn and Associates, Inc. and that a direct award be made by the Council for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written
above, until acceptance or completion of said services.
2. Start and Completion of Work. Work on this project shall begin within 7 calendar days after contract execution
and shall be completed within 150 calendar days thereafter.
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Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by
changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other
Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions
arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended
for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient
time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance
of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the
above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
6. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding
by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure
to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning
date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from
such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges
for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as
may be set forth in the Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-
in -progress in completing the overall workscope.
The 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 the Consultant be entitled to receive in excess of the compensation quoted in its proposal.
The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day
notice, at any time upon a determination by the Director that termination of the contract is in the best interest of
the City. In this case the Consultant will be paid compensation due and payable to the date of termination.
The Consultant shall have the right to terminate this Agreement upon breach by the City of any of its obligations
under this Agreement with ten (10) days' notice to cure to the City. In the event of'such termination, the Consultant
shall be paid for all services performed up to the effective date of termination.
7. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital
and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in
compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and
regulations.
8. Sub -contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written
authorization by the City, except that which is expressly identified in the Consultant's proposal. Any substitution
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of sub -consultants must be approved in writing by the City. For any sub -contract for services in excess of
$25,000, the subcontract shall contain all provisions of this agreement.
9. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind
without the previous written consent of the City.
10. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.
The inspection of such work shall not relieve Consultant of any. of its obligations to fulfill its contract requirements.
11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as
well as performance of the contract, the Consultant and sub -consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
For Federally funded projects, access to records shall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub -consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent
or employee of the City.
13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract
price; or otherwise recover the full amount of such'rebate, kickback or other unlawful consideration.
14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay
only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
15. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
"construction" includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
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17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and
fees, and file all notices as they pertain to the completion of the Consultant's work. The City will pay all application
fees for permits required for the completion of the project including building and regulatory permit application
fees. Consultant will provide a 10 day notice for the City to issue a check.
18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public
or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences,
temporary railings, barricades, lights, signs and other devices and take such other protective measures as are
necessary to prevent accidents or damage or injury to the public and employees.
20. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
21. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub -consultants engaged for the
performance of this work 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.
22. Consultant Non -Discrimination. In the award of subcontracts or in performance of this work, the Consultant
agrees that it will not engage in, nor permit such sub -consultants as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
23. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to
contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an
independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its
interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant
and all sub -consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities
or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a
duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such
a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub -consultants to
notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to
assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for costs
incurred by the successful Consultant to achieve the project's objective or standard beyond the amounts provided
therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or
defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing,
and the Consultant and all sub -consultants shall continue to perform, irrespective of whether or not the ambiguity
or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described written notice
within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute
a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning
the dispute.
24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and
expenses, including attorney's fees and cost to the extent caused by the negligence or willful misconduct
of the Consultant.
Kimley-Horn Park+ Model Agreement
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25. Non -Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
26. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
27. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
28. Required Deliverable Products and Revisions. The Consultant will be required to provide services and work
in accordance with Attachment A — proposed scope of Work, dated August 31, 2016.
29. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish
the City all necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
30. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or
assembled by the Consultant as part of the work or services under these specifications shall be the property of
City and shall not be made available to any individual or organization by the Consultant without the prior written
approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City's written permission.
31. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications,
or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the
work or services under these specifications, the Consultant shall provide such additional copies as are requested,
and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct
expense.
32. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to [number] public meetings to present and discuss its findings and
recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing
workscope tasks.
33. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI's
within two weeks of receipt of the information from the City.
34. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase
or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub -consultant invoices, similarly broken down, as supporting detail.
35. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
therefore compensation in a total sum not to exceed $100,000. Should the Consultant's designs, drawings or
specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in
cost to the City.
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Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred with
cumulative monthly payments not to exceed:
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly rates
include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed
for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement.
The Consultant's personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently
authorized for State employees under State Department of Personnel Administration rules.
36. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance
by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30).
37. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract
that is not disposed of by agreement shall be decided by a committee consisting of the City's Project Manager
and the City Director of Public Works, who may consider written or verbal information submitted by the
Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City's Chief Fiscal Officer. Not later than 30 days after issuance of the final
audit report, the Consultant may request a review by the City's Chief Fiscal Officer of unresolved audit issues.
The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely
performance in accordance with the terms of this contract.
38. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject
to Title 49, Part 26 Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs" when project work is for a federally funded
project. In order to ensure the State Department of Transportation achieves its federally mandated statewide
overall DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of
this agreement. The City has determined that DBE can reasonably be expected to compete for the sub -consulting
opportunities in this agreement and has established a DBE advisory percentage of X. The Consultant is
responsible to be fully informed regarding the requirements of 49 CFR, Part 26. Participation of DBE's in the
specified percentage is not a condition of award.
The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of DBE
usage and complete and submit to the City the final report of DBE utilization prior to receiving final payment.
Records shall show the name and business address of each DBE and the total dollar amount actually paid to
each.
The Consultant -shall pay all sub -consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US
DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this
agreement, which may result in the termination of this agreement or such other remedy as the City deems
appropriate.
39. Agreement Parties.
City: Scott Lee, Parking Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Kimley-Horn Park+ Model Agreement
Consultant: Brett Wood, P.E., CAPP
Project Manager
Kimley-Horn
7740 N 16th Street, Suite 300
Phoenix, AZ 85020
(602)906-5500
Page 7 of 9
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
40. Incorporation by Reference: Consultant's proposal dated August 31, 2016 is hereby incorporated in and made
a part of this Agreement.
41. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Engineer.
42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other
than the City Project Manager and the Consultant believes that the work is outside of the scope of the original
contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant
both agree that the work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price
agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written
approval from the City Project Manager shall be at Consultant's own expense.
43. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.
For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed
by City, Consultant agrees with City to do everything required by this Agreement, the said specification and
incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above
written.
CITY OF SAN LUIS OBISPO:
Katie is i rcity Manager
APPROVED AS TO FORM:
Chyf tibe Dietrick, City Attorney
CONSULTANT:
Kimley-Horn and Ass c. tes, In
By: Lt
e n is Landaal, P.E.
Principal
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant 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 Consultant, its agents, representatives, employees or sub -consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, 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: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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