HomeMy WebLinkAbout01-22-2013 c9 support for npdes permit reissuancecounci lagenda Report
'Meeting Dat e
January 22, 2013
'Item Number
C I T Y O F S A N L U I S O B I S P O
FROM :
Carrie Mattingly, Utilities Directo r
Prepared By :David Hix, Wastewater Division Manage r
SUBJECT :SUPPORT FOR WATER RECLAMATION FACILITY NATIONA L
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REISSUANC E
RECOMMENDATIO N
Authorize the Mayor to execute a sole source agreement with Larry Walker Associates in th e
amount of $52,800 for support of the Water Reclamation Facility's National Pollutant Discharg e
Elimination System permit reissuance .
DISCUSSION
Backgroun d
The City has been working with the Central Coast Water Board (CCWB) negotiating, discussing ,
and studying the Water Reclamation Facility's (WRF) discharge into San Luis Obispo Creek fo r
• more than 10 years . These studies and discussions have been based around San Luis Obispo Creek's
beneficial use designation as a drinking water source . The drinking water designation, referred to a s
Municipal and Domestic Supply (MUN), is a major driver behind upgrading the WRF to remov e
nitrates and disinfection by-products . The WRF currently does not have the treatment processe s
needed to remove these two constituents to a level that complies with MUN .
Since 2006, the City has actively pursued the de-designation of the creek for MUN . In May of 2007 ,
the CCWB and the City agreed to administratively extend the WRF's National Pollutant Discharg e
Elimination System (NPDES) permit in order to allow time to determine if removal of the MU N
beneficial use was feasible . Late in 2011, CCWB staff expressed they could not support de -
designation, but agreed to continue to examine other regulatory options . In January 2012,a
stakeholders meeting was held in Avila Beach to discuss protecting the beneficial uses of San Lui s
Obispo Creek and the attendees supported exploring protective and reasonable regulatory options .
Despite several facilitated meetings throughout 2012, City and CCWB staff could not agree upo n
reasonable regulatory options . In October of 2012, CCWB staff told the City they would not suppor t
the continued exploration of alternatives and would reissue the WRF's NPDES permit . After being
presented with a thorough analysis and discussion of possible options, the City Council determine d
permit reissuance is the best path for the City to follow . The pursuit of regulatory options related to
the MUN designation was abandoned .
The New Permi t
A consultant will develop the WRF's NPDES permit on behalf of the CCWB . According to CCW B
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staff, work on developing the new permit has commenced . The new permit is expected to be mor e
comprehensive than the current one and include additional discharge limitations, sampling an d
C9-1
Water Reclamation Facility - Support for Permit Reissuance Page 2
analysis, facility operations, and studies . The new permit will be developed over the next severa l
months and likely adopted by the CCWB by year-end .
The complicated regulatory and technical nature of NPDES permit reissuance requires exper t
assistance to ensure the City obtains the most reasonable discharge permit it can . Assistance i s
needed in the evaluation and analysis of existing technical and monitoring data, draft permits ,
regulations and policies, as well as in drafting comments and regulatory alternatives .
This request is to sole source consultant services in order to :
1.Evaluate existing similar NPDES permits and Report Of Waste Discharge (ROWD) suppor t
– evaluate and identify significant differences in permit s
2.Data analysis - calculate possible future effluent limitations from existing data
3.Provide comments – for draft and final version of the permit .
4.Prepare for hearings – any needed support .
5.Meetings and Project Management - with City and CCWB staff .
Larry Walker Associates (LWA) specializes in water quality regulations and has extensive, exper t
knowledge with NPDES permitting statewide as well as the related State and Federal regulation s
and policies . LWA is familiar with the City's NPDES permit, the CCWB, and assisted the City i n
its last permit negotiation and recent studies . LWA is poised to immediately begin to expertly assis t
the City in the current permit reissuance process which is in the City's best interest . Few firm s
possess the expertise, experience, and excellent service offered by LWA .
FISCAL IMPAC T
There is currently a balance of $295,000 in the wastewater administration contract services budget .
Support for the NPDES permit reissuance will cost $52,800 . Council approved $275,000 at th e
2012-13 Financial Plan Supplement for water quality studies that were in part to support th e
regulatory alternatives for San Luis Obispo Creek that, due to the decision to not pursue de -
designation for MUN, are not moving forward at this time . It is requested that a portion of the wate r
quality studies funding be utilized for permit reissuance support . Due to the WRF's pendin g
NPDES permit reissuance, further studies will be deferred until after permit requirements ar e
known . The City's purchasing ordinance and policies specify that selection of consultants i s
generally achieved through evaluation of proposals solicited from capable professionals . However ,
as specified in Section 295 of the City's Financial Management Manual, if it is determined that it i s
in the best interest of the City for services to be provided by a specific consultant, Council ca n
award a contract with the consultant without soliciting proposals from additional professionals . In
this case, as outlined above, staff believes that LWA has unique expert knowledge and that will b e
in the best interest of the City to award the contract to LWA .
ALTERNATIVE
Issue an RFP for these services . Council could choose to direct staff to issue an RFP for thes e
services . This alternative may result in other proposals being submitted, but staff is not aware of
another consultant that could bring the high level of understanding of its NPDES permit an d
processes, the expertise, knowledge, and added value that Larry Walker Associates possesses to the
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Water Reclamation Facility - Support for Permit Reissuance Page 3
City . The timeframe required to develop and solicit proposals will result in a tight window t o
perform the required analysis and comments required for the permitting process . LWA ha s
demonstrated reasonableness in its service charges in the past . Given the complexity of the permit
issuance and the required technical support, the proposed charges continue to be reasonable .
ATTACHMENT
Larry Walker Agreemen t
T :\Council Agenda Reports\ 2013\2013-01-22\Support of NPDES Permit Reissuance (Mattingly-Hix)
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Attachment 1
AGREEMEN T
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, an d
LARRY WALKER ASSOCIATES, hereinafter referred to as Contractor .
WITNESSETH :
WHEREAS, the City wants NPDES Permit Reissuance Support .
WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do s o
which Ms been accepted by City .
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, a s
first written above, until acceptance or completion of said services .
2.INCORPORATION BY REFERENCE .Contractor's proposal dated December 26, 2012, i s
hereby incorporated in and made a part of this Agreement . To the extent that there are any conflicts between thi s
Agreement and the Contractor's proposal, the terms of this Agreement shall prevail, unless specifically agree d
otherwise in writing signed by both parties .
3.CITY'S OBLIGATIONS . For providing services as specified in this Agreement, City will pa y
and Contractor shall receive therefor compensation in a total sum not to exceed $52,800 .
4.CONTRACTOR'S OBLIGATIONS . For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as se t
forth in Exhibit A attached hereto and incorporated into this Agreement . Contractor further agrees to the contract
performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement .
5.AMENDMENTS . Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Manager of the City .
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Attachment 1
Exhibit B : Contract Performance Terms Page B-2
6.COMPLETE AGREEMENT . This written Agreement, including all writings specificall y
incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be o f
any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the partie s
hereto .
7.NOTICE . All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
Carrie Mattingl y
Utilities Directo r
City of San Luis Obisp o
879 Mono Street
San Luis Obispo, CA 9340 1
Larry Walker Associate s
Attn : Ashli Desai, Vice Presiden t
720 Wilshire Blvd, Suite 20 4
Santa Monica, CA 9040 1
8.AUTHORITY TO EXECUTE AGREEMENT . Both City and Contractor do covenant that eac h
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written .
ATTEST :
CITY OF SAN LUIS OBISPO, A Municipal Corporatio n
By:
City Clerk
Mayor; Jan Howell-Mar x
APPROVED AS TO FORM :
CONTRACTO R
By:
City Attorney
Cit y
Contracto r
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Attachment s
Exhibit A
720 Wilshire Blvd . Suite 206
Santa Monica,CA 90401
310 .394 .103 6
310 .394 .8959 fax
www.Iwa .com
L A R R Y
WALKE R
ASSOCIATE S
December 26, 201 2
David Hix
Wastewater Division Manager
City of San Luis Obisp o
879 Mono Street
San Luis Obispo, CA 9340 1
Subject :Larry Walker Associates Proposal for Permit Reissuance Support
Dear Mr. Hix :
Larry Walker Associates (LWA) appreciates the opportunity to provide the following proposal to
to support the City of San Luis Obispo (City) during the forthcoming National Pollutant
Discharge Elimination System (NPDES) reissuance for the City's Water Reclamation Facilit y
(WRF). As discussed previously, the Central Coast Regional Water Quality Control Boar d
(Regional Board) indicated they would be starting the process of reissuing the WRF's NPDE S
permit in the near future . The WRF's current NPDES permit (Permit No . CA0049224) was
adopted by the Regional Board on March 31, 2002 (Order No. R3-2002-0043) and modified o n
March 25, 2005 . The permit was scheduled to expire on March 31, 2007, but has bee n
administratively extended because of discussions between the City and Regional Board related t o
dedesignation, site-specific objectives, and the potential for changes to nutrient objectives in Sa n
Luis Obispo (SLO) Creek . Since the adoption of the current WRF permit there have bee n
significant changes to the NPDES permitting process across the state and within the Central Coas t
region. The following scope of services and cost estimate outline potential services LWA ca n
provide to support the City prepare for and negotiate the forthcoming NPDES permit reissuance .
SCOPE OF SERVICE S
The following tasks are intended to assist City staff analyze, negotiate, and comment on the draft
and final version of the forthcoming NPDES permit . Please note that any potential permit appea l
efforts are not covered by this scope . LWA tasks anticipated under this scope of work are a s
follows :
Task 1 . Evaluation of NPDES Permits and ROWD Support .LWA will review two NPDE S
permits recently adopted by the Regional Board (City of Lompoc and California Men's
Colony) and evaluate the provisions of those permits in the context of the current permi t
for the WRF . The goal of the evaluation is to 1) identify potential changes between th e
WRF's current and forthcoming permits that could be significant and should b e
considered by the City and 2) inform the City to support discussions with Regional Boar d
staff. Additionally, if the City decides to revise and resubmit the WRF's Report of Wast e
Discharge (ROWD), LWA will review and provide feedback to the City and identify
areas in the recently adopted NPDES permits that may support the City's approach .
SLO Creek Permit Support
1
December 201 2LWAScope and Cost Estimate
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Attachment 1
Exhibit A
Task 2.Data Analysis : Utilizing data provided by the City, conduct reasonable potentia l
analysis (RPA), calculate final/interim effluent limits (as necessary) and compare result s
to RPA and limits presented in the Tentative Order . The purpose of the RPA is t o
determine if analytical results from effluent and receiving water sampling reasonabl e
potential and would require effluent limits . While the Regional Board will conduct a n
RPA, our experience has been that conducting an in house RPA leads to the identificatio n
of errors or differences in interpretation of results that are important to discuss wit h
Regional Board staff and/or identify in the City's comment letter . Typically the RPA is
conducted using the previous 4 .5 years of data coinciding with the time period betwee n
the adoption of the previous permit and the submittal of the Report of Waste Discharg e
(ROWD). However, the WRF's permit was scheduled to expire in 2007 and it is unclea r
the data timeframe the Regional Board intends to use . At this time, it is proposed to
compile all data collected since the adoption of the prior permit (2002) through 201 2
trigger and conduct an RPA using effluent and ambient monitoring data for two tim e
periods: 1) 2002 through 2012 and 2) 2008 through 2012 . LWA will generate a summar y
memorandum detailing the results of the analysis . It is assumed the City will provide all
of the relevant data in a format that allows for a relatively low level of effort t o
manipulate into a database .
Task 3 . Tentative Order Comments : Develop comments as directed by the City and revie w
City comments on Tentative Order .
Task 4 . Revised Tentative Order Comments: Review revised Tentative Order prior t o
Regional Board hearing to evaluate changes and develop additional comments a s
necessary for the Regional Board adoption hearing .
Task 5. Hearing Preparation :Develop a draft and final PowerPoint slides and information t o
support the City's preparation for the Regional Board adoption hearing .
Task 6. Meetings and Project Management :The following meetings/conference calls may b e
conducted in support of this TAF :
a.Conference Calls with City staff (assumed 4 )
b.Calls/Meetings with Regional Board staff (assumed 2 )
c.Attendance at the Regional Board permit adoption hearing
Summary Schedule and Cost Estimat e
Table 1 presents the schedule and Table 2 presents estimated costs to complete the task s
described above based on associated deliverables and assumes a January 14, 2013 start date .
Table 1 .Schedule for Permit Reissuance Suppor t
Task
Task Description
Expected Completion Date Assuming a
No . January 14, 2013 Start Dat e
1
Evaluate NPDES Permits and ROWD Support
February 11,201 3
2
Data Analysis
February 18,20130 1
3
Tentative Order Comments
Within 4 weeks of the release of the Tentative Order
4
Revised Tentative Order Comments Within 2 weeks of the release of the Revise d
Tentative Order
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Hearing Preparation
To b e determined based on City's Projec t Manager
6
Meetings and Project Management
Ongoing
1 The completion date assumes all necessary data are provided by January 14, 201 3
SW Creek Permit Support
2
December 201 2
LWA Scope and Cost Estimate
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Attachment 1
Exhibit A
Table 2 . Estimated Costs for Permit Reissuance Suppor t
Task
No.Task Description Total
Hours
Tota l
Labor
Costs
Tota l
Direc t
Costs '
Tota l
Costs
1 Evaluate NPDES Permits and ROWD 33 $7,125 $7,12 5
2 Data Analysis 67 $10,990 $10,99 0
3 Tentative Order Comments 48 $10,270 $10,27 0
4 Revised Tentative Order Comments 21 $4,665 $4,665
5 Hearing Preparation 16 $3,680 $3,680
6 Meetings and Project Management 70 $15,420 $616 $16,036
Totals »»255 $52,150 $616 $52,766
1 Costs associated with traveling to SLO for the Regional Board adoption hearing from the nearest LW A
office (mileage, hotel, and per diem).
LWA welcomes the opportunity to discuss the scope and cost estimate . Should you have any
questions, please contact me at 310 .743 .6235 or chrism@lwa.com .
Sincerely,
•
Chris Minton
Project Manager
SLO Creek Permit Support 3 December 201 2LWA Scope and Cost Estimate C9_8
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Attachment 1
•Exhibit B
CONTRACT PERFORMANCE TERM S
1 .Business Tax .Contractor must have a valid City of San Luis Obispo business tax certificat e
prior to execution of the contract . Additional information regarding the City's business ta x
program may be obtained by calling (805) 781-7134 .
2.Ability to Perform .Contractor warrants that it possesses, or has arranged through subcontracts,
all capital and other equipment, labor, materials, and licenses necessary to carry out an d
complete the work hereunder in compliance with any and all federal, state, county, city, an d
special district laws, ordinances, and regulations .
3.Laws to be Observed .Contractor shall keep itself fully informed of and shall observe an d
comply with all applicable state and federal laws and county and City of San Luis Obisp o
ordinances, regulations and adopted codes during its performance of the work .
4.Payment of Taxes . The contract prices shall include full compensation for all taxes that
Contractor is required to pay .
5.Permits and Licenses .Contractor shall procure all permits and licenses, pay all charges an d
fees, and give all notices necessary .
•Safety Provisions .Contractor shall conform to the rules and regulations pertaining to safet y
established by OSHA and the California Division of Industrial Safety .
7.Public and Employee Safety .Whenever Contractor's operations create a condition hazardous t o
the public or City employees, it shall, at its expense and without cost to the City, furnish, erec t
and maintain such fences, temporary railings, barricades, lights, signs and other devices and tak e
such other protective measures as are necessary to prevent accidents or damage or injury to th e
public and employees .
8.Preservation of City Property .Contractor 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 as a result of Contractor's operations, it shall be replaced or restored at Contractor's
expense . The facilities shall be replaced or restored to a condition as good as when th e
Contractor began work .
9.Immigration Act of 1986 .Contractor warrants on behalf of itself and all sub-contractor s
engaged for the performance of this work that only persons authorized to work in the Unite d
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable law s
shall be employed in the performance of the work hereunder .
10.Contractor Non-Discrimination .hi the performance of this work, Contractor agrees that it wil l
not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexua l
orientation, or religion of such persons .
•11 .Work Delays .Should Contractor be obstructed or delayed in the work required to be don e
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, o r
6 .
Attachmen t
Exhibit B : Contract Performance Terms Page B-2
labor due to federal government restrictions arising out of defense or war programs, then the tim e
of completion may, at the City's sole option, be extended for such periods as may be agreed upo n
by the City and the Contractor .
12.
Payment Terms .The City's payment terms are 30 days from the receipt of an original invoic e
and acceptance by the City of the services provided by Contractor (Net 30).
13.Inspection . Contractor shall furnish City with every reasonable opportunity for City to ascertai n
that the services of Contractor are being performed in accordance with the requirements an d
intentions of this contract . All work done and all materials furnished, if any, shall be subject t o
the City's inspection and approval . The inspection of such work shall not relieve Contractor o f
any of its obligations to fulfill its contract requirements .
14.Audit . The City shall have the option of inspecting and/or auditing all records and other writte n
materials used by Contractor in preparing its invoices to City as a condition precedent to an y
payment to Contractor .
15.Interests of Contractor . Contractor covenants that it presently has no interest, and shall no t
acquire any interest direct or indirect or otherwise, which would conflict in any manner or degre e
with the performance of the work hereunder . Contractor further covenants that, in th e
performance of this work, no sub-contractor or person having such an interest shall be employed .
Contractor certifies that no one who has or will have any financial interest in performing thi s
work is an officer or employee of the City . It is hereby expressly agreed that, in the performanc e
of the work hereunder, Contractor shall at all times be deemed an independent contractor and no t
an agent or employee of the City .
16.Hold Harmless and Indemnification .Contractor agrees to defend, indemnify,protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property ,
including injury to Contractor's employees, agents or officers which arise from or ar e
connected with or are caused or claimed to be caused by the acts or omissions of Contractor,
and its agents, officers or employees,in performing the work or services herein,and all
expenses of investigating and defending against same ; provided, however, that Contractor's
duty to indemnify and hold harmless shall not include any claims or liability arising from th e
established sole negligence or willful misconduct of the City, its agents, officers or employees .
17.Contract Assignment .Contractor shall not assign, transfer, convey or otherwise dispose of th e
contract, or its right, title or interest, or its power to execute such a contract to any individual o r
business entity of any kind without the previous written consent of the City .
18.Termination .If, during the term of the contract, the City determines that Contractor is no t
faithfully abiding by any term or condition contained herein, the City may notify Contractor i n
writing of such defect or failure to perform ; which notice must give Contractor a 10 (ten )
calendar day notice of time thereafter in which to perform said work or cure the deficiency .
If Contractor has not performed the work or cured the deficiency within the ten days specified i n
the notice, such shall constitute a breach of the contract and the City may terminate the contrac t
immediately by written notice to Contractor to said effect . Thereafter, neither party shall hav e
any further duties, obligations, responsibilities or rights under the contract .
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Attachment 1
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Exhibit B : Contract Performance Terms Page B-3
In said event, Contractor shall be entitled to the reasonable value of its services performed fro m
the beginning date in which the breach occurs up to the day it received the City's Notice o f
Termination, minus any offset from such payment representing the City's damages from suc h
breach . "Reasonable value" includes fees or charges for goods or services as of the las t
milestone or task satisfactorily delivered or completed by Contractor as may be set forth in th e
Agreement payment schedule ; compensation for any other work, services or goods performed o r
provided by Contractor 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 confirme d
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 t o
receive in excess of the compensation quoted in its proposal .
19.Ownership of Materials .All original drawings, plan documents and other materials prepare d
by or in possession of Contractor as part of the work or services under these specifications shal l
become the permanent property of the City, and shall be delivered to the City upon demand .
20.Release of Reports and Information .Any reports, information, data, or other material give n
to, prepared by or assembled by Contractor as part of the work or services under thes e
•specifications shall be the property of City, and shall not be made available to any individual o r
organization by Contractor without the prior written approval of the City .
21.Copies of Reports and Information .If the City requests additional copies of reports, drawings ,
specifications, or any other material in addition to what Contractor is required to furnish i n
limited quantities as part of the work or services under these specifications, Contractor shal l
provide such additional copies as are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at the Contractor's direct expense .
22.Required Deliverable Products .Contractor will provide :
a.1 copy of the summary memorandum, comments, PowerPoint slides and information tha t
addresses all elements of the workscope . Any documents or materials provided by
Contractor will be reviewed by City staff and, where necessary, Contractor will respon d
to staff comments and make such changes as deemed appropriate .
b.One camera-ready original, unbound, each page printed on only one side, including an y
original graphics in place and scaled to size, ready for reproduction .
c.When computers have been used to produce materials submitted to the City as a part o f
the workscope, Contractor must provide the corresponding computer files to the City ,
compatible with the following programs whenever possible :
•Word Processing Word
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Spreadsheets Exce l
•Desktop Publishing Coreldraw, Pagemaker
•Computer Aided Drafting (CAD)AutoCad
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Attachment I
Exhibit B : Contract Performance Terms Page B-4
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Computer files must be on 31/2", high-density, write-protected diskettes, formatted fo r
use on IBM-compatible systems . Each diskette must be clearly labeled and have a
printed copy of the directory .
23.Attendance at Meetings and Hearings . As part of the workscope and included in the contrac t
price is attendance by the Contractor at up to 3 public meetings to present and discuss its finding s
and recommendations . Contractor shall attend as many "working" meetings with staff a s
necessary in performing workscope tasks .
24.Insurance .Contractor shall procure and maintain for the duration of the contract insuranc e
against claims for injuries to persons or damages to property that may arise from or in connectio n
with the performance of the work hereunder by Contractor, its agents, representatives, employee s
or sub-contractors .
a .
Minimum scope ofinsurance .Coverage shall be at least as broad as :
•Insurance Services Office Commercial General Liability coverage (occurrenc e
form CG 0001).
•Insurance Services Office form number CA 0001 (Ed. 1/87) coverin g
Automobile Liability, code 1 (any auto).
•Workers' Compensation insurance as required by the State of California an d
Employer's Liability Insurance.
•Errors and Omissions Liability insurance as appropriate to Contractor's
profession.
b .
Minimum limits of insurance .Contractor shall maintain limits no less than :
•General Liability : $1,000,000 per occurrence for bodily injury, personal injur y
and property damage . If Commercial General Liability or other form with a
general aggregate limit is used, either the general aggregate limit shall appl y
separately to this project/location or the general aggregate limit shall be twic e
the required occurrence limit .
•Automobile Liability : $1,000,000 per accident for bodily injury and propert y
damage.
•Employer's Liability : $1,000,000 per accident for bodily injury or disease .
•Errors and Omissions Liability : $1,000,000 per occurrence .
c.Deductibles and self-insured retentions .Any deductibles or self-insured retention s
must be declared to and approved by the City. At the option of the City, either : th e
insurer shall reduce or eliminate such deductibles or self-insured retentions as respect s
the City, its officers, officials, employees and volunteers ; or Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration an d
defense expenses .
d.Other insurance provisions.The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions :
•The City, its officers, officials, employees, agents and volunteers are to b e
covered as insureds as respects : liability arising out of activities performed by or
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Attachment 1
Exhibit B :Contract Performance Terms Page B-5
on behalf of Contractor ; products and completed operations of Contractor ;
premises owned, occupied or used by Contractor ; or automobiles owned, leased ,
hired or borrowed by Contractor . The coverage shall contain no specia l
limitations on the scope of protection afforded to the City, its officers, official ,
employees, agents or volunteers .
•For any claims related to this project, Contractor's insurance coverage shall b e
primary insurance as respects the City, its officers, officials, employees, agent s
and volunteers . Any insurance or self-insurance maintained by the City, it s
officers, officials, employees, agents or volunteers shall be excess of Contractor's
insurance and shall not contribute with it .
•Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers ,
officials, employees, agents or volunteers .
•Contractor's insurance shall apply separately to each insured against whom clai m
is made or suit is brought, except with respect to the limits of the insurer's
liability.
•Each insurance policy required by this clause shall be endorsed to state tha t
coverage shall not be suspended, voided, canceled by either party, reduced i n
coverage or in limits except after thirty (30) days' prior written notice b y
certified mail, return receipt requested, has been given to the City .
e.Acceptability of insurers .Insurance is to be placed with insurers with a current A .M .
Best's rating of no less than A :VII .
f.Verification of coverage .Contractor shall furnish the City with a certificate o f
insurance showing maintenance of the required insurance coverage . Original
endorsements effecting general liability and automobile liability coverage required b y
this clause must also be provided . The endorsements are to be signed by a perso n
authorized by that insurer to bind coverage on its behalf . All endorsements are to b e
received and approved by the City before work commences .
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blank .
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