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Staff Report 3.A 01/28/2019 (2)
DATE: January 28, 2019 Agenda Item #3.B TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan t. CE —Director, Public Works and Utilities Leah G. Wa er, P.E. — Environmental Services Manager SUBJECT: Resolution Authorizing a Professional Services Agreement with Woodward and Curran for Regulatory Assistance with Water Quality Studies for Outfall Relocation for the Ellis Creek Water Recycling Facility RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing a Professional Services Agreement with Woodward and Curran for Regulatory Assistance with Water Quality Studies for Outfall Relocation for the Ellis Creek Water Recycling Facility. BACKGROUND As a discharger to the San Francisco Bay, the City of Petaluma is the holder of a National Pollutant Discharge Elimination System IN permit issued by the State Water Resources Control Board Region 2 (Regional Board). The Regional Board adopted Order Number R2- 2016-0014 (NPDES Permit) on April 13, 2016 to permit discharges to the Petaluma River of secondary -treated municipal and industrial wastewater from the Ellis Creek Water Recycling Facility (ECWRF). The City's NPDES Permit requires the City to give notice to the Regional Board as soon as possible of any planned physical alterations or additions to the permitted Facility. The ECWRF is experiencing problems with its outfall pipeline to the Petaluma River. The 42 - inch diameter outfall pipeline is 3,130 feet long and was constructed during the 1970s.. In September 2016, through visual inspections and the use of closed-circuit television cameras, significant deterioration was discovered in the structural integrity of the outfall pipeline as compared to similar inspections in 2015. The pipeline showed longitudinal cracks along the top and bottom, separation of joints, and flattening of sections of the pipe into an oval shape. Based on a review of records and inspections, it appears the pipe is constructed out of a composite material called Techite, a common pipe material used in the 1970s. Techite.is brittle and has experienced several catastrophic pipeline failures nationwide. After consideration of various options to address the deterioration of the outfall pipe, construction of a new outfall structure was determined to be the most cost-effective alternative, 1 pending environmental review. The new outfall would discharge effluent to a slough channel adjacent to the chlorination facilities at the oxidation ponds located at 4400 Lakeville Highway. Attachment 2, a site map of the existing facilities and proposed new outfall structure, is included. The Regional Board authorized the use of a temporary outfall to the slough channel to allow for inspection of the existing outfall pipeline and emergency discharge if the pipeline fails unexpectedly. To make a permanent change in the outfall location, the Regional Board will amend or reissue the City's NPDES permit. Studies, modeling, and analysis are required to support the Regional Board's action. The studies, modeling, and analysis are to assist the Regional Board in determining whether the water quality in the slough channel and in the river would be detrimentally impacted by the relocation of the outfall. DISCUSSION Given the complexity of the studies, modeling and data analysis involved, a consultant is needed to assist in the preparation of the reports required for a permitted change of the outfall location. A proposal from Woodward and Curran was solicited because of their significant expertise in NPDES permit requirements and expectations of the Regional Board. Woodward and Curran assisted the City in the NPDES permit process in 2016 and an update of a local limit study in 2017. Woodward and Curran are familiar with the operational practices, and existing NPDES permit limits for the facility. Woodward and Curran proposes to use Resource Management Associates, Inc. (RMA) as a subconsultant for modeling of the Petaluma River. RMA has expertise in modeling shallow water discharges in the San Francisco Bay and supported the City in a dilution study for the Hopper Street Water Pollution Control Plant in 2001 for discharges into the River. Additionally, RMA and Woodward and Curran have worked together on similar efforts for the City of Palo Alto, Santa Clara Valley Water District, and Novato Sanitary District. RMA team members have experience in applying hydrodynamic and water quality models for Bay Area wastewater agencies that have been accepted by the Regional Board. By assisting with the permit for a change in outfall location, Al execution ora Professional Services Agreement with Woodward and Curran will assist in meeting the Council Goal of planning and delivering capital improvements. FINANCIAL IMPACTS CIP budget for the outfall project (066501838) has sufficient funds for this agreement, though not in the planning and design line items. The CIP budget line item allocations will be adjusted in the updated CIP budget process. The agreement, which is intended to be in effect through project completion, is for a period through December 31, 2021, at a projected cost not to exceed $164,410. 2 ATTACHMENTS 1. Resolution 2. Site Map 3. Professional Services Agreement Attachment 1 RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WOODARD AND CURRAN FOR REGULATORY ASSISTANCE WITH WATER QUALITY STUDIES FOR OUTFALL RELOCATION FOR THE ELLIS CREEK WATER RECYCLING FACILITY WHEREAS, the City of Petaluma is required to operate and maintain the Ellis Creek Water Recycling Facility in accordance with National Pollutant Discharge Elimination System (NPDES) Regulations and the Clean Water Act; and WHEREAS, the NPDES permit for the Ellis Creek Water Recycling Facility (ECWRF) requires the City to give notice to the Regional Water Board as soon as possible of any planned physical alterations or additions to the permitted facility; and WHEREAS, the existing pipeline used by the City to discharge to the Petaluma River is significantly deteriorating and is at risk of catastrophic failure; and WHEREAS, to protect its operations and ensure that discharges comply with State and Federal requirements, the City must address the deterioration of the existing outfall pipeline; and WHEREAS, the most cost-effective method to replace the pipeline is to relocate the outfall structure; and WHEREAS, Regional Water Board requires studies, modeling and analysis in order to permit a change in outfall location; and WHEREAS, the City requires the assistance of a consultant with expertise in the complex studies, modeling and analysis required in order to permit a change in outfall location; and WHEREAS, Woodward and Curran, and their subconsultant, Resource Management Associates, are uniquely qualified to perform the required services; and WHEREAS, the NPDES permit for the ECWRF requires the City properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, which are installed or used by the City to achieve compliance with conditions of the permit; and WHEREAS, the preparation of the reports required for a permitt ed change in the outfall location meets the Council goal of planning and delivering capital improvements; and 0 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Approves the Professional Services Agreement with Woodward and Curran attached as Exhibit A for Assistance with Water Quality Studies for Outfall Relocation for the ECWRF in the amount of $164,410 for a period of thirty-four months through December 31, 2021. 2. Authorizes the City Manager or his designee to execute said agreement on behalf of the City of Petaluma. 5 Wit!m 111-:11 OUTFALL RELOCATION ELLIS CREEK WATER RECYCLING FACILITY ..' <RFJS 4 tic It �- tit Polishing Wetland Treatment Wetlands 'r Existing 42 -inch Outfall Pipeline P� Ellis Creek r' Water Recycling Facility Np, -'-"---- ^'- I - -- ^---�--� ^--"-"-- 6 Attachment 3 Exhibit A to Resolution PROFESSIONAL SERVICES AGREEMENT Assistance with Water Quality Studues for Outfall Relocation for Ellis Creels Water Recycling Facilrty (Title of Project) FY 18/19 Fund # Cost Center Object Code Project # C66501838 Amount $100,000.00 For multi-year contracts or contracts with multiple accounts: FY 19/20 Fund # Cost Center Object Cade Project # C66501838 Amount $21,470.00 FY 20/21 Fund # Cost Center Object Code Project # C66501838 Amount $21,470.00 FY 21/22 Fund # Cost Center Object Code Project # C66501838 Amount $21,470.00 FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a (city use only) municipal corporation and a charter city ("City") and Woodard and Curran, a corporation ("Contractor") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Contractor providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Contractor shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Contractor in accordance with the rates specified in Exhibit A. B. Contractor shall submit detailed monthly invoices reflecting all services performed during the preceding month and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Contractor shall be compensated for services in addition to those described in Exhibit A, only if. Contractor and City execute a written amendment to this Agreement describing the additional services to be perfozmed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $164,410.00 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Contractor shall not be paid any compensation until such time as Contractor has on file with the City Finance Department a cul�ent W-9 foam available from the IRS website (www.irs.gov) and has obtained a culTently valid Petaluma business tax certificate. 7 E. City's obligation to pay compensation to Contractor as provided herein is contingent upon Contractor's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date and terminates on December 31 2021, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Contractor and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Contractor or Contractor's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Contractor shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Contractor shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Contractor shall be liable to City for any excess cost City incurs for completion of the Services. 5. Contractor's Representation; Independent Contractor. Contractor represents that Contractor possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Contractor shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Contractor and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Contractor no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Contractor shall, at Contractor's sole cost and expense, keep in effect at all times during the terra of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Contractor shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 9. Inspection. Contractor shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done, and materials furnished, if any, shall be subject to 2 PROFESSIONAL SERVICES AGREEMENT Sept 2018 8 inspection and approval by the City. The inspection of such work shall not relieve Contractor of any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City's request, Contractor shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Contractor's performance of the Services. 1 L Confidentiality. In the course of Contractor's employment, Contractor may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Contractor shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Contractor represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Contractor further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Contractor represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Contractor will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Contractors are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Contractors subject to the City's Conflict of Interest Code include those whose work may involve. making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Contractor agrees to comply fully with all such requirements to the extent they apply to Contractor's performance of the Services. 13. Contractor No Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Contractor shall perform all the Services in a manner consistent with the standards of Contractor's profession. All instruments of service of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Contractor's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Contractor shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with PROFESSIONAL SERVICES AGREEMENT Sept 2018 9 the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Contractor shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Contractor's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Contractor shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living Wade Ordinance. Without limiting the foregoing Section 17, Contractor shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Contractor shall promptly provide to the City documents and information verifying Contractor's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit 2, shall be a part of this Agreement for all purposes, and Contractors that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit 2 in accordance with the requirements of the Living Wage Ordinance. Contractor's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a retum receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or PROFESSIONAL SERVICES AGREEMENT Sept 2018 10 (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 7784360 Fax: (707) 7784554 Email: cityclerk@ci.petaluma.ca.us And: Dan St. John, F.ASCE Director, Public Works and Utilities Department 11 En lig sh St. Petaluma, California 94952 Phone: (707) 776-3777 Fax: (707) 6564067 Email: rwilsongei.petaluma.ca.us Contractor: David L. Richardson, P.E. Vice President 2,175 North California Blvd., Suite 315 Walnut Creek California 94596 Phone: (925) 6274138 Fax: (925) 6274101 Email: drichardson d,woodardcurran.com 21. Ownership of Documents. All original papers, documents or computer material on disk U.1 microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Contractor without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 22. Indemnification. To the maximum extent permitt ed by law, Contractor shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Contractor's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. 5 PROFESSIONAL SERVICES AGREEMENT Sept 2018 1 1 The Contractor's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Contractor's inability to evaluate Liability, or because the Contractor evaluates Liability and determines that the Contractor is not or may not be liable. The Contractor must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Contractor fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Contractor under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Contractor accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Contractor prior to Contractor's acceptance of tender, Contractor agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Contractor waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Contractor arising out of or in connection with the Services or Contractor's failure to comply with any of the terms of this Agreement. The defense and indemnification obligations of this Agreement shall no way be limited by, the insurance obligations that apply to this Agreement pursuant to Section 23. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Contractor's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782. 8, as may be amended from time to time, Contractor's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors" in Exhibit B, attached hereto and incorporated herein by reference. City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. D PROFESSIONAL SERVICES AGREEMENT Sept 2018 12 25. Litigation. If litigation ensues which pertains to the subject matter of Contractor's services hereunder, Contractor, upon request from City, agrees to testify therein at a reasonable and customary fee. 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third -Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Contractor's Books and Records. A. Contractor shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. B. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. 7 PROFESSIONAL SERVICES AGREEMENT Sept 2018 13 D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor in interest. 33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 34. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination or expiration of this Agreement. 35. )Cntire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. 1N WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney file name: Ej CONTRACTOR By C.L. Title 71�� D Address City State' D /- 03 63222 Taxpayer I.D. Number Petaluma Business Tax Certificate Number J 1v-1, �k;� >,s PROFESSIONAL SERVICES AGREEMEN"1' Sept 2018 14 City of Petaluma Ellis Creek Water Recycling Facility Regulatory Support Exhibit A —Scope of Work and Fee Estimate Water Quality Studies for Outfall Relocation Professional Services by Woodard &Curran Background Woodard &Curran will assist the City of Petaluma (City) with water quality analyses needed for an NPDES permit modification reflecting relocation of the City's outfall. Discharge from the Ellis Creek Water Recycling Facility (Facility) to the Petaluma River is regulated by NPDES Permit No. CA0037810, which was last renewed by the Regional Water Board as Order No. 82-2016- 0014 and became effective on June 1, 2016. The Facility's existing 42 -inch outfall pipeline runs southwest approximately 3,000 linear feet from the southern corner of the Facility, crossing underneath a tidal marsh before discharging to the Petaluma River. The outfall pipeline is composed of Techite, has a high risk of catastrophic failure, and requires replacement. The City is actively evaluating outfall pipeline rehabilitation and reconfiguration options, including options to replace the pipe or move the outfall to a tidal slough tributary to the Petaluma River. Regardless of location, the new outfall will be designed with a higher instantaneous discharge capacity of about 16 MGD, compared to the existing capacity of approximately 14 MGD. Relocating the outfall will require a series of water quality studies to be submitted to the Regional Water Board in order to demonstrate compliance with state and federal antidegradationpolrcy, and to provide updated technical information needed for the NPDES permit's water quality -based effluent limits. Woodard &Curran will assist the City with the development of water quality analyses as described in the Tasks listed below. The scope of work described below was discussed with Regional Water Board staff at an in-person meeting held on November 6, 2018, and the approach was verbally approved. Each tasks also includes coordination with the team completing environmental documentation required by the California Environmental Quality Act (CEQA). Woodard &Curran is currently providing the City with regulatory support through Professional Services Agreement for Project #54150 (Ellis Creels Water Recycling Facility Regulatory Support), which expires in February 2019. The scope of work described below will authorize Woodard &Curran to continue providing assistance with water quality studies for the City's outfall relocation, but under a new project agreement. The scope of work below includes design professional services, with deliverables for Task 2 and Task 3 to be stamped by a Professional Engineer. Each task includes time for project management tasks such as project communication and monthly progress reports. City of Petaluma Scope of Work —Water Quality Studies for Outfall Relocation Page 1 of 8 15 Task 1 Dilution Study Under this task, Woodard &Curran will work with Resource Management Associates, Inc. (RMA) to complete hydrodynamic modeling of the project area using the RMA Bay -Delta model. This modeling is needed to characterize dilution of the effluent throughout the tidal marsh and the adjacent stretch of the Petaluma River under existing and proposed project conditions. The modeling is also needed to assess environmental impacts under proposed project conditions, including the salinity regime in the marsh and the potential for flooding of adjacent parcels. RMA also completed the previous (2001) dilution study of the Facility's discharge to the Petaluma River. The 2001 dilution study was based on the two-dimensional RMA Bay -Delta model, with the tt-ibutary streams including the Petaluma River represented using aone-dimensional depth - averaged approximation. For this modeling effort, additional bathymetric detail will be developed and added to the model grid in the vicinity of the new discharge location and tidal slough based on planning documents and available topographic information. Task 1.1 Coordinate and Conduct Dilution Study The dilution modeling approach is to estimate reasonable worst-case conditions for dilution and salinity impacts using a dry weather condition, and to estimate flooding potential using a wet weather model scenario. Separately, maps will also be produced to assess inundation under present and future conditions with sea level rise. The following tasks will be performed: • Generate 2-D model grid in Petaluma River and adjacent marshes and sloughs in the project vicinity. Using the model grid, produce maps showing inundation areas and depths at mean higher high water (MHHW) under five conditions, using water surface elevations provided by the City. • Setup model boundary conditions and perform hydrodynamic simulations for afour-month dry weather period for the current and proposed discharge locations. Check existing condition model calibration using available stage data during this period. • Perform RMA11 simulations for the four-month dry weather period with a conservative tracer applied to the City of Petaluma discharge at the current and proposed locations. • Perform RMA11 salinity simulations for the four-month dry weather period. City of Petaluma to provide EC values for discharge (applied at the current and proposed locations). Check existing condition model calibration using available EC data during this period. • Setup model boundary conditions and perform hydrodynamic simulations for aone-month wet weather period for the current and proposed discharge locations and constant peals City of Petaluma Scope of Work —Water Quality Studies for Outfall Relocation Page 2 of 8 16 daily wet weather discharge capacities. Check existing condition model calibration using available stage data during this period. • Perform RMA11 simulations for the one-month wet weather period with a conservative tracer applied to the City of Petaluma discharges at the current and proposed locations. • Set model boundary conditions and perform hydrodynamic simulations for aone-month wet weather period for the current and proposed discharge locations and constant peak daily wet weather discharge capacities. • Post -process model results to determine dilution, salinity and stage impacts of proposed discharge location and increased wet weather discharge capacity. • Produce a technical memorandum detailing the modeling study and results. A draft and final report will be prepared that includes methods and findings for the current and proposed outfall locations. For the dry weather scenarios, the report will identify the areal extent of mixing zones for various dilution ratios, expressed as 1 -hour, 24-hour and 96 -hour averages. This task also includes coordination with City staff and third parties completing CEQA documentation based on the results of the dilution modeling. Deliverables • Draft Dilution Study Report • Final Dilution Study Report Assumptions • City staff or a designee will provide direction on water surface elevation assumptions (MHHW and flood elevations) for the inundation mapping. There will be no hydrodynamic modeling of sea level rise together with flooding scenarios. • The fee estimate assumes one in-person meeting will occur with City staff to discuss the draft reports for Tasks 1, 2, and 3. Meeting budget is included in Taslc 2. Task 2 Mixing Zone Analysis The City's current NPDES permit includes a dilution credit for just one constituent —cyanide. However, dilution credits could be needed for additional constituents in the future, such as chronic toxicity. The Policy for Implementation of Toxics Standards foa° Inland SuNface Waters, Enclosed Bays, and Estuat�ies of Califon°nia (SIP) Section 1.4.2.2 includes 11 specific mixing zone conditions that must be met for the Regional Water Board to allow dilution credits on a pollutant - by -pollutant basis for shallow water dischargers. The SIP requires that the mixing zone be "as small as practicable," which the Regional Water Board has interpreted to be based on compliance feasibility. Task 2.1 Identify Pollutants of Concern Woodard &Curran will update the reasonable potential analysis (RPA) for priority pollutants and ammonia included in Attachment F, Section IV.C.3 the current NPDES permit. The RPA will be updated based on effluent data collected during the current NPDES permit term (June 2016 through late 2018) to identify pollutants for which effluent limits will most likely be included in City of Petaluma Scope of Work —Water Quality Studies for Outfall Relocation Page 3 of 8 17 the next permit renewal. CIWQS will be used for effluent data, while receiving water data will be based on recent water quality sampling in the tidal slough completed by City staff. Woodard & Curran will compile and review these data as a first step in conducting the RPA. Water quality objectives will be identified based on the ambient hardness, pH, and salinity in the tidal slough. At a minimum, cyanide and chronic toxicity will be considered constituents of concern requiring development of a mixing zone. Cyanide is included because the current NPDES permit identifies a mixing zone and dilution credit for cyanide, as required by the Basin Plan. Chronic toxicity is included because the statewide draft toxicity provisions released on October 18, 2018 require implementation with an Instream Waste Concentration, the inverse of a dilution ratio. Task 2.2 Analyze SIl' Mixing Zone Conditions Woodard &Curran will first estimate effluent limits and conduct compliance attainability analyses to determine threshold dilution credits for the pollutants identified in Task 2.1, for up to four pollutants, as applicable. These threshold dilution credits, paired with the results of the Dilution Study conducted under Taslc 1, will be used to determine the smallest practicable mixing zones. This task also includes activities such as preparing figures illustrating the extent of the mixing zones and determining the surface areas of the mixing zones and the percentage of the receiving water body occupied. Next, Woodard &Curran will investigate and prepare necessary documentation for compliance with State Implementation Policy (SII') mixing zone conditions. This includes items such as demonstrating that the discharge does not cause acute toxicity within the mixing zone and identifying potential adverse impacts on species listed under federal or state endangered species laws or their habitat. Task 2.3 Prepare Mixing Zone Anal si�port Woodard &Curran will prepare a draft Mixing Zone Analysis Report that brings together the information developed under previous tasks and provides a basis for appropriate dilution credits for use in calculating effluent limits in permitting of the proposed outfall relocation. Woodard & Curran will finalize the Mixing Zone Analysis Report following review and comment by the City. Task 2.4 Coordination with CEQA Team Woodard & Cui�an will coordinate with the CEQA team in addressing the mixing zone analysis within environmental documents required for the outfall relocation. This includes providing the CEQA team with the Final Mixing Zone Analysis results and participating in meetings via conference calls in response to questions or requests from the CEQA team. Deliverables • Draft Mixing Zone Analysis Report • Final Mixing Zone Analysis Report Assumptions • Mixing zones will be required for no more than four constituents of concern. City of Petaluma Scope of Work —Water Quality Studies for Outfall Relocation 18 • The CEQA team will provide available information about species of concern within the project area, for inclusion in the Mixing Zone Analysis Report. • The fee estimate assumes one in-person meeting will occur with City staff to discuss the draft reports for Taslcs 1, 2, and 3. Meeting budget is included in Taslc 2. Task 3 Antidegradation Analysis The relocation of the outfall must comply with federal and state antidegradation policies, and be documented as such in an Antidegradation Analysis. The Antidegradation Analysis will be performed with the assumption that the current outfall to the Petaluma River and the proposed outfall location on the tidal slough share the same designated receiving water (i.e., a tidal section of the Petaluma River that does not support the MUN beneficial use)). This assumption was vetted with Regional Water Board staff at the in-person meeting held on November 6, 2017. As a result, the proposed outfall location shares the same designated beneficial uses and impairment listings as the current outfall location. In general, the water quality objectives will also be the same between the two locations, although there may be minor differences in water quality objectives due to localized differences in hardness or salinity. The Antidegradation Analysis will focus on reasonable worst-case water quality impacts to the network of tidal channels that surrounds the current and proposal outfalls, with an assumption of 100% effluent in some locations (i.e., near the relocated outfall). Salinity will be evaluated on a seasonal basis, but other constituents will be analyzed only for the reasonable worst-case condition. Dilution modeling results from Task 1 will be used to determine the spatial extent of water quality impacts. Taslc 3.1 Determine Outfall Relocation Effects on Water Quality Woodard & Curran will identify pollutants of concern and compile and review effluent and receiving water data for these pollutants. This list of pollutants of concern is expected to be longer than the list developed for the dilution study, as it will not be limited to those constituents requiring a mixing zone for compliance with a water quality -based effluent limit. For each pollutant of concern, Woodard & Cturan will estimate the effect of the proposed new discharge location on receiving water concentrations within the tidal marsh and Petaluma River. Finally, Woodard & Curran will assess whether the expected changes in tidal marsh or Petaluma River water quality will result in degradation of the receiving water. Task 3.2 Determine Compliance with Antide�radation Policy Woodard &Curran will prepare language addressing required antidegradation considerations, which include: • The socioeconomic and public benefits that result from lowered water quality, • The affected beneficial uses and the extent of the impact, • A description of the alternatives considered, • A determination of any cumulative impacts, • A description of intergovernmental coordination, and City of Petaluma Scope of Work —Water Quality Studies for Outfall Relocation Page 5 of 8 19 • How the NPDES permit will require the highest statutory and regulatory requirements and best treatment. Task 3.3 Prepare Antidegradation Analysis Report Woodard &Curran will prepare a draft Antidegradation Analysis Report that brings together information developed under Taslcs 3.1— 3.3. Woodard &Curran will fmalize the Report following review and comment by the City. Task 3.4 Coordination with CEQA Team Woodard &Curran will coordinate with the CEQA team in addressing the antidegradation analysis within environmental documents required for the outfall relocation. This includes providing the CEQA team with a summary of the Antidegradation Analysis Report conclusions and participating in meetings via conference calls in response to questions or requests from the CEQA team. Deliverables • Draft Antidegradation Analysis Report • Final Antidegradation Analysis Report • Summary of the Antidegradation Analysis Report conclusions Assumptions • The fee estimate assumes one in-person meeting will occur with City staff to discuss the draft reports for Tasks 1, 2, and 3. Meeting budget is included in Task 2. • The Antidegradation Analysis will assume that the outfall relocation will not result in water quality impacts to the Petaluma River in locations beyond the project area or outside of the period of concern for water quality (dry weather). • The Antidegradation Analysis will not include a discussion of water quality impacts during wet weather (i.e., from the increase in maximum discharge from 14 MGD to 16 MGD), since they are expected to be infrequent and short in duration, and peak discharge capacity is not limited by the current NPDES permit. • Only a summary of the Antidegradation Analysis Report conclusions will be included in the CEQA environmental documents, not a copy of the Final Report. Task 4 Regional Water Board Coordination Taslc 4.1 Regional Water Board Coordination for Permit Modification Under this task, Woodard &Curran will develop proposed language for inclusion in an amended NPDES permit. This language will reflect the work performed in Tasks 1 through 3, as well as other aspects of the NPDES permit such as the Monitoring and Reporting Program (Attachment E) and Discharge Prohibition IILE (shallow water discharge prohibition) not reflected in the tasks above. This task also includes assistance with communication with Regional Water Board staff on permit modifications related to the outfall relocation. Communication with Regional Water Board staff City of Petaluma Scope of Work —Water Quality Studies for Outfall Relocation '.�- • • 20 will be conducted as needed and as budget allows. Tasks may include participation in a meeting with Regional Water Board staff, or providing additional information related to any of the subtaslcs above, in response to questions or requests from Regional Water Board staff. Deliverables • Suggested language for amended or NPDES permit reflecting new outfall location. Assumptions • One in-person meeting will be held with Regional Water Board staff. • The fee estimate for this task assumes the Regional Water Board will prepare a permit amendment rather than re -issuing the NPDES permit ahead of schedule. The fee estimate does not include preparation of a complete Report of Waste Discharge, which is required for re -issuance of the NPDES Permit. A complete Report of Waste Discharge is due by September 3, 2020 regardless of whether the outfall is relocated. Schedule The estimated duration of Taslcs 1 through 3 is approximately five months after receiving notice to proceed. This schedule assumes that City staff will review draft deliverables and provide comments within two weeks. The schedule shown below assumes that notice to proceed is received by February 1, 2019. Estimated Schedule f> Progress meeting with Regional Water Board Draft Report (latest) ♦ In-person meeting to discuss draft reports (2 weeks after draft reports transmitted) (j Final Report (4 weeks after conference call) Fee Estimate The estimated level of effort for the services described is $164,410, as shown in the fee estimate. A billing rate sheet is attached for reference. Billing will be based on time and materials, not by task completion. City of Petaluma Scope of Worlc —Water Quality Studies for Outfall Relocation 21 D LL L G 0o N 0 N O O bA cd 0 a N o N N O U Co C O O U (0 U1 (0 a N N U � U 3 c O n U NQ) C c CIO � � O N (0 O _C N N T N U 0 C a O C U1 o N a Co 15 U U_ C) N a4--. U,0000, O 040000 L_ O •m C C � C T N a o a) m 3 o w O O_ 73 N Y O p E rn cz U m o O 3 N U (0 Cf) Cd O o > O o O c cfzi (n rA U U j O O O N @ CL C o (n � •� ai m a m _ (D a O N 3 0 a, > O o C/) m c I o C/) x C O 7 m _ U I O 7 U 06cd N 5 u=i N a 4- ao�� a o o n s o O O �cno p N O co N M O 0 00 6�9 Qa � e N 6c,� ca CO O O O O O EA b4 6s 63 0% 0 0 0 0 0 ER 6s b9 ca di NIO CA N O N M oz� O ON N ER c EA b9 co CD w N N h OOcOmmm co O O N O N O O O N to Oct n O N N d 00 O O OCT N CO (V Y U) H U t O O p CIO N _O On E CN U) Uf4 Q) co c O c Q U � < a W c U < N c 7 a• 'X C O O n m c N 'O - N c m cl o 0 O C O a Q d U �— N M 'cY (V (V (V (V Y Y Y Y f - 0o N 0 N O O bA cd 0 a N o N N O U Co C O O U (0 U1 (0 a N N U � U 3 c O n U NQ) C c CIO � � O N (0 O _C N N T N U 0 C a O C U1 o N a Co 15 U U_ C) N a4--. U,0000, O 040000 L_ O •m C C � C T N a o a) m 3 o w O O_ 73 N Y O p E rn cz U m o O 3 N U (0 Cf) Cd O o > O o O c cfzi (n rA U U j O O O N @ CL C o (n � •� ai m a m _ (D a O N 3 0 a, > O o C/) m c I o C/) x C O 7 m _ U I O 7 U 06cd N 5 u=i N a 4- ao�� a o o n s o O O �cno p EXHIBIT B INSURANCE REQUIREMENTS FOR ALL AGREEMENTS Contractor's performance of the Services under this Agreement shall not commence until Contractor shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Contractor shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Contractor, the Contractor's agents, representatives, employees and subcontractors. A. Required Minimum Scope of Insurance Coverage shall be at least as broad as: ® Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. ® Insurance Services Office form covering Automobile Liability (any auto). © Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. ® Professional Liability/Errors and Omissions ❑ Property Insurance against all risks of loss to any tenant improvements or betterments. ❑ Pollution Liability Insurance ❑ Garage Liability ❑ Garagekeepers Insurance ❑ Technology Professional Liability Errors and Omissions Insurance (IT Consultant)/Cyber Liability ❑ Abuse or Molestation Liability Coverage B. Minimum Limits of Insurance Consultant shall maintain limits no less than: ® General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. © Products/Completed Operations: $1,000,000 per occurrence/aggregate. ® Automobile Liability: $1,000,000 per accident for bodily injury and property damage. ® Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. © Professional Liability/Elrors and Omissions: $1,000,000 per occurrence or claim. If the policy provides coverage on a claims -made basis, the retroactive date must be shown and must be before the date of the Agreement or the beginning of the contract work. ❑ All Rislc Property Insurance: Full replacement cost. INSURANCE REQUIREMENTS (City) 23 Seut 2018 ❑ Pollution legal liability with limits no less than $1,000,000 per occurrence or claim and $2,000,000 policy aggregate. If the policy provides coverage on a claims -made basis, the retroactive date must be shown and must be before the date of the Agreement or the beginning of the contract work. ❑ Garage Liability: $1,000,000 per occurrence. ❑ Garagekeepers Insurance: $1,000,000 per occurrence. ❑ Technology Professional Liability EzTors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private 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. 1. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or infoi�nation "property" of the City in the care, custody, or control of the Consultant. If not covered under the Consultant's liability policy, such "property" coverage of the City may be endorsed onto the Consultant's Cyber Liability as covered property as follows: 2. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City that will be in the care, custody, or control of the Consultant. 3. The Insurance obligations under this agreement shall be the greater of 1) all the Insurance coverage and limits carried by or available to the Consultant; or 2) the minimum Insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the indemnity or other obligations of the Consultant under this agreement. ❑ Abuse or Molestation Liability Coverage: $1,000,000 per occuiTence; $2,000,000 aggregate. C. Deductibles and Self -Insured Retentions Any deductibles orself-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. Policies containing any self- insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured (Contractor) or the City. City reserves the right to review any and all of the required insurance policies, declaration pages, and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor fiom, nor be INSURANCE REQUIREMENTS (City) 24. Sept 2018 D. construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. Additional Insured: The City, its officers, officials, employees, agents and volunteers are to be covered as Additional 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, officials, employees, agents or volunteers. 2. Primary and Non -Contributory: 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 orself-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. 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. 4. 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. 5. 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. 6. Waiver of Subrogation: Consultant agrees to waive subrogation rights for commercial general liability, automobile liability and worker's compensation against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. 7. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. 8. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Petaluma before the City of Petaluma's own insurance orself-insurance shall be called upon to protect it as a named insured. INSI.JRANCE REQUIREMENTS (City) 2S Sept 2018 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 NOTE: The City of Petaluma is now using an online insurance program, PINS Advantage. Once you have been awarded a contract with the City of Petaluma, you will receive an a -mail from PINS Advantage/City of Petaluma requesting that you forward the a -mail to your insurance agent(s). Consultant shall furnish the City with Certificate of Insurance along with Declarations and Endorsements effecting coverage required by this clause. 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 the Services commence. INSURANCE REQUII2EMENTS (City) 26 Sent 2018