american water works association partnership for … utility... · 2015-09-01 · american water...

AWWA RFP – PARTNERSHIP FOR CLEAN WATER – AUG 2015 of 15

American Water Works Association Partnership for Clean Water

RFP for Wastewater Treatment Plant Self-Assessment Guidance

08/31/2015

6666 West Quincy Avenue Denver, CO 80235-3098 www.awwa.org


I. INTRODUCTION / ORGANIZATION About AWWA and the Partnership for Clean Water Program The American Water Works Association (AWWA) is an international, nonprofit, scientific and educational society dedicated to the improvement of water quality and supply. Founded in 1881, AWWA is the largest organization of water supply professionals in the world. Its nearly 60,000 members represent the full spectrum of the water community: treatment plant operators and managers, scientists, environmentalists, manufacturers, consultants, academicians, regulators, and others who hold genuine interest in water supply and public health. Membership includes more than 4,700 utilities that supply water to roughly 180 million people in North America. You may obtain further information about AWWA on our Web site at www.awwa.org. The Partnership for Clean Water is an optimization and recognition program for wastewater utilities. The program is currently under development with an anticipated launch date of the wastewater treatment plant optimization program in June 2016. The Partnership for Clean Water is a parallel program to the Partnership for Safe Water’s optimization for drinking water treatment plants and distribution systems, which has been operating successfully since 1995. Both programs incorporate the principles of the USEPA’s Composite Correction Program to encourage utilities to perform a comprehensive self-assessment, identify factors limiting optimized performance, and develop and implement an action plan that enables utilities to realize improvements. Similar to the Partnership for Safe Water, the Partnership for Clean Water operates as an Enterprise department within AWWA. When and if work is awarded, the contract will be between the awarded organization and AWWA. Additional information about the Partnership for Safe Water may be obtained from the Partnership website at www.awwa.org/partnership. The Partnership for Clean Water/AWWA (AWWA) is issuing this Request for Proposal (RFP) to identify interested service providers and to obtain information regarding supplier qualifications, performance, and pricing to determine which provider is most suitable to service the Partnership for Clean Water in the capacity defined by the scope of work.

II. SCOPE OF WORK/STATEMENT OF SERVICES

AWWA/Partnership for Clean Water is investigating the availability and costs of providing the following: Development of self-assessment guidance to support the Partnership for Clean Water wastewater treatment plant optimization program. An overview, list of services, detailed proposed contents, and potential adders are included in the following sections. This project is led by the AWWA Partnership for Clean Water staff and volunteer committee which is comprised of subject matter experts in utility optimization and wastewater treatment. AWWA staff and the committee will contribute to the development of the guide in that they will provide content from the existing self-assessment guidance for use in the wastewater treatment guide, review draft material on a periodic basis, participate in monthly (minimum) progress meetings, and provide general feedback and suggestions regarding content, including the potential for additional electronic resources and associated tools. AWWA staff and the committee will generally serve as a partner to the selected service provider in content development. Key deliverables and due dates are listed in the following table.

http://www.awwa.org/

http://www.awwa.org/partnership


Deliverable Due Date

Project Kickoff Meeting By November 30, 2015

Facilitated Wastewater Utility Information Gathering Meeting

TBD

Progress Meetings Monthly (minimum)

Draft Materials for Review Monthly (minimum)

Substantial Completion (30% draft) February 28, 2016

Completed Self-Assessment Guidance Draft Document

April 15, 2016

Self-Assessment Guide Overview The Partnership for Safe/Clean Water self-assessment guidance manuals are the primary subscriber resources for completion of the self-assessment process. Existing guidance manuals to support the Partnership for Safe Water include: Self-Assessment for Water Treatment Plant Optimization (2015) Self-Assessment Guide for Distribution System Optimization (2011) These resources are based on the principles of the USEPA’s Composite Correction Program guidance. Electronic versions of both guides are available to all responders upon request. It is expected that selected contents of the existing guidance will be utilized in the creation of Self-Assessment for Wastewater Treatment Plant Optimization and that this guide will follow a similar structure to that used in existing Partnership self-assessment guidance. This will be defined by AWWA Staff during the course of the project. The selected responder will work closely with AWWA Staff in the development of the wastewater treatment plant self-assessment guidance. The Self-Assessment Guide provides framework for assessment of wastewater treatment facilities according to the following broad areas: Performance Assessment Capacity Assessment Unit Process Performance Assessment Energy Assessment Operational Assessment Administrative Assessment A series of self-assessment questions are provided for each of these areas, for which guide users document their optimization status and are provided guidance for the identification and prioritization of performance limiting factors and development of action plans for performance and operational improvements. The format in which this information is provided may be accessed in the Partnership’s existing works. List of Services

Development of the self-assessment guidance for wastewater treatment plant optimization consists of the following components:

Project kickoff meeting to be conducted prior to November 30, 2015.

Project planning meeting and progress meetings (minimum monthly) with key Partnership for Clean

Water staff and volunteers. Depending on the location of the service provider, these meetings may

take place in person or by conference call/web.

Facilitated information gathering meeting with wastewater utilities (minimum 1). These meetings

may take place in person or by conference call/webinar according to timing deemed most


appropriate to the responder. The objective of such meetings are to capture relevant wastewater

treatment plant optimization knowledge from wastewater treatment plant staff.

Contribute to the establishment of optimization goals for water quality and energy efficiency

Development of draft self-assessment guidance for wastewater treatment plant optimization,

according to the proposed objectives and outline included in section 3.3. Areas for which AWWA

will provide substantial materials are indicated.

o The current self-assessment guidance for water treatment plants is approximately 380

pages in length, including appendices. It is recommended that the wastewater treatment

guidance not be significantly longer than this.

Provision of draft documents for review by Partnership Staff at intervals defined in the following

section.

The draft will be subject to AWWA Partnership for Clean Water review, after which it is submitted

to the AWWA Publications department for publication as a subscriber resource. Manuscripts must

be submitted according to AWWA formatting requirements.

Self-Assessment Guide Objectives and Outline

Objective of Guide

Serve as a resource for wastewater treatment plants striving to achieve process excellence. The

guide will focus on process optimization and will serve as a framework to identify performance

limiting factors within any treatment configuration.

Focus on addressing optimization of wastewater treatment plant unit processes for:

o Nutrient removal/water quality parameters

o Energy efficiency

Provide clear instruction for utilities in performing a self-assessment to learn as much as possible,

including how to best draft self-assessment completion reports for submission to the Partnership

for Clean Water for peer-review.

Proposed Guide Outline

A proposed outline for the self-assessment guidance is included in this section. Note that development of

the guide is anticipated to be a joint effort between AWWA and the responder. AWWA will provide

significant content for several areas of the guide, as indicated below. The responder will be responsible for

primary development of several areas of the guide, including the Unit Process Performance Assessment and

the Energy Assessment. Upon request, AWWA will provide a platform for document collaboration and

control, such as use of SharePoint. Simultaneous to development of this guidance, AWWA will be

developing data collection software for program subscriber use. It is expected that this data collection

software will be referenced in the guide.

Executive Summary and other Introductory Material – AWWA to provide significant content

Introduction – AWWA to provide significant content

Why optimize

Partnership for Clean Water background

How to use this guide


Guide layout

Composite Correction Program background

Self-Assessment goals

o Table of optimization goals

Getting started with the self-assessment

Self-Assessment and its role in the Partnership for Clean Water

Guidance for plants undergoing renovation

Self-assessment completion report

References

Performance Assessment – Responder to provide significant content

Objective

Understanding

Setting goals

What is optimized performance

Performance assessment data collection

o To include key optimization areas and a sludge accountability assessment

o Data collection software overview (AWWA to provide)

Status (this is the section where the self-assessment questions pertaining to performance are

asked)

Action (suggested actions to take to improve performance)

Performance limiting factor summary

References

Capacity Assessment – AWWA to provide significant content

Understanding

Performance potential graph approach

Rating individual unit processes

Status

Action


References

Unit Process Performance Assessment – Responder to provide significant content

Proposed unit processes for inclusion in the guide are listed below. It is initially proposed that liquid

treatment processes are given greater weight than solids handling processes. The responder is not limited

to these areas but is encouraged to use them as a framework for guidance development and may develop

an alternate set of wastewater treatment unit processes for inclusion in the guide.

1. Liquid Treatment

a. Preliminary Wastewater Treatment

i. Coarse Debris Removal

ii. Grit Removal


iii. Grease Removal

b. Primary Wastewater Treatment

i. Removal of organic matter

1. Sedimentation

c. Conventional Secondary Wastewater Treatment

i. Removal of biodegradeable organics and suspended solids

1. Suspended Growth

2. Attached Growth

d. Disinfection of microorganisms

i. Chemical Agents

ii. Physical Agents

1. Heat

2. Light

iii. Radiation

e. Nutrient Removal

i. Biological

ii. Chemical

f. Advanced Wastewater Treatment/Wastewater Reclamation

i. Treatment levels elevated above Conventional

a. Chemical coagulation, flocculation, sedimentation, and Filtration

2. Solids Treatment

a. Preliminary Operations

i. Sludge Grinding

ii. Sludge Degritting

iii. Sludge Blending

iv. Sludge Storage

b. Thickening

i. Gravity Thickening

ii. Flotation Thickening

iii. Centrifugation

iv. Gravity Belt Thickening

v. Rotary Drum Thickening

c. Stabilization

i. Lime Stabilization

ii. Heat Treatment

iii. Anaerobic Digestion

iv. Aerobic Digestion

v. Composting

d. Dewatering

i. Vacuum Filter

ii. Centrifuge

iii. Belt Filter Press

iv. Filter Press


v. Sludge Drying Beds

vi. Lagoons

e. Disposal

i. Land Application

ii. Marketed Distribution

iii. Landfill

iv. Lagooning

v. Chemical Fixation

Energy Assessment – Responder to provide significant content

Covers energy efficiency component of self-assessment – background and guidance on how to

complete the energy audit/assessment component of the program (including recommendation of

an energy assessment software platform)

Status

Action

o Best practices for WWTP energy management

Application of Operational Concepts – AWWA to provide significant content

Process control testing

Operator application of concepts

Communication

Online instrumentation/SCADA


References

Administration – AWWA to provide significant content

Administrative policies

Acceptance of optimization goals

Involvement of all parties in the Partnership process

Documentation/demonstration of addressing complacency

Training

Staffing

Funding

Performance limiting factors summary

Identification and Prioritization of Performance Limiting Factors – AWWA to provide significant content

Identification of performance limiting factors

Prioritization of performance limiting factors

Developing action plans

Implementing action plans

Conclusion

Self-assessment question summary


Appendices

Adders (Optional) Responders may wish to consider the following items as adders to the project.

Assisting with the process of piloting the self-assessment documentation, or portions thereof, at a

wastewater treatment facility. This may take place at any point throughout the process.

Development of a self-assessment report template and example document

Development of self-assessment report review and scoring criteria, following existing Partnership

for Safe Water guidelines

Training of program volunteers in self-assessment report review techniques

Development of complementary resources to the self-assessment guidance document (for

example, videos, interactive tools, software, etc)

Any additional services that add value to the project and will ultimately benefit wastewater utilities

in the self-assessment process.

The inclusion of any or all of these adders is optional. If adders are included, please provide a separate line item cost for each adder, a description of the proposed materials to be provided, and a description of how they will add value to the overall project and benefit Partnership for Clean Water subscribers.

III. PROPOSAL TERMS AND CONDITIONS AND SUBMITTAL INSTRUCTIONS

A. AWWA Contact Person

All correspondence and responses concerning this RFP should be addressed to: Barbara Martin Senior Manager – Partnership Programs American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 303-347-6220 [email protected]

Questions regarding this RFP must be communicated via e-mail to Barbara Martin no later than September 15, 2015 at 5:00 PM MDT].

B. Timetable for RFP Process

1. RFP Issued 8/31/2015

2. Due Date for Questions 9/15/2015

3. Due Date for Responses to Questions 9/30/2015

4. Due Date for Proposals 10/15/2015, 5:00pm MDT


5. Notification to Successful Responder (approx date) 10/31/2015

6. Target Contract Completion (approximate date) 4/15/2016

C. Terms and Conditions of Participating in RFP Process

1. Confidentiality. Responders and others receiving this RFP may not disclose information contained in this RFP to other persons, or to its own employees, officers, and agents not having a need to know the RFP’s contents in order to properly prepare a proposal. Suppliers cannot, and agree that they will not, duplicate or make available this document or the information contained in it without the express written consent of AWWA.

2. Additional Information. During its evaluation of the various proposals submitted, AWWA

reserves the right to request additional information or clarifications from responders related to the RFP. Top responders may be required to make presentations to the AWWA Project Evaluation Team.

3. AWWA Right to Use Proposal Ideas. AWWA reserves the right to retain all proposals and to use

any ideas in a proposal regardless of whether the proposal is selected. Submission of a proposal indicates acceptance by the responder of the conditions contained in this request for professional service, unless clearly stated and specifically noted in the submitted proposal and confirmed in the agreement between AWWA and the selected responder.

4. No Reimbursement for Proposal Expenses. AWWA has no expressed or implied obligation to

reimburse responders for their expenses incurred in preparing or presenting information in response to this request.

5. AWWA Changes to RFP Documents. All changes to the RFP documents shall be through written

addendum and furnished by AWWA to all suppliers who elect to participate. Verbal information obtained otherwise will not be considered in awarding of the proposal.

D. Submittal Format and Requirements

Form of Submittal. Submittals shall consist of one (1) PDF format of the proposal. No telephone, facsimile, or hardcopy proposals will be considered. Proposals received later than the above-referenced date may not be considered for award. Please respond to the RFP in accordance with the instructions and format noted. You may provide additional supporting documentation pertinent to clarification of the proposal not included in the required proposal. Responses must be numbered or listed consistently with the listed sequence in each section.

Value Enhancement Proposals. AWWA will consider items or services offered by responder as project value enhancement. AWWA respects the expertise of responder in suggesting a project of enhanced value.

All proposals responding to this RFP shall include the following:


1. Transmittal letter on official business letterhead including:

a. Name of the responder submitting the proposal;

b. Name, title, address, telephone number, and e-mail address of the individual to contact for further information;

c. Name, title, address, telephone number, and e-mail address of the individual authorized

by the responder to contractually obligate the responder’s organization; and

d. Signature of the individual authorized to contractually obligate the responder’s organization.

2. Project Manager and Staff: Describe the experience of the individuals who will be assigned to

the project. Describe the qualifications of each individual as they pertain to the scope of work, including specific experience with the Partnership for Safe Water or USEPA Composite Correction program principles. Include a brief resume or summary paragraph for each individual.

3. Organization: Provide a brief description of the responder’s organization and indicate how many

years the responder’s organization has been providing the services sought by AWWA. If different from the address given above, please identify the address of the facility from which services will be performed.

4. Scope of Services: Provide a description of responder’s understanding of and willingness to

comply with the scope of work/statement of services described in Section II.

5. Methodology: Describe in ten pages or less the responder’s approach to the scope of work/statement of services outlined in Section II. (The ten-page limit shall not be applied to responses supported by additional documentation, such as personnel resumes and standard contracting documents.) Please explain any differences between responder’s approach to the services from the description of services contained in Section II above, and the effect of such differences on AWWA.

6. Timeliness: Provide a statement of assurance that the time deadlines for deliverables will be

met, according to the following table:

Deliverable Due Date

Project Kickoff Meeting By November 30, 2015

Facilitated Wastewater Utility Information Gathering Meeting

TBD (please propose timing)

Progress Meetings Monthly (minimum)

Draft Materials for Review Monthly (minimum)

Substantial Completion (30% draft) February 28, 2016

Completed Self-Assessment Guidance Draft Document

April 15, 2016

7. Fees: Please identify proposal fees for the items/services requested on a “not to exceed basis”.

Other costs such as travel, consulting fees, and incidentals should be specifically identified.


8. Pricing: Please provide a breakdown of your pricing methodology as a separate document at the end of the proposal. Invoicing shall occur upon the completion of project deliverable milestones and will be finalized during the contracting process. Please include the following pricing information:

“Not to exceed” price for required self-assessment guide components

Price for adders (option). Pricing for each adder should be provided as a separate line item.

If the responder selects to respond with a proposal only for a selected portion of the services, please clearly identify the included components and associated pricing. Note that this is not the preferred option but will be considered.

9. References: A list of clients [minimum three (3)] for whom similar services have been performed by the key personnel in Item D. 2. above. The minimum information that must be provided about each reference is:

Name and address of company

Name and phone number of contact person

Description and dates of work performed 10. Standard Contracting Documents: Provide a copy of responder’s standard contracting

documents.

IV. EVALUATION PROCESS AWWA may evaluate the proposals in two steps. Step one will involve review of the written proposals. Step two may involve presentations by the top responders to the AWWA Project Evaluation Team. During both steps, AWWA will evaluate the responder using criteria similar to that listed below:

Responder’s conceptualization of the project;

Responder’s methodology to accomplish the project;

Compatibility of responder’s project approach to AWWA’s approach;

Qualifications of responder’s professional staff and management team. This includes specialized staffing expertise, with preference given to previous documented experience with Partnership for Safe Water, USEPA Composite Correction Program, or the application of similar utility assessment and optimization techniques, as well as wastewater treatment expertise;

Background and resources of responder and employees;

Level of detail in responder cost breakdown, fees and expenses;

Comprehensiveness of responder’s proposal;


Overall responsiveness of responder to the RFP requirements;

Ability to support future potential Partnership for Clean Water/AWWA technical requirements or projects.

Quality of responder’s presentation; and

Overall cost estimate.

The proposals will be evaluated by the AWWA Partnership for Clean Water Project Team, and the award will be made to the responder whose proposal best complies with this RFP and is most advantageous to AWWA and its customers. Price and other factors will be considered to determine final award. In making its award, AWWA will make positive efforts to utilize small businesses, minority-owned firms, and women’s business enterprises and will encourage responders from those groups to submit proposals. The successful responder shall not discriminate on the basis of race, color, nation origin gender, religion or disability.

V. MANDATORY CONTRACT TERMS

Submission of a proposal indicates the responder’s acceptance of the conditions contained in this RFP and the following provisions to be included in the final contract. A responder may specifically object to any provision of this RFP, including the following contract provisions, and provide a suggested alternative provision. AWWA will determine if an offered alternative is acceptable.

A. Statements. Contractor shall submit invoices for all services performed upon (1) successful

completion of each project or service to AWWA’s satisfaction; or (2) on a monthly basis. Invoices shall itemize and describe in detail each task performed, the date each task was performed, the time expended in performance of each task, and any other detail reasonably requested by AWWA.

B. Payment. AWWA shall have no obligation to pay invoices until AWWA determines services have

been satisfactorily performed. If it determines services performed are acceptable, AWWA will issue payment within thirty (30) days after receipt of Contractor’s Invoice.

C. Maximum Costs. The total billable costs to AWWA with respect to any Project shall be identified in

the Exhibits hereto. D. Independent Contractor. It is the expressed intent of the parties that Contractor is an independent

contractor and not the agent, employee, servant, partner or joint venture of AWWA and that:

1. CONTRACTOR SHALL SATISFY ALL TAX AND OTHER GOVERNMENTALLY IMPOSED RESPONSIBILITIES INCLUDING WHERE APPLICABLE, BUT NOT LIMITED TO, PAYMENT OF STATE, FEDERAL AND SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES, WORKERS’ COMPENSATION INSURANCE, PAYROLL AND SELF-EMPLOYMENT TAXES. NO FEDERAL, STATE OR LOCAL TAXES OF ANY KIND SHALL BE WITHHELD OR PAID BY AWWA.


2. CONTRACTOR IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE, WORKERS’ COMPENSATION, OR ANY OTHER BENEFITS FROM AWWA OR ITS INSURERS.

3. Contractor does not have the authority to act for AWWA, or to bind AWWA in any respect

whatsoever, or to incur any debts or liabilities in the name of or on behalf of AWWA. 4. Contractor has and hereby retains control of and supervision over the performance of

Contractor’s obligations hereunder and control over any persons employed by Contractor for performing the Services hereunder;

5. Contractor may provide similar services to the general public, and is not required to work

exclusively for AWWA. 6. All Services are to be performed solely at Contractor’s own risk, and Contractor shall take all

precautions necessary for their proper performance. 7. Contractor will acquire and maintain in full force and effect all permits, licenses,

certifications, and insurance required by AWWA. Failure to comply with this paragraph is grounds for immediate termination of this agreement.

E. Contractor Responsibilities. In addition to all other obligations contained herein, Contractor agrees:

1. to except as otherwise expressly identified in a contract and/or exhibit as being furnished by

AWWA, to furnish all tools, labor, and supplies in such quantities and of the proper quality to professionally and timely perform the Services;

2. to perform Services in accordance with the highest professional workmanship and service

standards in the field to the satisfaction of AWWA; 3. to comply, at its own expense, with the provisions of all state, local and federal laws, regulations,

ordinances, requirements and codes which are applicable to the performance of the Services hereunder or to Contractor; and

4. to carry at all times at its own expense automobile insurance coverage, workers compensation

insurance, where and to the extent required by law, and such other insurance coverage as may be required by law and applicable to Contractor’s performance of Services, or as specifically stated in the contract. Proof of any required insurance shall be presented to AWWA upon its request.

5. to acknowledge that AWWA is an equal opportunity employer and does not discriminate

on the basis of age, sex, race, religion, color, and national origin or physical or mental disability. Upon execution of a contract, the contractor agrees to support AWWA’s non-discrimination policy and require all subcontractors to support this policy and abide by all laws, rules, and executive orders governing equal employment opportunity. The contractor also agrees to make available to AWWA, upon reasonable request, proof of its efforts to comply.

F. General Terms and Conditions of a Potential Agreement


1. Severability. If any of the provisions of an Agreement are invalid or unenforceable, it shall not affect the remainder of the Agreement, but rather the Agreement shall be construed as if not containing the invalid or unenforceable provisions.

2. Confidentiality. Contractor acknowledges that, in connection with the performance of Services

under an Agreement, it may receive, discover, or develop certain confidential or proprietary technical and/or business information and materials of or relating to AWWA, its business, and/or its customers and contractors (“Confidential Information”). Confidential Information includes information that was disclosed or developed prior to the agreement’s effective date, to the extent it relates to AWWA, its business, members, contractors and/or operations. Contractor hereby agrees: (i) to hold and maintain in strict confidence all Confidential Information and not to disclose it to any third party; and (ii) not to use any Confidential Information except as permitted by the Agreement or as may be necessary to perform its obligations under the Agreement. Upon AWWA’s request to Contractor to do so, Contractor shall promptly return to AWWA, and shall destroy hard copies and delete from any of its electronic storage devices, all materials containing, embodying, or referring to the Confidential Information of AWWA.

3. Intellectual Property. The products of the Services and an Agreement shall be the sole and

exclusive property of AWWA, free from any claim or retention of rights thereto on the part of Contractor, its employees, or other parties. Contractor hereby represents and warrants that any work product delivered to AWWA hereunder shall constitute an original work of authorship and shall be free from any claims of infringement or other rights thereto. The parties agree that all such work product shall be “works made for hire” within the meaning of the U.S. Copyright Act and for all such products AWWA shall be deemed to be the “author” and shall have sole ownership, right, title and interest in all intellectual property rights embodied therein, including all copyrights, invention rights, patent rights, and trade secret rights. In the event that such work product is not considered “works made for hire,” Contractor, on behalf of itself and its employees, hereby assigns to AWWA all rights, title and interest in and to all copyrights, invention rights, patent rights, trade secret rights, and any other intellectual property rights contained or embodied in any work product developed in whole or in part by Contractor hereunder to AWWA. Contractor further agrees to give AWWA, and any other person designated by AWWA, all assistance reasonably necessary to perfect its rights pursuant to this paragraph, and Contractor agrees not to use, sell, transfer, assign, or plagiarize any work product that is developed hereunder.

4. Entire Agreement, Amendments and Modification. The Agreement would constitute the entire

Agreement between AWWA and Contractor with respect to the subject matter of the Agreement and these provisions shall supersede or replace any prior or contemporaneous understandings and agreements. The Agreement may not be modified or amended except in writing with the same degree of formality with which the Agreement has been executed.

5. Indemnification/Insurance. Contractor would agree to indemnify, hold harmless and defend

AWWA, its agents, employees, representatives, subcontractors, suppliers, invitees and members, of and from any and all claims, demands, losses, causes of action, damages, lawsuits and judgments, including attorneys’ fees and costs, arising out of or relating to the work of Contractor as described in the Agreement.

The Contractor will provide proof of insurance prior to signing a contract. The Contractor shall carry at all times at its own expense workers compensation insurance, automobile insurance


coverage, where and to the extent required by law, and such other insurance coverage as may be required by law and applicable to the performance of services.