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HomeMy WebLinkAboutCDC/2008-43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. CDC/2008-43 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a public body, corporate and politic existing under the laws of the State of California, Health and Safety Code 33100, and is charged with the mission of redeveloping blighted and underutilized land; and WHEREAS, on April 21, 2008, the Mayor and Common Council of the City of San Bernardino ("Council") approved and consented to a Real Property Acquisition Agreement ("Agreement") for the disposition of that certain real property consisting of approximately 7.7 acres (APN: 0135-221-22) located at 247 West 3rd Street which is bounded by 3rd Street to the north, 15 Arrowhead Avenue to the west and 2nd Street to the south ("Property") in the Central City East 16 17 18 19 20 Redevelopment Project Area ("Project Area"), to the Judicial Council of California Administrative Office of the Court ("AOC"); and WHEREAS, the Agreement provides for the Property to be developed into a new Courthouse with 36 new courtrooms, Office of the Clerk of the Court, Executive Offices, security operations, and holding areas with 485 parking spaces totaling approximately 356,000 square feet 21 with a 12 story building and costing approximately $303 million ("Project"); and 22 23 24 25 26 27 28 WHEREAS, the Agreement also provides for the Agency to relocate the existing sanitary sewer line and other infrastructure located below the surface of the Property prior to the close of escrow for the Project; and WHEREAS, in July 2008, the Agency released a Request for Proposal to select an engineering fIrm to provide the necessary engineering, surveying, design, and construction management services to complete the infrastructure relocation; and 1 P:\AgendalJ\Resolutions\ResoIuti0lllJ\2008\11-17-08 WlIldan Engineering - Professional Services Agrccmcnt CDC RESO FINAL.doc CDC/2008-43 1 WHEREAS, on November 6, 2008, the Agency recommended to the Redevelopment 2 Committee that a professional services agreement be entered into with Willdan Engineering to 3 conduct the first phase of the relocation of the sewer line, said first phase being preliminary 4 engineering and surveying; and 5 WHEREAS, the Agency recommends to the Commission to approve and authorize the 6 Interim Executive Director to sign said professional service agreement. 7 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 8 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 9 FOLLOWS: 10 Section 1. The Community Development Commission of the City of San Bernardino 11 ("Commission") hereby approves and hereby authorizes the Interim Execute Director of the Agency 12 to execute a professional services agreement with Willdan Engineering on behalf of the Agency, and 13 to proceed solely with the Phase 1 study as identified in Exhibit "B" to the professional services 14 agreement, together with such technical and conforming changes as may be recommended by the 15 Executive Director of the Agency and approved by the Agency Counsel. 16 Section 2. This Resolution shall take effect from and after its date of adoption by this 17 Commission. 18 /II 19 /II 20 III 21 /II 22 /II 23 /II 24 /II 25 1/1 26 /II 27 /II 28 1/1 2 P:\Agcndas\Rcsolutions\1lesolutions\2008\11-174J8 Willdan Engineering. Professional Services AgRement CDC RESO FINAL.doc 1 2 3 4 5 6 7 CDC/2008-43 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND WILLDAN ENGINEERING FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE RELOCATION OF THE SEWER LINE AT THE NEW COUNTY COURT HOUSE LOCATED AT 247 WEST 3RD STREET (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a joint regular 9 thereof, held on the 17th day of November, 2008, by the following vote to wit: meeting 10 Commission Members: Aves Navs Abstain Absent 11 ESTRADA x - 12 BAXTER x 13 BRINKER x 14 DERRY x 15 KELLEY x 16 JOHNSON x 17 MC CAMMACK x 18 ~ 19 Secretary 20 The foregoing Resolution is hereby approved this /j/nI day of November 21 22 23 24 ,2008. tric J. Morris, on Co ity Development Commission of the City of San Bernardino 25 Approved as to Form: 26 27 By: C~~~ 28 3 P:\Agendas\Resolulions\Relolutions\2008\l1-17-o8 WiIldan Engineering. Professional Services Agreement CDC RESO FINAL.doc CDC/2008-43 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of November 17, 2008, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and Willdan Engineering, ("Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit " A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first appearing in this Agreement and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the October 31,2008, Amended Scope of Services - Phase I, attached hereto as Exhibit "B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. CDC/20p8-43 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $58,830 for completion of the services described in the Scope of Services set forth in Exhibit "B." B. The compensation desigrtated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not. be limited to, the salaries of all subcontractors retained by the Consultant and all employees of the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses . incurred for rnileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bemardino Attention: Kathleen Robles, Project Manager 201 North "E" Street, Suite 301 San Bemardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. 1. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant CDC/2008-43 hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, sliCh records shall be retained by the Consultant until all such litigation or audit has been resolved. 6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or related to negligent performance by the Consultant of the work required under this Agreement. 7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the Agency pursuant to Section 6, above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant in the performance of the duties incurred by the Consultant pursuant to this Agreement. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, CDC/2008-43 specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records. The Consultant shall execute, acknowledge, and perform any and all acts which shall reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant. 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency. 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. CDC/2008-43 C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the' exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: Willdan Engineering 2401 East Katella Avenue, Ste 450 Anaheim, CA 92806-6073 Attn: Ken Taylor CDC/2008-43 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil Marzullo, Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Consultant under this Agreement. 15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its subcontractors to perform any item of work described in the Scope of Services.' The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to .circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term CDC/2008-43 and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions, and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement ofsuch terms. 19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 21. NON-WANER. Failure of either party to enforce any provlSlon of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or more counterparts, each of which will constitute an original. 25. EFFECTNENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the Agency and executed by the Interim Executive Director or his designee. 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Agreement except as previously disclosed to the Agency Staff and in particular with respect to other work being performed by the Consultant for the (i)_N/A and (ii) _N/A . The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the CDC/2008-43 City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Agreement. 27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related services. The Agency may, during the term of this Agreement, contract with other consultants for the performance of the same, similar, or related services as those that may be performed by the Consultant under this Agreement. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Agreement. 28. CONSEOUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. CDC/2008-43 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated: /1 ~ /1/ . Redevelopment Agency of the City of San Bemardino, a public rate and politic Z By: Emil Marzullo, terirn Executive Director Approved as to Form and Legal Content: By: Timothy Saba CONSULTANT Dated: Willdan Engineering 2401 East Katella Avenue, Ste 450 Anaheim, CA 92806-6073 By: 4A c.. 7)L Name: Kenneth C. Tavlor Title: Vice President Agency Staff: CDC/2008-43 EXHmIT "A" SUPERVISORY STAFF PERSONNEL Emil Marzullo, Interim Executive Director Don Gee, Deputy Director Kathleen Robles, Project Manager CDC/2008-43 EXHmIT "B" SCOPE OF SERVICES Amended October 31, 2008 Phase 1 CDC/2008-43 ....../WILlD.AN.1 ~ ~ ~n""",,""" October 31, ~ ~, J(athleel! l!.obieS EZJEO I'fujecl M...., City of sui BernlJAlo Beonomic Devclop_ Aaency ~~I NOl1l1 '1'SW#I, WIlt iot san ~4ktol, CA. 9'J401 Re: Ameaded Proposal for EnalneerIDg and Construction Senkes for Sanitary S.wel' LIne lelocatlon Dear Ms, Robles: Herein is our amended proposal to provide f.Aa\neeriIII an4 Construction Services for Sl!IIitaiy $ewer Line Relocation. This amended proposal ...,.._ .... adjusts our or~inal proposal, whlc$ was submitted to the CIty of a.. Bernardino EcOllOllllc: De1I~_ A,tency (EDA) on AIIpIl21, iOOI. Per yOur ""Iuest "have~arated the project IMo tWO phases: Phase I: Phase 2: Sanitary Sewer Relocation and Storm Drain Study SanItary Sewer Relocation and Storm Drain Removal DesiJll, Contract Administration ASsistance, and Co)1str\!ctjbn Management Services Pet OUr discussions, we wMl foclJI OIIl11ree SMiW'y lIewer relocation llIti:rnatives in the Phase I stuM work: 1. ll.emove the eJ(istina $ewer.... relocale a new replacemenl sewer just south oj'", proposed new bulfd(q fOOlfrinI'" MY .....-4 fdItles 011 ... exlstm. ptopIlrt)', 2. Remove die existinllltwer alld relocale a new replacement sewer along the east and sout~ property Ilne (on the property) juIllO IIle west of the existing Wann Creek drainage sys1em 3. Remove the exiSI\Ii. $ewer ll/ld relocate a new teplacell1ellt $ewer ~ in W_ 3rd Street to IIle IMIII~ wldI N~An-o~ Av(\nlle: _ .. in Nl;dl Arro'I!lItd A-.IO wfleM .. ~ (!o tle 1doc I t) ~ __ m_ (COIlI'$l KoId\ AlRUbtrl4 COIIMdloa), ~ II .'fIllllnuht) WfM1llet- west :w ,........ ... 2nd .... Tllb nl>W _ -W ...... ell'" >>tRcll1o l1-1nd1_ .. .... ... silk 111 Nor1fl A""",he'" AvtiIUe 1ld9I_ West W........... _ MontI AII\lIo1lfl. ccnnectlooo. The diticall!llllh 111 die overall project schedule is uudeli;1OOlI ill thai a condition of the ~ P1'opertY Apeement tlelweealhe city Economic Development Ape)' (mI.) IIld ... ... ~ Oftb of the o-ts (AOq ltI,pulates that the existhlt sanl..,. _oallle IUtljId IlfOlIUlJ II to be excavated and ~Ioca~ pdQr.. tllo clo$C oj' esaow wldI_ mln -1-1" 10 "'no ~... l111y I. 2009. Plle \0 !he ...... Idledule. WlIIdIII wll 1*'0111. 1M ~ I and "'- 2 work as ex,eIIl...1I) .. JlOI$IbIe. ~.J;..t4.l1--"""1 P'Iloi'dIII-~ 71__ t eoo~44I"" . I--...-.......--.e. '11111_1_"'-"- ~ CDC/2008-43 Ms, Katbleett Robles October 31. 2001 P.2 1'hll5ll1 . SultBry s...erltdG Ctldea _ S10nn DnIIa St1lcIJ More Iban likely. all or most of work.-wed wiih I'hase I Task Nos. U, U. andU will need to. t>> CQII.... ." ~ in order tp del. .~ '.llIt ~1 .!.f\q 10 Mly evah)ata .. .... __. '. all." sewer allan..... ~... l:I\t. ~ 11_ 11 ,........ ~ 111JI I Ui:.M ~ Waria CIwIIt .wN lit ,,'iiI'll'i~ .... _ dlI4:ullIr.., .. illu....~..,. .. .. ~.I ~ l' .... il result less pennIt evllluallon wlI be reqt:iftd and _ have t r t ,-.. .. I\oun ... ... _1' . 1riIII Phase 1 1'a,sic U. Aka, work assocl1ued with TMb 1.6 and 1.'7 ....t.n redllce41a considlrailon of reduce<t ~_ .."'. .. ~nlailoll ill !lie ..., repprt. 'floe NpOlt wltl be developed to ex~d~ 1I\e""" "IIY'" atId....... In revlewln~available survey lnt'onnation for the project lIlCa lncludi~ the field sUl'Vey worll conducted by Psomas in Mareh :aooe, _ have concluded iIlIt . _ --1tIIW)' does not need 10 be Ible _ .M \lie field l\Il'Vey WOIt llu","' hi our tJltsIMt JIftlpOIIIIs ...... to IIIJIplemenl, ......".1lJI4 ~ .. llle ~ llirV4y WClIt. i.e. 1IO ~ ....., WOtIt .... ..... ~ III tills ....niW pmposat. As MOwn In our attached amended sCope, hours, and fee !able, Phase I woIl< Is estimated at a 1lOl-lo- exceed fee of s51,'3O. Pbast 1 - SliDiJaloy S.ww a~n IiDd Stoml Qul" teQiPvit lle$Ip, COII....ct Administration Assistance, .... ConAtuCtIon Manaae..... seme. tn. order 10 quantIfy sanitary sewer design, construction services as well as an estimated project schedule in ourorillnatproposlil, a sal)ilar)' seweralianme........ Ullla ._ Plttillld_ Wi\I'Rt CfIeek; _.~ ... NoltI\ ~ v..- A",,* to .. ~ w!lIlliat ....; lhen west 011 Xlna SIlIet 10 . ~ 1riIII lllC ~1ilIJlll ....Jlole III 1M vIcIlllty of .. Hri Arrowhead Avenue IaIenecllon (s.rnpIe Attematlve 2) wu uSlHlted. ThIs .lIit4lne111 Is approximaldy 1,600 linear feet long. ! ,As this allel'p,iUive aU,nli!llnt will now not be.' 'l}valr.tiUed. the al.tetnati~.. nt 9f I'QlltI~ thl} ~u 1l.Il___westl.WtltI)ftI.....lOthl}in~.......~ .. . ^__'*'''' scum ill North A..nlltd ^\'tIllUe lIt.....lllC '11ttlIlt (It M Rtpc.lcll) IlltllWy .....()CIlI' Ill!'" now llMR ..... 10 IfUII1lIlY saaIIary __ ..... IIld _sIrudIoll __.bI u ... .. tile ..11llIItlI I>fl!Iect Idiedufe. This Well 3id :>rreet/Npttll An'Qwhead Avenue all..... 1$ approdllllllely \,100 1l!leat feet kin.. Huwev., a portk>n of !be existlllt __ IOOIltl of ... ... jilt S&{~ ~t1tt f Avillllle in. tersection. . w. ill. need to be. rep1acod SO 1hat . IIlilda' store can be adIlev.. in COftIIfd.. Wit. II ... deeper new ~wer at ttJIt ....1llClion. Sene or the -1lItIoIe _ 00IIIIt of tile ..... _ion poil\t '- NoltIl Art".... A\'tIllUe ....- ... ....to be ~ tor ~ same.....-.. 1'Ilh......... ~ .L.1 . 1111 c:ciIJlI be .. ..... .. _ ........ A$. il __ ... lOCal ... of sewer ,'~"CtI. I ~ be 1IfPt'Oll""'" ''-1'- feet (I, tm +<<X)). 'ecausethe sewer in this alianment .. .. Y<<y deep and mlshtlleed to be ~OlI$lrUcted by bore and ja<.t: ~~Ill. dle ~ .... .. ",. IUI. ....".m. With $a\!.itary sew,," ... _._tiOll $Cll'V1el!i ,. .. ......._ .. J. rtu m~ to \If ...,.11 n ), .. ... .. .. "Owl ~"'~ prevlcNll) 1I1l.*- H.i. ~~ .11, . .. "'Il L:llt.1iM ........ for............... tie associate4 wtlh .... I"".. creek Cl'oss", pcmIilIIlR PIlase 1 T" 1.5 IIu tleen ........... I El9-..1 <l . J......, "'''__1_ 1_-'" 714.l71.l2OO 1_..l44I___I___-._...._M_I_._ - CDC/2008-43 Ms. IClthleeR Robles OCtober ~"1OOll hat .) Storm Drain In "'gards 10 the exlstln. storm .. on the subject property. Willdan has discussed IIllPa .... facllfties in Illd a,ro~ the propIItJ ... the polcndal" 1\ s\lniflcanl area ItOrln dralll iii ...... 011 tM p~ *,,1lOIIt c..r,.. ~... Qr..., W'~ per501lllA We 11M _... ti'ltillifID _1II.1l1ft1~ ....Cll1..~1f.;. "1IM.IlI'TI'",, _II "........ IllMd on our Invn'lt '1 ill.., _ .... .... die JtlHlnll of ... dr.lI. ...~ .. IIhe ~II " .... evidence of an alii propny drain .... appears 10 .. Inadlve and not an acllw area slonu ~ system. We have deteJ'!11in~ !bat !be CitY and nQl lIle Count)' has j\tri$dicllon on local ctra....,. facilities ~~I~~~p=,c:::~~r~'=:o: ~:'::'=1~~':':t::~ sl,rut1cant slOml bal--,.,_ II IocaW 011 die...... ~ ... '\f __110.., Ilri& IAl ~ or clrawirlis of sllcll . ~ If lhlI s)'ll8lll ... WIt (!ky PuWle ~ ..w _ .... of ~ ~ .. W(lilIM If ,.. haWl an Li*~ .. ....R.- Wstory wlIIt ... I lystftR .. 10 millly )'eIl's. AU area drainage collects in the Warm Creek dralna,e s~tem localed immediately east and IOUtheasl of the property, it would not be kijjicalto have a parallel system that cutS aCross the subject property. Aho nq .......... or ltoWmeti!am ~ flrdIIcIu ~ hi evldenQe. We believe that the remnants of slorm clraina,e facilities On the properly are evlde~ of III old property drain that appears. to be iRalllive or larl\ely Inacllve. Two of the calch basins are colIll**tY buried. The top of the third catch... Is. . . _ ..... a foot alIove Ihe existinlllfllUIld. 11lh c~ ~ lOob to .. of .... oIdiIr ~1oII1lId _ (XIHillIy COAIlIuCted c:oftltuelve for otder PtVp!lIty ~$lk:s. We believe that any water observed in this calch basin is from the irrigation system immediately nortb of these catch basins Ihat irrigates a grassy median. It appears thai the sprinklers are allowed 'to run I'oi an eX<:e$sive Dnlo\lnt of time. 1bis arasSY median was satUrated with walei' when we last i.'~ lhe.. We recommend thaI an optional task to desl~n llIld ooR5inK:l a storm drain to replace a sipificanl active storm drain on the property not ._ be ... . ~ .. our amended proposal because: I) we ~lieve t.hAs storm drain 10 be lll1 old ~ .. .. ...... to tie ~... IlOl IA acttvo _ slOnlI'" ,~ 2) It WllIM be.., \IllpoMltlie to~... . ..~..... or ClOIlIllU~ of a~"'xU~il iIlOiIiI*,*.'" iII)iQ mdl!llce o! ......... 1ft'" eIi'IlIln COIlll;(d..I$"'" an4 3) ... a1Mlnv:t IIOtnt .. "".'nm'RI pIIA mItIK \VeIl .. _ upelIJIve to .... .. __ than tile IIIhject unItMy sewer. mstA:\ad. we ~ to tIqi out scope the ~ u be{ore ~In. ... Slorm drain. i.e. desitn aild 0llIIIIn.Ic:lII1lctrioea to IeItlo\'e IIle ealstlllt ..".., dnIkl off III" pIIlpIIty. As shown IR _1lIadIed amended scope, hours, IIIId fee IobIe, Pllaia 2. work is estimated at a nOl. exceed tee of SI".lt. Tk toIII'" tor...... I ........ ~ /I ,..... 'T~. a ---.. fee of $2.3!l,'d. TIlls II....... out od&IMI'" I dJl.il<Ie 0($:M1. I". ~ I CIIoI II .... I _....... I ........1 HarnoMI~ 7'I~.I7...l!OO 1100_.81.... t 101:"'--1--.....-.-....._.....____1_......._ 0" CDC/2008-43 Ms. Kathleen Robles October 31, 2008 p... Project Seh~ In reJ8tds 10 the ptPj<:ct s.chedule, it is U!lderstoo4 that tile ~tlltive plan is for !he Phase I pril~ WIltract tQ .10 10 \be Itedevdop~ QI I cr I 0. ..... iQbt 6, 2001_ tben to the Cky cQUIldI 0. Nov 17, 2008 with the project ibke10 r.mlh 11 i' fbNol. . 11,1001. A k I............ I project Idle4ule thalus""", .... ... ror !he .....10 ......... II III W ~ M IIbowft, ....... I w<>i1c is tlllflllflf ~ 10 tie eOmfl.... t.y ~ 23. ~. A tentative Phase 2 project schedule that assumeS a start-up date of February 2, 2009 is also attached. As shown, the Phase 2 w<>rk 16 eslimated tQ be completed by July I, 2009. Pleli$O contact me at 7....97&-1206 if Y<>\I have l!1l)l qU\!Sllons tcgardina our amended proposal to provide Engineering and CoiIItnIc:tIon ServIo;es for .. S'anitary Sewet LlIle lldocallbft. 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M,.;........:..:. ri_ i ..:... M ......g"'....:,;..:....:.. ~ "'~"'N"'''~ ,.; ~; . 8 i . 1 , ! . ~ ~ ! . l I . ~ H~ .3.:i~ ! ~ ~. ~ 'l =:! .. oC.9- ~e~ .. . :'IL t ,; ! . go ! . ~ ! : ! ~ .t ~ . . i ~ < . t & . . ~ i ~ii H -. !~ ~! ,~ H i: t; H -. ~.1 i' e' 1I.;:iI ~~ ~~ li\l;t~:!~~R _ .................... .. ............................... .. ............... " ................ - - ~f: ....'!;:'!;:...~~ .1 j- "' H ! it ~ r fl. js j~. i; !li H !l! 'it rhi ~' !t" .IIll;~ .~ if llhhh Il II' {HUH: Ii :!: ~~ Nt : oiE .. ! ! . o~ ~ i "U 0 . . . . . . ~1 < .. ...1 -. . ~ < ..I u & 01 . . =:c!i ! . . . . .. =:. .. ~ .1 . ~ .j .. ,. ~ ~;~~i~~S~..~...... ~ :~;;t"'''~ :ill"':!! . "";l;R1ij"!!l ...~;t'!;: '!;: .. ........ ." 'II '!;:..~.... h !l! p.. .!. Hi '" W " z t i f ~i ~f~ l ~, i .iHtll i Ii IL "!. '" i .'~if !,!~h'i 1 .j~ii!fJii~~I]l;; hilnlh;~..~~ tjlL<'!l '" s~1 . j .. Iliiili iJIJII;i~ :.~................za.8;g:;;..C>'" , " .. ~i~::!'" ~ J: J: R . . i i ~ Ii ! H Iii i .IiI i} ~1..iJ~rrl i~. I jf~!j6f6i -a; ~~I;j~JfI~ Hj 'Illh. ! Hi al l;lU::!iOlll ::Ii ;;;.!u -...c!:~~~~...... , " Ill'" ~ 5 , ":1 . 1 . . : I .011 :j .Jl "Oil nil I' s.U III ;J :! : r;!'i - "a ., n . ! fj Ii if .H 'q Hi ~jti ~ L J I :... ,! ~. lLa..!. ; 1 l CDC/2008-43 EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests Insurance Guide," as follows: (I) Comprehensive General Liabilitv Insurance. The Contractor shall maintain comprehensive generalliabilily.insurance of not less than One Million Dollars ($1,000,000.00) combined single limit, per occurrence. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than $100,000.00 combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Agreement. - (2) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensalion coverage in accordance with California workers' compensalion laws for all workers under the Consultant's and/or subconlractor's employment performing work under this Agreement. (3) Errors and Omissions Coverage. The Consultanl shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than $1,000,000.00. Concurrent with the execution of this Agreemenl and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effecl continuously Ihroughout the term of this Agreement. Each policy of insurance thaI Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that Ihe policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written nolice to the Agency.