HomeMy WebLinkAboutCDC/2008-43
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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,
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Arrowhead Avenue to the west and 2nd Street to the south ("Property") in the Central City East
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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
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with a 12 story building and costing approximately $303 million ("Project"); and
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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
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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:
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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.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
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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
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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
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12 BAXTER x
13 BRINKER x
14 DERRY x
15 KELLEY x
16 JOHNSON x
17 MC CAMMACK x
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Secretary
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The foregoing Resolution is hereby approved this /j/nI day of November
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,2008.
tric J. Morris, on
Co ity Development Commission
of the City of San Bernardino
25 Approved as to Form:
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27 By: C~~~
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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
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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.
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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:
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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.
Sincerely,
:!if::QPA (I. ~
Vice President
Group MatIlIlIOl', Public Works
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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.