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A G E N D A
TUESDAY FEBRUARY 18, 2020
6:30 P.M. Closed Session
7:00 P.M. Regular Session
33 CHURCH STREET, SUTTER CREEK
City Website: www.cityofsuttercreek.org
1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section
54956.9:
One potential case
2. 7: 00 P.M. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR MEETING
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION
5. PUBLIC FORUM – At this time, the public is permitted to address the City Council on items not
appearing on the agenda. Comments may not exceed 5 minutes. In accordance with State Law,
however, no action or discussion may take place on any item not appearing on the posted agenda.
The City Council may respond to statements made or questions asked or may request Staff to report
back at a future meeting on the matter. The exceptions under which the City Council may discuss
and/or take action on items not appearing on the agenda are contained in Government Code §54954.2.
The public comment on any item listed below shall be limited to five minutes, unless additional time
is permitted by the Mayor/Council.
6.
PRESENTATIONS – None.
7.
*
*
*
*
*
*
*
INFORMATION/CORRESPONDENCE – For Information Only.
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Building, Planning and Code Enforcement Report
D. Monthly Cash Flow Report
E. Monthly Visitor’s Center Report
F. Monthly Engineer’s Report
G. Treasurer’s Report
8.
CONSENT AGENDA – Items listed on the consent agenda are considered routine and may be
enacted in one motion. Any item may be removed for discussion at the request of Council or the
Public.
* A. Approval of City Council Minutes of January 21, 2020.
* B. Warrants - Approve warrants as presented.
* C. Adopt Resolution 19-20-* Accepting the work on the Miscellaneous Street Improvement
Project and authorizing the City Manager to execute the Notice of Completion and cause it to
be filed with the Amador County Recorder.
*
D. Adopt Resolution 19-20-* Accepting the Fiscal Year 2018/19 Amador County Regional
Traffic Mitigation Fee Program Annual Report.
9.
ORDINANCES & PUBLIC HEARINGS - None.
10.
ADMINISTRATIVE AGENDA
A. Adopt Resolution 19-20-* Authorizing the City Manager to execute a contract with Carollo
Engineers for Owner Advisor Services for the Wastewater Treatment Plant Upgrade
Progressive Design Build Project.
11.
CITY MANAGER’S REPORT - This section is an opportunity to provide Council members with an
update on staff activities. No action is expected to be taken by the Council.
12. MAYOR AND COUNCIL MEMBER REPORTS - This section is to provide Council members an
opportunity to present reports on their activities and to request items be placed on future agendas.
13. ADJOURNMENT
* Attachments
The next scheduled meeting is MONDAY, MARCH 2ND, at 7:00 P.M
Proceedings of the Meeting will be tape recorded. In compliance with the Americans with Disabilities Act, if
you need special assistance to participate in this meeting, please contact the City Office at (209) 267-5647.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements.
TO: Amy Gedney, City Manager
FROM: James O’Connell, Chief of Police
DATE: February 18, 2020
DEPARTMENT INFORMATION
Monthly Statistics
Total calls for service 598
Officer Initiated Incidents 465
Business Checks 480
Total Officer Reports 56
Misdemeanor Arrests 18
Felony Arrests 3
Moving Citations 42
Parking Citations 5
Total 1,667
Downtown Foot Patrol:
Officers continue to conduct daily foot patrol in the downtown area and average over 30
minutes, per officer each day.
In addition to the officers conducting daily foot patrols, the Sutter Creek Police Cadets
and Volunteers regularly walked downtown to interact with the community and our
guests.
Police Volunteers:
During the month of January, our Police Volunteers continued to provide superb service
to our community. On a daily basis, our Volunteers arrive at the PD and City Hall, in
uniform and ready to help. They assist with police records processing, downtown foot
patrol, court document transportation assignments, staffing the front desk on a regular
basis, and evidence processing. They all provided over 50 hours of service to Sutter
Creek.
.
Page 1 of 2
TECHNICAL MEMORANDUM
DATE: February 13, 2020
TO: Amy Gedney
City of Sutter Creek
FROM: George Allen, Chief Plant Operator and Public Works Foreman
SUBJECT Public Works Department Report for January 2020
Objective: The objective of this Technical Memorandum is to provide a monthly status update regarding
activities within the Public Works Department.
Collection System Status:
SSMP Activity
Calls for service
• January 7, 63 Badger Rd. plugged main due to excessive amount of personal wipes.
Sewer System Cleaning
• For January, there were 8,090 feet cleaned, total cleaned for 2020, 8,090 feet.
Wastewater Treatment Plant Status:
The WWTP met all the effluent quality discharge requirements for the month of January.
Table 1. Monthly Status of required reporting constituents.
Constituent Monthly Results Monthly Limits
Monthly Influent Flow 11.561 MG. 0.373 mgd daily avg .48mgd1
Effluent BOD, mg/L 19 mg/L 30 mg/l
Effluent Settleable Matter, mL/L < 0.1 ml/L 0.5 ml/l
Effluent TSS, mg/L 17 mg/L 30 mg/l
Total Coliform, MPN < 0.1 mpn 23 mpn
Sludge Wasted 19,903 gal
Rain 2.05 in. 11.18 in. YTD –39.80” Last YTD 1 The .48 mgd is daily dry weather flow (May through October).
Plant Compliance Issues:
• The December report was electronically submitted to SQRCB.
• The annual treatment plant report was electronically submitted to SQRCB.
Operational Strategy Modifications:
• The rag bin was hauled on January 14.
Emergency Response/Callouts/Odor Complaints/Power Failures/Injuries/Accidents:
• None
Training:
• Staff continues to develop maintenance skills for repair and operation of equipment.
Page 2 of 2
Equipment Needs:
High Priority:
• Replacement of number 1 and 2 Secondary effluent pumps
• The replacement of number 1 recirculation pumps motor.
• The draining and cleaning of Trickling filter collection vault and inspection of the slide
gate inside.
• The repair and replacement of the Emergency pumps.
Low Priority:
• Look at the repair/replacement of the number one scum pump.
Equipment being repaired
• Lift pumps for secondary system.
Effluent Disposal
• Daily flow checks and level readings.
• Clean up of dam sites of items found in last dam inspection.
• Sending weekly updates to the Regional Board on reservoir levels and volumes.
Streets and City Right of Way
• Took down Christmas Tree in front of City Hall.
• Took down Christmas swags over Main St.
• Removed Christmas lights at the center park spruce tree.
• Repainting of red zones and white stop markers.
• Replaced wooden plank in front of Sutter Creek Inn.
• Roadside weed and trash cleanup
• Ongoing patching of numerous potholes.
• Ongoing cleaning of storm drains and gutters.
Parks and Buildings
• Planted 10,000 daffodils around entryways into the City.
• City staff cleaned and Crisp Company repainted city parking lots.
• Met with Milgard over making the new window screens more secure with adding more locking
pins, this is covered by the warranty.
• Replaced all the batteries in the smoke detectors at the historic Grammar School.
• Finalized remodeling of the Auditorium bathrooms.
• Replaced carpet in new conference room with new vinyl lament flooring.
• Shut off the irrigation systems at city parks for the winter.
Planning Month in Review
February 2020
Type
Planning Applications Received
Development Applications 0
Planning Commission Meetings 1
DRC meetings 1
Code Enforcement
New Cases 4
Inspections 5
Closed 3
Building
Permits Issued 12
Inspections 18
Plan Checks 7
Beginning Transfers Ending
Funds Balance Cash In Cash Out Adjustments Balance
01 - General Fund 77,761 217,528 157,138 2,557 140,708
39 -General Reserve 688,503 - - - 688,503
86 - General Savings 10,130 - - - 10,130
95 - General Operations Reserve 179,613 - - - 179,613
96 - General Capital Reserves 234,948 - - - 234,948
04 - Crestview Light District (886) 1,749 65 1 799
07 - Cemetary Sell of Plots 2,403 - 159 1 2,245
17 - Monteverde Store (941) - 193 (1) (1,135)
29 - Swimming Pool (24,033) - 794 - (24,827)
59 - Auditorium & Community Center Rentals (36,973) 4,695 10,817 - (43,095)
03 - Streets and Sidewalks (41,885) 8,312 11,192 (51) (44,816)
91 - Road CIP (65,301) 4,313 (69,614)
10 - Sewer M&O 404,766 79,940 76,890 - 407,816
11 - Sewer WCRF Hook up Fees 868,400 30,593 - - 898,993
12 - Sewer Line Replacement 26,045 - - - 26,045
14 - Sewer Cap Reserves 336,664 25,382 - - 362,046
15 - Sewer Debt Service 4 - - - 4
80 - Effluent Disposal (99,813) 66,983 19,604 - (52,434)
09 - HMGP Hazard Mitigation Grant Proj 1,201 - - - 1,201
19 - Knights Foundary Restore 3,225 - - - 3,225
20 - FEMA 9,346 - - - 9,346
28 - Public Safety/AB109, Grant 1,888 697 - 1 2,586
50 - COPS Fast Program 2,612 - - - 2,612
30 - Trafffic Mitig - S. Crest Gopher Flat (77,710) - - - (77,710)
31 - Traffic Mitig - S.Hill/Mesa de Oro 77,340 - - - 77,340
32 - Traffic Mitig - Crestview (24,779) - - - (24,779)
33 - Traffic Mitig - Sutter Ione (38,262) - - - (38,262)
34 - Traffic Mitig - Highway 49 Bypass 59,889 - - - 59,889
35 - Traffic Mitig - General 269,958 - - - 269,958
36 - Traffic Mitig - County Regional 1,348 - - - 1,348
37 - Parking In Lieu 59,792 4,654 - - 64,446
42 - AB1600 146,430 - - - 146,430
73 - Park Impact Fee 114,780 - - - 114,780
46 - Badger Street Bridge Replacement (213,479) - - - (213,479)
55 - SC Bridge Replacement CalTrans (627,263) 3,821 16,459 - (639,901)
44 - Central Eureka Mine CP Fund (1,226) - - - (1,226)
60 - Bypass Mitigation 234,180 - - 234,180
87 - Refuse 3,311 - - - 3,311
92 - Pension Reserve 238,139 - - - 238,139
93 - Vehicle Cap Reserve 2,737 - - - 2,737
94 - Vacation Cash Out and Accruals 9,803 - 2,594 - 7,209
2,812,665 444,354 300,218 2,508 2,959,309
2019-20
Cash Balance Report
for the month of January 2020
City of Sutter Creek
City Treasurer's Report
Receipts & Disbursements ReportCity's Checking Account
Receipts
Deposits 439,016$
Reversal of Bank Charges
Total 439,016$
Disbursements
Accounts Payable 143,427$
Payroll & Benefits 137,347
Bank Charges 10
Total 280,784$
Net Amount of Investment Transfers -$
Recap of City TreasuryInvestments on Hand January 31, 2020
Rate of
Return
American River Checking 900,210$ 0.00%
American River Money Market 11,522$ 0.25%
American River Money Market #2 1,018,489$ 0.80%
* California State Treasurer's LAIF 1,052,604$ 2.29%
Total 2,982,825$
Total this month last year 3,373,087$
* LAIF 1 56,808$
LAIF 2 995,796$
The investment information provided in this report reflects the City's ability to meet
expenditure requirements for the next six months. The investment portfolio is in compliance
with the City's investment policy. Victoria Runquist 2/12/2020
January 2020
Market or
Withdrawal
Value
MINUTES OF THE SUTTER CREEK CITY COUNCIL OF
January 21, 2020
Council Members: Staff Present:
Robin Peters, Mayor Amy Gedney, City Manager
Josie Cadieux-Faillers, Vice Mayor Karen Darrow, City Clerk
Linda Rianda, Council Member Treasurer:
Tim Murphy, Council Member Victoria Runquist, City Treasurer
Jim Swift, Council Member
1. CLOSED SESSION - None.
2. CALL TO ORDER AND ESTABLISH A QUORUM
Mayor Peters called the meeting to order at 7:00 p.m.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Peters led the Pledge of Allegiance.
4. REPORT FROM CLOSED SESSION – None.
5. PUBLIC FORUM
Al Nunes, owner of the Sutter Creek Car Wash requested a 20% reduction in his sewer rates because of the
nature of his business, citing industry common practice due to water evaporation.
The Council directed staff to review the request with the City Sanitation Engineer and research what other
areas have done with similar businesses.
6.
PRESENTATIONS
A. Supervisor Frank Axe will provide an update on countywide activities.
Supervisor Axe presented. City Manager Gedney noted that the City wishes to maintain a strong
relationship and is looking forward to quarterly updates from Supervisor Axe.
7.
INFORMATION/CORRESPONDENCE
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Building, Planning and Code Enforcement Report
D. Monthly Cash Flow Report
E. Monthly Visitor’s Center Report
F. Monthly Engineer’s Report
G. Treasurer’s Report
So Noted.
2
8.
CONSENT AGENDA – Items listed on the consent agenda are considered routine and may be enacted in
one motion. Any item may be removed for discussion at the request of Council or the Public.
A. Approval of City Council Minutes of December 16, 2019.
B. Warrants - Approve warrants as presented.
C. Resolution 19-20-17 Accepting the work on the Auditorium Project and authorizing the City Manager to execute the
Notice of Completion and cause it to be filed with the Amador County Recorder.
D. Resolution 19-20-* Accepting the Fiscal Year 2018/19 Amador Regional Traffic Mitigation Fee Program Annual Report.
City Manager Gedney requested that Item D be pulled from the Agenda and brought back at a later date.
M/S Council member Rianda/Cadieux-Faillers to approve Consent Agenda Item A & Item C, as
presented.
AYES: Cadieux-Faillers, Murphy, Rianda, Swift and Peters
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
M/S Council member Swift/Rianda to approve Consent Agenda Item B, as presented.
AYES: Cadieux-Faillers, Murphy, Rianda, Swift and Peters
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
9.
ORDINANCES & PUBLIC HEARINGS- None.
10.
ADMINISTRATIVE AGENDA
A. Discussion/Action regarding support for a half-cent sales tax for road maintenance, repair,
and improvements.
Consider adoption of Resolution – 2019-2020-* Expressing support for a self-help sales
and/or use tax for streets and roads repair, maintenance and improvement
M/S Council member Cadieux-Faillers/Rianda to Adopt Resolution 19-20-18 Expressing support for a
self-help sales and/or use tax for streets and roads repair, maintenance and improvement
AYES: Cadieux-Faillers, Murphy, Rianda and Peters
NOES: Swift
ABSTAIN: None
ABSENT: None
MOTION CARRIED
B. Mid-year General Fund budget discussion.
For information and staff direction.
City Manager Gedney presented the mid-year budget update.
11. CITY MANAGER’S REPORT
City Manager Gedney noted that she will be attending a broadband conference in February and will be giving
a presentation to the Amador Water Agency regarding sewer service billing. She also noted that the Planning
Commission extended the tentative map for Cramer Hills and that staff is currently working to update the
Employee Handbook.
3
12. MAYOR AND COUNCIL MEMBER REPORTS
Council member Murphy recommended creating a new agreement with Amador Water Agency as planning of
the tertiary plant moves forward. He also noted that the new LAFCO appointments take effect next month and
that the Airport Land Use Commission should be reconvening soon after not having met since 2018.
Council member Rianda noted that she will be bringing information about all the great programs ATCAA has
to offer.
Council member Swift noted that he would be attending the Fire Commission meeting and that Fire Chief
Moreno should be contacting staff regarding fire fuel mitigation soon.
Mayor Peters reported that the Air District has money available to help make noncompliant diesel equipment
meet requirements and suggested that staff check to see if the City has any equipment that needs to be
updated. He also noted that the vegetation bin at the fire station is open and that they are considering
expanding the program.
Mayor Peters reported that the Knight Foundry rehabilitation continues, noting that the old windows from the
auditorium are being as part of the rehab project.
13. ADJOURNMENT
The meeting was adjourned at 9:11 p.m.
_________________________________ ___________________________________
Karen Darrow, City Clerk Robin Peters, Mayor
Date Approved:
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711
The City of Sutter Creek is an equal opportunity service provider and employer
______________________________________________________________________________ STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
MEETING DATE: FEBRUARY 18, 2020
FROM: JODI STENECK, ACCOUTING SUPERVISOR
SUBJECT: WARRANTS PAID
RECOMMENDATION:
Attached you will find a list of all warrants that were paid on February 3, 2020 and to be paid on February
18, 2020.
BUDGET IMPACT:
Total is $112,773.60 and $110,264.63
TO: City Council
FROM: Matt Ospital, City Engineer
SUBJECT: Miscellaneous Street Improvement Project
DATE: February 18, 2020
RECOMMENDATION:
Adopt Resolution 19-20-* Accepting the work on the Miscellaneous Street Improvement Project
and authorizing the City Manager to execute the Notice of Completion and cause it to be filed
with the Amador County Recorder.
BACKGROUND:
The contractor, Vinciguerra Construction, completed the work on the City of Sutter Creek
Miscellaneous Street Improvement Project on November 26, 2019, in accordance with the Plans
and Specifications approved by the City Council of the City of Sutter Creek. Final construction
costs were $1,169,460.53.
DISCUSSION:
All contract items of work for the Sutter Creek Miscellaneous Street Improvement Project have
been completed in substantial compliance with the plans, specifications, codes and standards of
the City. All work was determined to be complete on November 26, 2019.
Final Project Costs are as follows:
Original contract Amount $ 992,810.00
Contract Change Order No. 1 $ 48,595.00
Contract Change Order No. 2 $ 25,844.98
Contract Change Order No. 3 $ 39,924.50
Contract Change Order No. 4 $ 18,827.79
Contract Change Order No. 5 $ 27,169.26
Final Contract Change Order $ 16,289.00
Final Contract Amount $1,169,460.53
RESOLUTION 19-20-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
ACCEPTING THE COMPLETION OF THE SUTTER CREEK MISCELLANEOUS STREET
IMPROVEMENT PROJECT, AND FILING A NOTICE OF COMPLETION AND
AUTHORIZING RECORDATION THEREFORE
WHEREAS, City Engineer has certified all work on the "City of Sutter Creek – Miscellaneous
Street Improvement Project" was completed on November 26, 2019, in accordance with the
approved project plans and specifications; and
WHEREAS, the improvements have been completed to the satisfaction of the City Engineering
Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek does
hereby accept the completed public improvements and authorizes the City Engineer to file a Notice of
Completion with the Amador County Recorder.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the
City of Sutter Creek on February 18, 2020, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
Robin Peters, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
CITY OF SUTTER CREEK
OFFICE OF THE CITY ENGINEER
_______________________________
When recorded, mail to:
City Manager
City of Sutter Creek
18 Main Street
Sutter Creek, CA 95642
NOTICE OF COMPLETION
CITY OF SUTTER CREEK
NOTICE IS HEREBY GIVEN of the completion of a Work of Improvement as follows:
Date of Completion: November 26, 2019
Name and Address of the Owner: City of Sutter Creek, 18 Main Street, Sutter Creek, CA 95685
Nature of the Interest or Estate of the Owner: Owner in fee simple.
Description of the Site: Miner’s Bend Parking Lot, Main Street and Badger Street
Name and Address of the Contractor for the above Work of Improvement: Vinciguerra Construction,
235 Spanish Street, Sutter Creek, CA 95685.
General Statement of Kind of Work Done or Materials Furnished:
Removed and replaced sanitary sewer main improvements on Badger and Main Street and drainage
improvements adjacent to the Miner’s Bend parking lot. Performed street improvements at the Miner’s
Bend parking lot and Badger Street.
CITY OF SUTTER CREEK – OWNER
By______________________________
Amy Gedney, City Manager
AMY GEDNEY declares:
I am the City Manager of the City of Sutter Creek, the municipal corporation that executed the foregoing
notice as owner of the aforesaid interest or estate in the property therein described; that I make this
verification on behalf of said municipal corporation; that I have read this Notice of Completion and know
the contents thereof, and that the facts stated therein are true.
I declare under penalty of perjury that the foregoing is true and correct. Dated at Sutter Creek, California
this ____ day of _______________________.
_______________________________________
AMY GEDNEY, CITY MANAGER
RESOLUTION 19-20-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
ACCEPTING THE FISCAL YEAR 2018/19
AMADOR COUNTY REGIONAL TRAFFIC MITIGATION FEE
PROGRAM ANNUAL REPORT
WHEREAS, pursuant to its authority under Government Code 66000 et. seq., the City of Sutter Creek
previously imposed regional traffic mitigation fees and amended said fees pursuant to Resolution 18-19-17;
and
WHEREAS, the purpose of said fees is to mitigate the impact of new developments on the regional
transportation system of Amador County; and
WHEREAS, The County of Amador and the County’s five incorporated cities have all collected and deposited
all regional traffic mitigation fees with the Amador County Transportation Commission (“ACTC”) which has
maintained the funds in a separate non co-mingled capital facilities fund (“capital facilities fund”) established
for the above stated purpose pursuant to Government Code Section 66006(a) and (b); and
WHEREAS, the ACTC and the City of Sutter Creek have made available to the public an annual program
implementation report for fiscal year 2018/19 (“Annual Report”) which is hereby incorporated by reference; and
WHEREAS, the Annual Report was prepared in accordance with Government Code Section 66001(d) and
66006(b)(1); and
WHEREAS, the City of has reviewed the information provided in the Annual Report and determined the
information contained therein is true and correct; and
WHEREAS, the Annual Report reflects implementation of prior year recommendations of the Regional Traffic
Mitigation Fee Oversight Committee as approved by the cities and County for programming and expending
funds for projects consistent with the Amended and Restated Memorandum of Understanding (“MOU”)
establishing the countywide Regional Traffic Mitigation Fee Program and the Regional Traffic Mitigation Fee
Nexus Plan 2000-2025 (“Nexus Plan”); and
WHEREAS, City of Sutter Creek has agendized and considered the Annual Report at a regularly
scheduled City Council meeting and considered public comment concerning the Annual Report during said
meeting.
NOW THEREFORE the City of Sutter Creek, County of Amador, State of California, finds and determines the
following:
1. The above recitals are true and represent findings of the City Council/Board of Supervisors.
2. The City Council/Board of Supervisors hereby approves the Annual Report for fiscal year 2018/19 as
presented.
3. That all recommendations for funding are consistent with the MOU and the Nexus Plan as required.
4. The approval of the Annual Report and programming and expenditure of funds consistent with the
previously approved MOU and Nexus Plan is not a “project” or otherwise an act requiring
environmental review pursuant to the California Environmental Quality Act.
5. That all Regional Traffic Mitigation Fees previously collected and not yet expended are accounted for
and are still needed for the purposes for which they were collected.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter
Creek on February 18, 2020, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
Robin Peters, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)266-7789 • TTY: 711
The City of Sutter Creek is an equal opportunity service provider and employer
TO: THE HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
MEETING DATE: FEBRUARY 18, 2020
FROM: AMY GEDNEY, CITY MANAGER
SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES FOR
WASTEWATER CONSULTATION
RECOMMENDATION:
Adopt Resolution 19-20-* Authorizing the City Manager to execute a contract with Carollo
Engineers for Owner Advisor Services for the Wastewater Treatment Plant Upgrade Progressive
Design Build Project.
BACKGROUND:
The City and the Amador Regional Sanitation Agency, ARSA, contracted with Carollo to
provide an independent review of the Wastewater System Master Plan. Additionally, the City
has also assisted contracted with Carollo for professional services for assistance with technical
wastewater issues and meeting with regional board staff as well as with the submittal of the grant
application.
DISCUSSION:
As we move forward with the upgrade of the wastewater treatment plant, staff is proposing that
we begin our contract with Carollo as an “Owner Advisor” for the design build wastewater
treatment plant upgrade.
The scope out lines the work that will be performed which includes developing the Project
Report, which is a requirement for future grant assistance; developing a request for qualifications
from design-build firms; developing a Request for Proposals and evaluating them, and assisting
with the permitting process and submitting applications for construction funding.
BUDGET IMPACT:
The lump sum amount is for $395,000 of which $395,000 the grant will cover on a
reimburseable basis, once in place. Staff anticipates returning with a Budget Adjustment once
the contract is approved.
RESOLUTION 19-20-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
CAROLLO ENGINEERS, INC. FOR OWNER ADVISOR SERVICES FOR THE
WASTEWATER TREATMENT PLANT UPGRADE PROGRESSIVE DESIGN BUILD
PROJECT
WHEREAS, the City operates a wastewater treatment system; and
WHEREAS, the City intends on upgrading its wastewater treatment plant; and
WHEREAS, during the last three years, Carollo Engineers, Inc. has been assisting the City with
various technical issues relating to the City’s existing wastewater treatment plant; and
WHEREAS, the City desires to hire a professional service firm that can provide “Owner
Advocate” services on behalf of the City in order to develop a Project Report and examine
alternatives for its wastewater treatment plant upgrade; and
WHEREAS, the professional service firm of Carollo Engineers, Inc. is capable and willing to
provide said services and has provided a Scope of Work to perform said services;
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby authorize the City
Manager to execute a contract with Carollo Engineers for Owner Advisor Services for the Wastewater
Treatment Plant Upgrade Progressive Design Build Project.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council
of the City of Sutter Creek on the 18th day of February 2020, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
Robin Peters, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SUTTER
CREEK AND CAROLLO ENGINEERS, INC.
FOR OWNER ADVISOR SERVICES FOR THE WASTEWATER TREATMENT
PLANT UPGRADE PROGRESSIVE DESIGN BUILD PROJECT
THIS AGREEMENT for consulting services is entered into by and between the
City of Sutter Creek, a municipal corporation in the State of California (“City”) and
Carollo Engineers, Inc. (“Consultant”) as of February ___, 2020 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the on-call Owner Advisor Services for the
Wastewater Treatment Plant Upgrade Progressive Design Build Project at the time and
place and in the manner specified therein, as more fully described in the Scope of
Services attached as Exhibit A.
1.1 Term of Services. The term of this Agreement shall begin on the
Effective Date and shall end on ______________ and Consultant shall
complete the work described above prior to that date, unless the term of
the Agreement is otherwise terminated, as provided for in Section 8. The
time provided to Consultant to complete the services required by this
Agreement shall not affect the City’s right to terminate the Agreement, as
provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which
Consultant is engaged in the geographical area in which Consultant
practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall
conform to the standards of quality normally observed by a person
practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement. In the event that
City, in its sole discretion, at any time during the term of this Agreement,
desires the reassignment of any such persons, Consultant shall,
immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the
standard of performance provided in Section 1.1 above and to satisfy
Consultant’s obligations hereunder.
1.5 City-Provided Information and Services. City shall furnish Consultant
available studies, reports and other data pertinent to Consultant's services;
obtain or authorize Consultant to obtain or provide additional reports and
data as required; furnish to Consultant services of others required for the
performance of Consultant's services hereunder, and Consultant shall be
entitled to use and rely upon all such information and services provided by
City or others in performing Consultant's services under this Agreement.
1.6 Estimates and Projections. Consultant has no control over the cost of
labor, materials, equipment or services furnished by others, over the
incoming wastewater quality and/or quantity, or over the way City’s plant
and/or associated processes are operated and/or maintained. Data
projections and estimates are based on Consultant’s opinion based on
experience and judgment. Consultant cannot and does not guarantee that
actual costs and/or quantities realized will not vary from the data
projections and estimates prepared by Consultant and Consultant will not
be liable to and/or indemnify City and/or any third party related to any
inconsistencies between Consultant’s data projections and estimates and
actual costs and/or quantities realized by City and/or any third party in the
future, except to the extent such inconsistencies are caused by Consultant's
failure to meet the standard of care delineated in Section 1.2 hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant not to exceed
$10,000 notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant’s proposal
regarding the amount of compensation, the Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner
set forth herein. The payments specified below shall be the only payments from City to
Consultant for services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized by
City, Consultant shall not bill City for duplicate services performed by more than one
person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant
under this Agreement is based upon Consultant’s estimated costs of providing the
services required hereunder, including salaries and benefits of employees and
subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or
annuities to which Consultant and its employees, agents, and subcontractors may be
eligible. City therefore has no responsibility for such contributions beyond compensation
required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for
the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
▪ A Task Summary containing the original contract amount, the
amount of prior billings, the total due this period, the balance
available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the
applicable time entries or time sheets shall be submitted showing
the name of the person doing the work, the hours spent by each
person, a brief description of the work, and each reimbursable
expense;
▪ The total number of hours of work performed under the Agreement
by Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder, as well as a separate
notice which shall include an estimate of the time necessary to
complete the work;
▪ The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized
reimbursable costs incurred. City shall have 30 days from the receipt of
an invoice that complies with all of the requirements above to pay
Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by
Consultant pursuant to this Agreement. City shall not pay any additional
sum for any expense or cost whatsoever incurred by Consultant in
rendering services pursuant to this Agreement. City shall make no
payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or
for the entire Agreement, unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or
amendment approved by the City Manager, which shall not exceed the
maximum amount allowed by the Sutter Creek Municipal Code.
2.4 Fees. Fees for work performed by Consultant shall not exceed the
amounts identified above.
2.5 Reimbursable Expenses. There shall be no reimbursable expenses.
Consultant shall receive compensation only in the amount as stated above.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal
or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8 of this Agreement, the
City shall compensate the Consultant for all outstanding costs and
reimbursable expenses incurred for work satisfactorily completed as of the
date of written notice of termination. Consultant shall maintain adequate
logs and timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of this
Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT.
Except as set forth herein, Consultant shall, at its sole cost and expense, provide
all facilities and equipment that may be necessary to perform the services required
by this Agreement. City shall make available to Consultant only the facilities and
equipment listed in this section, and only under the terms and conditions set forth
herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with
City employees and reviewing records and the information in possession of the
City. The location, quantity, and time of furnishing those facilities shall be in the
sole discretion of City. In no event shall City be obligated to furnish any facility
that may involve incurring any direct expense, including but not limited to
computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
Section 4. INSURANCE REQUIREMENTS.
As more fully set forth in Exhibit B to this Agreement, and before beginning any
work under this Agreement, Consultant, at its own cost and expense, shall procure
"occurrence coverage" insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the performance of the work
hereunder by the Consultant and its agents, representatives, employees, and
subcontractors. Consultant shall provide proof satisfactory to City of such
insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City, and that such insurance is in effect prior to
commencing work under this Agreement. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost
of such insurance shall be included in the Consultant's bid. Consultant shall not
allow any subcontractor to commence work on any subcontract until Consultant
has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted
and made part of this Agreement prior to execution.
4.1 Variation. The City may approve a variation in the insurance
requirements, upon a determination that the coverage, scope, limit, and
form of such insurance is either not commercially available, or that the
City’s interests are otherwise fully protected.
4.2 Notice of Reduction in Coverage. In the event that any coverage
required by this section is reduced, limited, or cancelled in any other
manner, Consultant shall provide written notice to City at Consultant’s
earliest possible opportunity and in no case later than five days after
Consultant is notified of the change in coverage.
4.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements
to the extent and within the time herein required, City may, at its sole
option, exercise any of the following remedies, which are alternatives to
other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
▪ Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the Agreement;
▪ Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work
and withhold any payment, until Consultant demonstrates compliance
with the requirements hereof; and/or
▪ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES
5.1 Indemnity for Professional Liability:
When the law establishes a professional standard of care for Consultant’s
Services, to the fullest extent permitted by law, Consultant shall
indemnify, protect, defend, and hold harmless City and any and all of its
officials, employees and agents from and against any and all losses,
liabilities, damages, costs, and expenses, including legal counsel’s fees
and costs but only to the extent Consultant’s (and its Subconsultants’),
failure to meet the professional standard of care is the cause of such
damages, liabilities and costs on a comparative basis of fault between the
Consultant (and its Subconsultants) and the City in the performance of
professional services under this agreement. In no event shall the cost to
defend charged to Consultant exceed Consultant's proportionate
percentage of fault.
5.2 Indemnity for Other Than Professional Liability:
Other than in the performance of professional services and to the full
extent permitted by law, Consultant shall indemnify, defend, and hold
harmless City, and any and all of its employees, officials and agents from
and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged
or threatened, including legal counsel’s fees and costs, court costs,
defense costs, and expert witness fees), where the same arise out of,
are a consequence of, or are in any way attributable to, in whole or in part,
the performance of this Agreement by Consultant or by any individual or
City for which Consultant is legally liable, including, but not limited to
officers, agents, employees, or subcontractors of Consultant, except when
caused by the active negligence or willful misconduct of the City.
5.3 Warranties and Damages:
Consultant shall not be responsible for warranties, guarantees, fitness for a
particular purpose, breach of fiduciary duty, loss of anticipated profits or
for economic, incidental or consequential damages to City or any third
party arising out of breach of contract, delay, or termination. Additionally,
Consultant shall not be responsible for acts and decisions of third parties,
including governmental agencies, other than Consultant’s subconsultants,
that impact project completion and/or success.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an
employee of City. City shall have the right to control Consultant only
insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this
Agreement. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its
employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to
waive any and all claims to, any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (PERS) as an employee
of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
6.2 Consultant, Not Agent. Except as City may specify in writing,
Consultant shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Consultant shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors
shall comply with all laws applicable to the performance of the work
hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal
assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, and approvals of whatsoever nature that
are legally required to practice their respective professions. Consultant
represents and warrants to City that Consultant and its employees, agents,
any subcontractors shall, at their sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits, and
approvals that are legally required to practice their respective professions.
In addition to the foregoing, Consultant and any subcontractors shall
obtain and maintain during the term of this Agreement valid business
licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not
discriminate, on the basis of a person’s race, religion, color, national
origin, age, physical or mental handicap or disability, medical condition,
marital status, sex, or sexual orientation, against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in,
recipient of, or applicant for any services or programs provided by
Consultant under this Agreement. Consultant shall comply with all
applicable federal, state, and local laws, policies, rules, and requirements
related to equal opportunity and nondiscrimination in employment,
contracting, and the provision of any services that are the subject of this
Agreement.
Consultant shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator of this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days written notice to City
and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation
for services performed to the effective date of termination; City, however,
may condition payment of such compensation upon Consultant delivering
to City any or all documents, photographs, computer software, video and
audio tapes, and other materials provided to Consultant or prepared by or
for Consultant or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing
signed by all the parties.
8.3 Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by
Consultant and is based upon a determination of Consultant’s unique
personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of
Consultant. Consultant may not assign this Agreement or any interest
therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract
Administrator.
8.4 Survival. All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating liability
between City and Consultant shall survive the termination of this
Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City’s remedies shall include, but not
be limited to the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant
pursuant to this Agreement;
8.5.3 Retain a different consultant to complete the work not finished by
Consultant; or
8.5.4 Charge Consultant the difference between the cost to complete the
work that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 of this
Agreement if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Consultant prepares or
obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to
deliver those documents to the City upon termination of the Agreement. It
is understood and agreed that the documents and other materials, including
but not limited to those described above, prepared pursuant to this
Agreement are prepared specifically for the City and are not necessarily
suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without
prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement
for a minimum of three (3) years, or for any longer period required by law,
from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Section 9.2 of this Agreement requires Consultant to maintain shall be
made available for inspection, audit, and/or copying at any time during
regular business hours, upon oral or written request of the City. Under
California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds TEN THOUSAND
DOLLARS ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of the City, for a period of three (3) years after final payment
under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including
an action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’
fees in addition to any other relief to which that party may be entitled.
The court may set such fees in the same action or in a separate action
brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the parties agree that trial of such action shall be
vested exclusively in the state courts of California in the County of
Amador.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the
provisions of this Agreement not so adjudged shall remain in full force
and effect. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other
breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to
the benefit of and shall apply to and bind the successors and assigns of the
parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all
reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Consultant in a “conflict of interest,” as that term
is defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the
previous twelve (12) months, an employee, agent, appointee, or official of
the City. If Consultant was an employee, agent, appointee, or official of
the City in the previous twelve months, Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of Government
Code §1090 et.seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of
California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,
focus group, or interview related to this Agreement, either orally or
through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the
City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices.
Any written notice to Consultant shall be sent to:
Carollo Engineers, Inc.
2795 Mitchell Drive
Walnut Creek, CA 94958
Any written notice to City shall be sent to:
City of Sutter Creek
Attn: City Manager
18 Main Street
Sutter Creek, CA 95685
10.11 Integration. This Agreement represents the entire and integrated
agreement between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or oral.
10.12 Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together
shall constitute one agreement.
10.13 Authorized Signature. Each person and party signing this
Agreement warrants that he/she has the authority to execute this
Agreement on behalf of the principal and that the party will be bound by
such signature.
10.14 Third Parties. The services to be performed by Consultant are intended
solely for the benefit of City. No person or entity not a signatory to this
Agreement shall be entitled to rely on Consultant's performance of its
services hereunder, and no right to assert a claim against Consultant by
assignment of indemnity rights or otherwise shall accrue to a third party as
a result of this Agreement or the performance of Consultant's services
hereunder.
The parties have executed this Agreement as of the Effective Date.
CITY CONSULTANT
City of Sutter Creek, a municipal corporation Carollo Engineers, Inc.
of the State of California a Delaware corporation
By: ________________________ By: __________________________
Amy Gedney, City Manager Larry Parlin, Senior Vice President
Carollo Engineers, Inc. a Delaware corporation
By: __________________________
Approved as to Form:
__________________________
Derek P. Cole, City Attorney
EXHIBIT B
INSURANCE REQUIREMENTS
Specific Insurance Requirements and Required Policy Limits
PROFESSIONAL SERVICES CONTRACTS:
Commercial General Liability
a. Consultant shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than two million dollars ($2,000,000) per occurrence
for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit. Consultant’s general liability policies shall be primary
and shall not seek contribution from the City’s coverage, and be endorsed
using Insurance Services Office form CG 20 10 (or equivalent) to provide
that City and its officers, officials, employees, and agents shall be
additional insureds under such policies. For construction projects, an
endorsement providing completed operations coverage for the additional
insured, ISO form CG 20 37 (or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by
Consultant shall not affect coverage provided the City.
c. Coverage shall state that Consultant insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the City.
ii. Business Automobile Liability
a. Consultant shall provide auto liability coverage for owned, non-owned,
and hired autos using ISO Business Auto Coverage form CA 00 01 (or
equivalent) with a limit of no less than two million dollars ($2,000,000)
per accident.
iii. Workers’ Compensation and Employers’ Liability
a. Consultant shall maintain Workers’ Compensation Insurance (Statutory
Limits) and Employer’s Liability Insurance with limits of at least one
million dollars ($1,000,000). Consultant shall submit to City, along with
the certificate of insurance, a waiver of subrogation endorsement in favor
of City, its officers, agents, employees, and volunteers.
iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, or reduced
in limits except after thirty (30) days' prior written notice has been given
to the City, except that ten (10) days’ prior written notice shall apply in
the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be
declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Consultant
shall furnish the City with certificates, additional insured endorsements,
and waivers of subrogation evidencing compliance with the insurance
requirements above. The Consultant must agree to provide complete,
certified copies of all required insurance policies if requested by the
City.
d. Acceptability of Insurers - Insurance shall be placed with insurers
admitted in the State of California and with an AM Best rating of A- VII
or higher.
