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HomeMy WebLinkAboutContracts & Agreements_116-2010_CCv0001.pdf AGREEMENT"TO PERFORM I NGI NIIA'{„RING SI?RVI(:I,S FORTHE PREP'ARAVON O AN ENGINI:F.RING I SPORT AND PERMIT'AI'PUCAI'ION AS PART 01 A I'I'I"LF'. 22 MATTER I'ERNU`I" 1QR DINFRII3I;"I'I()N AND USE O RECYCLED WATER 'Ibis appeernent for hey provision of c nginc tiring s c ices An dw Qy of-Rccflarlds �"Ag ancl& I,,,nndc�and entered iT�Ito t11.is .�a�”�....,day of Au,,t.tst,D)I0 C 1 fRYK—c bate."),Iay and I)etwcen the City of.` IZedlarlcls, a niunic•ipal corpo2atio, (`ciry") and LA-Z'S Corporation cll:)a C16 Corporation rlrncricas ("(]otisa.th ant:"). (;1 and (;ousadt a arc mmictirncs inclivtclta.Hy rcfeTwd tc) hu6n as a "Party" anx.1, together, as dic "Parties." In consideration of the tr ut,ital. proniises contained herein, City and (.,l',>T'l�ttll'a21t a?2'e'c' illi follows: 1WrI( I 1__1.,_ 1 C _\Crl:ti11N"SI_. 1.__1'-\N"1: 1.1 City hcrc-l) cent>ages C on tiltant for the preparation cif:an cngincering report and petrtnit application fc>r th<' clistnlntticm and fisc of Iccvc.lcd Crater "ithin the {.:itQ surwxy area, Report shall inchulc all cicments t c c ssary hi the lX pannacnt of Public• I ImIth Sc°rvice's March 2001 t I o n I:11ytr'c'c'JQg RtJ?tJ1:? hr Me 1}t'tltllJclJo111, 1 0Y bulmn and I.sr rq Re.�t ,- 11 a/l'r the Scrt Tcrs"' 1.- The Services Shall he pci-fo-incd h� Consultant ill a professional manner, and COIASUItant represents that it has the stall and die profc-ssional cspertisc necc,,sary to provide the Sc rviccs to (;tic at a lei e1 of eornp umca, prcAWv niaititainc LI I)� other practuo ng professional consultants, in the industry I)ro \icluit7 like .and siniilar type, c f Scry ices. SRI ILLI: 2 'IFJZ lW`,S (W CONSl I:l'AXI 2.1 The SCI-Viccs that Constiltant shall lacTimn are more jmrtictdady descrihetd in 14hiait "N" entitled"Sccape of Services'" \x-Inch is {attached lim-ctc> and incc)rporated hcrei2i lay retc'rencc_ 12 (Amnihi ut shall conqAy will applicciblc federal, state and local laws and rcgulatu?ns ill the perawniancc (d this Agnvnic nt incl mhig, I>ut flat litt&cd un die lnw6cans with Disabihms Am, the l nn-I".tnployn tint and I lmoini?act and prey ailiiir wage-la-,vs. yR I R I E 3 RESPO NSI1iU I LS OL (TI`/ 3.I City shall rua,he.' availalAu to (,(iml.'tltrint inhartraanotl in its possussim thu naiaL anist Consultant in perforniinp dic Sc'r\iccs. 3.2 City designates Mr. Chris Diggs as dw (.;iqY rcllrc'nctvmixT with respect Ino lx. bwmanxT of. the Services, and such pers(an shall have the aa.It:hc>rtty to trartsad inst.rtutt:i nts, receive i2lf<lrtl'iatuni, hncrin-ct and define (;ity's policies and decisions with respects to perfort'nanc;c. of the Services. 11Z'11(,l,i-'. .I l JARI`(}RNIAN(T ()1' SIJAVI(.L 1.1 (,t Ia iiltun shall Tv tc)r2'i I& `"u 1;ccs in 'a I'7rt7tTgm allil d ligcnl runt n r and in .{{'(.()ld2n(-'c with tilt' sc hcC ulc w W3 11i I aWfm uF'), cmuld `Prot,c t `sc,I an" 4.2 During the term of this Agreement,City may request that Consultant perform Extra Services.As used herein,"Extra Services"means any work that is determined necessary by City for the proper completion of the project or work for which the Services are being performed,but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Services do not exceed twenty percent(20%) of the compensation to be paid by City to Consultant for the Services, such Extra Services may be agreed to by the Parties by written amendment to this Agreement, executed by the City Manager,or duly authorized city official. Consultant shall not perform, nor be compensated for,Extra Services without such written authorization from City. rLRTTCLE. 5 -PAYMENTS TO CONSU TA1,11 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Twenty Nine Thousand Nine Hundred Fifty Dollars ($29,950.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount,in accordance with Exhibit"C"entitled"Project Costs,"and based upon the hourly rates shown in Exhibit"D," entitled "Rate Schedule." Both Exhibits "C" and "D" are attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the work performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed,the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the project.City, shall pay Consultant no later than thirty(30) days after receipt and approval by City of Consultant's invoice. 5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: C14 Consultant Chris Diggs Mr.Mike. N. Agbodo,PE Municipal Utilities and Engineering Dept. Project Manager City of Redlands URS Corporation 35 Cajon Street, Suite 15A 3500 Porsche Way,Suite 300 PO Box 3005 (mailing) Ontario, CA 91764 Redlands,CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to whom notices and payments are to be given by giving notice pursuant to this section 5.3. ARTICLE 6 -INSURANNCE AND INDEMNIFICATION 6.1 Insurance. Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty(30) days'prior written notice to City,except for ten (10) days notice for cancellation due to non-payment of premium. 6.2 Workers'Compensation and Employer's Liability Consultant shall secure and maintain Workers'Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California,with an insurance carrier acceptable to City as described in Exhibit"E," entitled "Workers' Compensation Insurance Certification,"which is attached hereto and incorporated herein by this reference. 6.3 Hold Harm1m and Indemnification. Consultant shall defend,indemnify and hold harmless City and its elected officials,employees and agents from and against any and all claims,losses or liability,including attorneys' fees,arising from injury or death to persons or damage to property occasioned by and negligent act,omission or failure to act by Consultant,its officers,employees and agents in performing the Services. 6.4 Comprehensive General Liability Insuracce. Consultant shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability,property damage and personal injury is required.City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance shall be delivered to City prior to commencement of the Services. 6.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability, insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. Certificates of insurance shall be delivered to City prior to commencement of the services. 6.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000)per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles,and employee non-ownership vehicles. City shall be named as an additional insured and a certificate of insurance and endorsement shall be delivered to City prior to commencement of the services. Such insurance shall be primary and non- contributing to any insurance or self insurance maintained by City. ARTICLE 7 - CONFLICTS t'S OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder,no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make or participate in: (i) the making or any governmental decisions regarding approval of a rate, rule or regulation, or the adoption or enforcement of laws; (ii) the issuance,denial, suspension or revocation of permits,licenses,applications, certifications,approvals,orders or similar authorizations or entitlements; (iii) authorizing City to enter into, modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party,or to the specifications for such a contract; (y) granting City approval to a plan,design,report, study or similar item; (vi) adopting,or granting City approval of,policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity,participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 73 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700,Statement of Economic Interests. Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 Attorneys'Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall,in addition to any costs and other relief,be entitled to the recovery of its reasonable attorneys' fees,including fees for the use of in-house counsel by a Party. 8.2 Prohibition-Against Assig2,ment. Consultant shall not assign any of the Services,except with. the prior written approval of City and in strict compliance with the terms,and conditions of this Agreement. 8.3 Documents and Records, Project related documents,records,drawings,designs,cost estimates,electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services,and any copyright interest in such documents,shall become the property of City and shall be delivered to City upon completion of the Services,or upon the request of City. Any reuse of such documents,and any use of incomplete documents, shall be at City's sole risk. 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Consultant or Consultant's employees,except as herein set forth. Consultant shall supply necessary tools and instrumentalities required to perform the Services.Assigned personnel employed by Consultant are for its account only,and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of,or on behalf of City. Consultant shall have no authority,express or implied, to act on behalf of City in any capacity whatsoever as in agent,nor shall Consultant have any authority,express or implied,to bind City to any obligation. 8.5 Termination. A. Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. B.This Agreement may be terminated by City,in its sole discretion,by providing thirty(30) days'prior written notice to Consultant (delivered by certified mail,return receipt requested) of City's intent to terminate. C. If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be made,but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. D. Upon receipt of a termination notice,Consultant shall immediately discontinue its provision of the Services and,within five (5) days of the date of the termination notice, deliver or otherwise make available to City,copies (in both hard copy and electronic form, where applicable) of project related data,design calculations, drawings, specifications, reports,estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Books and Records. Consultant shall maintain books,ledgers,invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years,or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 Entire This Agreement,including the Exhibits incorporated herein by reference,represents the entire agreement and understanding between the Parties as to the matters contained herein,and any prior negotiations,written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein,an amendment to this Agreement shall be in writing,approved by City and signed by City and Consultant. 8,8 Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 Severabili . If one or more of the sentences, clauses,paragraphs or sections contained in this Agreement is declared invalid,void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect,impair or invalidate the remaining sentences,clauses,paragraphs or sections contained herein,unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS URS Corporation dba URS Corporation By: By: Tina Kundig,Finance Director Brian Wynne,Vice Prsident Attest: City Clerk EXHIBIT "A" SCOPE OF SERVICES Preparation of an engineering report and permit application for the distribution and use of recycled water within the City's service area. Report shall include all elements necessary in the Department of Public Health Service's March 2001 Guidefinesfor the Preparation ofan Engineering Repodfor the Production, Distribution and Use of Recycled Water shown below. STATE OF CALIFORNIA-HEALTH AND HUMAN SERVICES AGENCY GRAY DAVIS, GOVERNOR DEPARTMENT OF HEALTH SERVICES DIVISION OF DRINKING WATER AND ENVIRONMENTAL MANAGEMENT DRINKING WATER PROGRAM RECYCLED WATER UNIT GUIDELINES FOR THE PREPARATION OF AN ENGINEERING REPORT FOR THE PRODUCTION, DISTRIBUTION AM USE OF RECYCLED WATER March 2001 (Replaces September 1997 Version) 1.0 INTRODUCTION The current State of California Water Recycling Criteria (adopted in December 2000) require the submission of an engineering report to the California Regional Water Quality Control Board (RWQCB) and the Department of Health Services (DHS) before recycled water projects are implemented. These reports must also be amended prior to any modification to existing projects . The purpose of an engineering report is to describe the manner by which a project will comply with the Water Recycling Criteria. The Water Recycling Criteria are contained in Sections 60301 through 60355, inclusive, of the California Code of Regulations, Title 22 . The Criteria prescribe: * Recycled water quality and wastewater treatment requirements for the various types of allowed uses, * Use area requirements pertaining to the actual location of use of the recycled water (including dual plumbed facilities) , and * Reliability features required in the treatment facilities to ensure safe performance. Section 60323 of the Water Recycling Criteria specifies that the engineering report be prepared by a properly qualified engineer, registered in California and experienced in the field of wastewater treatment. Recycled water projects vary in complexity. Therefore, reports will vary in content, and the detail presented will depend on the scope of the proposed project and the number and nature of the agencies involved in the production, distribution, and use of the recycled water. The report should contain sufficient information to assure the regulatory agencies that the degree and reliability of treatment is commensurate with the requirements for the proposed use, and that the distribution and use of the recycled water will not create a health hazard or nuisance. The intent of these guidelines is to provide a framework to assist in developing a comprehensive report which addresses all necessary elements of a proposed or modified project. Such a report is necessary to allow for the required regulatory review and approval of a recycled water project. References which may assist in addressing various project elements include: • State of California Water Recycling Criteria (December 2000) • State of California Regulations Relating to Cross-Connections • California Waterworks Standards * California Water Code • Guidelines for the Distribution of Non-potable Water, (California-Nevada Section-AWWA, 1992) • Guidelines For The On-Site Retrofit of Facilities Using Disinfected Tertiary Recycled Water (California-Nevada Section-AWWA, 1997) • Manual of Cross-Connection Control/Procedures and Practices (DOHS) • Ultraviolet Disinfection - Guidelines for Drinking Water and Water Reuse (NWRI/AWWARF, December 2000) 2 .0 RECYCLED WATER PROJECT The following sections discuss the type of information that should be presented and described in the engineering report. Some sections may be applicable only to certain types of uses. 2.1 General The report shall identify all agencies or entities that will be involved in the design, treatment, distribution, construction, operation and maintenance of the recycled facilities, including a description of any legal arrangements outlining authorities and responsibilities between the agencies with respect to treatment, distribution and use of recycled water. In areas where more than one agency/entity is involved in the reuse project, a description ption of arrangements for coordinating all reuse- related activities (e .g. line construction/repairs) shall be provided. An organizational chart may be useful . 2.2 Rules and Regulations The procedures, restrictions, and other requirements that will be imposed by the distributor and/or user should be described. In multiple projects covered under a Master Permit issued by the Regional Boards where the reuse oversight responsibility is delegated to the distributor and/or user, the requirements and restrictions should be codified into a set of enforceable rules and regulations . The rules and regulations should include a compliance program to be used to protect the public health and prevent cross connections . Describe in the report the adoption of enforceable rules and regulations that cover all of the design and construction, operation and maintenance of the distribution systems and use areas, as well as use area control measures . Provide a description of the organization of the agency or agencies who has the authority to implement and enforce the rules and regulations, and the responsibilities of pertinent personnel involved in the reuse program. Reference to any ordinances, rules of service, contractual arrangements, etc. should be provided. 2 .3 Producer - Distributor - User The producer is the public or private entity that will treat and/or distribute the recycled water used in the project. Where more than one entity is involved in the treatment or distribution of the recycled water, the roles and responsibilities of each entity (i.e. producer, distributor, user) should be described. 2.4 Raw Wastewater Describe the chemical quality, including ranges with median and 95th percentile values; Describe the source of the wastewater to be used and the proportion and types of industrial waste, and Describe all source control programs. 2.5 Treatment Processes Provide a schematic of the treatment train; Describe the treatment processes --including loading rates and contact times; All filtration design criteria should be provided (filtration and backwash rates, filter depth and media specifications, etc. ) . The expected turbidities of the filter influent (prior to the addition of chemicals) and the filter effluent should be stated; State the chemicals that will be used, the method of mixing, the degree of mixing, the point of application, and the dosages . Also describe the chemical storage and handling facilities, and Describe the operation and maintenance manuals available. 2. 6 Plant Reliability Features The plant reliability features proposed to comply with Sections 60333 - 60355 of the Water Recycling Criteria should be described in detail. The discussion of each reliability feature should state under what conditions it will be actuated. When alarms are used to indicate system failure, the report should state where the alarm will be received, how the location is staffed, and who will be notified. The report should also state the hours that the plant will be staffed. 2 .7 Supplemental Water Supply The report should describe all supplemental water supplies . The description should include: Purpose Source Quality Quantity available Cross-connection control and backflow prevention on measures 2 . 8 Monitoring and Reporting The report should describe the planned monitoring and reporting program, including all monitoring required by the Water Recycling Criteria,teria, and include the frequency and location of sampling. Where continuous analysis and recording equipment is used, the method and frequency of calibration should be stated. All analyses shall be performed by a laboratory approved by the State Department of Health Services. 2. 9 Contingency Plan Section 60323 (c) of the Water Recycling Criteria requires that the engineering report contain a contingency plan designed to prevent inadequately treated wastewater from being delivered to the user. The contingency plan should include: A list of conditions which would require an immediate diversion to take place; A description of the diversion procedures; A description of the diversion area including capacity, holding time and return capabilities; * A description of plans for activation of supplemental supplies (if applicable) ; * A plan for the disposal or treatment of any inadequately treated effluent; * A description of fail safe features in the event of a power failure, and A plan (including methods) for notifying the recycled water user (s) , the regional board, the state and local health departments, and other agencies as appropriate, of any treatment failures that could result in the delivery of inadequately treated recycled water to the use area. 3.0 TRANSMISSION AND DISTRIBUTION SYSTEMS Maps and/or plans showing the location of the transmission facilities and the distribution system layout should be provided. The plans should include the ownership and location of all potable water lines, recycled water lines and sewer lines within the recycled water service area and use area (s) . 4 .0 USE AREAS The description of each use area should include: The type of land uses; The specific type of reuse proposed; The party(s) responsible for the distribution and use of the recycled water at the site; * Identification of other governmental entities which may have regulatory jurisdiction over the re-use site such as the US Department of Agriculture, State Department of Health Services, Food and Drug Branch, the State Department of Health Services, Licensing and Certification Section, etc. These agencies should also be provided with a copy of the Title 22 Engineering Report for review and comment. Use area containment measures; A map showing: -Specific areas of use -Areas of public access -Surrounding land uses -The location and construction details of wells in or within 1000 feet of the use area -Location and type of signage The degree of potential access by employees or the public; * For use areas where both potable and recycled water lines exist, a description of the cross-connection control procedures which will be used. In addition to the general information described above, the following should be provided for the following specific proposed uses: 4.1 Irrigation -Detailed plans showing all piping networks within the use area including recycled, potable, sewage and others as applicable. -Description of what will be irrigated (e .g. landscape, specific food crop, etc. ) ; -Method of irrigation (e.g. spray, flood, or drip) ; -The location of domestic water supply facilities in adjacent to the use area; -Site containment measures; -Measures to be taken to minimize ponding; -The direction of drainage and a description of the area to which the drainage will flow; -A map and/or description of how the setback distances of Section 60310 will be maintained; -Protection measures of drinking water fountains and designated outdoor eating areas, if applicable; -Location and wording of public warning signs, -The proposed irrigation schedule (if public access is included) , and -Measures to be taken to exclude or minimize public contact. 4 .2 Impoundments -The type of use or activity to be allowed on the impoundment; -Description of the degree of public access; -The conditions under which the impoundment can be expected to overflow and the expected frequency, and -The direction rection of drainage and a description of the area to which the drainage will flow. 4.3 Cooling -Type of cooling system (e.g. cooling tower, spray,, condenser, etc. ) ; -Type of biocide to be used, if applicable; -Type of drift eliminator to be used, if applicable, and -Potential for employee or public exposure, and mitigative measures to be employed. 4.4 Groundwater Recharge An assessment of potential impacts the proposal will have on underlying groundwater aquifers . The appropriate information shall be determined through consultation with the Department on a case by case basis. 4.5 Dual Plumbed Use Areas In accordance with Sections 60313 through 60316 of the Water Recycling Criteria. 4. 6 Other Industrial Uses The appropriate information shall be determined on a case by case basis . 4.7 Use Area Design The report should discuss how domestic water distribution system shall be protected from the recycled water in accordance with the Regulations Relating to Cross- Connections and the California Waterworks Standards, and how the facilities will be designed to minimize the chance of recycled water leaving the designated use area. Any proposed deviation from the Water Recycling Criteria and necessity therefore, should be discussed in the report. 4 .8 Use Area Inspections and Monitoring The report should describe the use area inspection program. It should identify the locations at the use area where problems are most likely to occur (e.g. ponding, runoff, overspray, cross-connections, etc. ) and the personnel in charge of the monitoring and reporting of use area problems. 4 . 9 Employee Training The report should describe the training which use area employees will receive to ensure compliance with the Recycled Water Criteria, and identify the entity that will provide the training and its ' frequency. The report should also identify any written manuals of practice to be made available to employees . EXHIBIT "B" PROJECT SCHEDULE The duration for the Services is 60 calendar days. EXHIBIT "Cn PROJECT COSTS Costs associated with the Services will. be based on the Exhibit "D" and are not to exceed $29,950.00. EXHIBIT "D" RATE SCHEDULE Classification Billing Rate Principal-in-Charge $200 Project Manager $190 Senior Project Engineer $170 Project Engineer $150 Staff Engineer $110 CARD Designer $90 Structural Engineer $150 Electrical Engineer $150 Geotechnical Engineer $150 Clerk $65 QA/QC $150 Construction Administrator $140 Resident Project Representative $110 EXHIBIT "E" WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM ENGINEERING SERVICES FOR THE PREPARATION OF AN ENGINEERING REPORT AND PERMIT APPLICATION AS PART OF A TITLE 22 "TER PERMIT FOR DISTRIBUTION AND USE OF RECYCLED WATER Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self- insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers'Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code §1861). URS Corporation dba URS Corporation AA/ By: Brian Wynne,Vice President Date: