HomeMy WebLinkAboutContracts & Agreements_69-2014_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for pavement analysis and rehabilitation recommendation services
("Agreement"}is made and entered in this 6"'day of May, 2014 ("Effective Date"),by and
between the City of Redlands, a municipal corporation ("City") and Dynatest Consulting Inc.
("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party"
and, together,as"Parties."In consideration of the mutual promises contained herein, City and
Consultant agree as follows:
ARTICLE I —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide pavement analysis and rehabilitation
recommendation services for various streets located throughout the City of Redlands (the
"Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2—SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A,"entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this agreement including, but not limited to, State prevailing wage
laws.
ARTICLE 3—RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Chris Diggs, Deputy MUED Director, as City's representative with
respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 This Agreement shall terminate upon City's provision of written notice to Consultant of
completion and acceptance of the Services by City.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City,consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff.
ARTICLE 5—PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall be in the
amount not to exceed Three Hundred Seventy Eight Thousand Eight Hundred Forty Five
Dollars($378,845.00) and shall be paid on a time and materials basis based upon the
rates shown in Exhibit"B,"entitled Project Cost.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed,the dates the Services were performed, and the number of hours
spent and by whom. 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:
Cily Consultant
Chris Diggs Robert C Briggs, P.E.
City of Redlands Executive Vice President
35 Cajon Street, Suite 15A Dynatest Consulting Inc.
P.O.Box 3005 (mailing) 165 South Chestnut St.
Redlands, CA 92373 Ventura, CA 93001
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 53.
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 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 the 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.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
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the State of California, Consultant shall provide City with Exhibit*1C,11 entitled
"Workers' Compensation Insurance Certification,"which is attached hereto and
incorporated herein by this reference prior to occupancy of the Premises.
6.3 Consultant shall secure and maintain 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
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 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.
6.5 Consultant shall have business auto liability coverage,with minimum limits of One
Million Dollars ($1,000,000)per occurrence, combined single limit 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 such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.6 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 any negligent act or omission by, or willful misconduct of, Consultant,or its officers,
employees and agents in performing the Services.
ARTICLE 7—CONFLICTS 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 of any City governmental decisions regarding approval of a
rate, rule or regulation, or the adoption or enforcement of laws;
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(ii) the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorization 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;
(v) 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.
7.3 In the event City officially determines that Consultant must disclose its financial
interests, Consultant shall complete and file a Fair Political Practices Commission Form
700, Statement of Economic Interests,with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 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 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 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 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor.Neither City nor any of its agents
shall have control over the conduct of Consultant or Consultant's employees, except as
herein set forth. Consultant shall supply all 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
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whatsoever as an agent, nor shall Consultant have any authority, express or implied,to
bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however this Agreement
may be terminated by City, in its sole discretion, by providing ten (10)days prior written
notice to Consultant(delivered by certified mail, return receipt requested)of City's intent
to terminate. 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. 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 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 o this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 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 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS DYNATEST CONSULTING INC.
'-Vf
B J A By: v
Pete Aguilar, Mayor Rober CrBriggs, P.
Executive Vice P dent
Attest.
Sam Irwin, dfyberk
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"EXHIBIT "A"
Scope of Work
Introduction
The scope of work calls for Consultant to investigate 75 lane miles of asphalt concrete streets
and provide a cost effective rehabilitation strategy for each of the provided segments.The
information will be used by the City for preparation of plans, specifications, and estimates
(PSc&E) for the PARIS 2013 Resurfacing Project.
All project related services will be conducted through our local office:
Dynatest Consulting Inc.
165 South Chestnut Street
Ventura, California 930101
Phone: (805) 648-2230
Fax: (805) 648-2231
Technical Approach
Based on Consultant's significant experience with similar projects, Consultant will complete the
following major tasks in order to successfully accomplish this project:
Task 1 Project Setu , Mana ement, and Meetin s
Task 2 Data Collection
Task 3 Data Analysis and Pavement Rehabilitation
Recommendations
Task 4 Technical Specifications
Task 5 GIS Ma s
Task 6 Final Re ort
Task 7 Ins ection and Trainin burin Construction
Task 8 ELMOD License and Trainin
Task I—PrJo'eet Setup,Management.and Meetings
Consultant will provide the City with a schedule and start date for testing as soon as the Notice to
Proceed is issued. When needed, a meeting with City will be scheduled at a location proposed by
City. All project related activities will be reviewed prior to testing in order to ensure that all
stakeholders understand the plan of action prior to commencement of work.
Task 2-Data Collection
Consultant will perform field testing on the entire 75 lane miles of streets that are to be included
the next phase of the PARIS paving project. The objective is to collect structural and functional
condition data in order to determine the best rehabiliation strategy for each of the provided
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segments. Consultant will collect all the data using its own equipment. In addition, Converse
Consultants will provide coring services to determine the thickness of the different pavement
layers in order to perform a proper structural analysis and design.
Non-Destructive Deflection Testing
Non-destructive deflection testing will be performed using the Consultant's falling weight
deflectometer(FWD) on all the selected streets. The testing interval will range from 50 ft to 200
ft depending on the section length. The tests will be staggered in all lanes to obtain a
representative coverage of the entire roadway. The approximate total number of test points is
2,265 for the 75 lane miles. The FWD applies a dynamic load that simulates a moving wheel
load.The pavement response measured are deflections at the surface that are analyzed to
determine the elastic modulus of each layer, the weakest layer, residual life and the required
overlay rehabilitation thickness. The FWD is shown in Figure 1. At every test location, one
unrecorded seating drop will be applied at a 6,000-lbs load level to ensure proper contact
between the loading plate/geophones(deflection sensors) and the pavement, and three recorded
drops will be applied at 6,000, 9,000, and 12,000 lbf± 10 % load level. The 9,000 lbf
corresponds to the effect of a standard 18,000-lbs single axle load. The FWD will be setup with
the 12" diameter plate and 9 geophones spaced at 0, 8, 12, 18, 24, 36, 48, 60, and 72". The
pavement surface temperature, air temperature, station/mile point, GPS coordinates (latitude,
longitude and elevation), date and time will be automatically recorded during FWD testing at
every test point.
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rte'` CAUTION
a
Figure 1: Dynatest Falling Weight Deflectometer(FWD)
Geotechnical Work
Pavement layer thicknesses and type of material of each layer are required in order to perform
the structural analysis. It was estimated that a total of 161 cores will be needed to perform the
structural analysis adequately. Converse Consultants(Converse), a sub-contractor to Consultant,
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will perform the work. Converse will mark the core locations, which will be provided by
Consultant. Underground Service Alert(USA)will be notified at least 48 hours prior to drilling.
Converse will collect 4-inch diameter asphalt concrete cores, measure existing pavement
thickness, and classify sub-grade soils by visual observation. The necessary traffic control will
be provided during coring. A letter report will be prepared which will include:
■ A description of the observed distress at each core location
■ Photograph of each core
■ Existing pavement thickness(asphalt concrete and aggregate base)
• Visual classification of sub-grade soils at the core locations
■ A plan showing the location of the cores and coordinates obtained using a hand held
device
Task 3—Data Analysis and Pavement Rehabilitation Recommendations
Consultant believes that a customized set of rehabilitation strategies is fundamentally important
to the success of affordable, high quality and long lasting pavement network. In-depth pavement
structural and functional analyses provide solutions to common street failures in the City(e.g.,
excessive cracking, or rutting).
All street segments on which data was collected in Task 2 will be analyzed. The first step is to
assess the structural condition of these pavements. Deflection data from the FWD testing will be
analyzed to determine the structural condition. This will be accomplished by calculating in situ
stiffness of each layer in the pavement structure through a backcalculation process using the
deflection data.The analysis will be performed using Dynatest's ELMOD (Evaluation of Layer
Moduli and Overlay Design) software, which utilizes mechanistic-empirical analysis techniques
that work over a wide variety of pavements types, traffic loading and local environmental
conditions.This information will be essential to determine the service life of the pavement and
the need (or not)of structural rehabilitation.
City has been experiencing accelerated deterioration of its pavement network mostly due to
refuse vehicles—estimated 56%load impact on residential roads, 15%on collectors and 9%on
arterial (Pavement Deterioration Analysis Report, 2012). Vehicle-specific structural analysis will
provide means to design solutions to mitigate vehicle-specific problems and achieve longer
lasting pavements.
The second step is to evaluate the surface condition using the data collected ROW images, and
the distress data and PCI that will be provided by City. The analyzed data will be used in
conjunction with the analyzed structural data to determine the best rehabilitation strategy for
each of the street segments.
At the end of this task,the project team will deliver a memorandum containing the rehabilitation
strategies for the selected segments. The results will be discussed with the City before finalizing
the recommendations.
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Task 4—Technical Specifications
In this Task,the team will provide City with the technical specifications for the selected
rehabilitation strategies. The specifications that are available and already used by the City will be
reviewed and any changes that are necessary will be discussed with the City and provided.
Specifications for rehabilitation strategies that are new to the City will be obtained from different
government agencies(ie. Cities, Caltrans, other States, FHWA)and will be discussed with the
City.
Task GIS Maps
At the end of the project, Consultant will provide City with a GIS shapefile showing the color
coded rehabilitation strategies for all provided segments. City will have to provide a GIS
shapefile of the different segments that are selected for this project in order for this task to be
performed successfully.
Task 6-Final Report
Following the completion of all activities, Consultant will submit a draft report to City for
review. The report will include a summary of all data collected, analysis approach, findings, and
recommendations. Consultant will finalize the draft report after receiving all comments from the
City.
Task 7—Inspection and Training During Construction
City has estimated that approximately 30 days for 6 hours per day will be needed for this task.
During rehabilitation/construction of the streets, Converse will perform the following:
■ Review asphalt concrete mix design for conformance with the project specification
® Provide an inspector at the batch plant to verify that hatching was done in accordance
with approved mix design.
■ Observe preparation of street sub-grade and take in-place density of compacted fill
■ Observe placement of aggregate base and take in-place density
■ Observe placement of asphalt concrete, check temperature and conduct in-place density
testing using a thin lift nuclear gauge
Task 8—ELMOD License and Traininu
For processing of the FWD data, Consultant provides the ELMOD program for Windows' on a
one-time software license agreement.The program runs on WindowsT"' 7,NIT, 2000, XP and
Vista operating systems. A brochure of the ELMOD 6 program is included in Appendix A.There
are over 270 users of ELMOD worldwide including State road, airport authorities,pavement
consulting firms and universities.
Consultant will provide City with one license of the ELMOD 6 core module that can be installed
on one computer. Additional licenses, modules, and support packages are available for an
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additional cost.ELMOD can be used for analysis of FWD data from flexible pavements as well
as from rigid pavements. ELMOD is used to back calculate the mechanistic material layer
properties of the pavement structure and its foundation. ELMOD is also able to undertake
pavement analysis to determine pavement remaining life, pavement responses,needed overlay,
and new pavement design. In addition, the program is capable to assign various(user controlled)
seasonal adjustments to predict, based on the laboratory to field adjusted transfer functions,the
remaining service life of the pavement section using a Mechanistic-Empirical pavement design
and analysis methodology.
Consultant will provide three days of training for up to 5 City staff. The outline for the ELMOD
main module training is as follows:
■ Introduction
• ELMOD Overview
■ Pavement Performance
■ Types of Pavements
■ FWD Testing
• Theory of Elasticity
• Boussinesq
■ Method of Equivalent Thickness
■ Surface Modulus
■ Introduction to ELMOD
■ Backcalculation(Manual)
■ Backcalculation (Automated)
• Testing and Analyzing JPCP
• Westergaard
■ Overlay Design (Example)
■ Overlay Design (ELMOD)
■ New Design
• Case Studies
■ Workshop-Running ELMOD 6 with client data
■ Parameter File Setup
In order to conduct the training,the City will provide:
■ Classroom of suitable size to accommodate the anticipated number of students
• At least one computer workstation for every two students
■ Whiteboard or Smartboard with markers
■ Computer projector
Quality Control and Quality Assurance(QC/QA) ---------
Internal and external QC/OA processes will be utilized to ensure that all data and deliverables
are thoroughly reviewed before acceptance by the City. Consultant will adhere to the principle of
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third party review of data collected and analyzed, which means that staff who collected and
analyzed data will not perform the final review of their own work. Instead, data will be reviewed
by another Consultant staff prior to submission to the City. Specifically, Consultant will perform
in-the-field quality control checks during the field data collection and in-the-office quality
assurance reviews following the completion of the data collection. Similar checks and reviews of
all data analyzed and all reports submitted to the City will also be performed.
Requested Assistance by the Citv
In order to successfully complete this project, Consultant will request assistance from the City
for the following activities:
✓ Project personnel contact information
✓ City's current pavement specifications
V Any as-builts that are available for the selected street segments
V Any pavement thickness information that is available
✓ Current pavement management database showing the detailed distress data
A GIS file of the street segments to be tested
✓ City's detailed and projected traffic data
City's current pavement rehabilitation practices
✓ Pavement rehabilitation unit costs—If available
✓ Any permits required
✓ Review and approval of submitted data and reports
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Exhibit "B"
Project Cast
Dynatest Converse Consultants
Project fietsl Principal to (Protect staff iReld._
Task Engineer, Teehnietari Otarge Pr oftwoftat Professional)Technict V= �elate l Pie
_ = hours ftto ffoours Rate 14ours Rate Hourst We Hours Pate hours
i ProjectSetup,Management and Meeti s 20 $150 1 9 $160 14 1$115 24 $85 $85 1$55 $1,575 �$ 9,665,00
2 Data Collection`FWD Testing,Carl ,and Traffic Control) 4 $150 102 $85 5 $160 24 15115 90 $85 $85 1 SSS $37,420 $ 57 900.00
3 Data Analysis and Rehabilitation Recanrnendations 298 $150 $160 $115 $85 S85 $55 S 44 700.00
4 TechnicalSpecifications 60 S 150 5 $160. 20 $115 $85 $85 30 $55 $ 13,750.00
5 OI5 Maps 20 $150 $160 $115 $85 $85 $55 $ 3,000.00
6 Final Report 40 $150 $160 $115 $85 $85 $55 $2,0OO S 8,000.00
7 Inspection and Traininj during Construction(30 days(,7a 6hrsjday) $150 6 $160 18 $115 $85 180 $85 10 $55 $ 18,880.00
8 ELMOD License and Training $10,5 2 $ 10,500.00
Total 442 25 76 114 1W $51, ( $166,345.00
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*Additional lane sections can be added at an estimated cost per lane mile of$1,698 excluding Tasks 1,7,and 8,
**If City performs the analysis in house,Consultant will collect FWD data and cores as an estimated cost per lane
mile of$772 excluding Tasks 1,3,4,5,'6,7,and 8.
These estimates assume that the streets are residential streets and the total length is 75 lane miles.Any significant
variation from these assumptions might affect the estimates.
City has lane miles to this agreement for ars additional42, 5(l.t}{} 1,69 mesa
City has dodedto add an ad itional$170,000,00 for additional data collection services on an asuceded-basils,
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EXHIBIT "C"
WORIKERS' COMPENSATION INSURANCE CERTIFICATION
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 by one or more
insurers 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.
CHECK ONE
x 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 and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
DYNATEST.�ONSIJLTING, INC. Date: April 21, 2014
By: 46
Robe 013riggs, P.E.,E,.vccutA,:6 Vice President
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