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HomeMy WebLinkAboutContracts & Agreements_183-2020Dudek Agreement.FY20-0018 AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the preparation of a City-wide wastewater system master plan (` Agreement") is made and entered in this 1' day of September, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Dudek ("Dudek"). City and Dudek are sometimes individually referred to herein as a `Party' and, together, as the `Parties. In consideration of the mutual promises contained herein, City and Dudek agree as follows: ARTICLE 1— ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Dudek to prepare a City-wide wastewater system master plan for City (the `Services"). 1.2 The Services shall be performed by Dudek in a professional manner, and Dudek 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 Dudek shall perform are more particularly described in Exhibit A, titled `Scope of Services, which is attached hereto and incorporated herein by reference. 2.2 Dudek 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 Dudek information in its possession that may assist Dudek in performing the Services. 3.2 City designates Rudolph S. Chow P.E. Municipal Utilities and Engineering Department 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 Dudek shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit 'B, titled `Project Schedule, which is attached hereto and incorporated herein by reference. 4.2 Dudek shall complete the Services by December 31 2021, unless the Services are terminated earlier as provided for herein. I :\ea\djm\Agiee rta\Dudek Agrcement.FY20-O018.doe.jn 1 Dudek Agreement.FY20-0018 4.3 If Dudek' 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 Dudek to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 Total compensation for Dudek's performance of the Services shall not exceed the amount of One Hundred Ninety Three Thousand Nine Hundred Sixty Dollars ($193,960). City shall pay Dudek on a time and materials based upon the hourly rates set forth in Exhibit `C, titled 'Cost Proposal, which is attached hereto and incorporated herein by reference. 5.2 Dudek shall submit monthly invoices to City describing the Services performed during the preceding month. Dudek'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 Services. City shall pay Dudek no later than thirty (30) days after receipt and approval by City of Dudek's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below or such other address as a Party may provide notice in accordance with this section: City City Clerk City of Redlands 35 Cajon Street P.O Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 Consultant Bob Ohlund, P.E. Vice President Dudek 605 Third Street Encinitas, CA 92024 bohlund@dudek.com (949) 373-8313 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Dudek for the duration of its performance of the Services. Dudek shall not perform any Services unless and until the required insurance listed below is obtained by Dudek. Dudek shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a L \a\djm\Agreements\Dudek Agreemenl.FY20-0018.doc.jn 2 Dudek Agreement.FY20-0018 provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A. 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 Dudek is self-insured or exempt from the workers' compensation laws of the State of California. Dudek shall execute and provide City with Exhibit 'D, titled `Workers' Compensation Insurance Certification, which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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 C. 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 Dudek owned vehicles used in connection with Dudek'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 D Dudek is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Dudek shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Dudek 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 the willful misconduct of, Dudek, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Dudek 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 Dudek's Services. Dudek further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perforni any Services under this Agreement. L \ca\dj m\Agreements\Dudek Agreement. FY20-0018. doc.j n 3 Dudek Agreement. FY20-001 8 7.2 Dudek agrees it is not a designated employee within the meaning of the Political Reform Act because Dudek: A. Does not make a govemmentat decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law. (ii) issue, deny suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant 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) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant 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 Goverment Code section 87302. 7.3 In the event City determines that Dudek must disclose its financial interests, Dudek 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 Dudek 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. Any assignment or attempted assignment without such prior written consent may in the sole discretion of City results in City's immediate termination of this Agreement. 8.3 Dudek is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Dudek or Dudek's employees, except as herein set forth. Dudek shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Dudek are for its account only and in no event shall Dudek 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 Dudek shall have no L \ca\djm\Agreemenls\Dudek Agi ementFY20-0018.doe.ji 4 Dudek Agreement.FY20-0018 authority express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Dudek have any authority express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City in its sole discretion, by providing not less than five (5) days prior written notice to Dudek of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Dudek's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Dudek at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Dudek. Upon receipt of a termination notice, Dudek 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 Dudek in performing the Services. Dudek shall be compensated on a pro -rata basis for Services completed up to the date of termination. 8.5 Dudek 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 fmal payment to Dudek pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Dudek. 8.6 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, any amendment to this Agreement shall be in writing, approved by City and signed by City and Dudek. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.8 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. L:\ca\dj m\Agreemc its\Dudek Agreement.FY20-0018.doc.ji 5 Dudek AgreemeniFY20 0018 IN WITNESS WHEREOF, duty authonzed representatives of City and Dudek have signed in confirmation of this Agreement CITY OF REDLANDS Paul W Foster, Mayor ATTEST e Donaldson, City Clerk L 1caldjmlAgree3nents\Dudek Agreement.FY20-0018.doc jn 6 DUDEK Bob Ohlund, P E , Vice President Dudek Agr ient.FY20-0018 EXHIBIT "A" SCOPE OF SERVICES The following Scope of Work details the tasks that the Dudek shall complete with respect to preparing and completing the Citywide Wastewater System Master Plan Update. This scope of work shall be completed within the schedule period listed in Exhibit 'B. Task 1— Project Management The Dudek shall oversee the progress of the project and shall be responsive to City communication in a timely manner. The Dudek shall attend all formal meetings and be available for informal face-to-face meetings, or conference calls, with the City as needed to oversee data collection, validate the Dudek's approach as it evolves to fit current conditions, discuss findings and conduct continuous review of content generated for the Master Plan. The Dudek shall be responsible for assuring the quality of the work product. The Dudek shall perform checks of actual field conditions, project calculation reviews, cost opinions, deliverable review permit requirements, and responses to City comments, as part of quality control. The Dudek shall conduct several meetings throughout the project, including a kick-off meeting. The kick off meeting shall clearly outline the project work plan, schedule, budget and communication process with the project team so that all parties have a uniform understanding of roles, responsibilities, requirements, stakeholders, deliverables, objectives and goals. During the project, the Dudek shall communicate regularly with the City providing monthly written progress reports, email documentation of verbal direction, and either weekly or bi-weekly conference calls with the City Task 2 — Resource Documents and Data Review The Dudek shall use data from the 1998 Wastewater Master Plan to retain historic info, with GIS and history of improvements being used as primary data. Following this initial data review the Dudek shall proposes to conduct a Scoping Meeting with the City to review the status of existing/historic data, project objectives, and future needs. The Dudek shall update data request log and provide Scoping Meeting agenda and minutes. Task 3 — Facilities Inventory — Existing System Description The Dudek shall update the wastewater system description as requested, including graphical presentations and tabular summaries. The Dudek shall work with the City to verify naming conventions and apply those conventions throughout the Water Master Plan. Task 4 — City Wastewater Projects and Development Activity The Dudek shall work with the City to develop an understanding of the existing City wastewater projects and development activity These active and future projects shall be documented in a table. The Industrial Zone Development shall be evaluated for impacts to sewer collection. Completed and in -progress collection system Capital Improvement Plan (CIP) projects shall be included in the hydraulic model as completed. L:\ca\djr\Agreeme its\Dudek Agreement.FY20-0018.doc jn 7 Dudek Agr ient.FY20-0018 Task 5 — Update Population and Wastewater Demand Estimates and Forecast Population and Wastewater Loading estimates shall be developed in this task by the Dudek, for short (10 - year), intermediate (25 -year) and long-term (50 -year) planning horizons, based on available data. Updates to population shall be made in conjunction with the City based on updated growth management measures. The Dudek shall estimate ultimate (50 -year) wastewater demand at buildout initially then use population growth patterns to estimate the 10 and 25 -year flows. Land use shall be utilized as the primary source of data for wastewater estimates, supplemented by development plans, as available. The Dudek shall provide the City with the results. Task 6 — Wastewater Flow Analysis Existing system flows estimated in Task 5 shall be calibrated by City -provided hourly flow data, including treatment plant influent flow data, pump station flow monitoring and available in -system flow monitoring. Development of diurnal curves and peaking ratios shall be based on City data and past project experience for similar sized municipalities. Inflow and infiltration influence shall be estimated based on available flow monitoring performed during the wet season. The Dudek shall provide a calibration table for inclusion in master plan report. Task 7 — System Planning and Analysis Criteria The Dudek shall review the City's existing performance and design criteria to be used in the Hydraulic Analysis in Task 10. Recommendations for criteria updates shall be made, as necessary The Dudek shall provide tabular documentation of criteria for inclusion in master plan report. Task 8 — Wastewater Treatment Plant Capacity Analysis The Dudek shall request wastewater treatment plant operational data, including current flows and constituent loadings. Individual unit process performance shall be compared to both plant design criteria and industry typical ranges. Individual unit process capacities shall be evaluated by the Dudek under current loading conditions as well as for loadings at the planning horizons evaluated in Task 5. A summary shall be provided by the Dudek indicating process capacities/deficiencies at current and future conditions. A 72 -hr power outage evaluation shall be performed to indicate deficiencies in WWTP infrastructure and operational strategies. Potential sites for future wastewater treatment expansion shall be identified. Additionally the Dudek shall perform a cost -benefit assessment for the use of digester gas for cogeneration. The Dudek shall provide a table of existing wastewater treatment plant process capacities and deficiencies, language describing deficiencies for 72 -hr power outage scenario, potential locations for future wastewater treatment, and language describing the costs and benefits for the use of digester gas for cogeneration. All items shall be included in master plan report. Task 9 — Model Development and Calibration The Dudek shall update the City's GIS with recent system improvements and the GIS shall be imported into the InfoSewer modeling software to create the wastewater collection system model for the City. Wastewater flow estimates from Task 6 shall be allocated throughout the newly constructed model. Lift station pump data shall be added as provided by City operations staff. The model shall be calibrated to within 10% of field conditions, including flow monitoring, lift station and wastewater treatment plant inflow data. The Dudek shall provide hydraulic modeling files. L:\ea\djm Agt ements\Dudek Agr erne rt.FY20-0018.doc.jn 8 Dudek Agreement.FY20-0018 Task 10 — Supply and Collection System Analysis The Dudek shall evaluate the collection system existing and future hydraulic capacity based on the performance criteria from Task 7 Where pipelines do not meet requirements, increasing pipeline diameters shall be identified. Analysis shall be limited to hydraulic capacity Condition assessments and improvements related to the aging of the system are not included but can be if CCTV is available. The Dudek shall provide graphical and tabular presentation of results to be included in master plan report. Task 11— Capital Improvements Plan Update The Dudek shall prepare a list of recommended improvements, prioritized based on phase development. Capacity projects shall be based on results of the hydraulic evaluation in Task 10. Any reliability -related deficiency projects to be included within the list of CIP projects shall be provided by the City System renewal/replacement projects shall be based on results of Task 10. The Dudek shall provide CIP list and planning level costs. Task 12 — Prepare Wastewater Master Plan A Draft Master Plan report shall summarize the study and all work tasks, which shall be provided to the City for review and comment. City comments shall be incorporated into the Final Master Plan report for delivery to the City The Dudek shall provide draft and final documents and associated graphics and appendices, submitted in full color, delivered electronically Task 13 — Policy Maker Presentations The Dudek shall present the final master plan to the Municipal Utilities and Public Works Commission work session for recommendation and to the City Council for adoption. The Dudek shall provide meeting presentation slides. Task 14 — Operation and Maintenance Once master plan is approved, the Dudek shall commence with the operation and maintenance task to assess the need for additional resources and equipment to provide the desired level of service. To meet this need, the Dudek shall use a general operation and maintenance approach and schedule, including an assessment of personnel, major equipment requirements, and annual costs of current and future operation. The Dudek shall provide a draft and final technical memorandum, in full color, delivered electronically L:\ca\djm\Agreements\Dudek Agri rtFY20-0O 18.doc.ji 9 Dudek Agreement.FY20-0018 EXHIBIT "B" PROJECT SCHEDULE ID Task Mode Task Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 l 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 NTP Task 1 Project Management 1.1 Kickoff Meeting 1.2 Status Meetings (4 Vinuai Meetings Assumed) 1.3 Budget/Schedule Control Task 2 Resource Document and Data Review 2 1 Collect and Review Peat Reports 2.2 Assess Prior Hydraulic Madel Function and Status 2.3 Review available GIS and System Information 2.4 Prepare summary and conduct scoping yrnrkshop Task 3 Facilities Inventory Existing System Description 3.1 System Background Description 3.2 Currant rod Future WSA Desolation and Boundary 3.3 Inventory of Existing FaciHllea/Assets Task 4 City Wastewater Projects and Davelopmont Activity 4.1 Existing City Wastewater Projects 4.2 Existing and Future Known Development Activity Task 5 Population and Wastewater Estimates end Forecast 5.1 Population Probations (Law, Mad, Hight 5.2 Wastewater Flow Estimates (Low Med High) Task 6 Wastewater Flow Analysis 6.1 Existing sod Future Flow Eallmetes 6.2 Peaking Factors Development 6.3 Inflow/Infiltration Requirements Task 7 System Planning & Analysis Criteria 7.1 Planning and Analysis Grillera ReviowlRecommendatione Task 8 Wastewater Treatment Plant Capacity Analysis 8.1 WWTP Bite Walk 8.2 Information Requeat 8.3 Analyze Process Operational Data 8.4 WWTP Process Capacity Summary 8.5 Power Outage Evaluation 6_8 Treatment Plant Expansion Site Options 8.7 Digester Gas Co -gen Assessment Task 9 Modal Development & Calibration 9.1 GIS Updates 9,2 Model Construction 9.3 Modal Loading 9,4 Model Calbraticn Task 10 Supply & Collacllon System Analysis 10.1 Eidating System Hydraulic Analysis 10.2 Future System Hydraulic Analysis (10, 25, 50 yr( 10.3 System Renewal/Replacement Analysis 10.4 Emergancy Backup Power 10.5 SeismictEarthquako Valves 10.8 SCADA Task 11 Capital Improvements Plan update 11 1 Capacity C1P Projects 11.2 Reliability CIP Pretecta Task 12 Prepare Wastawator Master Plan Report 12.1 Prepare Dist Master Plan Report and Graphics City Review of Draft Report 12.2 Prepare Final Master Plan Report Submit Final Report 'Task 13 Policy Maker Presonlalione & Plan Adoption 13,1 Work Session Presentation 13.2 City Council Presentation Task 14 Operation 6 Maintenance Evaluation 14 1 O&M Evaluatl n 14.2 O&M Evaluation TM IDuralion 0 days 15 days 0 days 1 day 1 day 10 days 10 days 10 days 10 days 0 days 10 days 10 days 10 days 10 days 20 days 10 days 10 days 20 days 10 days 10 days 10 days 10 days 10 days 10 days 5 days 5 days 60 days 0 days 10 days 10 days 10 days 10 days 10 days 10 days 70 days 15 days 20 days 10 days 10 days 50 days 10 days 15 days 10 days 5 days 5 days 5 days 10 days 10 days 10 days 50 days 30 days 10 days 10 days 0 days 10 days 0 days 0 days 30 days 20 days 10 days Stan Finkh Mons/21/20 !Mon 9/21/20 Mon 9/21/20 Mon 10/12/20 Mon 10/12/20 Mon 10/12/20 Mon 9/21/20 _ _ Mon 9/21/20 Mon 9/21/20 Mon 9/21/20 Mon 9/28/20 Mon 10/12/20 Mon 9/28/20 'Fri 10/9/20 Mon 9/28/20 Fri 10/9/20 Mon 9/28/20 Fri 10/9/20 .Mon 10/12/20 Man 10/12/20 Mon 10/12/20 Fri 10/23/20 Mon 10/12/20 Fri 10/23/20 Mon 10/12/20 Fri 10/13/20 Mon 10/12/20 Fri 10/23/20 Man 10/26/70 Fri 11/20/20 Mon 10/26/20 'Fri 11/6/30 Mon 11/9/20 IFri 11/20/20 Mon 11/23/20 Fri 12/18/20 Mon 11/23/20 Fri 12/4/20 Mon 12/7/20 Fri 12/18/20 Mon 12/21/20 Fri 1/1/21 Mon 12/21/20 Fri 1/1/21 Mon 12/21/20 Fri 1/1/21 Mon 12/21/20 •Fri 1/1/21 Mon 11/23/20 ,Fri 11/27/20 Man 11/23/20 :Fri 11/27/20 Mon 10/26/20 ;Fri 1/15/21 Fri 11/6/20 Fri 11/6/20 Mon 10/26/20 ;Fri 11/6/20 Mon 11/9/20 ;Fri 11/20/20 Mon 11/23/20 :Fri 12/4/20 Man 12/7/20 'Fri 12/18/20 Mon 12/21/20 .Fri 1/1/21 Mon 1/4/21 Fri 1/15/21 Man 10/26/20 Fri 1/29/21 Mon 10/26/20 Fri 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Q-1® --__- .® • MIi i jj ar�awl�1 a tYCoW..6.P190051arioa .. -__� arm I ! 1:'01 - 111 40kt6191TME is rim •liail.m.calr - NaEvaluanon WIIINIMM ©INFMa0- WEIMMEI=M11111MMII o, 591 . _ TT- 1ov 21% 1 710 1700 11, 1100 70 5e. -MMTINE,.- r 6.050 1 1.2 .0 5 11 209 5 103960 ern D&MMEvduaaonTM Rok105•11R* 14 Tour Nrll-OrikoolHour Broil T., Po'rl,lr aBa ir= 0IWIE 4 Mi0 74 41` 05' .- $ 11 11 5 107,160 $ 5 600 L-IcaldjmlAgreements\Dudek Agreement.FY20 0018.doc jn 11 Dudek Agreement.FY20 0018 EXHIBIT "D" WORKERS' 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 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 1 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 1 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 DUDEK By Bob O lund, P E , Vice President L IcaldimlAgreementsiDudek Agreement.FY20 0018.docjn 12 Date