HomeMy WebLinkAboutContracts & Agreements_26-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional engineering services for the Highway
Safety Improvement Program ("HSIP") Cycle 8, Emergency Vehicle Preemption System
("Agreement") is made and entered in this 16th day of February, 2021 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and AGA Engineers, Inc., a
California corporation ("Consultant"). City and Consultant are sometimes individually referred
to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises
contained herein, City and Consultant agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide engineering services for the HSIP Cycle 8,
Emergency Vehicle Preemption System for City (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," titled "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, any applicable State
prevailing wage laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City designates John Harris, Municipal Utilities and Engineering 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 Consultant 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 Consultant shall complete the Services by December 31, 2022, unless the Services are
terminated earlier as provided for herein.
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4.3 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 Total compensation for Consultant's performance of the Services shall be in an amount
not -to -exceed one hundred twenty one thousand five hundred ($121,500). City shall pay
Consultant on a time and materials basis up to the not to exceed amount in accordance
with Exhibit "C," titled "Cost Proposal," which is attached hereto and incorporated herein
by reference. The indirect cost ration ("ICR') calculated within Exhibit "C" shall remain
in effect throughout the duration of this Agreement.
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, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant'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
Phone: (909) 798-7531
Fax: (909) 798-7535
CONSULTANT:
Chalap K. Sadam, P.E., President
AGA Engineers, Inc.
211 Imperial Hwy., Suite 208
Fullerton, CA 92835
Chalap@agaengineersine.com
Phone: (714) 992-4592
Fax:(714) 992-2883
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage 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
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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.
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 Consultant is self -insured or exempt from the workers' compensation laws
of the State of California. Consultant 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
minimtun 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 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.
D. Consultant 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, Consultant 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 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 the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services. In no event shall the cost to
defend charged to the design professional exceed the design professional's proportionate
percentage of fault.
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
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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 a governmental 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 Government
Code section 87302.
7.3 In the event City 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. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes tinder 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 Consultant or Consultant's employees, except as herein
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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
whatsoever as an agent, nor shall Consultant 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 Consultant 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.
8.5 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.
8.6 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 Consultant.
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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CIT F:RED4L4DS
By:
Paul T. Barich, Mayor
ATTEST:
e ne Donal son, City Clerk
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LAca%djmlAgreements\AGA Engineers Agreement PS- I.1.FY20-008Ldoc.jn
AGA ENGINEERS, INC.
By:
Chalap adam, P.E., President
EXHIBIT "A"
SCOPE OF SERVICES
Task 1 - Project Management/Coordination
Proiect Kick-off Meetine and Additional Meetines
The project kick-off meeting and all subsequent progress meetings and/or presentations shall be
led by the Consultant. Meeting agendas shall be prepared and distributed to attendees prior to
each meeting and meeting minutes shall be distributed within five working days after the
meeting.
Before the kick-off meeting, the Consultant shall present the City with a listing of desired
information and documents to assist in the completion of the project. It is anticipated that the list
shall include available traffic signal as -built plans, copies of relevant project fimding documents
and any information the City might have regarding traffic safety or operational complaints
throughout the project area. It shall be the Consultant's goal at the project kick-off meeting to
establish the working relationships and discuss the work plan that shall be needed to successfully
complete the project as a cohesive City -consultant team in an efficient and cost-effective manner.
Additionally, the Consultant shall lead monthly meetings with City staff related to project
progress, and project status at 60% and 90% completion.
Progress Reports and Contract Administration
The Consultant shall submit a detailed project schedule to the City at the kick-off meeting. The
schedule shall indicate the timeline for completion of project tasks, and key dates for the
completion of milestones and deliverables. The schedule shall also highlight any
interdependencies between tasks and provide the City with a clear understanding of the work
flow by time. A final baseline project schedule shall be submitted after the project kick -off -
meeting and shall be updated monthly before every project meeting during the course of the
project.
The Consultant shall ensure that the project is completed on time, within budget, and in a manner
that fulfills the goals and objectives of the City, its grant funding partners, and the public that
travels the City of Redlands streets every day. The monthly invoices and progress reports as
outlined in the RFP shall be prepared. The progress reports shall include an explanation of the
work accomplished, status of the various tasks and deliverables, identification of any contractual
or technical issues, and discussion of pending or upcoming work items.
Quality Assurance/Quality Control
An effective quality assurance/quality control (QA/QC) review shall minimize or eliminate
additional costs to the City related to reengineering or contractor claims during construction and
liability after project completion. All deliverables from the Consultant shall be reviewed prior to
submittal to the City. The Consultant shall conduct an objective review of the work product.
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Deliverables:
• Project Team Meeting Notices, Agendas, Handouts, and Minutes
• Monthly Project Schedule Update
• Monthly Invoices and Progress Reports
• Quality Assurance and Quality Control Plan
• Final Copy of all Major Deliverables During Project Close -Out
Task 2 — Resource Documents and Data Review
Under this task, the Consultant shall research and obtain all available data relative to the project
from the City. The Consultant previously completed a citywide traffic signal system inventory as
part of the Citywide SSARP and currently have a wealth of information which shall be very
useful in the completion of the project. The Consultant shall leverage the information gathered
during the preparation of that report as well as information obtained from other previous projects
completed in the City of Redlands. Any available GIS mapping of the City's existing traffic
signals shall also be obtained.
Task 3 - Preliminary Engineering
The Consultant shall conduct a field review of all signalized intersections to identify
compatibility of existing traffic signal equipment with the new EVP systems. Due to the vast
amount of project intersections, the Consultant shall deploy multiple teams working concurrently
throughout the City. Throughout the course of the field review, the project teams shall meet
regularly to discuss findings and any special items that may have come up during each team's
field review. The Consultant shall obtain existing plans from the City including any as -built
plans, right-of-way mapping, topographic mapping, and miscellaneous drawings which may be
available. The City shall provide a list of names of contact persons for utilities within the project
limits as needed. As part of this task, the Consultant shall review the field data collected, prepare
preliminary high level cost estimates and shall meet with City staff to provide recommendations
on how to proceed with the project based on the field review findings. The Consultant shall
prepare a brief Traffic Analysis Report detailing findings of the field review and documenting
the steps taken to identify the signalized intersections where new EVP systems are to be installed
and what type of EVP system is to be installed. During this stage of the project, the Consultant
shall discuss the different types of EVP systems and with input from City staff and users of the
EVP systems shall determine what system best suits the City of Redlands.
After completion of the field review, and after discussions with the City on what improvements
shall be completed as part of the project, the Consultant's sub -consultant shall prepare the
necessary base maps and plan sheets to complete the design. The base plan shall show existing
curbs, traffic signal poles, and any other information pertinent to the proposed improvements.
Deliverables:
• Field Inventory Summary
• Minutes of Design Review Meeting
• Traffic Analysis Report
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Task 4 — Environmental Technical Studies
Per the RFP, the City has prepared and submitted the necessary Preliminary Environmental
Study (PES) to Caltrans. The approved PES shall be provided to the Consultant for reference and
it is anticipated that no additional environmental work shall be required. Should additional
technical studies or reports be required by Caltrans, the Consultant shall utilize a consultant
listed within the City of Redlands Approved Consultant List to complete those reports tinder the
City's direction.
Task 5 — Final Engineering
The Consultant shall prepare a draft PS&E package for the installation of new EVP systems at
various locations throughout the City. Appropriate Traffic Signal Equipment Installation Design
Plans shall be prepared for all project intersections receiving recommended improvements. The
Consultant shall prepare drawings at a scale of 1 "= 40' depicting all pertinent information such as
curbs, traffic signal poles, phase diagram, construction notes, general notes, and all proposed
improvements. All necessary details for installation of the new EVP systems and potentially new
controller units shall be shown on the plans. Plans shall be submitted for City review and
approval at the 60%, 90%, design stages before moving on to the final 100% design plans. At
this stage the final PS&E package shall be prepared for construction of the proposed
improvements. The package shall include all design plans, specifications, and cost estimates
required for implementation of the Project. All plans and specifications shall be in accordance
with the current City of Redlands Standard Plans, the Caltrans 2018 Standard Plans, and the
latest edition of the CA MUTCD. It is anticipated that the complete plan set shall include a Title
Sheet including a Vicinity Map showing the locations of the proposed improvements, and the
Traffic Signal Equipment Upgrade Plans. The 100% design submittal shall be stamped and
sealed by a Registered Civil or Traffic Engineer licensed to practice in the State of California and
shall be submitted on standard 24" x 36" mylar for final City signatures.
Deliverables:
• Design Plan Submittal at 60% and 90% Completion Phases (Electronic Files)
• Design Plan Submittal at 100% Completion Phase (Electronic Files)
• Electronic File of Bid Package in PDF, Microsoft Work, and AutoCAD
Task 6 — Cost Estimates
The Consultant shall prepare detailed cost estimates to ensure that all improvements fit within
the allocated budget available through the HSIP grant funds. To avoid any unnecessary work, the
Consultant shall prepare high level cost estimates early on in the project to identify the extents of
the proposed improvements. Cost estimates shall be prepared at the concept, 60%, 90%, and
100% stages.
Deliverables:
• Cost estimates at Concept, 60%, 90%, and 100% Design
• Electronic Files of 100% Cost Estimates
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EXHIBIT "B11
PROJECT SCHEDULE
WORK TASKS
I Fab Mar Apr Rtiy Jun Juy Aug Sep Oct Nov Doc Jan Feb Mar Apr May Jun Jvt
2021 2021 10" 2021 "21 202t 2021 2021 2021 loaf 2021 2012 2022 2022 tall 1022 2022 2011
LEGEND
Project Management/Coordination
Resource Documents and Data Review
Preliminary Engineering
Environmental Technical Studies
(if reeded)
Final Engineering
Cost Estimates
Specifications
E-76 for Construction IRFA CON)
Project Advertisement Services
Construction Support Services
Prepare Record Drawing (As-Bui)tsj /
GIS Data
Final PS&E Presentation
Construction of Improvements
TASK
DELIVERAM.E
rvtr-.cnuc
I
PRELIMINARY PROJECT SCHEDULE
HSlP Cycle 8 - Emergency Vehicle Preemption System
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EXHIBIT t'Ctt
Cost Proposal (Caltrans Exhibit 10-1-11)
Note: Mark-ups Not Allowed Prime Consultant LJ Subconsultant L) 2nd Teir Subcoasultant
Consultant AGA Engineers. Inc.
Project Wo. City 47026 Federal k HSIPL5083 (020) Contract No. Date January 5, 2021
DIRECT LABOR
Classification"Title
.Name
Sours
Acta.dHourlyRate
Total
President
*Chalap Sadam
56
S 72.77
S1,075.12
Vice President
*G1e.1U-9
28
S6233
S1,74524
Sr. Transp Engineer
*Ignacio Sanchez
52
S57.S8
S3,009.76
Sr. Desim Eu meer
*Ruben Perales
56
S52.88
$2,96128
Sr. Project Develop. 1,1er
lvatali Eid Esparza
6
552.89
$31728
Sr. ProjectEnttineer
*RolandHizon
43
S50.8S
$2,187.84
Sr_ Signal System Specialist
Leo Grimes
40
543,77
$1,750.80
Signal System Specialist
Phillip Fuentes
40
$42.77
$1,710.80
Associate Trausp EnginwI
Andrew Lima, ET
98
$36.00
53.528.00
Associate Transp Engineer l
Jessica Espinoza, EIT
114
536.00
S4.104.04
Assistant Transportation
Elias Sanchez
92
S26.00
$2392.00
Assistam Project Coord
Sonia Sanchez
4
527.00
S108.00
EagweenneAide Il
jPaulineBinaham
5
$2100
$110.00
LABOR COSTS
a) Subtotal Direct Labor Costs S28,000,12
b) Anticipated Salary Increases (see page 2 for calculation) $0.00
c) TOTAL. DIRECT LABOR COSTS ](a) + (b)] $28-000.12
MIRECT COSTS
d) Fringe Benefits (Rate: 36.94% ) e) Total Fringe Benefits [(c) q (d)] S10,343 24
f) Overhead (Rate: 127.36°0 ) g) Overhead [(c) t (f)] $35.660.95
h) General and Administrative (Rate: 27.47% ) i) Gen St Admiin [(c) s (h)] S7,691.63
j) Total Indirect Costs [(e) = (g) _ (i)] S5305.83
FIXED FEE k} TOTAI FLiBDFROFiT [(c)+(j)] x fired fee] 10.00% S8,169.60
I) CONSI LT-ANT'S OTHER DIRECT COSTS (OI)Q - TTENUZE
Description of Item Quantiry 'unit Unit Cost Total
'Mileage Costs
$0.00
Equipment Rental and Supplies
S0.00
Pernat Fees
S0.00
Plan Sheets
$0.00
Test
S0.00
ur) SLBCONSULTANTS' COSTS
CEJ Civil Ensineenng;'Survey
1) Total Other Direct Costs S0.00
Total Costs AGA Engineers, Inc. $89,865.55
$3L620.00
m) TOTAL SL'BCONST LT. \TS' COST $31,620.00
a) TOTAL OTHER DIRECT COSTS LSCLL DI G SLBCONULTA_\S [(1)+(m)] $31,620.00
TOTAL COST j(c) + (() + (k) + (n)l S121,485.55
NOTES: Total Cost Due To Rounding (See Hourly Brenkdotvn Table) S121,500.00
1. Key personnel raust be marked nithan asterisk (') and employees that are subject to prM-ailing wage requirements nin be=k-edvyith t%vo asterisks (* *).
All costs must comply with the Federal cost principles. Subconsultauts will provide their own cast proposals.
2. The cost proposal format shall not be amended indirect cost rates should be based on consndtant's annutal accouatinz period and established by a cognizant
agency or accepted by Caltrans.
3. Anticipated salary 'increases calculation (page 2) must accompany.
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EXHIBIT "C"
Cost Proposal (Cont.)
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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
vll� 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 Linder penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
AGA ENGINEERS, INC.
By:
Chalap K. Sadam, P.E., President
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Date: � 3 I ;L e-1