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HomeMy WebLinkAboutContracts & Agreements_236-2018AGREEMENT TO PERFORM PROFESSIONAL SERVICES PS 1 I (9/1 ifrs) This agreement for the provision of engineering design and environmental services ( `Agreement") for the East Valley Corridoi Bike Route Interconnect Project is made and entered in this 18th day of Deceinbei, 2018 ("Effective Date") by and between the City of Redlands, a municipal corporation ('`City)" and KOA Corporation ("Consultant") City and Consultant are sometimes individually ieferred to herein as a "Party" and, together, as the "Parties" In consideration of the mutual promtses contained herein, City and Consultant agree as follows ARTICLE 1 — ENGAGEMENT OF CONSULTANT City hereby engages Consultant to provide engineering design and environmental services for City (the "Services") 12 The Services shall be peiforrned 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 to 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 Paul Toot, 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 pet formance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Consultant shall complete the Services by December 31 2022, unless the Services are terminated eatller as provided foi herein 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 foi the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff L 1caldimlAgreementslkOA Agreement 12 13 1 s doe 1 PS 1 1 (9/11/18) ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 Total compensation foi Consultant's performance of the Services shall not exceed the amount of two hundred seventy eight thousand, nine hundred thirty nine dollars and twenty six cents ($278,939 26) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B" entitled `Proposed Fee" attached hereto and incorporated herein by reference 5 2 Consultant shall submit monthly invoices to City describing the Services performed dun mg the preceding month Consultant's invoices shall include a brief description of the Services pei formed, the dates the Services were performed, the numbei 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, of which may be given pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of deliveiy 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 coot iei, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class certified, registered of express mail, in each case properly posted and fully prepaid to the appropi late address set forth below, or such other address as a Party may provide notice in accordance with this section City City Cleik City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 Consultant Ming Guan KOA, Corporation 3190 C Shelby Street Ontai io, CA 9 1764 mwuan,c koacorp corn, 909 890 9693 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Consultant foi 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 prioi to commencement of the Services Insurance policies shall include a provision prohibiting cancellation of modification of the policy except upon thirty (30) days prioi written notice to City A WorkersCompensation and Employei s Liability insurance in the amount that meets statutory requirements with an insurance carnet acceptable to City or certification to City that Consultant is self -insured of exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit `C' entitled 'Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prioi to performance of the Services I \ea\djm\Agreements\KOA Agreement 12 13 18 doe. 7 PS 1 1 (9111118) B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000.000) pet occurrence and Two Million Dollars ($2,000,000) aggregate fot 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-conti ibuting to any insurance of self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) pei 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 01 self-insurance maintained by City 6 2 Consultant shall defend, indemnity and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, al ising from injury 01 death to persons oi damage to property occasioned by any negligent act or omission by, of the 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 of interest in any real property that may be the subject of this Agreement o1 any othei source of income, interest in real property of investment that would be affected in any manner o1 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 undei 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, (it) issue, deny, suspend o1 revoke any City permit, license, application, certification, approval, order or similai authorization o1 entitlement, (iti) authorize City to enter into, modify o1 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 oi similai item, (vi) adopt, 01 grant City approval of, policies standaids o1 guidelines foi City o1 For any subdivision thereat B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision o1 otherwise perform the same of 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 r_ ILa\djm\AgreerentslkOA Agreement 12 13 18 doe 3 I S 1 1 (9111/18) 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 I In the event any action is commenced to enforce of interpret any of the terms of 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 sti ict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior wi ttten consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Consultant is foi all purposes undei this Agreement an independent contractoi and shall peifoim the Services as an independent contractoi Neithei City noi its agents shall have control ovei the conduct of Consultant of 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 foi 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 foi the account of, or on behalf of City Consultant shall have no authority, express o1 implied, to act on behalf of City in any capacity whatsoevei as an agent, noi shall Consultant have any authoi ity, express of 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 wiitten 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 (I) no amount shall be allowed fot anticipated profit of 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 othei infoimation and materials as may have been accumulated by Consultant in petfoiming the Services Consultant shall be compensated on a pro-rata basis fot Services completed up to the date of termination 8 5 Consultant shall maintain books, ledgers, invoices accounts and othei records and documents evidencing costs and expenses related to the Services for a period of three (3) years, of for any longei 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 i. \ealdlcn\AgreemLnts\kOA Agreement 12 13 18 doe 4 PS 1 1 (9/11/18) 8 6 Fhis Agreement, fncludtng 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 of verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided foi 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 Calitornia 8 8 if one of more of the sentences clauses paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jui tsdiction, the same shall be deemed severable from the remaindet of this Agreement and shall not affect, impair of invalidate the remaining sentences, clauses, paragraphs of 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 City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS ByC Paul W Fostei Mayo' Attest eDonaldson, City Cleik 1 \ca\dim\Agreemuns\KOA Agreement 12 13 18 doe, KOA Corporation 13y Ming Guan J EXHIBIT "A" SCOPE OF SERVICES PS 1 1 (9/11/18) Task 1 - Project Management and Administration The Consultant team will meet with the City to establish the design parameters for this project Under the project management task, Consultant will be responsible for maintaining contact with the City's Project Manages to keep him/hei informed of the developments on the project It is anticipated that monthly PDT meetings will be held until the final completion of the project Consultant will also meet with the City and identify all applicable agencies with authority over any particular aspects of the project We will develop a list and contact information Consultant will coordinate with each agency and determine permits or project specifications that are required Consultant will serve as the main coordinator and liaison between the City and agencies Consultant will include Project Invoicing in accordance with funding program requirements specified in the ATP Grant Applications Invoice will be submitted with charges segregated by work performed within City of San Bernardino, County of San Bernal dino and City of Redlands of each month The following specific subtasks will be performed I) Management of project team including sub -consultant 2) Attend Project Start-up Meeting, Development and Agreement on Design Standards which may be per AASHTO Greenbook when on National Highway System (NHS) or locally adopted standards when off NHS 3) Conduct PDT Meetings including Prepai ing Agenda and Meeting Minutes 4) Submitting of Monthly Progress Reports and Invoices including Updating Schedules 5) Provide a presentation to City Council and additional committees as requested by City staff 6) Coordinate design and construction schedule with Robertsons Ready Mix, CUP No 964, located just south of the City boundaiy on Alabama Street Deliverables Meeting agendas, attendance rosters, minutes / Detailed project schedule / Monthly project reports / QAP Task 2 - Utility Reseal ch and Coordination Consultant will provide preliminary notification/request letter and relocation/removal notices to all utility companies that have facilities within the limits of the project The City shall provide Consultant with the required format foi the utility notice in Microsoft Word format I) Contact and Obtain Utility Information 2) Prepare notices and follow up requests with plans to utility companies Deliverables Utility Log, Spreadsheet log of notices sent to utility companies and responses received Task 3 - Data Review, Field Surveying and Base Mapping Project Controls will be established foi aei ial mapping Field surveys will be conducted foi mapping elevations against National Mapping Accuracy Standards This work will include sending field crews to the project area and surveying topographic information to develop one -foot contour base maps of the project area AutoCAD plans will be prepared foi the purpose of engineering design Survey will include street centei line and light of way information, and survey monuments Survey shall be tied L ILa\djm\Agreements\KOA Agreement 12 13 18 doc. 6 PS 1 1 (9/1I/RS) into state plane coordinate system and City benchmarks The coverage for the aerial mapping will include the Class II and IV bike lanes and the proposed Class I bike route along Alabama Street 40- scale planiinetric aerial mapping with I -foot contours will be obtained Supplemental topographic field surveys will be performed to collect cross sectional information every 50' along Alabama Street from Santa Ana Rivet trail to the Robertson's Ready Mix Specific tasks will Include I) Obtain and Review Existing Documents and Reports 2) Conduct Field Surveys for Control and Mapping 3) Preparation of Base Map 4) Perform pre -construction survey monument preservation within flood control corridoi with required cornet records submitted to the County of San Bernardino Deliverables Report of potential conflicts / Electronic copy of all field surveys in AutoCAD, latest format Task 4 -- Conceptual Alignment ancl Estimate Immediately upon receipt of the Survey, Consultant will develop a preliminary concept alignment. and hold a workshop with all applicable agencies to review and modify as needed The preliminary alignment will be developed based on a full field review, review of right of way limits, and consultation with stakeholders l) Prepare Conceptual Alignment Plan and Cost Estimates 2) Conduct Design Review Field Meetings 3) Conceptual alignment plan workshop Deliverables Conceptual Alignment and Cost Estimates Task 5 - Right -of -Way Engineering (Optional) It is important that exact property lines on the parcel are indicated on the base reap Once the design footprint has been finalized, Consultant will identify the needs for new rights -of -way, permanent easements, temporary construction easements, and rights -of -entry The Consultant team will prepare right-of-way maps showing existing tights -of -way and easements, areas requiring acquisition, assessor s parcel number, zoning, owner's name, addresses, and type of business, street centerlines, property lines, building footpi ints, setback distances from right-of-way to building, existing and proposed improvements within the taking areas, including potential acquisition and easements required fat maintenance access, utilities, and construction work area, as necessary Consultant will provide the following right-of-way services should they be required Consultant will coordinate and/ot negotiate to obtain i ights-of way or easements for properties as necessary and identify Right -of -Way Requirements I) Obtain Right of Entry 2) Prepare Legal Document 3) Prepare R/W Data Sheet Report 4) Appraisal and Negotiation Services Deliverable If applicable, Rtght of Way Impact Map, Legal and Plats / Appraisal report / Prepare Acquisition Offer Packages / Owner -Executed Acquisition Documents r. Icaldim\Agreemuus\IOA Agreement 12 13 13 doc 7 PS 1 1 (9/11/1S) Task 6 - Geotechnical Design Report Geotechnical field investigation will consist of drilling exploratory borings to obtain material samples pavement design The results of field exploration and geotechnical laboratory tests will be evaluated and engineeiing analyses will be performed rn order to provide geotechnical recommendations fot the design and construction of the proposed project A professional report will be prepared to summarize the data collected and present ow findings, conclusions, and geotechnical recommendations foi design and construction of the proposed project Specific tasks will include 1) Perform Laboratory Testing 2) Design pavement structural thickness 3) Prepare pavement evaluation / over lay thickness recommendations report Deliverable Geotechnical Design Report Task 7 - Envii onrnental Document The CEQA Lead Agency will be the City of Redlands The following specific subtasks will be performed as identified in the Preliminary Environmental Analysis Report 1) Initial Study pursuant to CEQA 2) CEQA documents as required to comply with law 3) Coordination with Wash Plan and SBVWCD *If additional Technical Studies are requested by Caltrans, supplemental request will be requested Deliverable Environmental Documents and Technical Reports Task 8 - Prepare Interim and Final Plans, Specifications and Estimate Consultant will prepare and assemble a set of plans, specifications and estimate foi this project in a bid package format foi City review, in accordance with the City of San Bernardino, County of San Bernardino, and City of Redlands Standards These plans will be prepared in 60%, 90%, and 100% The plan will be assembled after individual tasks are completed as defined in the tasks above Other plans not noted in the tasks will be completed under this task These plans include, Vicinity Map civil design plans, traffic signal plans and signing and striping plans All approved plans will be provided to the City on compact disk in AutoCAD, as well as on "D ' size Mylat Specifications documents, including technical specifications, will be provided on digital medium disks in Microsoft Word format and as a combined PDF document in preparation to advertise foi construction The Engineers Estimate will be provided in Excel format Specific sub -tasks include 1) Specifications and Special Provisions and Engineers Estimate 2) 2" d Review 60% Submittal 3) 3rd Review 90% Submittal 4) Final 100% Submittal Deliverables Three (3) full-size copies of plan submittals at 60%, 90% completion milestones One full-size signed Mylat of approved 100% plan set Cost estimates and Project Specification at 60%, 90% and 100% completion milestones L 1ca\djmlAgrecments1kO 1 Agreement 12 13 18 doe PS 1 1 (9/11/18) One CD containing final signed plans (PDF and Autocad format), specifications, and estimate Task 9 - Engineei ing Support during Bidding, Award & Construction Phase KOA will assist the City of Redlands in advertising for bids, and providing plans and specifications Tasks may include answering questions from prospective bidders, providing responses to requests for information (RFI's), preparing addenda to the PS&E during the advertisement period, and providing consultation and interpretation of construction documents KOA will attend the project pre - construction meeting During construction, we will be available to answei requests for information, requests for elaiification, and address interpretation needing comment All responses to requests for information addenda, interpretations and any other communication shall be delivered only to City staff foi disti ibution We will be available to review and comment on project submittals KOA will woik closely with the City's appointed construction inspector Subtasks will be as follows 1) Bidding Services 2) Preconstruction meeting 3) Review Inquiries, submittals and change orders during construction 4) Prepare As Built Drawings Deliverables RFI Responses / As Built Drawing L 1caldj ntA(zrec mcntsliN.OA Agreement 12 13 18 doc 9 Proposal Fee ENGINEERING AND DESIGN SERVICES EAST VALLEY CORRIDOR BIKE ROUTE INTERCONNECT PROJECT CITY PROJECT NO 47029 TASKS ' Principal In Charge $219 Project Clanger 3142 Senior Engineer $219 Senor Engineer $182 Senior Eng'araer $144 Design Ergilwe 3B6 Design Engi .or 398 Admin Assist 392 Environmental ECORP ISA EnSafa Right al Wry Epic Land Surveying WerstLand Group Gsolech Tsiring TOTAL COST esk1 Project Management end Mosnrslrallon leak I) Meragcmrl of protect teem auiuCmg yi.L.rbrsyryanl 2 1. 4 4 4 34.301 41 .)Attend Proed Swap Meeks; DeMopmmt and A7eemcnt on Orson Slandads 4 2 a 4 . $10 26 3) Conduct POT kleenas Incucrp Kneen A;alde and F4eetrp Matures 4 -4 24 36,588 C• 4) Submt'alg d Mowry Prepress Reports and I nvoces ardudnd Upcatng Schedules 4 40 4 4 4 20 4 40 S14 247 79 5) Provides presereataan to Qrryy Court end committees os req,w.sled by Cry sa'I 3 a St.90135 b) Coa9rme design and rms9r1i9n S0leodemin R00essons Reedy Aix 4 8 $1,335 24 Subtotal 10 92 8 10 12 64 6 40 50 30 30 10 30 331,03877 2 4114i1y Research and Coordination T»N 1) Contact and Otttm USIdy krloma6ar 4 20 $2484 47 21 Prepare nukes end follow yo rousts with darts to u01M amp8nes 8 20 $3.053 5: uhtota 12 40 S0 30 3O $0 30 S5,537.95 3-0eta Review, Field Surveying and Lase Mapping n) Oman end Renee, Eustaq Occunonts and Repsls 4 e 33532 35.86724 2; Conduct Field Sums kr Coro and 3dnpir1 4 A 536.71 S33,10624 3i Preparetm of base M p 4 20 2C 57 101 $11503 71 Subtotal 12 38 20 50 30 30 552407 30 339.477.19 Task./ Conceptual Akgrao.nt and Eo8mata 1; Prepare Conceptual Mearna0 Ran any Cost Esametes 40 8 8 6 80 80 S544610 2; Conduct Desgn Raven Field Mee;ngs 6 e $1y04.11 3, Conceptual elmmanl den 4M(shop 4 4 S152 18 Suboal;. _. 52 B 8 • a 92 BO 36 S0 So S6 S Task 5. Rghlol-Way Engiawnrq (Optional) 1) Men Right ofrlr5y 4 4 518.300 S19,216 59000 $9952.16 3h Prepay RAN [oL191044 Report 2 2 9 8 S2B.'17 S31,221 CO 4) Apprws9 693 N89469tdn Se 4ces (6 farces', 0 B 531.700 533601 Subaoal 18 2 24 a 50 SO 379,117 39,000 $0 394,02380 Task 6 Geotachnlcal Net n Rayon 1) PMenn Laboratory Testnl 2 63.560 53.764 5E 2; Design pavement structural 3atlmess 2 4 4 66.(00 57.0.906E 3; Prepare parercrtmt evteua9a+ l crcAat Slickness remmmeMa' ens reoa^, 2 8 9 55374 3' 190 58 Subtotal 6 12 12 So SO SO 30 iT4,97A $I9.8 0.74 Task 7 Ertleonrnareai Docranert 11 Frelimerv&ear mark& Analysis Recce' !REAM' 2 8 16 S20.737 $11.312 335,15749 210ECACalegurcal Exrrrpton 2 4 8 52.261 54,13402 3)Coma-miensit Wert hen and 551,ANCD 2 16 16 512775 517.02149 00449751 6 28 40 235873 $11,312 30 30 30 $56,31299 Task B Prepare Intern and Final Rant Speenicalbm and Estimate 7) Spay+c0200s and Special Prwisals and Engrloas Es3m4'e •Z, 4 20 40 $7.351 75 2nd Rytia,4 6036 &emu 8 40 123 120 530.45 66 3) 3rd Ren. 90.4 aorndal a 20 80 a2 57391910 LF,nal 100%344n:114 4 12 40 23 38,124 61 Subtotal 21 92 280 220 30 30 30 SO 30 $86,225.33 Task a Ealkwenng Support MAIN Bidding, Award 6, Corelruclion Phau 1)043vSereCes 2 4 4 $1.8i1721 74 21Preconstucten mee:no 4 4 4 CMe 3!Rv hearts. wbrmnxs and chasm yealmro s drg cs3ctm u33.49679 ' 4 4 20 $3.496 4)Pre9xe As MI Den.vngs 4 2 10 16 $3,920 &- 311.01844 Subtotal 8 16 6 48 18 SO SO 30 30 30 Reimbursable* I) Rt-J5 �. Penang and Myra 52,000.00 2) 60leage $1,000.00 TOTAL HOURS 48 328 16 18 28 636 362 40 TOTAL COST S10,507 S46,668 $3,502 53,418 S4,022 S60,906 S34,667 53,666 S35,873 S11,312 579 117 S61407 S14,874 $372,969.06 pm KOA sin;: CO�RPuORATION ,. Without Optional Right of Way Englneenng Task $278,939.26 PS 1 I (9/11/€S) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employe', 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 oI more insurers duly authorized to write compensation Insurance in this State (b) By securing from the Directoi of Indust! tat Relations, a certificate of consent to self - Insure, either as an individual employer, of as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Directoi of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his of 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 foi 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 of permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the woik and activities required or permitted undei 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, of a certification of workers' compensation insurance I certify under penalty of perjury undei the laws of the State of Calitornia that the mforrnation and representations made in this certificate are true and correct KOA Corporation Date 12/20/18 By.. Ming Guan I \La\dim\Agreements\KOA Agreement 12 13 18 doc