HomeMy WebLinkAboutContracts & Agreements_205-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the preparation of a development impact fee study for open space and
parks, transportation improvements, storm drain facilities, water facilities, solid waste facilities,
sewer facilities, and public facilities (fire, police, library, government facilities and capital
equipment)("Agreement") is made and entered in this 2nd day of November, 2021 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City") and David
Taussig and Associates, Inc dba DTA, 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
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ARTICLE 1 — ENGAGEMENT OF CONSULTANT
City hereby engages Consultant to prepare a development impact fee study for open
space and parks, transportation improvements, storm drain facilities, water facilities, solid
waste facilities, sewer facilities, and public facilities (fire, police, library, government
facilities and capital equipment) services 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 R. Harris, 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 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
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attached hereto and incorporated herein by reference The Services shall commence
within ten (10) days of the Effective Date of this Agreement.
4.2 Consultant shall complete the Services by June 30, 2022, unless the Services are
terminated earlier as provided for herein.
4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to 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 not exceed the
amount of Forty Nine Thousand Nine Hundred Eighty Dollars ($49,980) City shall pay
Consultant on a time and materials basis up to the not to exceed amount in accordance
with Exhibit "C," titled "Fee Schedule" which is attached hereto and incorporated herein
by reference
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 or electronic mail transmission (including
PDF), 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 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone (909) 798-7531
CONSULTANT.
David Taussig, President
David Taussig and Associates, Inc dba DTA
3390 University Avenue, Suite 200
Riverside, CA 92501
david@financedta.com
Phone (800) 969-4382
Fax. (949) 480-0034
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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
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
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 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 and appointed
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
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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 perfottuance 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
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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 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 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
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, without regard to its conflicts of laws provisions The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California.
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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
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement
CITY 0
Paul T Baric�i, Mayor
ATTEST
e Donaldson, City Clerk
DAVID TAUSSIG AND ASSOCIATES,
INC DBA DTA
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Taussig,
vid Presid
EXHIBIT "A"
SCOPE OF SERVICES
The following Scope of Work details the tasks that the Consultant shall complete with respect to
preparing and completing the Development Impact Fee ("DIF") Study
This scope of work shall be completed within the schedule period listed in Exhibit "B"
Task 1— Evaluate Current DIF Program
The Consultant shall review the 2014 DIF study and all related resource documents and data
provided by the City The Consultant shall also review San Bernardino County Transportation
Authority (SBCTA) improvements and growth projections and consult with the City
Development Services Department to ensure growth is consistent with the City General Plan and
projections. The Consultant shall include this information when developing the DIF study
Task 2 — Development of Project Strategy and Kickoff Meeting
The Consultant shall meet with City staff in a project kickoff meeting to finalize the details of
the project, deliverables, timetables, and tasks, discuss the fee methodologies and best practices,
identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc ),
prepare the final schedule, discuss the public process, and resolve other concerns, as appropriate
Task 3 — Develop Population and Dwelling Unit Projections
The Consultant shall compile and document existing and future population and development
estimates for the City The projections resulting from this task shall ultimately calculate fee
levels At this stage, the Consultant shall evaluate City resources and influences, all factors
affecting the existing Fee Study, and pertinent impact fees as outlined by the City [specifically
open space and parks, transportation improvements, storm drain facilities, water facilities, solid
waste facilities, sewer facilities, and public facilities fees (fire, police, library, government
facilities, and capital equipment)] This task comprises four subtasks
• Subtask 3A — Population Projections
The Consultant shall gather existing information on present and future population
projections for the City from various sources, including City staff, the General Plan,
existing Master Plans, the U S Census, the SBCTA, the State Department of Finance,
and from other data sources, including the City's CIP
• Subtask 3B — Conduct Entitlement Research and Projections
The Consultant shall coordinate with the City to determine existing and future residential
and non-residential development within the City over the planning horizon (5 years, or
otherwise) To complete this subtask, the Consultant shall review the General Plan/CIP
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and related plans to determine expected development land use patterns in the City, assess
City records to identify existing entitlements for dwelling units and commercial/industrial
development, and project the number of new dwelling units and commercial/industrial
development based on existing entitlements and population projections through the
requested target year, as selected by City staff.
• Subtask 3C — Review Current City Fee Structure
The Consultant shall review and summarize the City's current development fee
structures, City policies and procedures, and other regulatory requirements affecting
potential fee structures and revenue program requirements.
• Subtask 3D — Review Prior City Fee Justification Studies
The Consultant shall review the approach and methodology utilized in prior City fee
justification studies so they can be evaluated in light of the City's current needs.
Task 4 — Review Facility/Capital Needs and Levels of Service
This task entails the review of the facilities and capital needs required to serve new development
in the study area projected in Task 3 The Consultant shall use existing City materials (and any
relevant Developer's Facilities Reports) as base documents and focus our effort on updating this
information.
For any fee program to be comprehensive in its scope, it is necessary to complete a thorough
identification and review of all the facilities that will be impacted by additional growth,
including those already discussed in the General Plan or CIP This task shall require close
coordination with all appropriate City departments
• Subtask 4A — Survey/Interview City Staff
The Consultant shall survey/interview City staff to review projected facilities in the City,
along with major equipment needs, the timing at which improvements will be needed,
and any physical data that would assist in developing the costs estimated below in
Subtask 4C Based upon the results of the surveys and interviews, the Consultant shall
verify and, if appropriate, expand the list of new facilities found in the General Plan/CIP
to be included within the fee program for the City
• Subtask 4B — Facilities List
Based on the information collected in Subtask 4A, the Consultant shall prepare a facilities
"needs list" that details the new facilities and equipment to serve new development in the
City
• Subtask 4C — Review Cost Estimates
The Consultant's engineering and technical staff shall, as necessary, consult with City
department heads and/or engineering staff or equivalent to ascertain and understand in-
house cost data for existing and projected facilities and equipment, apply inflation and
cost -of -living escalators to the list of projected public facilities to determine future costs,
review and/or refine existing cost data, examine major sources of revenue to fund the
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construction of new public facilities, and provide a proportional estimate between
projected costs for new facilities and estimated revenue from mitigation fees and other
sources Where appropriate, the Consultant shall consider debt service in establishing the
cost of facilities.
Deliverable: Facilities "Needs List"
Task 5 — Develop Methodology for Calculating New Fee Amounts
This task entails developing the methodology used to establish the fee amount for each fee
component to the extent appropriate. There are two critical issues that must be considered in
developing a fee program. The fee program must generate revenues in a timely manner and the
methodology must meet the nexus or benefit requirements of Assembly Bill ("AB") 1600 Since
fees of any sort are controversial, it is critical that any fee established be legally defensible.
The Consultant's Fee Study methodology must meet the nexus or benefit requirements of AB
1600, which requires that there be a nexus between the fees imposed, use of the fees, and
development projects on which the fees are imposed. Furthermore, there must be a relationship
between the amount of the fee and cost of the improvements In order to impose a fee as a
condition for a development project, the methodology must accomplish the following:
• Identify the purpose of the fee;
• Ascertain the use to which the fee is to be put; if the use is financing public facilities, the
facilities must be identified,
• Determine how there is a reasonable relationship between the fee's use and type of
development project on which the fee is imposed, and
• Identify how there is a reasonable relationship between the need for the public facility
and type of development project on which the fee is being imposed.
Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure
existing deficiencies in public facilities or improve public facilities beyond what is required
based on the specific impacts of new development. The benefit methodology established in this
task shall be documented in the Final Report.
The Consultant shall prepare a memo to be submitted to City staff summarizing available
methodologies and their respective pros and cons and providing detailed examples of other
cities', counties', or agencies' impact fee programs. Methodologies to review shall include
programs based on auto vehicle trips, all mode trips (e g., auto, transit, bike, and walk), square
footages, household units, etc The memo shall also discuss, as applicable, context -sensitive and
transportation demand management adjustments and "credits" for capital improvements required
as part of a project application. The Consultant shall recommend a Fee Expenditure Plan to
ensure that projects can be fully funded and implemented within any required time limits for
expenditures of such funds and possible flexibility to allow collected fees to be used to provide
the City with a match for grant applications Finally, the memo shall include recommendations
for methodology and next steps. Upon review and discussion by City staff, a methodology shall
be selected.
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Deliverable. Memo Summarizing the Fee Methodology Options
Task 6 — Determine Fee Levels
This task entails calculating the fee amounts based upon the dwelling unit and
commercial/industrial development projections completed in Task 3, facilities needs and costs
determined in Task 4, and methodology selected in Task 5
• Subtask 6A — Calculate Recommended Fee Amounts
The Consultant shall calculate fees for the City by inputting the data compiled under the
preceding tasks and computing each fee to be levied. This work shall be done in a
spreadsheet format that can be updated annually
The Consultant shall also evaluate this data in comparison to ten (10) surrounding
communities, as requested by the City, in order to arrive at comparable and acceptable
fee levels.
• Subtask 6B — Document Fee Derivation
The Consultant shall document the methodology utilized for the fee calculation model in
such a way that can be understood by the City and public. The Consultant shall prepare
written statements documenting the validity of the methodology for deriving each of the
fees for the City These statements shall be made to meet the requirements of AB 1600
and documented in the Final Report discussed below
Deliverable. List of Proposed Impact Fees for Single -Family Detached, Single -Family Attached,
Multi -Family, and Non -Residential Land Use Categories.
Task 7 — Prepare Draft and Final Reports
This task entails the preparation of the Draft and Final Reports for consideration by the City
Council and City staff.
• Subtask 7A — Prepare Draft Report for Comments
Based on the work completed in Tasks 1-6, the Consultant shall prepare the Draft Report
for review and consideration by City staff. The Draft Report shall be prepared under the
standards of AB 1600 and is expected to include an executive summary, population
projections, the facilities and improvements list, areas of benefit (if applicable), fee
calculations, recommended fee levels, and the suggested process for keeping fees current.
• Subtask 7B — Prepare Final Report
Based on the incorporation of City staff comments and concerns on the Draft Report, the
Consultant shall prepare the Final Report for presentation to the City Council and City
staff One hard copy of the Final DIF report shall be submitted to the City
Deliverables Draft and Final Reports
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If Consultant's Services include 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 salve. It shall be the obligation of Consultant to obtain a copy of such policy from City
Staff.
Task 8 — Project Management
The Consultant shall manage and coordinate all components of the DIF study and take a
proactive role in keeping all tasks on schedule and on budget and ensure timely completion of
the DIF study update. The Consultant shall give prior notice to the City, and obtain acceptance
from same, before performing work outside the contract work scope and thereby contract budget
amount.
This task entails attendance at a total of thirteen (13) meetings/workshops, including the kickoff
meeting, as detailed below•
• Kickoff meeting with City staff to define project goals and objectives, outline the project
and management approach, identify roles and responsibilities, and confirm the scope and
schedule,
• A minimum of six (6) working site visits with staff;
• A minimum of two (2) meetings with the public and developers,
• A minimum of one (1) meeting with the Building Industry Association ("BIA"),
• One (1) presentation to the Municipal Utilities and Public Works Commission at which
the Consultant shall present the Final Report for recommendation to the City Council for
adoption, and
• One (1) work session and one (1) formal City Council meeting presentation.
During these meetings, the Consultant shall take into account community and stakeholder input.
For this purpose, the Consultant shall develop handouts for these meetings that summarize the
findings and analysis from the Public Review Draft. The Consultant shall also prepare and
distribute updated information, as necessary, to facilitate discussion in Focus Group Meetings in
which the Consultant is unable to attend.
In -person attendance at any meetings shall depend on State guidelines and guidance from the
Centers for Disease Control and Prevention ("CDC") Where possible, the Consultant shall
conduct more than one in -person meeting with City staff, stakeholders, the BIA, the Municipal
Utilities and Public Works Commission, and/or other interested parties per meeting day
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EXHIBIT "B"
PROJECT SCHEDULE
Iask No.
_ Description
:-valuate DIF Program
Nov.
Dee
Jan.
Feb.
Mar
Apr
May
Jun.-
:�c-vel•otimdent c.f Project Strategy
.,nd Ai..kc•ff Meeting
:-velop Copulation and
::,mographic Projections
identify Facility/Capital Needs
And Levels of Service
-
#
Develop Methodoi gy for
Calculating Mew Fee Amounts
Determine Fee Levels and Condu. t
-
!,,using Affordability Ana]; •
,reare Draft and Finat F•=r
Project Management
on,3 rn::
-
•,.r,m ni,ation, Educat-on,
u,d Outreach of Project
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EXHIBIT "C"
FEE SCHEDULE
Description Title Hourly Rate
Est_ Hours
dal Cost
Task ##1 Evaluate Current
D1F Program
President/MD
5285
2
$570
Vice President
5240
6
$1,440
Senior Associate
S185
3
5555
Task l
11
$2 565
Task ##2 Development of
Project Strategy and Kickoff
Meeting
President/MD
S285
3
5855
Vice President
$240
3
$720
Sensor Associate
5185
0
S0
Task 2
6
$1,575
Task #3 Develop
Population and
Demographic Projections
President/MD
5285
f 2
5570
Vice President
$240
2
$480
Senior Associate
S185
8
S1.480
Task 3 12
$2 530
Task #4 Identify
Facility/Capital Needs and
Levels of Service
President/MD
5285
$240
4
$1.140
Vice President
24
55.760
Senior Associate
5185 12
S2.220
Task 4 40
$9.120
Task #5 Develop
Methodology for
Calculating New Fee
Amounts
1 President/MD
5285 4
$1,140
Vice • President
5240 4
5960
Senior Associate
S185 8
$1,480
Task 5 16
$3.580
Task #6 Determine Fee
Levels
President/MD
$285
4
4
51140
Vice President
$240
5960
Senior Associate
$185
8
$1,480
Task 6
16
$3.580
Task #7 Prepare Draft and
Final Reports
President/MD
$285
8
$2,280
e
Vice President
$240
12
$2.880
Senior Associate
$185
32
55,920
Task 7
52
S11,080
Task ##S Project
Management
PresidentIMD
5285
24
56,840
Vice President
$240
24
55 760
Senior Associate
5185
10
$1.850
Task 8
58
S14,450
Total Not to Exceed
President/TAD
$285 51
$14 535
Vice President
$240 79
S18,960
$14.985
Senior Associate 1 5185 81
Subtotal 1 - 211
$48,480
Cut -of -Pocket Expenses
51.500
Total
$49,980
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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
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.
DAVID TAUSSIG AND ASSOCIATES, INC
DBA DTA
Byyj�t.��'.� Date %��-�3���
David Taussig, Presi
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