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HomeMy WebLinkAboutContracts & Agreements_192A-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of laboratory testing and analysis for the California Street Landfill ("Agreement") is made and entered in this 8th day of October, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Babcock Laboratories, 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 laboratory testing and analysis 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 Chris Boatman, Facilities and Community Services 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 "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended 1 L:\ca\djm\Agreements\Babcock Laboratories Agreement.PS-1 1.FY21-0033,doc.jn Term"), on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 The compensation for Consultant's performance of the Services shall not exceed the amount of twelve thousand three hundred thirty dollars ($12,330) for the Services provided during the Initial Term. Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of twelve thousand three hundred thirty dollars ($12,330) for the second Extended Term, and twelve thousand three hundred thirty dollars ($12,330) for the third Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of thirty six thousand nine hundred ninety dollars ($36,990) For the Initial Term and each Extended Term, City shall pay Consultant on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "B," titled "Price Sheet," 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. Allison Mackenzie, Executive VP of Regulatory Affairs Babcock Laboratories, Inc 6235 River Crest Dr Suite H Riverside, CA 92502 amackenzie@babcocklabs.com (951) 653-3351 (951) 653-1662 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 2 L:\ca\djm\Agreements\Babcock Laboratories Agreement.PS-1 1.FY21-0033.doc.jn 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 "C," 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 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 ARTICLE 7 — CONFLICTS OF INTEREST 3 L:\ca\djm\Agreements\Babcock Laboratories Agreement.PS-1 1.FY21-0033.doc.jn 7 1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make 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. 4 L:\ca\djm\Agreements\Babcock Laboratories Agreement.PS-1 1.FY21-0033.doc.jn 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. 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 5 L:\ca\djm\Agreements\Babcock Laboratories Agreement.PS-1 1.FY21-0033,doc.jn 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 OF REDLANDS By 7 Charles M Duggan, ATTEST Donaldson, City Clerk BABCOCK LABORAT • RIES, INC By 6 L \ca\djm\Agreements\Babcock Laboratones Agreement.PS 1 1 FY21 0033.doc in ison Mack- ie, Executive VP of Regul. Affairs EXHIBIT "A" SCOPE OF SERVICES Contractor must provide testing services and laboratory analytical methods sufficient for meeting the site -specific monitoring requirements for the California Street Landfill in accordance with California Regional Water Quality Control Board — Santa Ana Region (RWQCB) Waste Discharge Requirements (WDRs) and Monitoring and Reporting Program (M&RP) Order No R8-2004-0008, including amendments stipulated in Order No R8-2008-0094, and in compliance with Article 1, Subchapter 3, Chapter 3, Division 2, Title 27, California Code of Regulations (CCR) Per the California Street Landfill Joint Technical Document, and the regulatory orders listed above, the City is required to monitor, sample and analyze groundwater, soil -pore gas, condensate and leachate on a quarterly basis at the CSL under the Detection Monitoring Program described in the M&RP No R8-2004-0008 The Laboratory shall comply with all applicable Federal, State and local laws during the performance of these specifications according to the most recent version of Standard United States Environmental Protection Agency (USEPA) Methods. The Contractor must possess the skills, licenses and professional expertise necessary to provide the analyses services to the City at a level of competency presently maintained by other practicing laboratories in the industry who provide like and similar types of services CONTRACTOR CERTIFICATION ELAP qualified lab for California State Program. Ninety -Five percent of all analyses to be conducted in-house without subcontracting. QUALITY CONTROL NELAP-Approved Quality Assurance Manual. Code of Ethics Policy CONTRACTOR CAPABILITY Accreditation — laboratory license to perform testing. Audit — most recent 3rd party audit report of quality systems (required as part of accreditation) PT Results — most recent 3rd party proficiency test results (required as part of accreditation). QA Manual — table of contents will illustrate depth of policies and procedures SOPs — laboratory procedures for analysis according to approved test methods MALs — method acceptance limits for each analytical method to illustrate precision and accuracy Instrumentation — documentation of laboratory's investments in and commitment to technological advancements. CUSTOMER SERVICE Contractor testing facility must be located within 60 miles of 1950 Nevada Street, Redlands, CA 92373 Contractor must be available for deliveries and pick-ups 5 days per week using Contractor's own staff (not 3rd party) 7 L:\ca\djm\Agreements\Babcock Laboratories Agreement.PS-1 1.FY21-0033.doc.jn EXHIBIT " 13" Price Sheet 'Cable 1 Leachate: ITEM NO. Constituent Test Method "Estimated Quantity of Liquid Samples Collected Per Year Unit Price Extended Price (Qty x Unit Prot* 1 Appendix II Constituents 8260E/8270Narious 3 $ 913 $2,739, $ Calcium and Mrs 2 Total Hardness EPA 6010 3 $Included w' 3 4 Bicarbonate 310.1 3 $InCiuded IN, $ Alkalinity Carbonate 310.1 3 $Inaudad W. $ Alkalinity 5 Total Alkalinity SM 2320B 3 $10 $30 6 Total Cations "See Notes 3 $ 0 $0 7 Total Anions "See Notes 3 $0 $a., B Hydroxide *See Notes 3 $included V\/ $ Alkalinity 9 Chloride EPA 300.0 3 $ 8 $24 10 Fluoride EPA 300.0 3 . $8 $24 11 Nitrate (as N) EPA 300.0 3 $t} $24 12 Sulfate EPA 300.0 3 $8 $24 13 Phosphate 365,2 3 $ 20 $60 14 total Phosphorus 365.1/365.2 3 $ 25 $75 15 Boron 212.3/200.7 3 $ 8 $24 16 Specific Conductance SM2510 B 3 $ 7 $21 17 pH SM4500 H*B 3 $ 7 $21 18 Total Dissolved Solids SM 2540C 3 $ 10 $30 19 Chemical Oxygen Demend _,. 410,4 3 $ 25 $75 20 Phenols 420.1 3 $ 35 $ 105. 1 Total Organic Carbon SM 53108 3 $ 25 $ 75 ,. .. 22 , Total Organic Halogens 450.1 3 $ 210 $ 630 23 Calcium 200.7/215 3 $ 8 $24.. 24 Magnesium 200,7/242,1 3 $ $24. 25 Manganese 200.7/243.1 3 $ 8 $24 26 Potassium 200.7/258.1 3 $ 8 $24 27 Sodium 200,7/273,1 3 $ 8 $Z4 28 Iron 200,7/236,1 3 $8 $24 29 Zinc 200,7/289.1 3 $ 8 $ 24 $ x ` `u x• '< "'. Si a,, , ,, '' ,, '. eA %lcr E( $ 1,383 $4,149 'Two Iunehate sumns samnled annually in October A retest stannic is collected the following, April and analyzed for only first time detections from the October event. Total Cations and Anions are determined by the summation of all Cations and Anions, respectively, in the sample analyzed. The standard method, SM 23308, In the "Standard Methods for the Examination of Water and Wastewater" for hydroxide ion analysis shall be used. 8 L:\ca\djm\Agreements\Babcock Laboratories Agreement,PS-1 1,FY21-0033.doc.jn neslum Table 2 Condensate: Item No Constituent 'Pest Met>itod *Estimated Quantity Of Liquid Samples Collected Per Year Unit Price Extended Price t . x unit Prtco 30 Appendix 11 Constituents R2fi00IR270/Variaus 2 $913 $ 1,826 31 32 Total Hardness EPA 6010 2 $Included w/ Calcium $ and Magnesium Bicarbonate 310 1 2 $Included W/Alkalinlly$ 33 Carbonate 310 1 2 $Included W/ Alkalini.y$ 34 Total Alkalini SM 2320E 2 $ 10 $ 20 35 Total Cations *See Notes 2 $0 $ 0 36 Total Anions *See Notes 2 $0 $ 0 37 Hydroxide *See Notes 2 $Included W/ AlkaiMI,y$ 35 Chlaridc EPA 300.0 2 $8 $16 39 Fluoride EPA 300.0 2 $8 $ 16 40 Nitrate (as N) EPA 300.0 2 $8 $16 41 Sulfate 1?PA 300.0 2 $8 $16 42 l'hos+hate 365.2 2 $20 $40 43 total Phosphorus 365 1/365.2_ 2 $ 25 $ 50 44 Boron 212,3/200,7 2 $ 8 $ 16 45 Specitic Conductance SM 2510B 2 $ 7 $ 14 46 pH SM 45001:1+13 Z $7 $14 47 Total Dissolved Solids SM 2540C 2 $10 $ 20 48 Chetnlcni t?x au netnmid 410.4 2 $ 26 $ 50 49 I 1 t 420.1 2 $ 35 $ 70 50 Total Organic Carbon SM 5310E 2 $25 $ 50 51 Total Organic Halogens 450.1 2 $ 210 $ 420 52 Calcium 200.7/215 2 $8 $16 53 Magnesium P,PA 200.7 2 $8 $ 16 54 Man ancse 200.7/243 1 2 $8 $16 55 Potassium 200.7/258 1 2 $8 $18 .. 56 Sodium 200.7/273.1 2 $8 $ 16 200.7/236.1 2 $8 ., $16 200 7/2891 2 $ a $ 16 r ,� r •s bHt . K,•U • xP . <a , x �f � srr w,,L.. �. y`n 0 v, $ 1,3133 $2 766!pivfnu'1J✓iLeYAc - -....• 9 L:\ca\djm\Agreements\Babcock Laboratories Agreement.PS-1 1.FY21-0033.doc.jn Table 3 Groundwater: Item No Constituent Test Method (USEPA) Method Description *Estimated Quantity of Ground Water Samples Collected Per Year Unit Price Extcndcd Price (Qty z Unit Price) 59 pll SM4500II+B Elcetrometric 8 $ 7 $56 60 Total Dissolved Solids SM 2540 C Gravimetric 8 $ 10 $80 61 Chloride EPA 300.0 [on Chromatography 8 $ 8 $64 62 Sulfate EPA 300.0 ton Chromatography 8 $ 8 $64 63 Nitrate (as N) EPA 300 0 Ion Chromatography 8 $ 8 $64 64 Bicarbonate 310 1 Titrimetric 8 $ Included w/ $Alkalinity 65 Carbonate 310 1 Titrimetric 8 $Induded wl $Alkalinity 66 Chemical Oxygen Demand 410 4 Colorimetric 8 $ 25 $ 200 67 Hydroxide SM 2330B Standard Methods 8 $Included w' $Alkalinity 68 Total Alkalinity SM2320 B - 8 $ 10 $80 69 Perchlorate EPA 314 0 8 $ 20 $ 160 70 47 Appendix 1 VOCs 8260B Purge and Trap GC/MS 10 $ 75 $ 750 71 EDB, DBCP EPA 504 8 $ 40 $320 5 •b ' �. rv�u 4a ,.7. ed , - N1�; li1if $211 $1 838 Surface Water. • Two locations sampled quarterly when stream now present. Item No. Constituent Test Method Method Description *Estimated Quantity of SW Samples Collected Per Year Unit Price Extended Price (Qty x lJnit Price) 72 pH 150 1 Electrometric 3 $7 $ 21 73 Total Dissolved Solids 160 1 Gravimetric 3 $10 $30 74 Chloride 325 Ion Chromatography 3 $8 $24 75 Sulfate 375 Ion Chromatography 3 $8 $24 76 Nitrate (as N) 353.2 Ion Chromatography 3 $ 8 $24 77 Bicarbonate 310 1 Titnmetric 3 $Included w' $Alkalinity 78 Carbonate 310 1 Titrimetric 3 $Induded w' $Alkalinity 79 Chemical Oxygen Demand 410.4 Colonmetnc 3 $25 $75 80 I Iydroxide SM 2330B Standard Methods 3 $Included v $Alkalinity 81 Total Alkalinity 310 1 - 3 $10 $30 82 47 Appendix 1 VOCs 8260B Purge and Trap GC/MS 3 $ 75 $ 225 83 EDB, DBCP EPA 504 3 $ 40 $ 120 -- . x V �t ,, r ' / f f., !. .,., y.xri vl "t - .+ C fi tf 'J l 1 K yr P ' ,� R t ... 191 $573 10 L \ca\djm\Agreements\Babcock Laboratones Agreement.PS I 1 FY21 0033 doc.jn Table 5 Gas: * One probe snmpled quarterly Item No. Constituent Fixed Gases (CO2, 84 CH4, N2, 02) 85 VOCs Table 6 Test Method Method Description 3 (Modified) GC/PID TO-14 GC/MS *Estimated Quantity of (as Samples Collected Per Year 4 4 Unit Price $ 250 $ 276 $ 525 Extended Price (Qty x Unit Price) $ 1000 $ 1,100 2,100 Lysi►neterst Lysirneters hove historically been dry. Unit Price Extended Price (Qty x Unit Price) Item No Constituent Method (USEPA) Method Description *Estimated Liquid Samples Collected Per Year 86 j 1I SM 4500 II I-B Elect metric. 4 $ 7 $ 28 87 Total Dissolved Solids SM 2540 C Gravimetric 4 $ 10 $40 88 Chloride EPA 300,0 Ion Chromatwrphy 4 $ 8 $ 32 89 Sulfate EPA 300,0 Ion Chromatography_ 4 $ 8 $ 32 90 Nitrate (as NI EPA 300.0 Ton Chromatography 4 $ 8 $ 32 ,91 Bicarbonate 310.1 Titrimctric 4 $ Included w/ $ Alkalinity 92 Carbonate 310,1 Titrirnotrlc 4 $ Included w/ $Alkallnity 93 Chemical Oxygen t)omand 410.4 Colodmetric 4 $ 25 $ 100 94 .,_ BDB, DBCP EPA 504 4 $ 40 $ 160 95 Hydroxide SM 2330B Standard Methods 4 $ Included w/ $Alkalinity $ 60 96 Dissolved Carbon Dioxide Field 4 $ 15 97 Total Alkalinity SM 232013 - 4 $ 10 $ 40 98 Perchlorate EPA 314.0 4 $ 20 $ 80 Purge and trap $ 76 $300 99 47 A Iendix 1 VOCs 826013 GC/MS 4 rsa ��U �.._ ....• , ui . ", r ` f.i i " ` 7'' ii ' 10 r 7 ' ; i r r i 1nr�iolk;10,lj{ $ 226 $ 904 Grand Total Grand 'Total Total Sum Bid (Items 1 through 99) $ 3,919 $12,330 11 L:\ca\djm\Agreernents\Babcock Laboratories Agreement.PS-1 1.FY21-0033.doe jn EXHIBIT "C" 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 authonzed to waste compensation insurance in this State (b) By secunng 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 e ployer 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 BABCOCK LABORATORIES, INC. By 1 A n Macke e, ecutive VP of Regulato ' ffairs Date 12 L \ca\djm\Agreements\Babcock Laboratories Agreement.PS 1 1 FY21 0033 doc.jn