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
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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
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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
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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.
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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
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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
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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)
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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.
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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
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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
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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
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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
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