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HomeMy WebLinkAboutContracts & Agreements_151-2024AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR ENCAMPMENT ABATEMENT SERVICES This agreement for non-professional services for the provision of homeless encampment abatement and general clean-up services ("Agreement") is made and entered in this 3"1 day of September, 2024 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Hunter Consulting, Inc., a Nevada Corporation, dba HCI Environmental & Engineering Service ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1.1 ARTICLE 1 — ENGAGEMENT OF CONTRACTOR City hereby engages Contractor to perform homeless encampment abatement and general clean-up services for City (the "Services"). The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor 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 Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 1 I: 1cmo\Agreements\FIuntor Consulting, Inc. dba HCI Environmental & Engineering Service Encampment Abatement FY24-0004.docx-ms 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. 2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 -- RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services. 3.2 City designates Chris Boatman, Assistant City Manager, 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 Contractor 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 this reference. 4.2 The term of this Agreement shall be for a period of one (1) year commencing as of the Effective Date, unless terminated earlier as provided herein. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 Compensation: Total compensation for Contractor's performance of the Services shall not exceed the amount of Eighty Thousand Dollars ($80,000.00). City shall pay Contractor 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 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor'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. 2 LlcmolAgreements\Hunter Consulting, Inc. dba IICI Environmental. & Engineering service Encampment Abatement FY24-0004.docx-ms City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor'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.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 CONTRACTOR Gregory J. Parker, President Hunter Consulting Inc., dba HCI Environmental & Engineering Services 1680 Commerce Street Corona, CA 92880 gparker@hcienv.com Phone Number: 951-280-0298 ARTICLE 6—1NSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor 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 Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor 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. 3 I;IcmolAgreements\Hunter Consulting, Inc. dba HCI Environmental & Engineering Service Encampment Abatement FY24-0004.docx-ms 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 Contractor owned vehicles used in connection with Contractor'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. 6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and 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, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 -- CONFLICTS OF INTEREST 7.1 Contractor 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 Contractor's Services. Contractor 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 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: 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 Contractor must disclose its financial interests, Contractor 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. 4 I;IcmolAgreements\Hunter Consulting, Inc. dba HCI Environmental & Engineering Service Encampment Abatement FY24-0004.docx-ms 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 Contractor 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, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor 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. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor 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 Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor 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 Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Contractor 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 Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 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 5 I:lemolAgreements'Hunter Consulting, Inc. dba HCI Environmental & Engineering service Encampment Abatement FY24-0004.docx-ms amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 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 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 Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS By: Eddie Tejeda, Mayor ATTEST: nne Donaldson, City Clerk HUNTER CONSULTING, INC dba HCI ENVIRONMENTAL & ENGINEERING SERVICE By: Gregory J. Parker, President 6 1:\cmo\Agreements\Hunter Consulting, Inc. dba HCI Environmental & Engineering Service Encampment Abatement FY24-0004.docx-ins EXHIBIT "A" SCOPE OF SERVICES This Scope of Services are a general guide and is not intended to be an all-inclusive list of the work necessary for providing homeless encampment abatement and general clean-up services. Contractor shall provide all labor, tools, materials, protective clothing/gear, equipment, and expertise for site assessment documentation, clean-up, collecting, removal, and disposal services involving homeless encampment abatement, general clean-up services, and various illegal dump sites. Contractor shall employ and utilize personnel trained to identify and protect themselves and the environment from hazards encountered throughout the course of work in the homeless encampment abatement general cleanup and services. If requested by City, Contractor will devise a Site Health and Safety Plan for a job site. The Site Health and Safety Plan at a minimum should state the cause of the project or incident, hazards, required level of personal protection, evacuation routes and the address of the nearest hospital to ensure safety and awareness for Contractor and City employees. Clean-up duties shall include surveying sites, collecting debris, dismantling temporary structures, removal of trash, removal of human waste, and State -approved handling and removal of all material. Disposal shall be at a site permitted to accept such materials. Site locations may occasionally require confined space entry clean-up. Contractor may be required to remove and dispose of vegetation in order to gain access to encampment sites and raze trees and shrubbery to allow better visibility of sites post - encampment removal. Contractor shall photograph the encampment site before and after the clean-up to document the condition of the site. Contractor shall provide photographs of the clean-up to City electronically. Structure Demolition Services may require removal of wood frame or other building structures. It is assumed such structures will be of relatively simple construction using "cast off' materials. Contractor will consult with the City's Homeless Solutions Coordinator if more complex building types are involved, or if potential health threats such as asbestos may be present. Biohazard Handling The Contractor's project team for a designated job site will be knowledgeable regarding the completion of the Uniform Hazardous Waste Manifest and other relevant shipping documents (e.g., Bill of ladings, non -hazardous manifest, etc.) with appropriate Department of Transportation proper shipping names, signature requirements, United States Environmental Protection Agency identification numbers and waste codes, California Waste Codes, placard requirements and segregation of waste requirements for waste shipments. 7 I:1c"no\Agreements IHunter Consulting, Inc. dba I -ICI Environmental & Engineering Service Encampment Abatement FY24-0004.docx- ns Contractor will ensure that regulatory documents associated with hazardous waste services are accurate and error free. Manifest corrections and illegible manifests shall be the responsibility of Contractor and Contractor will be responsible for filing manifest corrections to the Department of Toxic Substances Control (DISC) and paying any fees associated with manifest errors and illegible manifests. 8 klcmolAgreements\I-Iuntcr Consulting, lnc. dba CICI Environmental & Engineering Service Encampment Abatement FY24-0004.docx-ms Bond No. TIC038168/1RI0082165 EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and Hunter Consulting Inc., dba HCI Environmental & Engineering Services (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to homeless encampment abatement and general clean-up services(the "Work"), which said agreement, dated September 3, 2024, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Eighty Thousand Dollars ($80,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on September 12 , 2024. SEAL) (Signature) opy0; IQzrker"' (SEAL) Argonaut Insurance Company (Sur (Signatureshley All-n, ,° tlorney-In Fact Address: P.O. Sox 469011 San Antonio, TX 78246 (Seal and Notarial Acknowledgment of Telephone ( ) Surety) 9 I: IcmolAgrcements\Hunter Consulting, Inc. dba HCI Environmental & Engineering Service Encampment Abatement FY24-0004.docx-ms ACKNOWLEDGMENT A notary public or other officer completing this :certificate verifies only the identity of the individual who signed the document to Which this certificate is attached, and not the truthfulness; accuracy, or validity of that document, State of California eR County of i tie 'ck- personally appeared G who preyed to me on .the basis of eft Mctory evidence to be the p t Will before me, C . Notary Public (W (insert name and title of the officer) Pofucuu sonwhose name fart subscribed tg the within instrument and acknowle ed o me filet sh th6y executed the same in h s� edthejlr authorized capacity(i }, and that by its/h6dthiirsignature( .}'on'the instrument the person ), or the entity upon behalf of which the person(pacted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing. paragraph is true and correct. WITNESS my: hand and official seal. Signature (Seal) C. WEST Notary public - California Riverside County ° Commission /1 2363387 My Comm. Expires Jul 1, 2025 ACKNOWLEDGMENT A notary public or other officer completing this -certificate verifies only the identity of the individual Who signed the document to which this certificate is attached; and not the truthfulness, accuracy, or validity of that document. State of California Colorado County of Arapahoe CSn September 12, 2024 before me, Sarah Brown Notary Public (insert name and title of the officer) personally appeared Mary AshioyAllen who proved to me on the basis of satisfactory evidence to be the peisorr(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) AMH BROWN NOTARY PUBLIC STATE OF COl.ORADO NOTARY ID 2005404371 E MY COMMISSION EVIR S DEC. Et, 2025 Argonaut Insurance Company Deliveries Only: 24 East Washington Street, Suite 950 Chicago, IL 60602 United States Postal Service: P.Q. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under;the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: ��4 Donald E. Appleby, Mark H. Sweigart. Todd D. Bengford, Sarah C. Brown, Jessica Jean Rini. :M•ary #shle? Allen Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named aover;Yo,make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and'dthg,rundertatcings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum $99,443,000,00 This Power of Attorney is granted and is signed and sealed under and by the authority of the follrjwing Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice I is.ident, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of fads(mile "signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named iti the. gived;power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings anecdtitracts of suretyship, and to affix the corporate seal thereto." .'i IN WITNESS WHEREOF, Argonaut Insurance Company has caused its -official. Teal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1st day of February, 2024. Argonaut Insurance Company '' SEAL by: r.' 1e4a 4- 're:11.fe • ; David E. Corry , President ',1,,, n�uu.r."�,' STATE OF TEXAS COUNTY OF NACOGDOCHES On this ! st day of February, 2024 AfD ,li forc):1e, a Notary Public of the State of Texas, in and for the County of Nacogdoches, duly commissioned and qualified, came THE ABOVE OFFPC.0_ OF'THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknoru)edged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the selitaffiXed to Ilie preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixeil;and suilscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the r.'7 Board. of Director's of said'Coinpany, referred to in the preceding instrument is now in force. 7i IN TESTIMONYWHI REOF,1 have hereunto set my hand, and affixed my Official Seal at the County of Nacogdoches, the day and year first above wriften. KATHLEEN M ME.EKS NOTARY mimic STATE OF TEXAS M' MY comm. EXP. 071151,25 NQTA RN' AD 557902-0 glAa n `iYt. (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the Foregoing is a full, true and correct copy is still in Full Force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 121h day of September 2024 Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. EXHIBIT "C" FEE SCHEDULE Description Price Site Clean -Up Labor and Equipment Hourly Rate Non -Prevailing Wage $165.00 p/hour Hourly Rate Prevailing Wage $218,00 p/hour Equipment Markup 35% Biohazard Technician Hourly Rate Non -Prevailing Wage $95.00 p/hour Hourly Rate Prevailing Wage $142,00 p/hour Equipment Mark-up 35% Biohazardous Materials Disposal Containment, transportation and disposal of biohazard material per 40-gallon containment unit $190.00 p/unit Equipment Mark-up 35% 10 l:IcinolAgreements\Hunter Consulting, Inc. dba I -ICI Environmental & Engineering Service Encampment Abatement FY24-0004.docx-ms 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 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. HUNTER CONSULTING, INC dba HCI ENVIRONMENTAL & ENGINEERING SERVICE By: Date: P. David Herrera, President 11 blemolAgmcmentsll-lunter Consulting, Inc. dba IICI Environmental & Engineering Service Encampment Abatement FY24-0004,docx-ms