HomeMy WebLinkAboutContracts & Agreements_225-2024AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of Engineering and Design Services for Traffic Signal
Installation ("Agreement") is made and entered in this 17' day of December, 2024 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City") and AGA
Engineers, 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 Engineering and Design Services for Traffic
Signal Installation 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 this
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, MFmicipal 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
attached hereto and incorporated herein by reference.
4.2 Consultant shall complete the Services by March 31, 2026, unless the Services are
terminated earlier as provided for herein.
I:\cmo\Agmcments\AGA Engineers, Inc. (Traffic Signal Installation) Agreement FY24-0083,docx-ms
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 Compensation: Total compensation for Consultant's performance of the Services shall not
exceed the amount of One Hundred Fifteen Thousand Dollars ($115,000). 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.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Chalap K. Sadam, President
AGA Engineers, Inc.
211 Imperial Hwy, Ste 208
Fullerton, CA 92835
Chal,Lp@agaengincersine.com
Phone: (714) 992-4592
Fax: (714) 992-2883
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
I:AenioAAgreetnentsVAGA Engineers, I ic. (Trarf o Signal Installation) Agreement FY24-0083.doex-ms
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. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. 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.
E. 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.
3
I:\cme\Agreements\AGA Engineers, Inc. (Traffic Signal Installation) Agreement PY24-0083.docx-ms
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 performance of Consultant's Services. Consultant further covenants and represents that
in the performance of its duties herermder, 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 tinder 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 Cleric'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.
1 \cmo\Agreements\AGA fingineers, Inc. (Traffic Signal Installation) Agreement PY24-0083.doex-ms
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
docimients 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.
I \cmo\Agreements\AGA Engineers, Inc. (Traffic Signal Installation) Agreement FY24-0083.docx-ms
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 OF REDLANDS
:
BY
-a, Mayor
ATTEST:
JCarjA6 Donaldson, City Clerk
AGA ENGINEERS, INC.
ti
By:
Chal adam, President
6
IAcmo\Agreements\AGA Engineers, Inc_ (1-raflte Signal Installation) Agreement FY24-0083.docx-ms
EXHIBIT "A"
SCOPE OF SERVICES
Task 1 —Project Management
The Consultant shall oversee the work tasks to ensure timely delivery of all deliverables. The
Consultant shall keep the City's Project Manager informed of progress with regular monthly
meetings in person, via Zoom/Microsoft Teams, telephone and/or e-mail. For each of these
meetings, the Consultant shall distribute the agendas prior to the meetings and prepare meeting
minutes.
Several meetings are anticipated throughout the duration of the project. The first meeting shall be
a project kick-off meeting where the Consultant shall gather relevant roadway plans, street lighting
plans, utility plans, substructure, and right-of-way information. In addition, the Consultant shall
discuss the operational history of the intersection with City staff and discuss the project goals and
objectives. The Consultant shall outline the particulars and unique characteristics of the proposed
traffic signal design from both a technical and operational perspective and be prepared to answer
design and operational questions from the City. At this meeting, the Consultant shall identify roles
and responsibilities for each of the key members and shall discuss scope and schedule with City
staff before proceeding with the traffic signal plan design.
Subsequent meetings shall be held after each of the plan check submittals including the 60%
preliminary plans, the 90% plans and specifications submittal, and the 100% Plans and
Specifications submittal to discuss the City's review comments and how each will be addressed.
The Consultant shall conduct Quality Assurance/Quality Control (QA/QC) and review work
products prior to finalization and submittals
Task 2 — Agency and Utility Coordination
As part of this task, the Consultant shall prepare a base plan which shall be sent to the utility
companies and Southern California Edison (SCE) to verify the location of all existing utility lines.
Due to the long lead times in obtaining SCE drawings relative to new electrical service points, the
Consultant shall begin coordination with SCE at the onset of the project. The Consultant shall
coordinate a meeting with the SCE service planner during the field review and submit the
necessary Customer/Project Information Sheet, Design Option Letter, and any additional
documents required by SCE to begin the process of obtaining the necessary drawings. The purpose
of the initial field meeting with the SCE service planner is to obtain a preliminary understanding
of the necessary improvements required by SCE which will allow the Consultant to accurately
depict the proposed SCE improvements on the traffic signal plan, while waiting for the final SCE
drawing. A utility matrix shall be maintained by the Consultant documenting responses from the
utility companies, contact information, and any issues with conflicting utilities. All underground
and overhead utility lines shall be illustrated on the plans, based on responses from utility
companies and observations in the field.
7
I ernolAgreements\AGA Engineers, Inc. (Tiatiic Signal Installation) Agreement FY24-0081doex-ms
Before proceeding with the final traffic signal design plan, the Consultant shall conduct potholing
which will determine if any utility conflicts exist where the new traffic signal poles are being
proposed. As such, the Consultant shall utilize the services of a subconsultant to perform the
necessary potholing. A budget allocation for a total of eight (8) potholes shall be included in the
scope of work. As part of this task, the Consultant shall be present in the field with City signal
maintenance staff and subconsultant to spot the pole locations for potholing. The Consultant shall
be available to discuss and modify the locations of the potholes based on USA markings.
Task 3 — Preliminary Design/Engineering
Design Surve
A field review and topographic survey shall be conducted to prepare a base plan and properly
design the necessary curb ramps to meet current ADA requirements and path of travel to conform
to Caltrans Standard Plans and City regulations. The Consultant shall utilize the services of a
subconsultant to perform the necessary surveying and design of new curb ramps at the project
intersection. The subconsultant shall perform the following tasks:
1. Conduct research data collection and survey information.
2. Perform topographic surveys as necessary to design the intended improvements. The
subconsultant shall establish horizontal and vertical ground control necessary to produce a
1"=20' scale digital topographic map.
3. Establish existing and proposed controls including centerline, street geometries, and right-
of-way throughout the project limits. The survey and datum shall be tied into the horizontal
datum NAD83 (state plane coordinate system zone 6) and City benchmark vertical datum
NAVD88.
4. Prepare and provide a digital topographic map showing detailed survey at 1"=20' scale
using AutoCAD on 22" X 34" sheets. The map shall show all existing conditions, identify
all features including BCR, ECR, flowlines, centerlines, angle points, top of curb,
spandrels, pavement striping, utilities, structures, walls, trees and landscape, underground
and surface utilities, poles, hydrants, catch basins, signs, valves, manholes.
Field Review
In addition to the field review, the Consultant shall review any existing as -built plans for the
intersection including, but not limited to, street improvement plans, street lighting plans, signing
and striping plans, and landscaping plans. After having reviewed all the applicable City plans and
documentation, the Consultant shall conduct a thorough field review of the project intersection for
the specific purpose of gathering topographic data to properly identify all existing conditions at
the site.
The Consultant shall collect at a minimum all signs, roadway striping and markings, curb, gutter,
streetlights, existing structures, and any other objects within the public right-of-way that should be
I:AcmoAAgroemcntsAAGA Engineers, Inc. (Traffic Signal Installation) Agreement FY24-0083.docx-ms
noted on the design plan or will have an impact on the new traffic signal design. Potential electrical
service feed points shall also be identified during the field review.
Traffic Analysis
Under this task, the Consultant shall prepare the Traffic Analysis Report. This report shall detail
the methodology, findings, and recommendations/conclusions of the study. The following items
shall be completed and documented in the Traffic Analysis Report:
1. Traffic Signal Warrant Analysis per California Manual on Uniform Traffic Control (CA
MUTCD) Chapter 4C. Traffic Control Signal Needs Studies.
2. Conduct AM, Midday, and PM peak -hour manual turning movement counts for use in
preparation of traffic signal warrant analysis.
3. Turn pocket lengths, and lane geometries shall be determined based on the turning
movement counts collected.
4. Preliminary signal timing.
The Traffic Analysis Report shall be conducted early in the project, before the traffic signal design
commences.
Task 4 — Environmental Compliance
The Consultant shall obtain environmental clearance for the project. The Consultant shall complete
the CEQA process for this project. The Consultant shall evaluate which level of Environmental
Documentation is most appropriate and prepare the necessary environmental docrnments. Spice the
project is state funded only and not federally funded, it is anticipated that completion of the NEPA
Preliminary Environmental Study (PES) will not be required.
Task 5 — Plans, Specifications, and Estimates Preparation
The Consultant shall prepare a conceptual plan depicting the potential locations of new traffic
signal poles, curb ramps, and any potential right-of-way impacts. Based on a preliminary search
of available parcel maps from the San Bernardino County Assessor, it appears that there is
sufficient right-of-way for completion of all improvements. As such, it is not anticipated that the
project will require any Easement Documents for this project.
After review and concurrence of the conceptual plan, the Consultant and subconsrdtant shall
proceed with preparation of the 60% traffic signal plan, signing and striping plan, and curb ramp
design plans, showing all proposed improvements including poles, signal equipment, street
lighting, rmdergroruid conduits and wiring, and signing and striping modifications. The signing
and striping plans shall show the appropriate lane configurations and left turn pocket lengths based
on the results of the Traffic Analysis. The plans shall meet City requirements for required
construction notes, operational details, and formatting. All proposed operational and unique
I:\cmo\Agreements\AGA Engineers, Inc. (Traffic Signal Installation) Agreement rY24-0083.docx-ins
features shall be detailed in the construction notes or via special details. The plan shall be submitted
to the City for review and comment before being finalized. The Consultant shall meet with City
staff to describe the proposed changes and ensure that all design questions are answered. The
following plan sheets are anticipated in the design package:
1. Title Sheet
2. Traffic Signal Plan
3. Signing and Striping Plan
4. Curb Ramp Design Plan (includes design for two (2) new curb ramps on northeast and
southeast corners, as well as ten (10) feet of sidewalk along east side of Church Street just
south of San Bernardino Avenue)
After the City review, the Consultant shall revise the plans to address all City comments and shall
submit an updated 90% plans, specifications, and estimate package. The plan shall include the
controller cabinet, pull boxes, poles and mast arms, signs, crosswalks, pedestrian push buttons and
pedestrian signal faces, detection, striping, safety lighting, phase diagram, traffic signal
interconnect improvements, etc., all in conformance with current City, Caltrans, AASHTO,
County, and CA MUTCD standards.
The final 100% traffic signal/signing and striping/curb ramp design plan set, complete with
specifications and an Engineer's Estimate of Probable Construction Cost, shall be submitted to the
City for its approval after review of the City's comments on the 90% plan submittal. The design
plans shall be drawn on a City standard mylar plan sheet and shall be signed and stamped by the
Project Manager who is a registered California Civil and Traffic Engineer. The necessary sets of
plans, final specifications, and cost estimates will be submitted to the City in both hard copy and
electronic format. The signal AutoCAD files shall also be submitted in electronic format.
Task 6 — Traffic Signal Timing Sheet
There are certain signal timing parameters that must be compliant with the CA MUTCD. Such
signal timing parameters are the Flashing Don't Walk time, yellow time, bicycle timing/minimum
green time and start-up time after flash. Under this task, the Consultant shall prepare the local
traffic signal timing sheet for the new signalized intersection based on the improvements included
in the Signing & Striping and Traffic Signal Plan. This shall include calculations for minimum
yellow times based on the changes per the latest CA MUTCD. The CA MUTCD has a mandated
pedestrian walking speed of 3.5 feet per second, which shall be included as part of the local tinning
plan preparation.
Utilizing the latest radar speed survey data provided by the City, the Consultant shall determine
the yellow times calculated based on the new guidelines. Additionally, field measurements shall
be conducted to determine the required pedestrian clearance times. The Consultant shall also
provide vehicle extension and minimum green signal timing parameters. The timing sheet shall be
submitted to the City for review and approval.
Task 7 — Project Advertisement Services
10
I:\cmo\Agwotnents\AGA Engi=Vi, Inc. (Traffic Signal Installation) Agreement F V24-0083.docx-ms
The City will be responsible for advertising and awarding the construction contract for the
proposed improvements. Under this task, the Consultant shall assist the City in preparing the final
bid package and shall provide any required assistance during the advertising and bidding phases
of the project —including attending a pre -bid meeting if necessary, answering questions from
potential bidders, and preparing any necessary addendums. Answers to questions from potential
bidders shall be provided to the City for issuance to bidders. The Consultant shall not respond
directly to potential bidders.
Task 8 — Construction Support Services
During construction of the project, the Consultant shall review all submittals, shop drawings and
contract change orders as requested by the City. Additionally, at the City's request the Consultant
shall respond to written Requests for Information (RFI) from the Contractor within three working
days of receiving the RFI from the City. The Consultant shall coordinate with the City's Project
Manager regarding any RFI's from the Contractor. Communication shall be with the City and at
no time, shall the Consultant respond directly to the Contractor. While full-time inspection of all
construction components will be the responsibility of the City, the Consultant shall support the
City inspection staff during construction both over the phone and through on -site field
reviews/meetings as needed.
Task 9 — Prepare Record Drawings (As-Builts)
Upon the completion of construction and, based upon City -provided redlined plans from the City's
Project Manager and Contractor, the Consultant shall prepare final as -built drawings to be stamped
as "Project Record Drawings". Signed and stamped original Mylar record drawings with all as -
built conditions shown on the plans shall be provided to the City of Redlands, including electronic
files.
II
I.\cmo\Agreemcm.AAGA Engineer-, Inc. (Traf le Signal Installation) Agreement PY24-0083.doex-ms
EXHIBIT "B"
PROJECT SCHEDULE
Months from Notice to Proceed
Const.
Work Tasks Jan Feb Mar Apr May Jun Jul Period
1. Project Management
2. Agency and Utility Coordination
3. Preliminary Design/Engineering
4. Environmental Compliance
E
5. PS&E Preparation
I
6.Traffic Signal Timing Sheet
i =
I
7. Project Advertisement Services
8. Construction Support Services
t
9. Prepare Record Drawings (As-Builts)
I E
LEGEND = Task Meetings ,/\ Deliverables M City Review
12
LlcmolAgreements%AGA Engineers, Inc. (Traffic Signal Installation) Agreement FY24-0483.docx-ms
}§
%°
R/
/\
w
,ln,r,;,rr,!°;
R
•
`
�§
`
°
~
°
`
`
°
§
`
°)(
)\){{
;
;
�)�[^\
;
;
;
`[
!
;
;
/
;
§
�
\
\
/
\
\
\\\}\\}/\\�\
\
\I}
\}\,�
)
/
\
}
{\)//}{\§/]{
{
})}\
\/){
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 §l861).
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 becolrie 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.
1 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.
AGA ENGINEERS, INC.
L'C7
By: C rrw,�LL
Date: V
Chalap K. am, President
14
1-kmolAgreementslAGA Engineers, Inc. (Traffic signal Installation) Agreement FY24-0083-doex-ms