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HomeMy WebLinkAboutContracts & Agreements_25-2025AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Recycled Water Distribution System Expansion Engineering Services ("Agreement") is made and entered in this 41i' day of February, 2025 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and N2W Engineering, 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 Recycled Water Distribution System Expansion Engineering 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, Municipal Utilities and Engineering Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent in accordance with the schedule set forth in Exhibit `B," titled "Project Schedule," which is attached hereto and incorporated herein by reference. 4.2 The term of this Agreement shall be for a period of eighteen (18) months 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 one (1) additional one-year term (an "Extended Term"), 1 I:\cmo\AgreementM2W_Engineering Inc EY25-0009.doex jm 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. 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 Total compensation for Consultant's performance of the Services shall not exceed the amount of three hundred thirty-two thousand five hundred dollars ($332,500). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled ("Cost Proposal") 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: Gregory Guillen, Principal Engineer N2W Engineering, Inc. 3420 El Camino Real, Suite 120 Irvine, CA 92602 greg.guillen@n2welig.com Phone: (909) 557-0852 2 BemoWgreements\MW_Engineering Inc FY25-0009.doex jm ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. 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 3 IL\emo\Agreements\N2W_Engineering Inc EY25-0009.docx-jm 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 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. 4 I:\cmo\Agreements\N2W_Engineering Inc FY25-0009.doex jm 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. 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 5 I:\cmo\Agreements\N2W_Engineering Inc FY25-0009.docx jm Iitigated 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 Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Y Mario Saucedo, Mayor ATTEST: a e Donaldson, City Clerk N2W ENGINEERING, INC. By: :�ZZAV-449 Gregory Guillen, Principal Engineer 6 I:IcmalAgreements\N2W_Engineering Inc FY25-0009.docx jm EXHIBIT "A" SCOPE OF SERVICES Phase 1: Alternative Analysis Consultant will review, evaluate, and expand the existing hydraulic models to determine the extents of the conversion and what work will be required to combine the non -potable and recycled water systems. Consultant is proposing to complete this evaluation in two phases. The first phase will evaluate the immediate needs of the system and determine if portions of the non -potable system could be converted in the near term by designing the connections identified in the request for proposals. Modeling will be conducted to validate the potential for these interconnections. If feasible and accepted bythe City, Consultant will complete the design of these interconnections per the scope of work described later in Phase 2. The second part Phase 1 will evaluate requirements to combine all portions of the non - potable and recycled water systems including long term needs for storage, pump stations, and pressure reducing facilities. Consultant will provide pros and cons of various alternatives and provide modeling as necessary. At a minimum Consultant will evaluate: • Converting the non -potable water storage/distribution system to recycled water • Converting a portion of this non -potable water storage/distribution system to recycled water • Regulatory agency compliance and customer cost analysis for Recycled Water conversions Consultant will also provide conceptual land acquisition requirements (if necessary) and construction cost estimates, including plumbing, pumping and control systems, and other associated temporary and permanent construction elements for each of the replacement construction alternatives. Task 1 includes an in -person project kickoff meeting, weekly remote progress meetings (24 assumed), and two in -person alternatives workshops. The deliverable for Task 1 is a detailed technical memorandum and supporting exhibits. At the conclusion of Task 1, the City staff and Consultant will select a preferred alternative. This evaluation shalt consider the following minimum items: • Water Facilities Condition/Seismic/Structural Assessment. Review the Brady & Associates assessment and conduct supplemental interior, exterior, and site condition assessments, as necessary, to support each alternative. • Hydraulics. Evaluate the hydraulic implications of various pipe configurations (e.g., control systems, pumping needs, piping schematics, etc.). • Water Quality. Identify implications of water quality on various pipe configurations and material types. This will be accomplished with a water age analysis which will be provided as part of the modeling effort. • Regulatory Constraints. Research and identify any regulatory constraints(e.g. SWRCB DDW, EPA, etc.) that may have implications for each project alternative. I:\cmo\Agreements\N2W_Engineering Lic FY25-0009.docxjm Research and identify necessary engineering and construction phase permitting and the level of CEQA evaluation and documentation necessary for each alternative. It is anticipated that a majority of the resulting project will fall within a Categorical Exemption through the requirements of CEQA. New facilities such as a booster station or a reservoir will require a more substantial permitting effort, and the preliminary details of the requirements will be provided to the City for review. • Stakeholder/Risk/SustainabilityAssessment. Evaluate potential technical, environmental, and operational risks, and propose mitigation strategies for each. Coordinate with key stakeholders (i.e., regulatory agencies, utility companies, etc.) to ensure regulatory compliance and smooth integration of the systems. Assess environmental sustainability, focusing on water conservation, energy efficiency, and long-term resource management. • Evaluate life cycle costs (as net present and annual worth) for alternatives under consideration. This shall include the initial capital investment as well. as anticipated maintenance and replacement costs. • Present results of the alternatives evaluation to Municipal Utilities & Engineering Department (MUED) staff for selection of a preferred alternative. A formal alternatives evaluation report is not necessary. Figures, photographs, and estimate tables accompanied by a meeting/presentation will suffice for this task. Assumptions: • Hydraulic model is up-to-date, calibrated and fully operational. • The City provides Consultant with the requested information in the time allocated in the provided schedule. • Historical water demands and customer information will be provided in a clear and concise Excel or GIS format. • Up to two site visits can be conducted with City operations staff to gather information and gauge the feasibility of conversions. Phase 2: Final Engineering Phase 2 will include survey, engineering studies, final engineering, and construction document preparation for the prioritized project design, which is assumed to be the four connections identified in the RFP for this project. As the preferred alternative and resulting project is not known at this time, it is impossible for Consultant to appropriately scope the ultimate design for all required facility improvements. However, our design team has the capability to design any projects which are yielded from this planning effort, and we will provide a revised scope of work and fee for the final selected project at the request of the City. T:\cmo\Agreements\N2W_Fngineering Inc FY25-0009.docx jm Site Survey and Basemap Preparation Consultant will perform a site survey within the project area for existing surface features, topography, and utilities as necessary for engineering. Utility data will be obtained by performing 811 utility locates and will likely require follow up with individual utility companies who fail to locate their lines. The City will provide existing shapefiles for water, sewer, and storm utilities to supplement field surveys. Consultant will perform the following as part of the site survey: • Field surveys as necessary to establish property boundaries and easements adjoining the project site. • Potholing of existing utilities where necessary to collect data for design (e.g., elevations at critical crossings or where potential for conflict exists, 4 potholes assumed). Survey the locations of exposed utilities. • Coordinate jet -tracing, as necessary, of any gravity utility lines that require tracing and surveythe marked locations. The actualjet-tracingwill be performed bythe City. • Establish local survey control within the project area and place survey control monuments as necessary along the project alignment. Monuments shall be a #5 set rebar at least four feet (4') deep with an aluminum cap. • Prepare an AutoCAD basemap of the project for use in subsequent planning, design, and plan preparation. Final Engineering Consultant will perform the final engineering for the four proposed connections identified in the RFP. Consultant has included two design phases as part of the proposed design schedule. The First design phase includes the four proposed system interconnections included in the RFP. This phase prioritizes completing the design of these interconnections before the end of the City's fiscal year. The second design phase includes a more substantial and prolonged design project resulting from the Final Alternatives Analysis and Technical Memorandum. General design durations were utilized for this phase as the final selected alternative and resulting design project are still unknown at this time. This schedule will be updated concurrently with the progress of the project. Consultant will provide engineering for site improvements, as necessary, within the project areas to include site grading, drainage, etc. Given the small scale of the project (less than 1 acre of additional impervious area created), it is anticipated that stormwater detention and permanent water quality BMPs are not required. Consultant will coordinate with dry utility companies (gas, power, communications, etc.) to relocate any existing utilities in conflict with the proposed improvements. The actual relocation designs will be performed by the utility owners and billed to the City. Consultant will coordinate engineering with outside agencies (i.e., SWRCB DDW, EPA, San Bernardino County Flood Control District, RWQCB, FEMA, etc.) to include permitting, design reviews, specification reviews, etc. Actual permitting fees will be paid by the City. I:\cmo\Agreements\N2W_F.nginecring Inc FY25-0009.doex jm Consultant will provide engineering and develop erosion control plans indicating erosion control minimums to be implemented by the contractors. A detailed SWPPP is outside of the scope of work and will be prepared by the contractors. Construction Documents Consultantwill prepare suitable -for -construction engineering drawings for the project to include, but not be limited to, the following: o Title Sheet o General Notes Sheet o Existing Conditions Sheet (with identification of available project access and staging areas) o Survey Control Sheet o Erosion Control Plan o Removal Plans o Pipe Plans (including plans and profiles) o Connection Piping Details o Control System Plans o Utility/Power Plans (as necessary) o Utility Relocation Plans o Site Grading and Drainage Plans o Detail Sheet (as necessary) o Site Restoration Plans o Additional plan sheets necessary to create a plan set suitable for bidding and construction Consultant will also provide the following as part of the design package: • Detailed specifications for project construction. • Plans and specifications which will be submitted to the City for review and comment at the 30%, 60%, 90%, and final design completion level. • Develop a bid form prepared in collaboration with the City and prepare a summary of quantities for the final design. • Prepare an engineer's opinion of probable cost at the 30%, 60%, 90%, and final design completion levels. Project Management and Meetings Consultant will prepare monthly invoices with cover letters summarizing work performed for the invoice period, supporting tabulation of hours by date and task for employees working on the project, and supporting expense reports and invoices for reimbursable expenses. 10 I:\cmo\Agreements\N2W_Engineering Inc FY25-0009.doex jm Consultant will attend monthly 90-minute project meetings (6 assumed) with the MUED staff to discuss project progress and any engineering issues that arise. Meetings may be performed remotely. Meeting agendas will be established in collaboration with MUED staff. Consultant will attend in -person design review meetings at the project kickoff, 30%, 60%, 90%, and final design completion levels. Meeting agendas will be established in collaboration with MUED staff. 1.1 C\emo\Agreements\N2W_Engineering hic FY25-0009.dou-jm EXHIBIT "B" PROJECT SCHEDULE Finish 1 Project Award Data and Information Request Kick-offMeeting I nitial Assessment and Priori tiza tion Preliminary Resea¢h and Field Work Prioritized Modeling Effort Alternatives Workshop Nl Long Term Assessment and Prioritization Land Acquisitions and Cost Estimates Regulatory and Permitting Evaluation Long Term Operation Modeling Effort Alternatives Workshop 62 Alternatives Analysis and Technical Memorandum City Review of Tech Memo Prioritited Project Design Preli mi nary Design Memo CityReview of Preliminary Design Memo Site Survey and Base Map Preparation UtilityResearch 60%Design Development 60%Design Review 60%Design Review Meeting 90%Design Development 90%Design Review 90%Design Review Meeting Final Design Development Final Plans and Specs Did Phase Construction Phase Prioritized Project Completion Secondary Project Design Secondary Design Mom City Review of Secondary Design Memo Follow -Up Surveying Eirort Utility Research 30%Design Development 30%Design Review 30% Design Review Meeting 60% Design Development 60%Design Review 60%Design Review Meeting 90%Design Development 90%Design Review _ 90% Design Review Meeting Final Design Development Final Plans and Specs Odays 15 days '.0 days 15 days ',,5 days 5days ',0 days _15 days 15 days IS days Mclays Odays :IS days ' 10 days 1165days ',.5 days ''.5 days 15 days 15 days 1,15 days ;10 days 0days 10 days 10 days 0days 5 days 0days 20 days 180 days ,0 days 170 days 10 days 10 days 10 days 15 days 40 days 10 days 0days 40 days 10 days '..Odays 20 days 10 days 0days 10 days '.0 days Mon 2/3/25 Mon 2/3/25 ;Fri 2/21/25 Mon 2110/25 .Mon 2/24/2S Mon 3/3/25 Fri 3/7/25 Mon 3110/2S !I Mon 3/10/25 Mon 3/10/25 !Mon 3131/25 :Fri 4/25/25 ', Mon 4128125 Mon 5/19/25 Mon 3/1D/25 Mon 3/10/25 ',Mon 3/17/25 Mon 3110/25 '., Mon 3110/25 Mon 3131/25 Mon 4121125 Fri 5/2/25 Mon 5/5/25 Mon 5/19/25 ';Fri 5/30/25 Mon 6/2/25 ,Fri 6/6/25 'Mon 6/9/25 IMon 7/7/25 ',Fri 10/24/25 Mon 6/2/25 Mon 6/2/25 Mon 6116125 '.. Mon 6/30/25 Mon 6130125 -Mon 7114/25 Mon 9/8/25 ',Fri 9/19/25 .Mon 9122/25 -. Mon 11/17/25 IFri 11/28/25 Mon 12/1125 IMon 12/29/25 ;Fri 1/9/26 Mon 1/12/26 Fri 1/23/26 Mon 2/3/25 'Fri 2/21125 Fri 2/21125 Fri 2/28/25 'Fri 2/28125 'Fri 3/7/25 Fri 3/7/25 Fri 3/28/25 LFri 3/28125 '.. Fri 3/28/25 Fri 4/25125 Fri 4/25/25 Fri 5/16/25 Fri 5/30125 'Fri 10/24/25 Fri 3/14/25 ,Fri 3/21125 IFri 3/28125 Fri 3/28/25 Fri 4/19/25 .Fri S/2/25 Fri 5/2/25 Fri 5/16/25 Fri 5/30/25 Fri 5/30/25 Fri 6/6/25 Fri 6/6/25 Fri 7/4/25 Fri 10/24/25 ;Fri 10/24/25 Fri 1123/26 Fri 6/13/25 Fri 6127125 Fri 7111125 Fri 7/18125 Fri 9/5/25 Fri 9/19125 IFri 9/19125 Fri 11/14/25 Fri 11/28/25 Fri 11/28/25 Fri 12/26/25 ''Fri 1/9/26 Fri 1/9/26 Fri 1/23126 IFri 1123126 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3g 39 40 41 42 43 44 45 46 12 I:\cmo\Agreements\N2W_Fngincering Inc FY25-0009.docx jm EXHIBIT "C" COST PROPOSAL o I oI I N �o p oa o 0 0 o p o o p n� r � N m N Q W O m N N vrvi N N d a !i .I ari m en m di w e» rn ni W w Fn w en W � w .» �» w en rn m N N n N N N N H O N N p a m Q bi tli en ea ep M N n �n .r� K ■ \ Y O N N • \ Y O � ' � O � O � N N N m p N a o 0 o p o p p o o p o 0 0 o p �r m a o ro _ m .. m o a � \ Y \ • Y \ \ \ • M Y l m rvwo O � � E is � � N Y \ Q Q� C m C6 N N M Y Y l n N (v ■ A k ■ i m- �i p e a Y E Y Y D W r c ~ n •i .. m 4 m ti m m C� �+ m n n n ry pw �j ryj nj n} M Ni m R 13 IAcmo\Agreements\N2W_Engineering Inc FY25-0009.docx jm 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 Agreem . (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. N2W ENGINEERING, INC. By: Gregory Guillen, Principal Engineer Date: -Z-1 Z(✓J 14 I:\cmo\Agreements\N2W_Engineering Inc FY25-0009.docxjnn