ATTACHMENT 6
CITY OF BURBANK CONTRACT AMENDMENT
SPORTS LIGHTING WITH RELATED SUPPLIES AND SERVICES
CONTRACT NO. 071619-MSL
The hereinafter mentioned documents that comprise Contract No. 071619-MSL, are hereby amended and supplemented as follows:
1. Amendment to Section 1.B of the Agreement. Section 1.B of the Agreement is amended and restated as follows:
Add 1.B.1:
The initial contract term between the City of Burbank and Musco Sports Lighting LLC ("Musco") shall be from the last date of execution of this Contract Amendment through August 23, 2021. By mutual written agreement between the City of Burbank and Musco, this Agreement may be renewed for up to two (2) additional consecutive 12-month periods. The City and Musco may elect to extend this Agreement for a third additional consecutive 12-month period if Sourcewell and Musco elect to extend their cooperative agreement for one (1) additional consecutive 12-month period beyond the current expiration date of August 27, 2023.
2. Amendment to Section 3.A of the Agreement. Section 3.A of the Agreement is amended and restated as follows:
Add to the last sentence, "Shipping shall be FOB: Destination."
3. Amendment to Section 3.B of the Agreement. Section 3.B of the Agreement is amended and restated as follows:
Add after the last sentence, "The City is not a tax-exempt entity, Musco to include on all invoicing the current sales tax rate, for applicable taxable items, in effect at the time of purchase (currently 10.25%).
4. Amendment to Section 6.C of the Agreement. Section 6.C of the Agreement is amended and restated as follows:
Add the following to the end of the Section;
Any project in excess of $25,000 will require a Faithful Performance Bond. The Performance Bond must be with a responsible Corporate Surety authorized to issue bonds in California on the bond forms provided by the City (Exhibit A), (or •form approved by the City Attorney) and subject to approval of the City Attorney.
The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract Price, including any change orders, and continued upon the faithful performance by Musco of all covenants, terms, conditions and stipulations in the manner specified therein, and that all materials used and workmanship employed in the performance of the Contract shall be free from defects, and that should any defects therein appear within a period of one (1) year from the date of acceptance by the City, Musco, at their own cost and expense, repair, replace and correct such defects to the satisfaction of the Project Manager within thirty (30) days after notice thereof by the City.
City of Burbank Amendment, Contract No. 071619 - MSL (cont.)
5. Amendment to Section 16 of the Agreement. Section 16 of the Agreement is amended and restated as follows:
Remove and replace with the following:
California law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Los Angeles County, California.
Amendment to Section 20 of the Agreement. Section 20 of the Agreement is amended and restated as follows:
Replace "Minnesota" with "California"
Workers' Compensation and Employer Liability
Replace each minimum limit of "$500,000" and replace with "$1,000,000" B. Certificates of Insurance
Replace "Sourcewell" with "City of Burbank"
Replace "202 12' Street Northeast, P.O. Box 219, Staples, MN 56479" with "275 E. Olive Avenue, Burbank, CA 91502, Attn: "Purchasing Division."
7. Amendment to Section 21 of the Agreement. Section 21 of the Agreement is amended and restated as follows:
Add Section C: PREVAILING WAGE:
Musco agrees to provide the Contractor State License Board (CSLB) License Number and Department of Industrial Relations (DIR) Registration Number for Musco, any of its subsidiaries and any subcontractor working on behalf of Musco. Such license(s) and registration(s) shall be in good standing for the life of this contract.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
City of Burbank Amendment, Contract No. 071619 - MSL (cont.)
CONTRACTOR'S LABOR AND WAGE RATES
A. There shall be paid each craft or type of worker employed by the Contractor or Subcontractor engaged in Work under this Contract not less than the applicable wage rate, including legal holiday and overtime rates, found and determined by the Director of the Department of Industrial Relations for the State of California, prior to the publication of the Notice to Bidders in accordance with the Standards set forth in Section 1773 of the California Labor Code.
Copies are available on the Internet at http://www.dir.ca.gov/DLSR/PWD. The Adobe Acrobat The Contractor shall comply with the provisions of Section 1775 of the Labor Code which, so far as material hereto, reads as follows: 'Except as otherwise provided by law, the contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or subcontractor."
The Contractor and each Subcontractor performing work, in conjunction with this Contract shall comply with the provisions of Section 1776 of the Labor Code of the State of California.
B. The prevailing wage rates specified by the State of California are minimum rates only, and the City will not consider any claims for additional compensation made by the Contractor or Subcontractor because of payment by the Contractor or Subcontractor of any wage rate in excess of the applicable rate contained in this Contract.
Should Premium Time Work and/or Time and Material Work not in the Work be required during the progression of this Project, it may be awarded in accordance with those rates or as agreed otherwise between City and Contractor.
C. Eight (8) hours labor constitutes a legal days' work for each worker employed in the execution of this Contract. The time of service of any worker employed in the execution of this Contract is limited and restricted to eight (8) hours during any one (1) calendar day, and forty (40) hours during any one (1) calendar week, except as hereinafter provided. The Contractor shall, as a penalty to the City of Burbank, forfeit Twenty-Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions hereof.
Notwithstanding the provisions of Sections 1810 to 1814 of the Labor Code of the State of California, and notwithstanding the foregoing stipulations inserted herein pursuant to the requirements of said Sections, work performed by employees of the Contractor or any
Subcontractor in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, in the execution of this Contract, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, at not less than one and one-half (1-1/2) times the basic rate of pay.
City of Burbank Amendment, Contract No. 071619 - MSL (cont.) D. The Contractor shall pay to workers needed to execute the Contract the per diem wages as defined in Labor Code Section 1773.9.
E. Only apprentices who are in training under apprenticeship standards and written apprentice agreements complying with Division 3, Chapter 4, Section 3070, et seq., of the Labor Code, are eligible to be employed in the performance of this Contract.
The term 'apprentice' as used in these Contract Documents means a person at least sixteen (16) years of age who has entered into a written agreement with an employer or their agent, an association of employers, or an organization of employees, or a joint committee representing both in conformity with the provisions of Division 3, Chapter 4, Section 3070, et seq., of the Labor Code.
Every apprentice employed in performance of this Contract shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed and shall be employed only at the work of the craft or trade to which they are indentured.
The Contractor or any Subcontractor performing any of the work under this Contract who employs journeymen or apprentices in any apprenticeable craft or trade and is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work to be constructed or performed under this Contract, to which fund or funds other Contractors in that area are contributing, shall contribute to the fund or funds in each craft or trade in which the Contractor or Subcontractor employees journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as other Contractors do, but where the trust fund administrators are unable to accept such funds, Contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.
The Contractor or Subcontractor may add the amount of such contribution in computing their Bid for the Contract. The Contractor shall be responsible for complying with Section 1777.5 of the Labor Code for all apprenticeable occupations.
The Contractor shall conform to all requirements of Sections 1777.5 and 1777.6 of the Labor Code.
F. For further requirements related to matters specifically mentioned above, reference is hereby made to Division 2, Part 7, Chapter 1 of the Labor Code, with which compliance is required and to which reference is hereby made for further particulars.
G. Pursuant to Section 7103.5 of the Public Contract Code: "in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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. Sec 15) or 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, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties." City of Burbank Amendment, Contract No. 071619 - MSL (cont.)
PAYROLL RECORDS
The Contractor shall comply with the requirements of Section 1776 of the Labor Code, of the State of California. Failure of the Contractor to comply with the Labor Code requirements to pay prevailing wages and to maintain certified payroll records may result in withholding from progress payments amounts for unpaid wages and penalties as authorized by the Labor Code.
Musco Sports Lighting LLC City of Burbank
Signeture
James M. Hansen
JULiANA DemeRs
Print Name Print Name
Secretary
Title
April 22, 2021 04/28/2021
Date Date
Approved as to Form
Office of the City Attorney
Signature
Print
•
Title
EXHIBIT A
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
That we, .. as "Principal," and as
"Surety," are held and firmly bound to the City of Burbank ("City") in the sum of Dollars ($. , lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these present.
The condition of the above obligation is such that, whereas said Principal has been awarded and is about to enter into the annexed Contract with the City of Burbank for the - in accordance with Contract No.
071619-MSL, and to which reference is hereby made for all particulars ("Contract"), under whịch the Principal is required to perform certain work ("Work") and is required by said City of Burbank to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Principal as Contractor under said Contract fails to perform all of the covenants, terms, conditions and stipulations of said Contract on its part to be done and performed at the times and in the manner specified therein, or if all materials used and workmanship employed in the performance of the Contract shall not be free from defects, or if any defects should appear therein within a period of one year from the date of acceptance by the City, and the said Principal and Contractor shall fail to repair, replace and correct such defects at his or its own cost and expense and to the satisfaction of the City Engineer within thirty (30) days after notice thereof by the City, said Surety will pay the City of Burbank the amount of all its loss, cost, expense, damages and liability on account of any and all of the foregoing, not exceeding, however, the sum set forth above, and in case suit is brought upon this bond said Surety shall also pay a reasonable attorney's fee to be fixed by the court.
The said Principal and Surety agree that any change, extension of time, alterations or additions to said Contract or Work or materials required thereunder shall not in any manner release either the Principal or the Surety from the obligations of this bond; and said Surety hereby waives notice of any such change, extension of time, alteration or additions to said Contract or performance required thereunder.
IN WITNESS WHEREOF, the Principal and the Surety have executed this instrument in duplicate this day of _ , 20
Surety Principal
By By_
Print Name/Title Print Name/Title
Address
Telephone Number
L
Fax Number
APPROVED AS TO FORM this _ day of -20
Office of the City Attorney
By: _
Name:
Title:
NOTARIAL CERTIFICATE OF PRINCIPAL AND ATTORNEY IN FACT AND SEAL OF SURETY MUST BE ATTACHED.