Version: January 2021
AGREEMENT —AMENDMENT NO. 1 TO
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF SALINAS AND BEAR ELECTRICAL SOLUTIONS (BES)
This Amendment No. 1 to the Agreement For Services Between The City Of Salinas and Bear Electrical Solutions (BES) (the “Amendment”) is entered into this ___ day of ________ 2021, by and between the City of Salinas (the “City”) and Bear Electrical Solutions (the “Contractor). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Traffic Signal Maintenance, Repair and Support effective December 19, 2018, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and
WHEREAS, the City and Contractor desire to amend the Agreement to incorporate the applicable labor law requirements.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. These provisions of the Agreement are amended and restated in their entirety to the following:
Section 3 Term. The term of this Agreement shall begin on the Effective Date and shall continue through December 31, 2023. The Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.
Section 4 Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a not to exceed amount of $570,000 per year. Other than the increase of the $300,000 annual not to exceed amount from the original Agreement, the terms of Contractor’s compensation schedule (Attachment B), remain in full force and effect. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
Section 15 Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations including, without limitation, those outlined in Attachment E, which is hereby incorporated by reference. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
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2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and in effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Steve Carrigan, City Manager
APPROVED AS TO FORM:
___________________________________
පŚƌŝƐĂůůŝŚĂŶ͕ŝƚLJƚƚŽƌŶĞLJ
පRhonda Combs, Assistant City Attorney
BEAR ELECTRICAL SOLUTIONS, INC.
____________________________________
Printed name: ________________________
Title: ________________________________
Robert Asuncion
Vice President
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Attachment E
DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)
This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.
Penalties for violations may be applied by the DIR pursuant to the Labor Code § 1813 and § 1815. The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties , or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code § 1720, and hereby agrees to , § § 1771-1774; to employ apprentices pursuant to Labor Code § 1777.5 et seq., and/or to comply with the other appli cable provisions of Labor Code § 1720 et seq., §§ 1771-1774, § 1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.
The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:
1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code § 1775), including the rates for holidays and overtime work (Labor Code § § 1813 and 1815), to all workers employed in the execution of the contract (Labor Code § 1774), pursuant to Labor Code §§ 1720-1784. The prevailing rates are those issued as wage determinations by the D IR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.
Copies of the prevailing rate of per diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.
2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work. Additionally, all contractors are required to request registered apprentices (DAS 142 form).
Penalties for failure to pay prevailing wages (for non -exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code § § 1775 and 1777.7.
3. Certified Payroll Records : All contractors, including subcontractors, must maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database
(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.
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4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.
5. Proper Licensing/Registration: All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors includ ing subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are r equired to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.
6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at: http://www.dir.ca.gov/wpnodb.html.
7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”) :
Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.
8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.
9. Acceptance of Fees Prohibite d: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code § § 1779 and 1780.
10. Unfair Competition Prohibited : Contractors and s ubcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code § §17200 - 17208.
11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §18 61. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.
12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.
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