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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SAN LEANDRO AND
TESTING ENGINEERS
FOR
FARRELLY POOL REPLACEMENT
COSL PROJECT NO. 2018.3420
THIS AGREEMENT for consulting services is made by and between the City of San Leandro ("City") and Testing Engineers, Incorporated ("Consultant") (together sometimes referred to as the "Parties") as of StreMeR 30, 2019 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 312021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include "work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit D
1.6 City of San Leandro Living Wage Rates. This contract may be covered by the City of San Leandro Living Wage Ordinance (LWO). Bidder's attention is directed to the San Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 1 of 16 Leandro Municipal Code, Title 1, Chapter 6, Article 6. Successful Bidder must submit completed self-certification form and comply with the LWO if covered.
1.7 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 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 California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed THIRTY FOUR THOUSAND DOLLARS ($34,000), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 2 of 16 • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
• The Consultant's signature;
• Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
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2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and are included in the total compensation amount provided above. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilites such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractors) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
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4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 5 of 16 Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
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4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 7 of 16 satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Submittal of Proof of Insurance Coverage. All certificates of insurance and original endorsements effecting coverage required in this Section 4 must be electronically submitted through the City's online insurance document management program, PINS Advantage. Contractor shall comply with all requirements provided by City related to the PINS Advantage program.
4.6 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 8 of 16 however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section Z. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulations) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 9 of 16 Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 11 of 16 the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 12 of 16 understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant's economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the San Leandro City Clerk for the Form 700 and directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Mark Goralka ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Michael Parker, Marketing Director
Testing Engineers
2811 Teagarden Street
San Leandro, CA 94577
Phone: 510-835-3142
Email:
Any written notice to City shall be sent to:
Mark Goralka, Associate Engineer
Engineer and Transportation Department
835 East 14t Street
San Leandro, CA 94577
Email: [email protected]
With a copy to:
City of San Leandro
San Leandro, CA 94577
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 13 of 16 construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
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10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, C and D represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral, Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 15 of 16 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF SAN LEANDRO TESTING ENGINEERS
Midu Pale
Jeff Kay, City Manager Michael Parker, Marketing Director 1000013728
Attest:
Consultant's DIR Registration Number
(if applicable)
Approved as to Fiscal Authority:
for David Baum, Finance Director
210-62-123-5240
Account Number
Approved as to Form:
Richard D. Pio Roda, City Attorney
Per Section 10.7:
X Form 700 Not Required
• Form 700 Required
Keith Cooke, Engiheer and Transportation Director
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Page 16 of 16 Project Description
The project is located at 864 Dutton Avenue in San Leandro, California on the existing campus of Roosevelt Elementary School. The construction project will consist of the following. • A new 75' by 62 pool with depth varying from 2.5 to 6.5 feet and constructed of shotcrete construction shot against vertical cuts.
• A new approx. 2,500 sf CMU pool building with concrete slab and truss roof. • Structural steel roof canopy and solar panel / shade structure New shade sails, fencing, and flatwork.
• Installation of new utility services along Gill lane for City storm drain, EMBUD water, and PG&E electrical and gas lines.
• Stormwater treatment and management using bioswales and subsurface CUDO cube detention cells
Scope:
The scope of services covered under this agreement consists of providing materials testing and special inspection services during construction for installation of mu block, concrete, shotcrete, structural steel, and miscellaneous structural anchorages. Inspections shall be as required by the plans or specifications or the COSL building permit inspection schedule included below. Services shall be on an as-needed basis; City shall provide 48 hours minimum advance notice of needed services.
Deliverables:
• Provide a daily inspection report within 48 hours whenever work is completed onsite. • Provide individual test results
• Send notification and alert City of any test or inspection failures. • Provide a final project affidavit for building permit approval.
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit B - Page 2 of 3 Building Permit B19-0925 Inspection and Testing Schedule:
Special Inspection and Testing Schedule
STRUCTURAL STEEL/WELDING: Section 1705.2
REINFORCED CONCRETE, GUNITE, GROUT AND MORTAR:
Sample and Test (list specific members below)
Concrete Gunite Grout Mortar
x Shop Material Identification
Aggregate Tests
x Welding Inspection * Shop ix Field
Reinforcing Tests
Mix Designs Ultrasonic Inspection • Shop •U Field
xx Reinforcing Placement x High-strength Bolting
Batch Plant Inspection Inspection Ix Shop X Field
Inspect Placing IX A325 L A490 XN BF
Cast Samples Metal Deck Welding Inspection
x Pick-up Samples Reinforcing Steel Welding Inspection
X X Compression Tests
Metal Stud Welding Inspection
Piles Post-Tens Pre-Tens Cladding Concrete Insert Welding Inspection Aggregate Tests
FIREPROOFING: Section 1705:13
Reinforcing Tests
Placement Inspection
Tendon Tests
Mix Designs Density Tests
Reinforcing Placement Thickness Tests
Insert Placement Inspect Batching
Concrete Batching
INSULATING CONCRETE: Section1705.3
Concrete Placement
Installation Inspection Acceptance Tests
Placement Inspection
Cast Samples
Pick-up Samples Unit Weights
Compression Tests FILL MATERIAL: Section 1912
MASONRY: Section 1705.4 Acceptance Tests
Placement Inspection
x Special Inspection Stresses Used
Field Density
x Preliminary Acceptance Tests (Masonry Units, Wall Prisms) X Subscquent Tests (Mortar, Grout, Field Wall Prisms) STRUCTURAL WOOD: Scction 1705.11.1 X Placement Inspection of Units Shearwall Nailing Inspection Inspection of Glu-lam Fab.
ADDITIONAL INSTRUCTIONS OR OTHER TESTS AND Inspection of Truss Joist Fab.
Sample and Test Components
NSPECTIONS: SEE S1.1 FOR ADDITIONAL INSPECTION AND TESTIN
EQUIREMENTS
Form completed by: JOHN WESTPHAL Title: _SEOR
Telephone Number: 510-208-3300
Jlkc Date: 05-17-19
Signature:
Project Name: Farrelly Pool Replacement Permit No. B19-0925 Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit B - Page 3 of 3
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Compensation for Professional Services
Work will be paid on a Time and Materials basis per the attached Hourly Rate and Reimbursable schedule. The estimated budget for this project is as follows:
Concrete (pool floor, foundation, misc, slabs / piers) $ 9,500 Structural Steel $ 8,400
Shotcrete $ 6,000
CMU (Block, placement, and grouting) $ 6,000
Epoxy anchors and concrete bolts 900
Allowance for Misc. Testing, Re-tests $ 2,900
Final Affidavit $ 300
Total: $34,000
Hourly Rate Schedule:
Additional work shall be performed on a time and materials basis per the rate schedule below. (Note: Testing Engineers will provide a 10% discount for a local project and preferred client discount.)
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit B - Page 1 of 3 General Authorization/Fee Schedule for Field
TESTING ENGINEERS, INC & Laboratory Services
2018 - 2019 SCHEDULE OF FEES AND CHARGES
Compression Test, 2x2x2 Cubes... .. 50.00
PROFESSIONAL SERVICES
Modulus of Elasticity 6 x 12 ASTM C469 380.00
Per Hour
Light Weight Insulating Concrete:
Principal Engineer $ 300.00 3" x 6" Cylinders ASTM C-495 - 50.00
Consulting Engineer 175.00
Compression Test, Including Mold 41.00
Metallurgical Engineer , 150.00
Unit Weight Test, Including Mold 80.00
Staff Engineer. 130.00
Project Manager. ..120.00 MASONRY LABORATORY
Materials Science/Construction Specialist. 125.00 Each
Laboratory Technician ..108.00 Compression Test
Clerical/Administrative Assistant. -.70.00 Mortar 2x4 Cylinder $ 42.00
Block ASTM C140 80.00
FIELD SERVICES
Grout Specimen, 4x4x8... .. 42.00
Composite Grouted Prism 175.00
Special In spection - Concrete, Welding, Masonry.... $ 116.00 Cores (Face Shell Shear or Comp.). 85.00
Anchors, Proof Load, Shotcrete, Reinforcing Steel, etc. Absorption, Moisture and Content ASTM C140 110.00 Soils - Compaction, Sampling, Asphaltic Concrete, etc. 116.00 Unit Weight 55.00
Coring - One man w/ Equip
Linear Shrinkage - ASTM C426 *OOR
Portable Digital Reinforcing Scanner
Tensile Test - CMA Method... *QOR
Surface Penetrating Radar Non Standard Block (All Tests) *POR
EQUIPMENT CHARGES
METALLURGICAL SERVICES
(Add to Hourly Base Labor Rates)
Each
Nuclear Density Probe $ 17.00 Reinforcing Steel: ASTM A-615 & A- 706 Tensile Test #3 - #8 bars $ 60.00
Magnetic Particle, & Dye Penetrant. 15.00
Tensile Test #9 - #11 bars 90.00
Proof-Load Equipment & Ultrasonic Equipment. .15.00
Tensile Test #14 bar 300.00
Windsor Probe, Schmidt Hammer& Elcometer 15.00
Torque Wrench & Bolt Tension Calibrator for HSB 15.00 Structural Steel (not including machining) a. Tensile Tests
CONCRETE LABORATORY - Specimens up to 1 sqin. 55.00
Each - Specimens up to 1½ sq.in. 95.00
Compression Test, 6x12 Cylinder ASTM C39. $ 42.00 - Specimens over 1½ sq.in. 200.00 Cylinders Stored and Cured (Hold Cylinders 28 days) 42.00 b. Bend Test 45.00 Cylinder Molds ..3.00 c. Weldment Testing (not including machining):
Flexural Test, 6x6x8. ASTM C78 140.00 Tensile Test, Reduced Section 65.00 Splitting Tensile, 6x12 Cylinder ASTM C496 65.00 Bend Test - side, face, root 45.00 Unit Weight of Concrete Cylinder ASTM C567 40.00 Macroetch Test 75.00 Shrinkage ASTM C-157 Mod Set of 3 380.00 Charpy Impact Test 40.00 Review of Mix Design 300.00
Trial Batches, (Prepared in lab, ex cld cyl testing) 600.00 tems a, b and c may require machining or exten si reparation. Prices will be quoted on reque:
Cylinder Pick-up, Zone 1, 0-40 Miles. 99.00
Compression of Cores., ASTM C42 85.00 NDT FIELD TESTING SERVICES Production of Shotcrete Panels,
Per Hour
4 Cores & Compression ..385.00
A. NDT Services VT, MT, PT $ 131.00
Coring of Pre-Construction Shotcrete Panel, Ultrasonic Testing (UT) ..900.00 ..131.00
Compression & Evaluation (per nozzlem an)
SOILS LABORATORY
Plasticity Index ASTM D-4318 $200.00
Compaction Curves. ..ASTM D-1557:
4" 275.00
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit B - Page 2 of 3 General Authorization/Fee Schedule for Field
TESTING ENGINEERS, INC & Laboratory Services
FEES BEECTIVE JuP 1 2019 THROUGH Joe 30, 2020
6" 300.00 Unit Weight on Cores (SSD)
Calif 216 300.00 ASTM D-2726 35.00
"R" (Resistance) Value (Min. 3 Pts.) Calif. 301 Unit Weight (Paraffin Coated), Includes Untreated Soils. 325.00 ASTM D-1188, Calif. 308A 40.00 Includes Lime, Cement or Other Additives 300.00 Thickness of Asphalt Cores California Bearing Ratio, Per Point ASTM D-1883 200.00 ASTM D-3549 12.00 Unit Weight, Including Lab Compaction of
Moisture Content Determination ASTM D-2216 .25.00 Specimen Calif. 304 & 308C 70.00 Soil Classification, ASTM D-2487 .350.00 Wet Track Abrasion Tests. D-3910 80.00 (Includes Sieve Analysis and Plasticity In dex)
AGGREGATES LABORATORY FIREPROOFING
Each
Sieve Analysis: ASTM C-136, Calif. 202 Unit Weight ASTM E-605 $ 75.00 Coarse $ 90.00 Adhesion-Cohesion 75.00
Fine 105.00
Combined 170.00 FINAL REPORT/Affidavits
Specific Gravity, (Includes Absorption) Principal Engineer, Per Hour $ 300.00 Coarse, ASTM C-127 140.00
Fine, ASTM C-128 140.00 MISCELLANEOUS
Cleanness Value (1" Maximum) Calif. 227 185.00
Sand Equivalent Calif. 217 120.00 Storage Charge Per Week $30.00 Durability Index... . Calif. 229 Laboratory Test Fees Subject to a Minimum 200.00 Coarse 160.00 Trip Charge/Local 25.00
Fine 160.00
Combined 275.00 FOR A COMPLETE LISTING OF SERVICES
Crushed Particles, Coarse or Fine Calif. 205 130.00 PLEASE CONTACT OUR OFFICE.
Sodium or Magnesium Sulfate Soundness
does not Include Sample Preparation or
Sieve Analysis - Per Size Fraction (5 Cycles)
ASTM C-88, Calif. 214 150.00
Los Angeles Rattler ASTM C-131, Calif. 211 230.00
Los Angeles Rattler ASTM C-535 310.00
Unit Weight of Aggregate ASTM C-29 . 80.00
Organic Impurities .......ASTM C-40 100.00
Flat and Elongated Particles, Per Size
Fraction..... ASTM D-4791 120.00
ASPHALTIC CONCRETE LABORATORY
Stability Tests, Premixed per Sample Hveem (Per Specimens) Calif. 366, D-1560 80.00
Marshall: ASTM D-6926 / D-6927
3 Specimens, Includes Unit Weights 270.00
1 Specimen, Includes Unit Weight 100.00
Bitumen Content, Ignition Oven 190.00
Gradation on Extracted Sample ASTM D5444 165.00
Asphalt Stripping ASTM D-1664, Calif. 302 150.00
Maximum Theoretical Unit Weight (Rice Gravity)
ASTM D-2041 150.00
Unit Weight (on Hveem Sample)
Calif. 308C 12.00
Unit Weight on Core. Calif. 308C 24.00
Pag: 2 082
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit B - Page 3 of 3
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant's work under this Agreement B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant's services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault.
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit C - Page 1 of 1
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit D - Page 1 of 3 prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records.
3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit D - Page 2 of 3 Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 3008145.1
Consulting Services Agreement between City of San Leandro and July 18, 2019 Testing Engineers for Farrelly Pool Replacement Exhibit D - Page 3 of 3