Attachment H
Atty. Rev. 2021
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on August 5, 2025, by and between JAS Pacific, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
1. Whereas, the City seeks to enhance customer service, expedite development review, and provide additional resources to in -house staff through contracting for various elements of the development review process (the “Project”); and
2. Whereas, the Contractor has the experience, skills, resources, and the necessary professional licenses and certifications to qualify as Contractor to perform the needed services, and is willing to provide those services on mutually agreeable terms.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is three (3) years, beginning on the date first written above. This contract may be extended for up to two (2) periods of one (1) year each by mutual consent of the parties. T his contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing environmental services. More specifically, Contractor agrees to perform the specific serv ices listed in Exhibit “A,” consistent with the proposal attached in Exhibit “E.”
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”
2.06. Exhibits. Exhibits “A,” “B,” “C ,” “D,” and “E” are attached and incorporated.
Attachment H
Atty. Rev. 2021
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services u nder this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole disc retion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Timelines. For services related to Planning review of Accessory Dwelling Units as well as all building plan reviews, encompassing reviews for building, civil engineering, utilities, fire, and Recreation and Parks, Contractor shall complete reviews and provide comprehensive comments for the applicant not later than two (2) calendar weeks following the City’s iss uance of the subject application to the Contractor. For projects identified by the City as “expedited,” Contractor shall complete reviews and provide comprehensive comments not later than one (1) calendar week following the City’s provision of the application to the Contractor.
3.03. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.04. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City.
Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.05. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs including, but not limi ted to , reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract.
The provisions of this Section are not limited by the provisions of the Section relating to insurance.
3.06. Conflict of Interest. Contractor will comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Contractor who will be working on behalf of the City pursuant to this Agreement, may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Contractor to notify that City of any staff changes relating to this Agreement.
Attachment H
Atty. Rev. 2021
A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Contractor unless as indicated in Subsection B, will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Contractor, except as indicated in Subsection B.
______________
Initials
B. In accomplishing the scope of services of this Agreement, Contractor will be performing a specialized or general service for the City, and there is substantial likelihood that the Contractor’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the foll owing Contractor shall be subject to Disclosure Category “1” of the City’s Conflict of Interest Code.
______________
Initials
3. Miscellaneous
4.01. Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged between a designated representative of the C ity and a representative of Contractor, listed below . All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
City of Santa Maria JAS Pacific
Community Development Department Attn: Ian Livingston
Attn: Community Development Admin. 843 7th Street, Suite E 110 S. Pine Street, Room 101 Paso Robles, CA 93446
Santa Maria, CA 93458
If the designated Representative or address of either party changes d uring the term of this agreement, a written notice shall be given to the other p arty prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage p repaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws including, but not limited to , the rules an d policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the Attachment H
Atty. Rev. 2021
parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must b e in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes o ver the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business l icense and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. If applicable, Contractor and all sub contractors are required to pay the general prevailing wage rates of per diem w ages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referr ed to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Contractor agrees to comply with the prevailing wage requirements in Exhibit D when applicable.
Attachment H
Atty. Rev. 2021
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
CONTRACTOR CITY OF SANTA MARIA
________________________ _________________________
By: By: Chenin Dow, Director of Community Development
APPROVED AS TO FORM:
__________________________
City Attorney
Attachment H
Atty. Rev. 2021
EXHIBIT “A”
SERVICES TO BE PEFORMED
I. A. Building Plan Check Services
Provide highly qualified plan check professionals to provide accurate and timely plan check services with sufficient staffing to meet the City's needs. Provide first- rate customer service in performing the following services:
Plan checks shall be performed for structur al, architectural, plumbing, electrical, mechanical, accessibility, onsite grading, landscaping and trees, energy and green building compliance. Plan review for buildings and structures submitted to the City by individuals, developers or other applicable government agencies, including the City of Santa Maria, will be checked according to the latest edition of the California Building Codes (building codes), City of Santa Maria amendments, other applicable codes, as well as the project conditions of approval.
Review and approve building/structural revisions to plans as required during construction.
All cha nges/corrections must be clearly and accurately identified, documented, and addressed prior to approval.
Plan check services must also have a process in p lace that ensures consistent and efficient communication between City staff, including the plan check staff, and the applicant to avoid delays.
Approved plans must be stamped and signed as approved once they meet all requirements.
Services shall also inc lude provisions to review the plans electronically.
The plans will be available within the Central Sq uare permitting software.
Blue Beam software will be required in order to review, mark, and approve the plans. Adobe Pro software may also be required. ICC- and CASp - certified plans examiners, architects, and structural engineers are highly desired.
Provide comments within two calendar weeks of receipt of plans. Provide an “expedited” review track to allow for provision of comments in no more than five busi ness days for items requiring a faster turnaround time than the two -week standard. The City will det ermine which projects qualify for expediting.
Services are anticipated to be provided remotely.
Attachment H
Atty. Rev. 2021
B. Civil Engineering Review Services
Provide technical eng ineering services to support the review of private development applications and ensure conformance with City standards, policies, and applicable regulations.
Review of tentative subdivision maps, parcel maps, lot line adjustments, and related entitlement applications for civil engineering compliance. Evaluation of site development plans, including gradin g, drainage, erosion control, utility infrastructure, streets, sidewalks, and parking layout. Assessment of traffic circulation, access design, and America ns with Disabilities Act (ADA) compliance for pedestrian and vehicular facilities. Verification of consistency with City standards, improvement plans, master plans (water, sewer, storm drain, transportation), and stormwater quality management requirements.
Preparation of conditions of approval for engineering -related aspects of development projects.
Review of technical studies submitted in support of development applications, including drainage reports, traffic impact studies, and hydrology/hydraulic analyses.
Review of conceptual and final public improvement plans, including streets, stormwater facilities, utilities, and grading. Coordination with City departments to resolve conflicts, clarify design expectations, and ensure cross-discipline consistency.
Preparation of plan review comment letters and provision of technical guidance to applicants during the plan review process.
Attendance at meetings with applicants, consultants, or other City departments, as requested.
Field review or site visits, as necessa ry, to support plan review or project conditions.
Services are anticipated to be primarily provided remotely; however, occasional on-site support may be requested.
Review of Accessory Dwelling Unit (ADU) development applications for compliance with Utiliti es Department Cross -Connection Control regulations.
Attachment H
Atty. Rev. 2021
C. Utilities Review Services
Review private development applications to evaluate the adequacy and design of utility infrastructure improvements, including but not limited to water, wastewater, and stormwater systems.
Review of building plans for conformance with City standards, specifications, and applicable codes.
Assessment of water, sewer, and storm drain capacity to serve proposed developments.
Verification of the consistency of proposed utility lay outs with City General Plan, Utility Capacity Study, and Capital Improvement Programs. Evaluation of hydraulic modeling reports, flow analyses, and system calculations to ensure infrastructure adequacy.
Preparation of utility -related conditions of approval for development entitlements and permits.
Coordination with City Public Works and Utilities Department staff to resolve discrepancies or required revisions.
Review of utility easements, dedications, and right-of-way needs. Participation in technical meeti ngs with applicants, engineers, and City staff, as necessary, to facilitate project review and approval. Field inspections and verification of as -built utilities may be requested on an as-needed basis.
Services are anticipated to be primarily performed rem otely but may require occasional in-person meetings or site visits at the City's request.
D. Recreation and Parks Review Services
Review of various private development applications for compliance with Recreation and Parks Department regulations, including , but not limited to, landscape architecture and Urban Forestry (arborist).
E. Fire Department Review Services
Review of various private development applications for compliance with Fire Department regulations in accordance with the current adopted California Fire Code, and the current adopted Santa Maria Municipal Code.
Attachment H
Atty. Rev. 2021
II. Building Inspection Services
Provide ICC-certified building inspectors who are qualified to perform on -site inspection services to ensure compliance with approved plans and project conditions of approval, enforce all provisions of the California Building Code, and provide assistance to City staff, including but not limited to the following:
Review construction plans and specifications; perform field inspections of building construction, plumbing, mechanical and electrical installations in residential, commercial, and industrial buildings to ensure compliance with local, state and federal building codes and regulations. Coordinate the on -site inspection of commercial and residential construction, alteration, and demolition in accordance with all applicable building codes, project conditi ons of approval, etc., Monday through Friday. (The Community Development Department currently follows a 9/80 schedule with a unified Friday off, and a limi ted number of employees work a standard 5/40 schedule. The City will entertain both of these options.)
Provide technical information, including interpretation of building plans and specifications as well as interpretation of code requirements relative to building construction, to contractors, property owners, and the public as needed.
Availability of 24-hour emergency off-hours services. In the event of a catastrophe, provide inspections to assist the City with building safety assessments and provide emerg ency plan check and inspection services.
Ability to enforce a variety of applicable local and state building codes and ordinances pertaining to zoning, land use, nuisances, housing, health and safety, and other matters of public concern.
Ability to serve as a resource and provide information on City regulations to property owners, residents, businesses, the general public, and other City departments.
Ability to issue, track, and final building, electrical, plumbing, mechanical, and other types of required permits.
Knowledge of modern office procedures and equipment, including computers and supporting word processing and spreadsheet applications. Possession of a State of California Class C driver's license. The selected firm(s) must also be able to provi de coverage if the regularly assigned building inspector is absent due to illness, vacation, etc.
Attachment H
Atty. Rev. 2021
III. Permit Technician Services
Calculate fees and issue building, plumbing, mechanical, electrical, sewer, demolition, as well as permits combining the aforementioned. Use permitting and plan check software to issue and route plans. Assist the public on the phone and via e -mail as needed regarding questions or processing permits and questions on local, state and federal regulations, planning and engineering c odes, ordinances, documents, standards and guidelines.
Services are anticipated to be provided remotely.
IV. Planning Review Services
General Planning services including but not limited to: general planning -related development and land use project review, site visits, technical plan check for planning documents and plans, map review, conformance with Federal, State and local regulations, particularly the California Environmental Quality Act (CEQA), and general compliance with City Standards, Ordinances, and Regulations.
All services provided by the Consultant shall be performed by individuals who meet the qua lifications, education, and certifications/licensing requirements for the professional planning levels of Assistant to Senior Planner.
Services include, but are not limited to, the following:
Analyze projects for compliance with the City’s General Plan, zoning ordinance, Subdivision Map Act, Design Guidelines, applicable specific plans and other policies.
Review and process ministerial applications and dis cretionary entitlements, such as: plan checks, zoning clearances, sign permits, use permits, variance s, design review, tentative maps, and general plan and zoning amendments.
Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
Meets with developers, engineers, property owners, contractors and other individuals to discuss, advise, explain processes and suggest improvements regarding potential projects, pre -applications, development applications, feasibility analysis, conceptual development plans and code interpretation.
Attachment H
Atty. Rev. 2021
Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations.
Attend public hearings and community meetings as necessary. Analyze projects for CEQA compliance.
Ability to review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects).
Provide strong emphasis o n the management of multiple projects and competing priorities while maintaining quality, meeting sch edules and staying within budget.
Develops and maintains good working relationships with City staff, other jurisdictions, and the public.
Answer public inq uiries by telephone or e -mail regarding property zoning and/or General Plan land uses, application submittal requirements, etc. Facilitation of special projects.
Services are anticipated to be provided remotely ; may require occasional in-person meetings such as public hearings for major projects.
Attachment H
Atty. Rev. 2021
EXHIBIT “B”
PAYMENT TERMS
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created und er this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement , the City will identify individual tasks and, upon agreed scope of work, schedule, and cost, a Notice t o Proceed and Purchase Order will be issued for each task.
The aggregate not -to-exceed fee for all tasks provided during each one -year term of the agreement shall be $750,000.
II. Invoice Procedure
A. The Consultant shall present bill for charges by the tenth day of the month for the prior month’s services.
B. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.
Attachment H
Atty. Rev. 2021
EXHIBIT “C”
INSURANCE
CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his/her agents, repre sentatives, or employees. If the CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the CONTRACTOR.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products
and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if
CONTRACTOR has no owned autos, covering hired (Code
8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the CONTRACTOR's profession. Architects' and engineers'
coverage is to be endorsed to include contractual liability.
B. Minimum Limits of Insurance
CONTRACTOR shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/locat ion (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Attachment H
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accide nt for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Self-insured retentions must be declared to and approve d by the CITY. The CITY may require the CONTRACTOR to purchase
coverage with a lower retention or provide proof of ability to pay losses and related inves tigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The CITY, its officers, officials, employees and volunteers are to be covered as additional insureds o n the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including
materials, parts or equi pment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the
CONTRACTOR’s insurance (at least as broad as ISO Form
CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officia ls, employees and volunteers. Any insurance or self -insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.
Attachment H
Atty. Rev. 2021
3. Each insurance policy required b y this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this
contract to the CITY. All notices provided pursuant to this MOU shall be given to the City representative listed for notice in this Agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. CONTRACTOR hereby grants to CITY a waiver of any ri ght to subrogation which any insurer of said CONTRACTOR
may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of
subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a) The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b) Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c) If coverage is canceled or non -renewed, and not
replaced wit h another claims -made policy form with a
Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting”
coverage for a minimum of five (5) years after
completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless othe rwise acceptable to the CITY.
Attachment H
Atty. Rev. 2021
F. Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsement s of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work begin ning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to req uire complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Attachment H
Atty. Rev. 2021
“EXHIBIT D”
PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND
PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS
The terms of this Agreement apply to all public works projects for over $1,000.
For purposes of this Exhibit, “Public Works” includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds.
These projects include: construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construc tion" includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.
Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing w age laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The CONTRACTOR and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvert ently omitted, including but not limited to the requirements listed below:
1. Compliance with Prevailin g Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasib ility study, and other preconstruction phases of construction, including but not limited to inspectio n and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post -construction phases of cons truction, including but not limited to all cleanup work at the jobsite.
1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the pre vailing rate of per diem wages also may be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The CONTRACTOR and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.
Attachment H
Atty. Rev. 2021
1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the pred etermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date fo llowing the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed.
This shall be in addition to any other applicable penalties allowed und er California Labor Code sections 1720 through 1861.
3. Payroll Records. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The CONTRACTOR shall require all subcontractors to also comply with section 1776. The CONTRACTOR and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City a nd directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The CONTRACTOR shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the CONTRACTOR and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.
4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices. The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).
5. Working Hours. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the Attachment H
Atty. Rev. 2021
worker works more t han 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure th e payment of compensation of its employees. By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require 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 of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registratio n Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.
10. Stop Order . Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works unti l the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
Attachment H
Atty. Rev. 2021
“EXHIBIT E”
PROPOSAL