Attachment B
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on November 18, 2025, by and between, Insight Public Sector Inc., an Illinois Corporation (“Contractor” or “Consultant”) and the City of Santa Maria , a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS City wishes to engage with Contractor to procure and install Mobile Data Computers (MDC), MDC Docks, vehicle dash or pedestal mounts, Mobile Network Routers, Radio Antennas and any cabling, connectors and fasteners, etc. in Police Department and Rec and Park Ranger fleet vehicles; and,
WHEREAS City has executed a competitive procurement process for the requested project; and,
WHEREAS City has evaluated all responses and concluded contractor submitted the most cost effective and responsive bid; and,
WHEREAS Contractor has asserted to be qualified and experienced in implementing the project deliverables included in Exhibit A (Insight Public Sector RFQ dated October 15, 2025); and,
WHEREAS, the Fixed Price, Not To Exceed cost for the services and equipment is $831,831.20.
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 effective beginning on the latest date provided on the signature page below and terminates upon completion of the scope of work. This contract may be e xtended by mutual consent of the parties. This 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 spec ified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing project management, discovery and design, implementation, testing and migration services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”
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” and “D” are attached and incorporated.
Attachment B
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. 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 n ot required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. 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 limit ation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited 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 Consultant or the acts or omissions of an employee, agent or subcontractor of the Consultant. 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.
4. Miscellaneous
4.01. Notices. All communication relating to the day -to-day activities o f this Agreement shall be exchanged between a designated representative of the CITY 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:
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change.
Any written notices required under this agreement shall be effective five (5) City Manager Anthony Scafuto
City of Santa Maria Insight Public Sector Inc.
110 East Cook Street, Room 7 2701 E. Insight Way
Santa Maria, CA 93454 Chandler, AZ, 85286
(805) 925-0951 ext 2200 (424) 220-6759
Attachment B
days after deposit into United States mail, postage prepaid, 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 and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be 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 over 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 license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Contractor and all sub -consultants are required to pay the general prevailing wage rates of per diem wages 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. Prevailing wage requirements are attached as Exhibit D.
Attachment B
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
Insight Public Sector
Inc.
an Illinois Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
Donna G. Schwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:
Risk Manager
City Attorney
Lisanne Steinheiser
Title
David W. Rowlands
City Manager
ATTEST:
Attachment B
Exhibit “A”
Statement of Work
The scope of work proposed in Contractor’s quotes dated October 15, 2025, includes:
1. This statement of work defines the hardware to be provided by Contractor and the services to be performed by MOBILE MOUNTS for Net New Kits for CUSTOMER. SKU(s) to be used in the project:
SPECIFICATIONS:
PANASONIC MDCs, DETACHABLE KEYBOARD & SERVICE BUNDLE
- 1): CF-338C-03BM: 4G LTE MDC
BSKU, Win11 Pro, Intel Core i7-1370P vPro (up to 5.2GHz), AMT, 12.0" QHD Gloved Multi Touch+Digitizer, 32GB, Intel Iris Xe, 512GB OPAL SSD, Intel Wi -Fi 6E, Bluetooth, 4G EM7595, GPS, COM Splitter, Dual Pass (Ch1:WWAN/Ch2:GPS), Mic and Infrared 2MP Webcam, 8MP Rear Camera, Contac tless SmartCard, Barcode, Standard Batteries (2), TPM 2.0, Flat, FZ-SVCTPNF3YR - 3 Year Protection Plus Warranty, FZ-SVC512SSD3Y - 3 Year No Return of Defective Drive, CF-SVCPDEP3Y - 3 Year Premier Deployment, FZ-SVCFESGEN10 - Field Engineering Support
- 2): CF-338C-04BM: 5G MDC
BSKU, Win11 Pro, Intel Core i7 -1370P vPro (up to 5.2GHz), AMT, 12.0" QHD Gloved Multi Touch+Digitizer, 32GB, Intel Iris Xe, 512GB OPAL SSD, Intel Wi -Fi 6E, Bluetooth, 5G EM9190 (sub6+C), GPS, COM Splitter, Dual Pass (Ch1:WWAN/Ch2:GPS), Mic and Infrared 2MP Webcam, 8MP Rear Camera, Contactless SmartCard, Barcode, Long Life Batteries (2), TPM 2.0, Bump Out, FZ -SVCTPNF3YR - 3 Year Protection Plus Warranty, FZ - SVC512SSD3Y - 3 Year No Return of Defective Drive, CF -SVCPDEP3Y - 3 Year Premie r Deployment, FZ - SVCFESGEN10 - Field Engineering Support
- 3): CF-VEK335LMP: MDC Keyboard
Premium Emissive Mk3 Keyboard for CF-33 Mk3, Mk4 (not compatible with mk1/mk2 tablets). Red Backlight (4 levels).
USB-A 5 Gbps (2), USB-A 0.5 Gbps, HDMI, VGA, LAN, SDXC (full-size), Serial (USB), Power, Docking Connector, Kensington Lock. Includes Handle/Kickstand. Display can be Opened to any Angle and Supports Convertible Mode. Compatible with Tablet, 33 Laptop Vehicle Dock and 33 Desktop Dock.
- 4): CF-SVCPSY5: MDC Service Bundle
Public Sector 5th year Service Bundle. Includes 4th and 5th year of Premier Deployment service, 4th and 5th year of HDD no return service, and 4th and 5th year ProPlus warranty entitlement. Prerequisite is concurrent purchase of a 3 year Public Sector bundle model.
MOBILE MOUNT DOCK, VEHICLE MOUNT, CRADLEPOINT ROUTER AND ANTENNA KITS - 5): ST-DEPINSMPD014G: PIU Dock, Mount, Cradlepoint & Antenna Kits WITH INSTALLATION Description: Customer Specific–Santa Maria Police Department–Panasonic CF33 and CradlePoint Package-Solution includes an on -dash mount, Panasonic CF33 Laptop no -pass docking station with 5 -year warranty, Panasonic approved power supply, swivel arm with side mount, rugged keyboard mount with adapter, TG3 USB backlit keyboard, fully assembled install plate with Vehicle Power Distribution Unit (VPDU), TAA Cradlepoint 1900 with 5- yr NetCloud Essential, one ethernet cable, Reef Sharkee 7-in-1 antenna, Coax Cable FME(f)-FME(m), GPS/GNSS Power Divider, Omni directional UHF Whip, Antenna Lead FME (ftd) SMA Plug antenna (1M), C23F-5M MPL(m)- FME(f) 5 Meter Cable, and installation wiring kit. Includes removal of existing pedestal mount and antenna and installation of new mount, router/modem, keyboard with mount, and all other items in this s ku. Package assumes the vehicle currently has a console or tunnel mounting plate. Kitting, installation, project management, reporting, T&E, and ground shipping included. Based on 2-3 installations per day per team per location.
- 6): ST-DEPINSMPD034G: PIU Dock, Mount, Cradlepoint & Antenna Kits NO INSTALLATION Description: Customer Specific–Santa Maria Police Department–Panasonic CF33 and CradlePoint MDT KIT-Solution includes an on -dash mount, Panasonic CF33 Laptop no -pass docking station with 5 -year warranty, Panasonic approved power supply, swivel arm with side mount, rugged keyboard mount with adapter, TG3 USB backlit keyboard, fully assembled install plate with Vehicle Power Distribution Unit (VPDU), TAA Cradlepoint 1900 with 5- yr NetCloud Essential, one ethernet cable, Reef Sharkee 7-in-1 antenna, Coax Cable FME(f)-FME(m), GPS/GNSS Power Divider, Omni directional UHF Whip, Antenna Lead FME (ftd) SMA Plug antenna (1M), C23F-5M MPL(m)- FME(f) 5 Meter Cable and installation wiring kit. SKU does not include installation. Kitting and Ground Shipping included.
Attachment B
- 7): ST-DEPINSMPD01: CC5500 Command Post Custom SKU Kit WITH INSTALLATION Request for 5G (one off) - Description: Customer Specific –Santa Maria Police Department –Panasonic CF33 Tablet and CradlePoint Package-Solution includes a Panasonic CF33 dual pass docking station with 5 -year warranty, Panasonic approved power supply, heavy duty dash mount to secure dock, swivel arm with side mount, rugged keyboard mount with adapter, TG3 USB backlit keyboard, full y assembled install plate with Vehicle Power Distribution Unit (VPDU), TAA Cradlepoint 1900 with 5 -yr NetCloud Essential, one ethernet cable, Reef Sharkee 7-in-1 antenna, Coax Cable FME(f) -FME(m), GPS/GNSS Power Divider, Omni directional UHF Whip, Antenna Lead FME (ftd) SMA Plug antenna (1M), C23F -5M MPL(m) -FME(f) 5 Meter Cable, and installation wiring kit.
Includes removal of existing pedestal mount and antenna and installation of new mount, router/modem, keyboard with mount, and all other items in this sku. Package assumes the vehicle currently has a console or tunnel mounting plate. Kitting, installation, project management, reporting, T&E, and ground shipping included. Based on 2 -3 installations per day per team per location
- 8): ST-DEPINSMPD024G: Command Unit Rear MDC Mount Kit WITH INSTALLATION Description: Customer Specific–Santa Maria Police Department–Panasonic CF33 Rear KIT (Command Units)-Solution includes a Panasonic CF33 Laptop no -pass docking station with 5 -year warranty, Panasonic approved power supply, flat horizontal surface base, and 9” locking slide arm with clevis. Kitting, installation, project management, reporting, T&E, and ground shipping included. Kitting, installation, project management, reporting, T&E, and ground shipping included. Installation will happen concurrently with the installation of ST -DEPINSMPD01. To be purchased with SKU: ST-DEPINSMPD04G1
- 9) ST-DEPINSMPD044G: Command Unit Rear MDC Mount Kit NO INSTALLATION Description: Customer Specific–Santa Maria Police Department–Panasonic CF33 Rear KIT (Command Units)-Solution includes a Panasonic CF33 Laptop no -pass docking station with 5 -year warranty, Panasonic approved power supply, flat horizontal surface base, and 9” locking slide arm with clevis. Kitting, installation, project management, reporting, T&E, and ground shipping included. Kitting, installation, project management, reporting, T&E, and ground shipping included. NO INSTALLATION INCLUDED. To be purchased with SKU: ST-DEPINSMPD034G.
- 10) ST-DEPINSMPD054G: Chevrolet Colorados + Rec & Parks Units Dock, Mount, Cradlepoint & Antenna Custom SKU Kits WITH INSTALLATION Description: Customer Specific–Santa Maria Police Department–Panasonic CF33 and CradlePoint PD, PD Colorado, Ranger PD Package: Solution includes a Panasonic CF33 Laptop no -pass docking station with 5 -year warranty, Panasonic approved power supply, rugged keyboard mount with adapter, TG3 USB backlit keyboard, fully assembled install plate with Vehicle Power Distribution Unit (VPDU), TAA Cradlepoint 1900 with 5 -yr NetCloud Essential, one ethernet cable, Reef Sharkee 7 -in-1 antenna, Coax Cable FME(f) -FME(m), GPS/GNSS Power Divider, Omni directional UHF Whip, Antenna Lead FME (ftd) SMA Plug antenna (1M), C23F-5M MPL(m)-FME(f) 5 Meter Cable and installation wiring kit. Includes installation of dock, power supply, router/modem, keyboard with mount, and all other items in this sku. Package assumes current mounting solutions will be reused. Kitting, installation, project management, reporting, T&E, and ground shipping included.
Attachment B
Deployment Plan
MOBILE MOUNTS will provide dedicated on-site installation technicians at CUSTOMER designated location(s) to perform installations. The crew size needed to complete the installations will be determined by the Mobile Mounts
Project Manager.
The project will start date and completion dates are TBD. The MOBILE MOUNTS Project Manager will be: Judi Schaefer [email protected]
Work Week
All installations based on an average 8-hour day and five (5) day workweek (Mon-Fri). Additional workdays can be added if necessary and upon approval of CUSTOMER and Mobile Mounts.
Install Site Location Schedule
Installation locations will be determined by project managers while preparing for the rollout and could change throughout the rollout and contract length upon mutual agreement. The list of vehicles to be installed and locations visited are attached to this SOW.
Documentation and Project Management Tools
MOBILE MOUNTS installation technicians will use an app to collect before and after installation photos, along with other data points such as; vehicle ID, equipment installed, serial numbers and other data as dictated by CUSTOMER.
The Installation Summary Report will be updated weekly.
MOBILE MOUNTS installation teams will also complete a Vehicle Checklist Document that is mutually developed for this project for each installation. MOBILE MOUNTS install teams will obtain CUSTOMER’s sign -off on each vehicle that is installed. CUSTOMER is to provide a designated person at each vehicle installation location to sign-off on MOBILE
MOUNTS installations.
If the designated person is not available to provide timely acceptance that may cause schedule delay, vehicle installations shall be deemed accepted and MOBILE MOUNTS technicians shall continue with other scheduled installations. This will be noted on the Installation Summary Report and brought to the attention of MOBILE MOUNTS and CUSTOMER’s project managers for follow-up. MOBILE MOUNTS will manage the project through our web based project management system. All pertinent project management reports and communications will flow through this portal so that everyone associated with the project is kept up to date on the progr ess.
Installation Warranty
MOBILE MOUNTS installations will be warranted for quality and workmanship for 180 days from date of installation. Warranty is limited to labor required to replace defective connectors, repair installation defects in installed wiring, mounts, etc. Warranty does not cover damage due to tampering, deliberate cutting or disconnection of cables or connectors, or damage caused by vehicle accidents.
Hardware Warranty
All parts proposed by MOBILE MOUNTS are warranted to be free of defects of material and workmanship for a period of three (3) years from date of purchase under normal use. During the warranty period, MOBILE MOUNTS, Lind Electronics, Gamber-Johnson, Havis, and iKey will repair or replace the product at no charge for parts and labor when the product is returned shipping paid to the manufacturer using the manufacturer’s procedures for returning such equipment. The repaired or replacement part will be returned to the end user prepaid.
This warranty does not apply if any part of the product has been altered, subjected to abuse, accident or misuse.
Attachment B
Services
The following services will be provided for CUSTOMER by MOBILE MOUNTS:
• Vehicle installation of the SKUs listed above. Installations will be performed following the manu facturer’s instructions and in accordance with professional industry practices. • Testing for all components of the installed Mobile Computer Equipment in each vehicle. • Project status meetings to confirm functional and schedule compliance. • Installation Summary Report detailing what was installed for each vehicle. • Installation scheduling and coordination with the CUSTOMER - Support/Project Coordinator • Documentation and regular progress reporting to CUSTOMER - Support/Project Coordinator • Installation Completion Acceptance (CUSTOMER’s sign-off)
When requested or project requires, MOBILE MOUNTS to provide an Installation and troubleshooting guide to CUSTOMER at the conclusion of the project.
General Responsibilities
This section lists in general, the responsibilities of the parties:
• MOBILE MOUNTS will unpack all new equipment, and neatly group associated trash – CUSTOMER is responsible for providing bins for proper disposal.
• MOBILE MOUNTS is responsible for installation of the mobile data mounting and power equipment. • MOBILE MOUNTS will verify correct operation of supplied equipment as the equipment is installed. • MOBILE MOUNTS will adhere to all CUSTOMER ’s safety standards.
In consultation with MOBILE MOUNTS, CUSTOMER will provide the following basic vehicle installation conditions:
• CUSTOMER will provide a suitable location with AC power. • CUSTOMER will provide a “blue print” of how they want the gear installed in each vehicle type. • CUSTOMER will provide documentation of what’s installed in each vehicle today. • CUSTOMER will ensure timely access to vehicles and product being held in CUSTOMER stores needed for the installations.
• CUSTOMER will ensure that vehicle interiors will be clean of trash and debris, CUS TOMER tools and/or personal effects of the driver prior to turning the vehicle over to MOBILE MOUNTS for installation.
Attachment B
EXHIBIT “B”
PAYMENT TERMS
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the fixed- price not-toexceed, cost of eight hundred and thirty-one thousand, eight hundred and thirty-one dollars and twenty cents ($831,831.20) in fees for all product and installation work.
TASK 1 Mobile Data Computer, Mount, Mobile Router and Antenna Installation Costs:
Procure and install Mobile Data Computers (MDC), MDC Docks, Mounting Equipment, Mobile Router and Radio Antennas including cabling, connectors and fasteners, etc. in Police Department and Rec and Park Ranger fleet vehicles.
Specifically, the following equipment and services are included:
Attachment B
II. Invoice procedure.
Consultant shall submit invoice for the whole project scope after product is delivered to the City. Invoice will be paid in full upon receipt of invoice.
A. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
B. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.
III. If Consultant’s response to the City’s RFP or RFQ is attached, all terms other than those concerning the Consultant’s billing rates are null and void.
Attachment B
EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant 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 Consultant, his/her agents, representatives, or employees. If the Consultant 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 Consultant.
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 Consultant 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 Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
B. Minimum Limits of Insurance
Consultant 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident 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 Liabi lity - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Attachment B
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The 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 on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’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 Consultant'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, 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.
3. Each insurance policy required by 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 Agreement 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. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant 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 with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Attachment B
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements 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 beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endor sements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City 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 B
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, "construction" 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 wage 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 inadvertently omitted, including but not limited to the requirements listed below:
1. Compliance with Prevailing 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, 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 post- construction phases of construction, 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 prevailing 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.
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 predetermined 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 following 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
Attachment B
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 em ployed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
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 and 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.
3. 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).
4. 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 worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
5. 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.
6. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the Contractor is required to secure the 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.”
7. 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.
8. Contractor and Subcontractor Registration 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
Attachment B
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.
9. 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 until the unregistered contractor or subcontractor is registered. Failure to observe a stop order is a misdemeanor.