Psomas_11721_ASA_Executed — Santa Monica City Council, September 22, 2026

Contract No. 11721 (CCS)
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December 2018

AS-NEEDED PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING

SERVICES
This As-Needed Professional Services Agreement for Surveying Services (“Agreement”), entered into as of ____________ (“Execution Date”), by and between the City of Santa Monica (“City”) and Psomas (“Surveying Firm”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. Surveying Firm is qualified to do business, and is doing business, in the State of California. Surveying Firm represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

C. Surveying Firm has responded to a Request for Proposals (“RFP”) for as-needed surveying services.

D. The City and Surveying Firm now desire to enter into an agreement for Surveying Firm to provide as-needed surveying services to the City.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates five (5) years from the Execution Date (“Term”), unless sooner terminated or extended in accordance with the provisions of this Agreement.

1.1.Option to Extend. The City, in its sole and absolute discretion, shall have the option to extend this Agreement for up to one (1) additional 5-year period (“Extension Term”) under the same terms and conditions. The City may, at its sole and complete discretion, extend the Expiration Date in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement. In the event of delays in the performance of the services beyond the control of the Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension.

2. Surveying Firm Services. Surveying Firm shall perform all of the services (“Services”) described in Exhibit A, Scope of Services.

3. Task Order Process.

3.1 Task Order Request. As-needed Services shall be assigned to Surveying Firm through the issuance of a Task Order Request (“TOR”) by the City’s Contract Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 8/27/2025
Contract No. 11721 (CCS)
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December 2018
Manager in the Engineering & Street Services Division of Public Works. Each TOR shall include the scope of Services, expected results, project deliverables, and project schedule.

3.2 Response to Task Order Request. Surveying Firm shall provide the City’s Contract Manager with a Response to the TOR within ten (10) days of City’s issuance of the TOR unless otherwise agreed to in writing by the City’s Contract Manager. Each Response to the TOR shall include a refined scope of Services and budget clarifying the approach, deliverables, expected results, project schedule, and a cost estimate detailing the hours and labor classifications by subtask.

3.3 Task Order Amount. Surveying Firm and the City shall attempt in good faith to negotiate a lump sum amount for each Task Order. If the parties are unable to negotiate a lump sum price for a Task Order and the City instructs the Surveying Firm to proceed with performance of the Task Order, then the Surveying Firm’s compensation shall be computed based upon the rates set forth in Exhibit B, Rate Schedule. Surveying Firm understands, acknowledges and agrees that the rates included in Exhibit B are all-inclusive and Surveying Firm shall not be entitled to add any mark-ups or fees.

3.4 Task Order. After agreement has been reached on the terms and conditions of a Task Order, the City’s and Surveying Firm’s authorized representatives shall execute the Task Order. The City’s Contract Manager will provide the Surveying Firm with a Notice to Proceed after execution of the Task Order.

The Surveying Firm shall only perform the Services authorized in the executed Task Order.

3.5 Task Order Amendments. A Task Order may be amended by the written mutual agreement of City and Surveying Firm.

3.6 Task Order Part of Agreement. Each executed Task Order, and any authorized amendments thereto, shall constitute a part of the Agreement as though fully set forth herein.

4. City Services. The City agrees to:

4.1. Make available to Surveying Firm any currently existing documents, data or information required for the performance of the Services.

4.2. Designate a representative authorized to act on behalf of City.

4.3. Promptly examine and render findings on all documents submitted for staff review by Surveying Firm.

5. Compensation. The City will compensate Surveying Firm for the Services performed in an amount not to exceed TWO HUNDRED AND FIFTY THOUSAND Dollars ($250,000.00) during the Term and TWO HUNDRED AND FIFTY THOUSAND Dollars ($250,000.00) during the Extension Term, if any, for a total compensation not Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Contract No. 11721 (CCS)
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to exceed FIVE HUNDRED THOUSAND Dollars ($500,000.00), based upon the cumulative amounts authorized in each executed Task Order.

6. Invoices. Surveying Firm will invoice the City for the Services and the City will pay any undisputed amount within thirty (30) days of receipt.

7. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

7.1. All notices, demands, requests or approvals to the City:

Engineering and Street Services Division
City of Santa Monica
1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: Mohammad Dakwar
Re: SP2539, On-Call Surveying Services, Contract No. 11721 (CCS) with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: SP2539, On-Call Surveying Services, Contract No. 11721 (CCS)

7.2. All notices, demands, requests or approvals to Surveying Firm:

Psomas
865 S Figueroa Street, Suite 3200
Los Angeles, CA 90017
Attention: Daniel Rahe, Vice President
[email protected]
Re: SP2539, On-Call Surveying Services, Contract No. 11721 (CCS)

8. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of Surveying Firm or any of Surveying Firm’s agents, employees, or subconsultants except as otherwise provided in this Agreement.

9. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

This Agreement may be modified only by written agreement signed by City and Surveying Firm, and approved as to form by the City Attorney.

10. Insurance. Prior to commencing the Services, Surveying Firm must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Contract No. 11721 (CCS)
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may arise from or in connection with the performance of the Services by Surveying Firm or Surveying Firm’s agents, representatives, employees or subconsultants for the duration of this Agreement. Surveying Firm must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

11. Defense and Indemnification.

11.1. Indemnification.

11.1.1. Hold Harmless for Surveying Professional Services.

To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Surveying Firm agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Surveying Firm’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.

11.1.2. For Other Claims.

Except as otherwise set forth in the preceding paragraph regarding Claims Arising From Surveying Services, Surveying Firm agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Surveying Firm (other than professional negligence, which is covered under Section 11.1.1, above), or recklessness or willful misconduct by Surveying Firm (or its contractors or subcontractors, if any). Surveying Firm’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Surveying Firm (or its contractors or subconsultants); provided, however, that Surveying Firm’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

The provisions of the above indemnification obligations shall survive any termination of this Agreement.

11.2. Enforcement Costs. Surveying Firm agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 11.1.

12. Prohibition Against Transfers.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Contract No. 11721 (CCS)
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12.1. Surveying Firm may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.2. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Surveying Firm or of any general partner or joint venturer or syndicate member of Surveying Firm, if a partnership or joint venture or syndicate exists, which results in changing the control of Surveying Firm, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

13. Permits and Licenses. Surveying Firm, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

14. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

15. Default and Termination.

15.1. If Surveying Firm fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Surveying Firm.

15.2. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Surveying Firm. Upon termination of this Agreement, City will pay Surveying Firm any compensation earned and unpaid up to the effective date of termination.

16. Compliance with Applicable Laws. Services provided under any Task Order may constitute "public works" within the meaning of California Labor Code section 1720 et seq.

As such, Surveying Firm shall comply with applicable prevailing wage laws for each Task Order. Surveying Firm has acknowledged its obligation to comply with prevailing wage laws in the Prevailing Wage Job Acknowledgement Form attached hereto as Exhibit D.

Surveying Firm shall provide an updated Prevailing Wage Job Acknowledgement Form for each Task Order, based upon the scope of Services to be performed by Surveying Firm pursuant to each Task Order. Notwithstanding the specificity of the foregoing, Surveying Firm agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Services, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Contract No. 11721 (CCS)
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17. Discrimination. Surveying Firm may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

18. Nuisance. Surveying Firm may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

19. Records.

19.1. Surveying Firm must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Surveying Firm must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

19.2. Surveying Firm must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. Surveying Firm must clearly identify all records and make them readily accessible to the City. At the City’s request, Surveying Firm must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

19.3. Surveying Firm must allow the City to have free access to Surveying Firm’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Surveying Firm’s records, and Surveying Firm agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Surveying Firm, Surveying Firm agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

20. Work Product; Reports.

20.1. Any work product prepared or caused to be prepared by Surveying Firm or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Surveying Firm or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Surveying Firm without prior written approval by City.

20.2. At the City’s request, Surveying Firm must furnish reports concerning the status of the Services.

21. Standard of Care. Surveying Firm agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Surveying Firm’s profession currently practicing in the same locality under similar conditions.

22. Subconsultants.

22.1. If Surveying Firm proposes to have any subconsultant perform any part of the Services, Surveying Firm must submit a request for approval in writing, Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Contract No. 11721 (CCS)
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describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

22.2. Surveying Firm will be responsible for the quality of any subconsultant’s work.

Every subcontract or agreement of any kind entered into between Surveying Firm and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11721 (CCS) entered into between the City of Santa Monica and Surveying Firm.

23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

24. Venue and Jurisdiction. The City and Surveying Firm agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. ///
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Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Contract No. 11721 (CCS)
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26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements
Exhibit D Prevailing Wage Job Acknowledgement Form
Exhibit E Levine Act Disclosure Form
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________
DENISE ANDERSON-WARREN Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 City Attorney

DOUGLAS SLOAN
8/25/2025
Psomas
8/25/2025
Daniel Rahe
Vice President
8/27/2025
City Manager
Oliver Chi
City Clerk
Nikima Newsome
8/27/2025
Exhibit A
Scope of Services
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

EXHIBIT A
Scope of Services
The Engineering and Street Services Division plans, develops, coordinates, and directs the design and bidding of Capital Improvement Program projects, reviews subdivision maps and responds to survey related requests at the public counter, and provides technical engineering support to client departments and divisions.

The types of projects for which the on-call or shortlisted surveying consultants may be utilized include, but are not limited to:
• Conduct boundary surveys
• Perform topographic surveys and prepare contour maps
• Provide supporting CAD and 3D surface information.
• Provide legal descriptions and exhibits for easements, and other right-of-way needs. • Monument perpetuation – program, methods and procedures for preserving and replacing survey monuments.
• Updates to Centerline Tie program including, but no limited to, preparation, documentation, data collection and recordation processes. • Preparation of Survey records, Parcel maps, Tract Maps, Lot Line Adjustments. • Conduct construction staking and provide as built surveys. • Provide consultation and technical support to the client on matters related to land surveying.
• Title reports consultation (title reports may be researched by sub-consultant) • Review historical property and real estate information and provide professional opinion as it may relate to property ownership and use
• Miscellaneous requests as directed by the City.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Exhibit B
Rate Schedule
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 30 5 Cost Proposal
2025 FEE SCHEDULE
Los Angeles and Santa Clarita California Offices
Engineering, Land Use Entitlements, and Surveying

IN-OFFICE SERVICES
Effective from January 1, 2025 - December 31, 2025
Administrative/Project Assistant $100 - $135
Drafter/Design Drafter $130 - $170
Civil Engineering Designer/Engineer $130 - $170
Surveyor/Project Surveyor/GIS Specialist/Photogrammetrist $115 - $190 Planners/Assistant Planner/Expediter/Senior Planner $125 - $205 Project Designer/Professional Engineer/Project Engineer $160 - $190 Sr. Project Engineer/Sr. Project Surveyor/Sr. GIS Specialist $190 - $235 Project Management $190 - $275
Principal/Director $240 - $350

SURVEY HOURLY RATES - FIELD SERVICES
Effective from October 1, 2024 - September 30, 2025
One-Person Survey Party $250
Two-Person Survey Party $385
Three-Person Survey Party $485
Field Supervisor $208
Hourly rates for field survey parties include normal usage of field equipment and are fully equipped rates.

Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate).

REIMBURSABLES
Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent.

The above schedule is for straight time. Overtime will be charged at 135 percent of the standard hourly rates. Sundays and holidays will be charged at 170 percent of the standard hourly rates.

Psomas | On-Call Surveying Services SP2539 – City of Santa Monica Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 31 BLENDED FEE SCHEDULE
Los Angeles and Santa Clarita California Offices
Engineering, Land Use Entitlements, and Surveying

IN-OFFICE SERVICES
Effective from January 1, 2025 - December 31, 2031
Five-Year Range Blended Rate
(through 2031)
Administrative/Project Assistant $100 - $170 $134
Drafter/Design Drafter $130 - $213 $172
Civil Engineering Designer/Engineer $130 - $213 $172
Surveyor/Project Surveyor/GIS Specialist/Photogrammetrist $115 - $233 $177 Planners/Assistant Planner/Expediter/Senior Planner $125 - $248 $191 Project Designer/Professional Engineer/Project Engineer $160 - $233 $177 Sr. Project Engineer/Sr. Project Surveyor/Sr. GIS Specialist $190 - $278 $242 Project Management $190 - $308 $267
Principal/Director $240 - $438 $339
Blended Rate: Five-Year single blended office rate: $236.50 Projected possible office hours $500,000 budget assumed: 2,114.

SURVEY HOURLY RATES - FIELD SERVICES
Effective from October 1, 2024 - September 30, 2031
Blended Rate Through 2031 2025 2026 2027 2028 2029 2030 One-Person Survey Party $325 $250 $275 $305 $335 $365 $400 Two-Person Survey Party $500 $385 $425 $465 $510 $560 $615 Three-Person Survey Party $635 $485 $535 $585 $650 $710 $785 Field Supervisor $274 $208 $228 $250 $275 $310 $340
Hourly rates for field survey parties include normal usage of field equipment and are fully equipped rates.

Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate).

Blended Rate: Five-Year single blended office rate: $700.00. Projected possible office hours $500,000 budget assumed: 714.

The above schedule is for straight time. Overtime will be charged at 135 percent of the standard hourly rates. Sundays and holidays will be charged at 170 percent of the standard hourly rates.

Cost Proposal 5
Psomas | On-Call Surveying Services SP2539 – City of Santa Monica Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Exhibit C
Insurance Requirements
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 1 Professional Services Agreement Insurance Requirements – Template 1 Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance 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, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, 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 Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 2 addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. 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 of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Claims Made Policies

1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 3 Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Exhibit D
Prevailing Wage Job Acknowledgement Form
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 ATTACHMENT H – PREVAILING WAGE REQUIREMENTS

CITY OF SANTA MONICA PREVAILING WAGE REQUIREMENTS
WHAT IS PREVAILING WAGE?
All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations (DIR), according to the type of work and location of the project. California's prevailing wage laws ensure that the ability to get a public works contract is not based on paying lower wage ratesthan a competitor.

All bidders are required to use the same wage rates when bidding on a public works project. Contractors/Consultants must comply with the prevailing wage requirements. A project must meet prevailing wage requirements when it is twenty‐five thousand dollars ($25,000) or more when the project isfor NEW construction work, or fifteen thousand dollars($15,000) or more when the project is for alteration, demolition, repair, or maintenance work.

WHAT MUST CONTACTORS/CONSULTANTS/VENDORS DO TO FOLLOW THE LAW? Contractors/Consultants and subcontractors/subconsultants which bid on and are awarded City of Santa Monica prevailing wage project must comply with four general labor compliance obligations:

1. Register as a Public Works Contractor with the Division of Labor Standards Enforcement (DIR)

2. Pay Prevailing Pages

3. Comply with Apprenticeship Standards

4. Mail Hard Copies of Certified Payroll Records and ancillary documents to the City of Santa Monica OR submit electronic payrolls via LCP Tracker© or equivalent certified payrollsoftware, as approved by the City and upload payrolls electronically to DIR on a Weekly Basis

CONTRACTOR REGISTRATION
To submit a bid or work on a Prevailing Wage project, contractors and subcontractors are required to register with the Division of Labor Standards Enforcement even if you don’t have a contractor license. Registration cost is $400 and covers fiscal year July 1st through June 30th. Failure to register will result in a $2,000 penalty if the unregistered contractor:
 Bid on a public works project on or after March 1, 2015  Was awarded a public works contract on or after April 1, 2015 or  Intentionally allowed registration to lapse while biding or working on a public works project Contractors must meet the following requirements to register:
 Have workers compensation coverage for any employees and only use subcontractors who are registered public works contractors.
 Have a Contractors State License Board license if applicable to trade.  Have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency.  Not be under federal or state debarment.
 Not be in prior violation of this registration requirement once it became effective. However, for the first violation in a 12‐month period, a contractor may still qualify for registration by paying an additional penalty.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

PAY PREVAILING WAGES
California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project. The prevailing wage rate is issued by the Office of Policy, Research and Legislation twice a year, February 22nd and August 22nd. In determining what wage determination for the life of the project, the contractor shall refer to the advertised bid date the Awarding Body published the first “Notice Inviting Bids” or RFP Advertise Date which resulted in a contract being awarded. If the City did not advertise the public works project for bid, other benchmark events, including the first written memorialization of the agreement concerning public works elements of the project or contract governing the award of public funds will be utilized instead. Current and Superseded prevailing wage determinations can be found at the following website: http://www.dir.ca.gov/DLSR/PWD  Contractors/Consultants must have required labor posters posted on the job site (or break area), where signs are made clearly available for employees to review.
 Drivers performing both on‐site and off‐site hauling of materials either to or from a public works construction project must be paid the prevailing wage. Bona fide material suppliers are exempt from prevailing wage requirements.
 Workers who are required to report to the contractor’s office, yard, or other designated areas at the beginning and/or end of their shift shall be paid at the worker’s prevailing wage rate of pay for any travel time to and from the job site. This drive time shall be included when calculating any overtime due to the worker.  Workers hauling and delivering ready‐mixed concrete for a public works contract shall be paid the current prevailing wage rate from the time they set out from the batch plant until they return to the batch plant. (California Labor Code § 1720.9)
 Fringe Benefits (Health & Welfare, Pension, & Vacation) must either be paid to the worker, or to the appropriate third‐party trust fund as part of a non‐union employee’s hourly wage rate. A completed Fringe Benefit Statement must be provided for each contractor/consultant & subcontractor/subconsultant employed on the project.
 Pay the corresponding “training” rate that appears on the Director’s Wage Determination for each craft or trade to the California Apprenticeship Council (CAC) or an approved DAS program.  Prime Contractors/Consultants are responsible for the proper insurance and compliance of ALL subcontractors, owner operators, vendors and suppliers who provide personnel to work at the job site.  Representatives from the City of Santa Monica will monitor the job site and perform on‐site interviews with employees performing labor at any time during construction except during rest periods or meal breaks Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

APPRENTICESHIP STANDARDS
Apprentices are required on Public Works projects greater than $30,000 for any “apprenticeable craft”. This is required under State Labor Code, California Labor Code §§ 1777.5.

Contractor’s/Consultant’s Responsibilities:
 Submit contract award information for each apprenticeable craft required on the project using the DAS 140 form prior to performing work. If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.
 All apprentices working on City projects must be registered in either a State and/or Federally Approved Apprenticeship Program. See: https://www.dir.ca.gov/das/publicworks.html  If your company is not approved to train apprentices, you must send the DAS 140 to all of the applicable apprenticeship committees whose geographical area (County) of operation incudes the area of the public works projects. DAS approved Apprenticeship programs can be found by using the search engine on the DAS website.

Those programs that are the result of that search may or may not be in the County in which the job is located but they have been approved by the DAS to receive the DAS140. In some cases, a program will have statewide approval or approval of a certain number of counties i.e. 12 Southern California Counties and DAS approval is based on County not a City.
 Contractors/consultants who employ journeyman or apprentices in any “apprenticeable craft” must contribute to the California Apprenticeship Council (CAC) the amount reflected as the hourly “training” rate that appears on the Director’s wage determination, for each hour worked. A contractor is also entitled to take credit for such contributions made to a DAS approved apprenticeship program that can supply apprentices to the site of the public work. The training contribution is a distinct obligation of the contractor under the Labor Code and cannot be satisfied by paying the required hourly contribution directly to the employee.  Contact the applicable apprenticeship committee to request apprentices for each apprenticeable craft or trade on your project using the DAS 142 form. The form must be submitted at least three business days before the apprentice is to report to the jobsite and it must be sent to the apprenticeship committees providing training in the applicable craft or trade whose geographical area of operation includes the site of the public work. If the apprenticeship committee does not dispatch apprentices, the contractor must request apprentice dispatch from another committee in the geographical area of the site of the public work and must request dispatch from each committee either consecutively or simultaneously until the contractor has requested dispatches from each such committee in the geographical area. (www.dir.ca.gov/das/publicworks.html)  Employ apprentices in the correct ratio to journeyman of no less than one hour of apprentices work for every five hours of labor performed by a journeyman. If the contractor agrees to be bound by the standards of an apprenticeship program, the ratio may be no higher than the ratio stipulated by the apprenticeship program. (California Labor Code §§ 1777.5 (d) and (g))
 Provide worker’s compensation benefits to apprentices.  Proof of registration from California’s State Division of Apprenticeship Standards (DAS) for each apprentice must be maintained.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

APPRENTICESHIP STANDARDS (CONTINUED)
In the event Contractors/Consultants or Subcontractor/Subconsultant fails to comply with the obligation to hire apprentices or employ apprentices in the correct ratio, the City of Santa Monica will prepare an Apprenticeship complaint that will be filed with the DIR. The City will apply a withhold that is to be applied until the DIR’s ruling is received.

CERTIFIED PAYROLL REQUIREMENTS
Certified Payroll Records shall be submitted electronically through the DIR’s Online Certified Payroll System AND mail original HARD copies of the A‐1‐131 form or provide a form that includes ALL required information from the A‐1‐131 form weekly to: Gafcon, Inc, Attn: Lizette Rodriguez, 660 South Figueroa Street, Suite 1790 Los Angeles, CA 90017 OR Contractor may submit electronic payrolls (as approved by the City). Contractor payroll records are subject to review by the City of Santa Monica as outlined in California Labor Code §§ 1776 and 1812.  Public Works Small Project Exemption is for contractors who work exclusively on small projects and are not required to be registered as public works contractors orfile electronic certified payrollreportsthrough the DIR’s online system.

However, prevailing wages must still be paid on projects and contractors are still required to MAIL original HARD copies of the payroll weekly to Gafcon. Small project exemption is based on the contract amount of the entire project, not a contractor’s subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed:
 $25,000 for new construction, alteration, installation, demolition or repair  $15,000 for maintenance
 Payrolls shall be due weekly from the Prime Contractor/Consultants and ALL subcontractors/subconsultants, owner‐operators, vendors and suppliers who provide personnel to work at the job site.  The payroll must be completed in its entirety, including the employee’s home address and social security number.

Incomplete payrolls will not be accepted, and a progress payment withheld will be applied until acceptable payrolls are submitted.
 Statement of Non‐Performance is submitted in lieu of a certified payroll any/all weeks a contractor remains on the job but no work is performed, including on‐call/as‐needed contracts – see example Attachment 4.  A Statement of Compliance must be completed and signed with each certified payroll record.  Authorized Signatory is to be completed and signed by an Owner, Officer or other person(s) with authority under penalty of perjury to so affirm, that the records for certified payroll are originals which truly depict fully and correctly the craft of type of work performed, hours and days worked and the amounts disbursed by way of check  Fringe Benefit Statement for each trade utilized on the project must be updated prior to completing the first payroll by each contractor/consultant and each time fringe benefit rates change.  “OTHER” deductions, if any, including deductions for 401K, must be fully explained in writing and an authorization for the deductions must be signed by the employee and submitted with the first payroll on which the deduction is shown.
 Daily Reports are to be submitted for all days worked on site. The reports should contain names of employees, total hours worked and description of work performed on that given day.  Employee Itemized Check Stubs will be requested atrandom but no more than one employee per each month worked if no issues are discovered.

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

CERTIFIED PAYROLL REQUIREMENTS (CONTINUED)
 The City conducts on‐going audits of certified payrolls and ancillary documents by requesting payroll records and ancillary documents during the course of the project. If these documents are not submitted to the City with the requested time frames, a withhold will be applied to your contract.  The City will email a monthly request for information via a “Issues List” (Attachment 1) to Prime Contractor/Consultants. The Prime Consultant has 10 days to submit requested information.  Owner/operators, sole proprietors, or business owners, must also submit certified payroll reports.  If your firm will use LCP Tracker© or equivalent certified payroll software (as approved by the City) a CD of the entire payrolls must be submitted to the City upon project completion.  Password and Login to LCP Tracker© or equivalent certified payroll software (as approved by the City) must be provided to the City’s Prevailing Wage Consultant.

REQUIRED PRE‐CONSTRUCTION CONFERENCE
The City of Santa Monica requires a mandatory pre‐construction conference with the Prime AND Sub‐Contractors (Prime Consultants/Subconsultants) prior to the job start. This meeting can be conducted telephonically or in person.

At this meeting the City’s Labor Compliance consultant will discuss federal and/or state labor law requirements applicable to the contract and will provide a packet of information containing templates for contractors use. The Prime Contractor/Consultant will be required to sign the Check List of Labor Law Requirements at the end of the conference, acknowledging that the City has provided the contractor with information regarding each federal and state requirement per Attachment 2.

SANCTIONS
 The City may withhold funds on progress payments due to the Prime for the failure to submit required reports and/or documents by the Prime or ANY of the subs on the job. The City’s Withhold Policy is Attachment 3.  Contractors/Consultants violating the prevailing wage requirements are subject to a penalty of up to $200 per day for each worker paid less than the prevailing wage rate, in addition to having to restore the differences in wages paid. (California Labor Code § 1775)
 Contractors/Consultants are also subject to a penalty of an additional $25 per day for each worker paid less than the prevailing wage rate for overtime work ‐‐ over 8 hours per day or more than 40 hours per week. (California Labor Code § 1813)
 In the event of an underpayment of wages, the Contractor/Consultant has 60 days to restitute those wages to the worker(s). If the Contractor/Consultant fails to pay the restitution within 60 days, liquidated damages in an amount equal to the unpaid wages will be assessed. Liquidated damages will be due the worker. (California Labor Code § 1742.1)
 Failure to utilize apprentices as specified, or to provide proof that apprentices were requested and denied, may subject the contractor to a penalty of up to $100 for each calendar day that the contractor worked on the project.

A contractor/consultant that commits a second or subsequent violation within a three‐year period may be subject to a penalty of up to $300 for each calendar day that the contractor/consultant worked on the project. (California Labor Code §1777.7)
 Failure to submit Certified Payroll Records within requested time receipt of a written request will be subject to a penalty of $100 per calendar day per employee until strict compliance is effectuated. (California Labor Code §§ 1776 and 1777.1).

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

PREVAILING WAGE JOB ACKNOWLEDGMENT FORM
 A Prevailing Wage Job Notice and Acknowledgment Form (Exhibit 5) must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form.
 If any adjustments are made to the project including, but not limited to, the addition, substitution, or removal of Subcontractor(s) the City requires the submission of an updated Prevailing Wage Job Notice and Acknowledgement Form. Addition of any New Subcontractor(s) will be subject to approval by the City’s Labor Compliance Consultant. New subcontractors/subconsultants cannot come onto City jobs unless a Prevailing Wage Job Notice and Acknowledgment Form has been submitted and approved. For the addition, substitution, or removal of any Subcontractor(s), the City may require a written request by the Prime Contractor, which will be subject to written approval by the Project Manager.

PREVAILING WAGE RESOURCES
Division of Labor Standards Enforcement (DLSE)‐ Laws and Regulations https://www.dir.ca.gov/dlse/dlseLaws.html
Certified Payroll Reporting
https://www.dir.ca.gov/Public‐Works/Certified‐Payroll‐Reporting.html Contractor Registration
https://www.dir.ca.gov/Public‐Works/PublicWorksSB854FAQ.html DIR Contact Information
https://www.dir.ca.gov/Public‐Works/ContactUs.htm
Division of Apprenticeship Standards ‐ Public Works Information https://www.dir.ca.gov/DAS/PublicWorksForms.htm
State of California, Division of Labor Standards Enforcement, Public Works Manual http://www.dir.ca.gov/dlse/PWManualCombined.pdf
Prevailing Wage Determinations
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

CITY OF SANTA MONICA PREVAILING WAGE STAFF
For questions on Prevailing Wage in the City of Santa Monica, please contact Lizette Rodriguez at (310) 458‐8721, ext. 2341, lizette.rodriguez @smgov.net.

ATTACHMENTS
Attachment 1: Issues List
Attachment 2: Check List of Labor Law Requirements
Attachment 3: City of Santa Monica’s Labor Compliance Withhold Policy‐ Construction Contracts Attachment 4: City of Santa Monica’s Labor Compliance Withhold Policy‐ Professional Services Attachment 5: Statement of Non‐Performance
Attachment 6: City of Santa Monica Prevailing Wage Job Acknowledgment Form

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Prevailing Wage‐ Attachment 1
Issues List
Prevailing Wage‐ Attachment 2
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

CHECKLIST OF LABOR LAW REQUIREMENTS
Appendix A
City of Santa Monica (Enter Department Name)
(Project Name)
Project# (Enter Number)
The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following:

1. Payment of Prevailing Wage Rates
The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors pursuant to Labor Code section 1770 et seq.

The contractor is responsible for obtaining and complying with all applicable general prevailing wage rates for trades workers and any rate changes, which may occur during the term of the contract. Prevailing wage rates and rate changes are to be posted at the job site for workers to view.

2. Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on public works projects pursuant to Labor Code section 1777.5.

3. Penalties
Penalties, including forfeitures and debarment, shall be imposed for contractor/subcontractor failure to pay prevailing wages, failure to maintain and submit accurate certified payroll records upon request, failure to employ apprentices, and for failure to pay employees for all hours worked at the correct prevailing wage rate, in accordance with Labor Code sections 1775, 1776, 1777.7, and 1813.

4. Certified Payroll Records
Pursuant to Labor Code section 1776, contractors and subcontractors are required to keep accurate payroll records which reflect the name, address, social security number, and work classification of each employee; the straight time and overtime hours worked each day and each week; the fringe benefits; and the actual per diem wages paid to each journeyperson, apprentice, worker, or other employee hired in connection with a public works Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request.

Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the certified payroll record shall be annotated “No Work” for that week. All non-redacted certified payrolls should be sent to:

Gafcon, Labor Compliance (City of Santa Monica)
660 South Figueroa Street, Suite 1790
Los Angeles, CA 90017

5. Nondiscrimination in Employment
Prohibitions against employment discrimination are contained in Labor Code sections 1735 and 1777.6; the Government Code; the Public Contracts Code; and Title VII of the Civil Rights Act of 1964, as amended.

6. Kickback Prohibited
Pursuant to Labor Code section 1778, contractors and subcontractors are prohibited from accepting, taking wages illegally, or extracting “kickback” from employee wages.

7. Acceptance of Fees Prohibited
Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work (Labor Code section 1779); or for filling work orders on public works contracts (Labor Code section 1780).

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

8. Listing of Subcontractors
Contractors are required to list all subcontractors hired to perform work on a public works project when that work is equivalent to more than one-half of one percent of the total effort (Public Contract Code section 4104.).

9. Proper Licensing
Contractors and subcontractors are required to be properly licensed. Penalties will be imposed for employing workers while unlicensed (Labor Code section 1021 and Business and Professions Code section 7000, et seq. under California Contractors License Law).

10. Unfair Competition Prohibited
Contractors and subcontractors are prohibited from engaging in unfair competition (Business and Professions Code sections 17200-17208).

11. Workers’ Compensation Insurance
All contractors and subcontractors are required to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of Labor Code sections 3700 and 1861.

12. OSHA
Contractors and subcontractors are required to comply with the Occupational Safety and Health laws and regulations applicable to the particular public works project.

13. Prohibition against hiring undocumented workers
Federal law prohibits contractors and subcontractors from hiring undocumented workers and requires all contractors and subcontractors to secure proof of eligibility/citizenship from all workers.

14. Itemized wage statements
Contractors and subcontractors are required to provide itemized wage statements to employees pursuant to Labor Code section 226.

The undersigned contractor hereby acknowledges that the City has provided the contractor with information regarding each item listed above. In accordance with federal and state laws, and with City’s policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing labor law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

For the Contractor: For the City of Santa Monica:
_______________________________________ _______________________________________ Signature Date Signature Date
_______________________________________
Title
_______________________________________
Organization
_______________________________________
Project
_______________________________________
E-Mail
Psomas
Type text here
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Prevailing Wage‐ Attachment 3
City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 1 of 2)
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 2 of 2)
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Prevailing Wage‐ Attachment 4
City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants)(Page 1 of 2) Attachment 4
City
of
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Santa Monica’s Labor Compliance Withhold Policy
Professional Services /Construction Management Agreements (Consultants) (Page 2 of 2)

Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Prevailing Wage‐ Attachment 5
Statement of Non‐Performance
STATEMENT OF NON‐PERFORMANCE
I do herby certify that no persons employed with the above‐mention contractor/subcontractor worked on the project:

Contract of subcontract number__________ during the payroll period commencing on the ________ day of ______________ and ending on the ___________ day of ________________.

I , _________________________, the undersigned, am the___________________________ (Name – print) (Position in business)
with the authority to act for and on the behalf of _________________________, certify under (Name of Contractor/Business)
penalty of perjury that the records of copies thereof submitted and consisting of Non‐ Performance Payroll, 1 Page are the originals or true, full and correct copies of the originals (Description, Number of Pages)
which depict the payroll record(s) of the actual disbursements by way of cash, check or whatever form to the individual named.

Date: ________________________ Signature: _____________________________________ Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Prevailing Wage‐ Attachment 6
Prevailing Wage Job Acknowledgment Form
First Page for Prime Contractors/Consultants/Vendors
Second page for Subcontractors/Subconsultants
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 City of Santa Monica
Prevailing Wage Job Acknowledgment Form
Prime Contractor/ Consultant/ Vendor
A Prevailing Wage Job Notice and Acknowledgment Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgment form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working onsite contractor must submit revised Prevailing Wage Job Acknowledgment form with updated classifications. Please indicate all classifications your company plan to use:

By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq.; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is aware of the provisions of Section 3700 of the 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 will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de‐escalation clause of your bid documents.

Company Name: ___________________________________________________________ Address: _________________________________________________________________ Email Address: __________________________________ Phone Number: _________________________ Contractor State License Board Number (CSLB):___________ PWC Registration Number: _______________ Name of Apprenticeship Program affiliated with (if any): _____________________ Contractor/Consultant Representative Signature: ______________________________________Date: _______________ Print Name and Title: __________________________________________________________________ Project Name:

SP Number or Bid No:
# Craft Group Number/Trade
Classification
Determination
Number
Issue
Date
Number of
Staff
Apprenticeable
?
Y/N
For City of Santa Monica Internal Use Only Approved By:_______________________________ Date:____________ On-Call Surveying Services
SP 2539
Psomas
865 S Figueroa Street, Suite 3200, Los Angeles, CA 90017 [email protected] 213.223.1566
N/A 1000010904
N/A
Daniel Rahe, Vice President
03/03/2025
Field Survey
Field Survey
Field Survey
Party Chief
Instrument Man
Chainman
2023-2
2023-2
2023-2
8/22/23
8/22/23
8/22/23
Field Survey Chainman Apprentice 1-7 2023-2 8/22/23
Y
Y
Y
Y
3 3
0 0
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 City of Santa Monica
Prevailing Wage Job Acknowledgment Form
Sub‐Contractor/ Sub‐Consultant/ Vendor
A Prevailing Wage Job Notice and Acknowledgment Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

SP Number or Bid No:

Name of Prime Contrctors/Consultant Working For:
# Craft Group Number/Trade
Classification
Determination
Number
Issue
Date
Number
of Staff
Apprenticeable?
Y/N
Not applicable, Psomas is not using any
subcontractors
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 Exhibit E
Levine Act Disclosure Form
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. ✔
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: Date: ____________________
Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request. 04/24/2025 Daniel L. Rahe Vice President/Principal Psomas Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776 SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

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• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

Santa Monica City CouncilSeptember 22, 2026

Santa Monica City Council
September 22, 2026