HomeMy WebLinkAboutAnn Baker Landscape Architecture 2015-05-21COU No. 1415200
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this 21st day of May, 2015 ( "Effective Date "), by and
between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Ann Baker Landscape
Architecture, a sole proprietorship, organized and in good standing under the laws of the state of
California, hereinafter referred to as "Consultant ".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to construction management/administration and
exhibit development services for the Grace Hudson Nature Education Facility Grant Project.
b. Consultant represents that it has the qualifications, skills, experience and properly licensed to
provide these services, and is willing to provide them according to the terms of this
Agreement.
c. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto as
Attachment "A ", describing contract provisions for the project and setting forth the completion
dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A ").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A ".
2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement
between City and Consultant. The written Agreement shall be in the form of an Amendment to
this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required by the
Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete such services
by February 28, 2016. Consultant shall complete the work to the City's reasonable
satisfaction; even if contract disputes arise or Consultant contends it is entitled to further
compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this Agreement,
Consultant shall be compensated on a time and expense basis not to exceed a guaranteed
maximum dollar amount of $284,000. Labor charges shall be based upon hourly billing rates
for the various classifications of personnel employed by Consultant to perform the Scope of
Work as set forth in the attached Attachment B, which shall include all indirect costs and
expenses of every kind or nature, except direct expenses. The direct expenses and the fees
to be charged for same shall be as set forth in Attachment B. Consultant shall complete the
Scope of Work for the not -to- exceed guaranteed maximum, even if actual time and expenses
exceed that amount. Prevailing Wage may be required for certain portions of work performed,
as identified in Attachment C.
4.2 Changes. Should changes in compensation be required because of changes to the Scope -of-
Work of this Agreement, the parties shall agree in writing to any changes in compensation.
"Changes to the Scope -of- Work" means different activities than those described in Attachment
"A" and not additional time to complete those activities than the parties anticipated on the date
they entered this Agreement.
4.3 Sub - contractor Payment. The use of sub - consultants or other services to perform a portion of
the work of this Agreement shall be approved by City prior to commencement of work. The
cost of sub - consultants shall be included within guaranteed not -to- exceed amount set forth in
Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of invoice less any amount already paid to Consultant, which
amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall
provide a description of each item of work performed, the time expended to perform each task,
the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall
be accompanied by documentation sufficient to enable City to determine progress made and
the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for
its acts or omissions. Consultant (including its agents, servants, and employees) is not City's
agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent contractor
and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the method of accomplishing
those services contracted to and performed by Consultant under this Agreement, and the
general public and all governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been inserted
solely to achieve compliance with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this Agreement shall be interpreted or
construed as creating or establishing the relationship of employer and employee between
Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self - employment
taxes that are due the state and federal government and shall furnish and pay worker's
compensation insurance, unemployment insurance and any other benefits required by law for
himself and his employees, if any. Consultant agrees to indemnify and hold City and its
officers, agents and employees harmless from and against any claims or demands by federal,
state or local government agencies for any such taxes or benefits due but not paid by
Consultant, including the legal costs associated with defending against any audit, claim,
demand or law suit.
Design — ProfSvcsAgreement- November 20, 2008
PAGE 2 OF 7
Consultant warrants and represents that it is a properly licensed professional or professional
organization with a substantial investment in its business and that it maintains its own offices
and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City.
Consultant has no interest and will not acquire any direct or indirect interest that would conflict
with its performance of the Agreement. Consultant shall not in the performance of this
Agreement employ a person having such an interest. If the City Manager determines that the
Consultant has a disclosure obligation under the City's local conflict of interest code, the
Consultant shall file the required disclosure form with the City Clerk within 10 days of being
notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for the
full period of time allowed by law, surviving the termination of this Agreement insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ( "ISO) Commercial General Liability Coverage Form
No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed
Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any
auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State
of California and Employers 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: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage including operations, products and
completed operations. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, the general aggregate limit shall apply
separately to the work performed under this Agreement, or the aggregate limit
shall be twice the prescribed per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
Design — ProfSvcsAgreement- November 20, 2008
PAGE 3 OF 7
3. Worker's Compensation and Employers Liability: Worker's compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by the
City. At the option of the City, either the insurer shall reduce or eliminate such
deductibles or self- insured retentions as respects to the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or
used by the Consultant, or automobiles owned, hired or borrowed by the
Consultant for the full period of time allowed by law, surviving the
termination of this Agreement. The coverage shall contain no special
limitations on the scope -of- protection afforded to the City, its officers,
officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as
respects to 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 in excess of the Consultant's
insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from Consultant's
performance of the work, pursuant to this Agreement.
Design — ProtSvcsAgreement- November 20, 2008
PAGE 4 OF 7
3. Professional Liability Coverage
If written on a claims -made basis, the retroactivity date shall be the effective
date of this Agreement. The policy period shall extend from 02/28/16 to
02/28/17.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of
no less than A- for financial strength, AA for long -term credit rating and AMB -1 for
short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates and
Endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The Certificates and Endorsements are to
be on forms provided or approved by the City. All Certificates and Endorsements are
to be received and approved by the City before Consultant begins the work of this
Agreement. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time. If Consultant fails to provide the coverages
required herein, the City shall have the right, but not the obligation, to purchase any or
all of them. In that event, after notice to Consultant that City has paid the premium, the
cost of insurance may be deducted from the compensation otherwise due the
contractor under the terms of this Contract.
G. Subcontractors
Consultant shall include all sub - contractors or sub - consultants as insured under its
policies or shall furnish separate certificates and endorsements for each sub - contractor
or sub - consultant. All coverage for sub - contractors or sub - consultants shall be subject
to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination
of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or
pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant
and its agents in the performance of services under this contract, but this indemnity does not
apply to liability for damages for death or bodily injury to persons, injury to property, or other
loss, arising from the sole negligence, willful misconduct or defects in design by the City, or
arising from the active negligence of the City.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include all
Design — ProfSvcsAgreementNovember 20, 2008
PAGE 5 OF 7
costs associated with defending the claim, including, but not limited to, the fees of attorneys,
investigators, consultants, experts and expert witnesses, and litigation expenses.
References in this paragraph to City or Consultant, include their officers, employees, agents,
and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and all
documents or reports and supportive data prepared by Consultant under this Agreement are
owned and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no additional cost
to City. Deliverables are identified in the Scope -of -Work, Attachment "A ". All documents
produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant
shall produce the digital format, using software and media approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States,
the State of California, and all local governments having jurisdiction over this Agreement. The
interpretation and enforcement of this Agreement shall be governed by California law and any
action arising under or in connection with this Agreement must be filed in a Court of competent
jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set
forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement of
both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not
assign, transfer, or sub - contract its interest or obligation under all or any portion of this
Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be
a waiver of any other or subsequent breach of the same or any other covenant, term or
condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the
Agreement; 2) because funds are no longer available to pay Consultant for services provided
under this Agreement; or 3) City has abandoned and does not wish to complete the project for
which Consultant was retained. A party shall notify the other party of any alleged breach of
the Agreement and of the action required to cure the breach. If the breaching party fails to
cure the breach within the time specified in the notice, the contract shall be terminated as of
that time. If terminated for lack of funds or abandonment of the project, the contract shall
terminate on the date notice of termination is given to Consultant. City shall pay the
Consultant only for services performed and expenses incurred as of the effective termination
date. In such event, as a condition to payment, Consultant shall provide to City all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and
reports prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed hereunder,
Design — ProfSvcsAgreement- November 20, 2008
PAGE 6 OF 7
subject to off-set for any direct or consequential damages City may incur as a result of
Consultant's breach of contract.
7.9 Execution of Agreement This Agreement may be executed in duplicate originals. each
beanng the original signature of the parties. Alternatively, this Agreement may be executed
and delivered by facsimile or other electronic transmission. and in more than one counterpart,
each of which shall be deemed an original. and all of which together shall constitute one and
the same instrument. When executed using either alternative. the executed agreement shall
be deemed an original admissible as evidence in any administrative or judicial proceeding to
prove the terms and content of this Agreement.
8 0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally
delivered or deposited in the mad (certified or registered) addressed to the parties as follows•
CITY OF UKIAH
DEPT OF COMMUNITY SERVICES
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482 -5400
9.0 SIGNATURES
ANN BAKER LANDSCAPE ARCHITECTURE
ATTN: ANN BAKER
1016 MCNEAR AVENUE
PETALUMA, CALIFORNIA 94952
IN WITNESS WHEREOF. the parties have executed this Agreement the Effective Date
ANN BA _ LANDSCAPE AR TECTURE
BY' .
PRINT NAME:
74-A{ xt I3r4K &
”- /2 75 y-Z
IRS IDN Number
CITY OF UKIAH
BY
5 ._._�
CITY MANAGER
ATTEST
CITY CLERK
Doors - MR.na,rre.,e.s li.,aaia.. as �m
Date
Date
Date
May 11,2015
Attachment "A" — Contract 1415200
Ann Baker Landscape Architecture
Grace Hudson Museum Nature Education
Scope of Work for
Construction Administration and Construction Observation
for the Grace Hudson Museum Nature Education Project
The following scope of work describes the tasks and deliverables the Consultant Team ( "Con-
sultants") will follow to provide Construction Administration, Construction Observation and Ex-
hibit Development and Adaptive Management Services.
Task 1 CONSTRUCTION ADMINISTRATION (T &M)
Subtask 1.01 Construction Administration
Consultants will provide Construction Administration including but not limited to the routing,
review and approval of project submittals, substitutions, project schedules, project pay applica-
tion requests, SWPPP filings, and close out procedures. Consultant will provide clerical support
to assemble project records in organized project binders. This task will be provided on a time
and materials basis and a budget of hours is delineated in the fee schedule.
Deliverables: RFIs, Submittal Review, Project Schedule Review, Payment Review, Project Rec-
ord Binders, Close Out Documentation
Subtask 1.02 Construction Observation
Consultants will observe the Construction process and review progress with Client and Contrac-
tor on a daily basis for an average of two hours four days a week and a full day one day a week.
Consultants will conduct one weekly meeting with the Owner, Design Team members and Con-
tractor and provide agenda and meeting minutes. Consultants will provide updated drawings,
sketches and/or materials to respond to issues that arise during construction. Consultants will
provide on -site construction materials inspections and testing, surveying as described in the front
May 11, 2015 Attachment "A" — Contract 1415200
come generally familiar with the Work in progress and to determine, in general, if the Work is
proceeding according to the Contract Documents. Based on this general observation, Consult-
ants shall keep the Client informed about the progress of the Work and shall advise the Client
about observed deficiencies in the Work.
Consultants shall not supervise, direct or have control over the Contractor's work nor have any
responsibility for the means, methods, techniques, sequences or procedures selected by the Con-
tractor, nor for the Contractor's safety precautions or programs in connection with the Work.
These rights and responsibilities are solely those of the Contractor in accordance with the Con-
tract Documents. Consultants shall not be responsible for any acts or omissions of the Contrac-
tor, any subcontractor, or any entity performing any portions of the Work or any agents or em-
ployees of any of them. Consultants do not guarantee the performance of the Contractor and
shall not be responsible for the Contractor's failure to perform it's Work in accordance with the
project schedule or in accordance with the Contract Documents or any applicable laws, codes,
rules or regulations.
Specific Exclusions from this Scope of Work:
Hazardous Materials Investigations and Remediation
Construction Management
Environmental Impact Reports
Testing and Inspection
Attachment "13" • Contract 1415200
Grace Hudson Museum Nature Ed. Facility
Ann Baker Landscape Architecture
traction Administration & Exhibit Development Fee Schr
Description
Estimated
Work Period
ABLA
Ann Baker
1145 per hour
Hours Amount
ABLA
Associate
115 per hour
Task 1 - Construction Administration T &M
1.01 Construction Administration
1.02 Construction Observation
1.03 CA & CO Tier 2 Services
1.04 Maintenance & Operations Manual
CA Subtotal
Task 2 - Exhibit Develo.ment and Adaptive Mana :ement
7/2015- 2/2016
7/2015- 2/2016
7/2015- 2/2016
1 -2 -16
2.01 Exhibit Development Services 7/2015- 1/2017
2.02 Adaptive Management ♦ Additional Plantings 2016
Exhibit Development Subtotal
Taskl & 2 Total
Estimated Reimbursable Expense @ 10%
30.00
54.350 0.00 SO
PGA PGA
Principal Land. Architect
160 per hour 140 per hour
Architect
Principal
145 per hour
Architect Structural Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Potomac Electrial Engineer
Associate Principal Principal Design Engineer Inspector Survey Crew Survey Calculations DSD /OSP /SWPPP Clerical Principal Principal
115 per hour 120 per hour 145 per hour 100 per hour 110 per hour 170 per hour 125 per hour 130 per hour 55 per hour 185 per hour 150 per hour
____IIIIIIIIIMMI_NIMMIMM11___ 111111111111111_
8.00 51.280 0.00 S0 12.0 11,740 72.0 18.280 0.0 50 50.0 17,210 340.0 134,000 10 S0 12.0 51.500 20.0 12,600 420.0 523,100 4.0 1740
72.00 010,440 8.00 5920 8.00 01,280 12.00 01.680 22.0 03.190 45.0 15,175 20.0 12,400 8.0 11,160 50.0 15,000 360.0 539,600 27.0 14,590 0.0 10 0.0
16.00 12,320 10.00 11,150 0.00 S0 0.00 SO 8.0 51,160 8.0 1920 0.0 S0 0.0 SO 110.0 011,000 120.0 113,200 0.0 SO 0.0 SO 0.0
16.00 02,320 8.00 9920 0.00 10 0.00 SO 0.0 S0 0.0 SO 0.0 10 0.0 SO 0.0 50 0.0 SO 0.0 10 0.0 10 10.0
134.00 519,430 26.00 52,990 16.00 SZ,560 12.00 11.680 42.00 56,090 125.00 114,375 20.00 52,400 58.00 18,410 500.00 150.000 480.00 152,800 27.00 14.590 12.00 01.500 30.00
150.00 02 72.00 58,280 0.00 50 0.00 SO 20.0 12.900 40.0 54.600 0.0 10 0 0 $0 0.0 10 o
40.00 15,800 8.00 5920 0.00 10 0.00 SO
190 127,550 80 19.200 0 S0 0 10
10 10 SO 50
324.00 146.980 106.00 512,190 16.00 52,560 12.00 11.680
0.0 S0 0.0 S0
20 12.900 40 14.600
SO SO
62.00 18.990 165.00 518.975
8.0 11.200 186,040
S0 0.0 10 24.0 14.440 16.0 12,400 582.275
10 140.0 57,700 12.0 12,220 80 S39,670
81,300 0.0 S0 6.0 11,110 S0 15.650
13,900 060.00 130,800 46.00 18,510 24.00 13.600 1213,635
_-
10 0.0 50 0.0 SO 0.0 SO 0.0 10 So 137,530
S0 0.0 SO 0.0 SO 10 56,720
SO 0 SO 0 S0 0 10 137,530.00
SO 10 10 80
13,900 560.00 530,800 46.00 18,510 24.00 13.600 1257,885
525,789
0.0 SO 0.0 SO 0.0 SO 0.0 S0 0.0 80 0.0 10 0.0
0 SO 0 SO 0 SO 0 SO 0 80 0 50 0
50 SO S0 SO S0 10
20.00 12,400 58.00 18,410 500.00 150,000 480.00 552.800 27.00 54.590 12.00 51,500 30.00
Total 0283,67350
Attachment "C"
PREVAILING WAGE NOTICE
Contract 1415200
Consultant agrees to comply with the following requirements.
1. New SB 854 requirements
1.1 No contractor or subcontractor may be listed on a bid proposal for a public
works project (submitted on or after March 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)] .
1.2 No contractor or subcontractor may be awarded a contract for public work
on a public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
1.3 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
1.4 The Labor Commissioner through the Division of Labor Standards
Enforcement (DLSE) may at any time require contractors and subcontractors to furnish
electronic certified payroll records directly to DLSE. Commencing with contracts
awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic
certified payroll records directly to the DLSE.
1.5 The Prime Contractor is required to post job notices at the job site as
prescribed by regulations (currently, 8 CCR § 16451(d).)
2. Use of Employees.
2.1. Contractor and any subcontractors shall pay all mechanics and laborers
employed by them to work upon the site of the work unconditionally and without
subsequent deductions or rebate on any account the full amounts due at the time of
payment at wage rates not less than those contained in the applicable prevailing wage
determination, regardless of any contractual relationship which may be alleged to exist
between the Contractor and subcontractors and such laborers and mechanics.
2.2. Contractor shall comply with the California Labor Code Section 1775. In
accordance with said Section 1775, Contractor shall forfeit as a penalty to the City,
$50.00 for each calendar day or portion thereof, for each workman paid less than the
stipulated prevailing rates for such work or craft in which such workman is employed for
any work done under the Contract by him or her or by any subcontractor under him or her
in violation of the provisions of the Labor Code and in particular, Labor Code Sections
• 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the
difference between such stipulated prevailing wage rates and the amount paid to each
workman for each calendar day or portion thereof for which each workman was paid less
than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
1
2.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of
California, City has ascertained the general prevailing rate of wages (which rate includes
employer payments for health and welfare, vacation, pension and similar purposes)
applicable to the work to be done, for straight time work. The holiday wage rate listed
shall be applicable to all holidays recognized in the collective bargaining agreement of
the particular craft, classification, or type of workers concerned. Copies of the General
Prevailing Wage Determination are on file in the office of the City Engineer and are
available to the Contractor on request. The Contractor shall post the wage determination
at the site of work in a prominent place where the workers can easily see it.
2.4. City will not recognize any claim for additional compensation because the
Contractor has paid any rate in excess of the prevailing wage rate obtained by the
Engineer. The possibility of wage increases is one of the elements to be considered by the
Contractor in determining his or her bid and will not in any circumstances be considered
as the basis for a claim against the City.
2.5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each worker needed to
execute the work in accordance with the requirements in Section 1773.8 of the Labor
Code (Chapter 880, Statutes of 1968).
2.6. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes
of 1968) and 1777.6 of the California Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him. Contractor and any
subcontractor under him or her shall comply with the requirements of said sections in the
employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing
penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing
wages), 1776 (requiring contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813 (imposing penalties
for failure to make records available for inspection) and 1815 (requiring time and 1/2 for
overtime) are available at the Department of Industrial Relations website at
http: / /www.dir.ca.gov/
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