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HomeMy WebLinkAboutAdvanced Security Systems 2016-11-15; 2016-11-15 Amendment 1C&bc , O 11- t 7- ! 3 f -Al AMENDMENT 1 TO AGREEMENT 2016_0608_000 BETWEEN ADVANCED SECURITY SYSTEMS and THE CITY OF UKIAH This Amendment No. 1, entered on October 3, 2016, revises the Agreement for Fire, Life Safety Inspection & Compliance services dated October 3, 2016 between the City of Ukiah and Advanced Security Systems (AS). This Amendment No. 1 changes the agreement as follows: A. Add following paragraphs under GENERAL TERMS AND CONDITIONS: 11. AS shall name CUSTOMER as an additional insured under the AS Commercial General Liability insurance policy. Prior to performing services hereunder, AS shall provide CUSTOMER with a Policy Endorsement naming CUSTOMER as an additional insured and an Accord form Certificate of Insurance, requiring 30 days prior written notice to CUSTOMER of cancellation of the policy or failure to maintain the policy in full force and effect. Coverage of CUSTOMER as an additional insured under the AS policy shall not be affected or limited by any of the other paragraphs 1-10 under these GENERLA TERMS AND CONDITI6NS. 12. Prevailing Wage Requirements: AS agrees to comply with the following requirement. A. New SB 854 requirements 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)]. 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. 3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. Amendment I I Agreement #20160608000 5. The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR § 16451(d).) B. Use of Employees. 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. Contractor shall comply with the California Labor Code Section 177;5. 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. 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. 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. 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). 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 Amendment l 2 Agreement #20160608000 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 t/2 for overtime) are available at the Department of Industrial Relations website at hM2://www.dir.ca.gov/ Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect. IN WITNESS AMENDMENT ON Tl ADVANCEDSE BY: PRINT NAME & TITI CITY OF UKIAH THE PARTIES HAVE EXECUTED THIS DATE: (AS) DATE: BY: ✓`"" DATE: SA SANGIAC O, CITY MANAGER ATTEST BY: DATE: ISTINE LAWLER, CITY CLERK Amendment 1 I Agreement #20160608000