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Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
<br />wage rates and the performance of other requirements on "public works" and "maintenance"
<br />projects. If the Services are being performed as part of an applicable "public works" or
<br />"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
<br />$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
<br />provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
<br />commencement of this Agreement. Consultant shall make copies of the prevailing rates of per
<br />diem wages for each craft, classification or type of worker needed to execute the Services
<br />available to interested parties upon request, and shall post copies at the Consultant's principal
<br />place of business and at the project site. It is the intent of the parties to effectuate the
<br />requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
<br />within this Agreement, and Consultant shall therefore comply with such Labor Code sections to
<br />the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its
<br />officials, officers, employees, agents, and volunteers free and harmless from any claim or liability
<br />arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />3.4.2 Registration/DIR Compliance. If the Services are being performed on a
<br />public works project of over $25,000 when the project is for construction, alteration, demolition,
<br />installation, or repair work, or a public works project of over $15,000 when the project is for
<br />maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
<br />1771.1, the Consultant and all subconsultants must be registered with the Department of
<br />Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project
<br />and require the same of any subconsultants.
<br />3.4.3 Compliance Monitoring. This Project may also be subject to compliance
<br />monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with
<br />all applicable registration and labor compliance requirements, including the submission of payroll
<br />records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
<br />subconsultant that affect Consultant's performance of services, including any delay, shall be
<br />Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
<br />be considered Consultant caused delay and shall not be compensable by the City. Consultant
<br />shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
<br />harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
<br />or any subconsultant.
<br />3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it
<br />is aware of the provisions of Section 3700 of the California Labor Code which require every
<br />employer to be insured against liability for Worker's Compensation or to undertake self-insurance
<br />in accordance with the provisions of that Code, and agrees to comply with such provisions before
<br />commencing the performance of the Services.
<br />3.5 Termination of Agreement.
<br />3.5.1.1 Grounds for Termination. City may, by written notice to
<br />Consultant, terminate the whole or any part of this Agreement at any time and without cause by
<br />giving written notice to Consultant of such termination, and specifying the effective date thereof,
<br />at least seven (7) days before the effective date of such termination. Upon termination, Consultant
<br />shall be compensated only for those Services which have been adequately rendered to City, and
<br />Consultant shall be entitled to no further compensation. Consultant may not terminate this
<br />Agreement except for cause. The rights and remedies of the City provided in this section shall
<br />-10- PROFESSIONAL SERVICES AGREEMENT
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