HomeMy WebLinkAboutContracts & Agreements_192-2012_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with labor compliance monitoring
and enforcement services ("Agreement") is made and entered in this 14th day of November,
2012 ("Effective Date"), by and between the City of Redlands, a municipal corporation("City)"
and Alliant Consulting Inc. ("Consultant"). City and Consultant are sometimes individually
referred to herein as a"Party" and, together, as the "Parties." In consideration of the mutual
promises contained herein, City and Consultant agree as follows:
ARTICLE I — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide labor compliance monitoring and enforcement
services for City's Development Services Department (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2—SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A,"entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including,but not limited to State prevailing wage
laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Janet Miller, Project Manager 11, as City's representative with respect to
performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule," which
is attached hereto and incorporated herein by reference. The Services shall commence
within ten(10) days of the Effective Date of this Agreement.
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42 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff.
ARTICLE 5 —PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of three thousand seven hundred and thirty five dollars ($3,735). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, in accordance
with Exhibit"C" entitled "Project Costs," and based upon the hourly rates shown in
Exhibit"D,"entitled "Rate Schedule." Both Exhibits "C" and "D" are attached hereto
and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by-whom, and a description of reimbursable expenses related to the project. City
shall pay Consultant no later than thirty(30) days after receipt and approval by City of
Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City Consultant
Janet Miller, Project Manager Christa J. Schott, President
Development Services Department Alliant Consulting, Inc.
City of Redlands 555 Cajon St., Suite A
210 E. Citrus Ave. Redlands, CA 92373
P.O. Box 3005 (mailing)
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6— INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until the required insurance listed below is obtained by Consultant. Consultant shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty(30)days prior
written notice to City.
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6.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California, with an insurance carrier acceptable to City as
described in Exhibit "E," entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
6.3 Consultant shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars($1,000,000) per
occurrence and Two Million Dollars($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made.
6.5 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability
and property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by and negligent act, omission or failure to act by Consultant, its officers, employees and
agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
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(i) the making or any City governmental decisions regarding approval of a
rate, rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorization or
entitlements;
(iii) authoring City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting City approval of policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same
duties for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of interest Code under Government Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial
interests, Consultant shall complete and file a Fair Political Practices Commission Form
700, State of Economic Interests with the City Clerks' office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 —GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Project related documents, records, drawings, designs, cost estimates, electronic data
files, databases and any other documents developed by Consultant in connection with its
performance of the Services, and any copyright interest in such documents, shall become
the property of City and shall be delivered to City upon completion of the Services, or
upon the request of City. Any reuse of such documents, and any use of incomplete
documents, shall be at City's sole risk.
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
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shall have no authority, express by City for the account of, or on behalf of City.
Consultant shall have no authority, express or implied, to act on behalf of City in any
capacity whatsoever as an agent, nor shall Consultant have any authority, express or
implied, to bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however this Agreement
may be terminated by City, in its sole discretion, by providing thirty days(30) days prior
written notice to Consultant (delivered by certified mail, return receipt requested) of
City's intent to terminate. If this Agreement is terminated by City, an adjustment to
Consultant's compensation shall be made,but (1) no amount shall be allowed for
anticipated profit or unperformed Services, and (2) any payment due Consultant at the
time of termination may be adjusted to the extent of any additional costs to City
occasioned by any default by Consultant. Upon receipt of a termination notice,
Consultant shall immediately discontinue its provision of the Services and, within five(5)
days of the date of the termination notice, deliver or otherwise make available to City,
copies(in both hard copy and electronic form, where applicable) of project related data,
design calculations, drawings, specifications, reports, estimates, summaries and such
other information and materials as may have been accumulated by Consultant in
performing the Services. Consultant shall be compensated on a pro-rata basis for Services
completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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IN WITNESS WHEREOF, duly authorizes representative of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS ALLIANT CONSULTING, INC.
By: _ BY f <.>
Tina Kundig, Finance birector -j Christa`Schott, Ire-
Attest:
1
Sam in City Clerk
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City of
REDLANDS OSCARSmices
Dei-eiopFnent Services Director
DEVELOPMENT SERVICES incorporated 1888 ROBERT D.DALQUEST,AICD
Assistant Development Services Director
210 E. Citrus Ave. / P.O. Box 3005, Redlands, CA 92373
909-335-4755/FAX 909-792-8715
www.cityofredlands.org
EXHIBIT "A" - SCOPE OF SERVICES
ALLIANT CONSULTING, INC.
Labor Compliance Services for a Capital Improvement Project funded with Federal
Community Development Block Grant (CDBG) funds.
Construction Contract Amount: NTE $85,000
Project: New sidewalks and ADA Ramps
Construction Period: NTE 60 Calendar Days
Prime Contractor: One (1 )
Sub-Contractors: Maximum of Two (2)
Scope to include review of draft bid document to ensure compliance with all Davis-
Bacon Act requirements and correct Federal and State wage determinations are
being applied, attendance at the pre-construction meeting (1 ), review of the weekly
certified payrolls, preparation of all necessary letters of correction and final
compliance clearance, and conducting the necessary job-site employee interviews.
City of
RIEDLANDS OSC`ARORCI
jjj 13e��etopment Services Director
Incorporated 1888
DEVELOPMENT SERVICES ROBERT D.DALQUEST.AICp
DEPARTMENT Assisiant Development Services Director
210 E. Citrus Ave. /P.O. Box 3005, Redlands, CA 92373
909-335-47551 FAX 909-792-8715
ww.eltvofredlands.org
EXHIBIT "B" - PROJECT SCHEDULE
ALLIANT CONSULTING, INC.
Review Draft Bid Documents TBD
Attend Pre-Construction Meeting TBD
Weekly Certified Payroll Review NTE 60 Calendar Days From
the Date of the First Day of
Actual Construction
r aed
EXHIBIT "C" - PROJECT COSTS
Alliant Consulting, Inc.
Fee Schedule and Proposed Not to Exceed Amount for the
City of Redlands Capital Improvement CDBG Project
Alliant Consulting proposes to provide full Labor Compliance Monitoring and Enforcement services
pursuant to requirements of the Community Development Block Grant (CDBG) funds. Our hourly
rates are inclusive of all time, materials, phone calls, equipment and data for providing such
services. Our site interview rate is inclusive of all mileage, fuel, insurance and drive time to conduct
weekly site interviews throughout the duration of the project. The interview rate is also inclusive of all
site interview summaries.
Alliant Consulting proposes to be compensated for services provided pursuant to the rates below:
For full LCP implementation, Alliant Consulting's fee is based on the following:
File Set Up I Pre-Construction Meeting I Annual Report Process Fee: $1,500
Payroll Review, $42.001 hr for est. 4 hours per week for 2 months duration = $1,455
Weekly site interviews, $90 per week for 2 months = $780
ESTIMATED NOT TO EXCEED TOTAL: $ 3,735
*This fee schedule and not to exceed proposal is good for one year, and is good for this project only.
It is based on a construction cost of$85,000, the scope provided by the City of Redlands and a time
duration of 60 calendar days. For extension of services due to project delays, change orders or
additional services past grant requirements, Alliant Consulting will honor the same hourly amount but
the Not to Exceed amount will be changed to reflect the changes in Scope of Work. *
Alliant Consulting's monitoring cost will cover full review of certified payroll, on-going communication
to affected parties for resolution of any issues, issuance of reports to the state for non-compliance if
necessary, site interviews, and routine compliance reports as mandated by City or CDBG grant
requirements.
Fees for Hearing Review
Should a case be prepared by Alliant for withholding and/or litigation that leads to a Hearing for a
noncompliant Contractor over the normal Scope of Work due to Hearing, it will result in additional costs of$65
Baer hour, plus direct material expenses. These costs will not be included unless there is a case where a
litigation package must be prepared for the State's formal review of forfeitures and withholding. Every effort
will be made by Alliant Consulting to keep the Contractor in compliance with the laws of the Labor Codes in
California.
Menu of Services
Personnel hours required for Phase III Audit and Investigation, Phase IV Enforcement, Phase V Hearing
Review, and Phase VI Annual Report are dependent upon the compliance of the Contractors on each project.
All services listed in the Proposed Method to Accomplish Work, will be provided solely by Alliant Consulting,
Inc.
City of
REDLANDS OSCAR OncI
Qevefoprnent Services Director
DEVELOPMENT SERVICES Incorporated t888 ROBERT D.DALQUEST,ACCP
DEPARTMENT Assistant Development Services Director
210 E. Citrus Ave.)P.O. Box 3005, Redlands,CA 92373
909-335-4755/FAX 909-792-87 l5
www.cityofredlaiids.org
EXHIBIT "D" - RATE SCHEDULE
ALLIANT CONSULTING, INC.
File Setup/Pre-Con Meeting/Annual Report $1 ,500 (flat fee)
Payroll Review $42 per hour
Site Interview* $90 per week
Hourly rates are inclusive of all time, materials, phone calls, equipment and data for
providing such services.
*Interview rate is inclusive of all site interview summaries.
Hearing Review $65 per hour, plus direct expenses
(not including in current scope)
"Atr DwWoass"
EXHIBIT 46 E 91
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code§1861).
ALLIANT CONSULTING, INC.
By: 2
Christ d' Pre�ident
Date:
E-i