HomeMy WebLinkAboutContracts & Agreements_66-2013_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with labor compliance program
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monitoring and enforcement services ("Agreement") is made and entered in this 8 day of April,
2013 ("Effective Date"), by and between the City of Redlands, a municipal corporation CicityYl
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 program monitoring and
enforcement services for City(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 Chris Boatman, Senior Project Manager, 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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4.2 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 Eight Hundred Fifty One Dollars{$851). 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 "M 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
Fred Cardenas, Director Alliant Consulting, Inc.
Quality of Life Department 555 Cajon Street, Suite A
City of Redlands Redlands, CA 92373
35 Cajon Street, Suite 222
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
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prohibiting cancellation or modification of the policy except upon thirty('10)days prior
written notice to City.
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 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.
6.5 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:
(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, and databases 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
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been employed by City or engaged by City for the account of, or on behalf of City.
Consultant 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 five (5)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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS ALLIANT CONSULTING, INC
By: By: IL"Jz�) "r�4"—&
_
Tina Kundig,Finance Director
Attest:
Sam Irwin, ity Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
L Education Phase
1. Competitive Bidding
Alliant Consulting will review project specifications for compliance with current State and
Federal labor regulations and requirements. Alliant Consulting shall assist the City of
Redlands in developing language for their bid advertisements and invitations to include
the requirements of a Labor Compliance Monitoring. Alliant shall conduct or attend a
pre-bid meeting to clarify the Prevailing Wage requirements for each project, distribute
introductory packets to prospective bidders, and answer Contractors' and City's
questions regarding the Labor Compliance Monitoring and enforcement.
2. Pre-Construction Meeting
Alliant Consulting shall conduct or attend a job start meeting with the Prime Contractor,
all listed subcontractors, and a representative of the City. At this meeting, the
applicable federal, state, and Section 3 requirements and the contractual obligations of
Labor Compliance will be discussed, and a summary of the requirements will be signed
by representatives of the Prime Contractor, all subcontractors, City, and Alliant. A copy
of project-specific related documents, as well as applicable blank forms, Prevailing
Wage posters and determinations, meeting minutes, and attendance record will be
distributed to the City, and the applicable forms to the contractor.
3. Outreach Activities
In addition to presentations at all job start meetings, Alliant Consulting shall provide in-
service training to City personnel regarding payroll collection and review, and
enforcement. Alliant shall also periodically conduct workshops with contractors
interested in public works projects.
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Alliant Consulting, Inc.
Method to Accomplish the Work
11. Monitodn_q and Review Phase
4. Collection and Review of Compliance Documentation
Alliant Consulting shall perform all labor compliance documentation in accordance with
Davis-Bacon and related Acts. Alliant Consulting will perform all compliance
documentation in accordance with Section 3 project participation and all other Davis
Bacon requirements for this project. Alliant Consulting will request and ensure receipt
of labor compliance required documents and weekly certified payroll records of all
workers from the Contractor on each project. The listed wage rate for every worker will
be compared to the prevailing wage rates posted by Davis-Bacon for each trade and
work classification. Apprentice hours will also be checked to ensure proper standards
are met; also Fringe Benefit Statements and Payroll Authorization for Deductions will be
requested and reviewed. Any discrepancies, omissions, or inaccuracies in the submitted
payrolls will be noted, and Alliant shall request, via certified mail, immediate clarification,
or correction from the Contractor. On-going, regular communication with the
Contractors and the Awarding Body is intended to help keep violations to a minimum.
However, the City will receive Monthly Compliance Letters from Alliant Consulting on
behalf of the project stating the project for the specific month is compliant and
coordinate with the city staff the withholding of progress and/or retention payments if
contractor fails to abide by labor compliance requirements.
5. Site Monitoring
Alliant Consulting shall obtain work schedules from the Contractor or Project Manager
for the project and provide them to site monitors in order to better coordinate site visits
and increase efficiency, while minimizing impact on the productivity of the workers. Site
interview forms will be provided to the monitors for their use in conducting random work
site interviews with 2-3 workers per contractor.
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Alliant Consulting, Inc.
Method to Accomplish the Work
Alliant Consulting will perform necessary labor compliance interviewing of employees on
site, using appropriate forms and collection of proper work classifications weekly as
mandated by State and Federal Regulations or more often as necessary to investigate
possible violations or claims filed by workers. Alliant also will verify documents, job-site
posting of wage rate information and labor compliance posters. Alliant shall enter the
information collected during these on-site interviews into a database for future reference
and for use in performing audits of the payroll records, if necessary.
111. Audit and Investigation Phase
6. Investigation, Audit of Certified Payrolls and Compliance
Documentation
Alliant Consulting shall promptly investigate any unresolved violations or claims of
inadequate payment of wages or fringe benefits made by workers. Paycheck stubs,
time cards, daily logs, and any other applicable payroll records may be requested from
the Contractor and subcontractors, and will be compared with the submitted certified
payrolls for that project. Alliant shall conduct additional worker interviews, and maintain
an open line of communication with workers on the project site in question. In addition
to investigating payment of prevailing wage rates and benefits, Alliant shall audit
workers' compensation insurance coverage, apprenticeship training, and trust
contributions, work hour records including overtime wages, and illegal taking of wages
(kickbacks). Alliant also enforces Apprentice law pursuant to State and Federal
requirements. Should there be a continuous failure by a contractor to stay in
compliance; Alliant will request special action to be taken.
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Alliant Consulting, Inc.
Method to Accomplish the Work
IV. Enforcement Phase
7. Report to DIRIDOL
In the event that a violation is not remedied within 10 days of notification to the
Contractor, Alliant shall prepare a report to the DIR describing the alleged violation,
including the audit forms, and supporting documentation. The report will be
accompanied by a Notice of Transmittal of the violation, as well as a recommendation
for withholding of payments and penalties, if applicable. The affected Contractor and
the City will also receive a copy of this report, along with a Notice of Right to Review
Evidence.
In the event that a Contractor is found to have committed a willful violation of the Labor
Code, Alliant may also submit a report to The City and Labor Commissioner
recommending debarment of that Contractor from bidding on or being awarded any
public works contract for up to three years.
When the Project is completed and Notice of Completion is filed, Alliant Consulting will
submit completed project labor compliance project files with complete Federal, State,
HUD, and Section 3 compliance documents for retainage.
8. Withholding and Forfeiture
Upon approval of the amount of forfeiture, including underpayments and penalties, by
the Labor Commissioner, Alliant Consulting shall authorize the withholding of contract
payments to the Contractor. Alliant shall send, by certified mail, a Notice of Withholding
of Contract Payments to the Contractor and DOL, as well as a Notice of Right to Review
in Formal Hearing to the Contractor.
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Alliant Consulting, Inc.
Method to Accomplish the Work
V. Hearing Phase
9. Hearing Review
Upon receipt of a Notice of Right to Review, a Contractor may request a formal hearing
to review the withholding of contract payments. Alliant Consulting shall collect and
transmit to DIR the appropriate documentation, and work with the attorneys to properly
prepare for the review. Alliant shall represent the City at pre-hearing conferences,
settlement meetings, and formal hearings, as necessary, to bring the matter to
conclusion. The City's own attorney may be required in this case as Alliant is not a
legal firm. Alliant Consulting will do everything possible to prevent a case from entering
a Hearing Phase.
V1. Report Phase
10. Annual Report to DIR/Reports to HUDIDOE
Alliant Consulting shall submit to the Director of DIR, on behalf of each participating
City, an annual report on the operation of the Labor Compliance Program within sixty
(60) days after the close of its fiscal year. The annual report shall contain, at the
minimum, the following information:
1. The number of public works contracts awarded using Bond Act funds, and their
total value;
2. A summary of wages due to workers resulting from failure by contractors to pay
prevailing wage rates, the total amount withheld from money due to the
contractors, and the total amount recovered by action in any court of competent
jurisdiction;
3. A summary of penalties and forfeitures imposed and withheld, or recovered in a
court of competent jurisdiction;
4. The number, description, and total value of contracts awarded that are exempt
from requirements of payment of prevailing wages, if any.
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EXHIBIT 11Bff
PROJECT SCHEDULE
Alliant Consulting estimates 30 personnel hours for Phase I Education activities. Phase 11
requires approximately two to three hours per week for payroll review and for every ten
workers, and ten hours per month of site monitoring for every ten workers, including travel
time. 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.
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EXHIBIT "C"
PROJECT COSTS
Project cost shall not exceed: $851
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EXHIBIT "D11
RATESCHEDULE
For full Prevailing Wage Monitoring and Enforcement, Alliant Consulting's fee is
based on the following:
File Set Up/ Pre-Construction Meeting / Annual Report Process Fee: $ 500
Payroll Review, Correspondence: $ 46.00 / hr for est. 6 hours per week for 1 week
duration = $ 276
Weekly site interviews and summaries: $75 per week for I visit= $ 75
Estimated Not to Exceed Amount: $851
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 full project audit and CCP implementation for the above
mentioned project. It is based on an estimated construction cost of$13,000 and two days
in duration. For extension of services past existing 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. *
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 per hour, plus direct material expenses. These costs
will not be included unless there is a case where a litigation package mush 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.
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EXHIBIT `E'
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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: e,-15
-Christa J. c President Date:
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