HomeMy WebLinkAboutContracts & Agreements_186-2010_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES
This agreement for labor compliance consulting ("Agreement") is made and entered into
this 16th day of December, 2010 ("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 L- ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform labor compliance consulting services for the
Citv of Redlands Project No. 73403, Photovoltaic System at the Water Reclamation
Facility (the "Services"). The specific Services which Consultant shall perform are more
particularly described in Exhibit 'A" entitled "Scope of Services," which is attached
hereto and incorporated herein by this reference.
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.
1.3 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of its obligations under this Agreement including, but not limited to,
the Americans with Disabilities Act.
ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
ARTICLE 3 - PAYMENT AND NOTICE
3.1 City shall compensate Consultant for the Services in accordance with the schedule and
rates identified in Exhibit "B," entitled "Project Costs and Fee Schedule," which is
attached hereto and incorporated herein by this reference, up to an amount not to exceed
the sum of Four Thousand One Hundred Sixteen Dollars ($4,116).
3.2 Payments by City to Consultant shall be made within thirty (30) days after receipt and
approval by City of Consultant's invoice. Invoices shall be sent to City on a monthly
basis. Consultant's invoices shall include a brief description of the Services performed,
nt and bv whom,dates the Services were performed, and the number of hours spe
33 All notices shall be given in writing by personal delivery or by mail. Notices, sent by
mail should be addressed as follows:
City: Les Jolly
Interim Quality of Life Director
City of Redlands
PO Box 3005
Redlands, CA 92373
Consultant: Christa J. Marasco
President
Alliant Consulting, Inc.
555 Cajon Street, Suite A
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 who notices are
to be given by giving notice pursuant to this section.
ARTICLE 4 - INSURANCE AND INDEMNIFICATION
4.1 Insurance. All 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 all 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.
4.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain
Workers' Compensation and Employer's Liability Insurance throughout the duration of
this Agreement in accordance with the laws of the State of California, with an insurance
carrier acceptable to City.
4.3 Hold Harmless and Indemnification.
a. 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 Consultant's and its officers', employees' and
agents' sole negligent acts or sole negligent omissions in performing the Services.
b. City shall defend, Indemnify and hold harmless Consultant and its officers,
I
employees and agents from and against any and all claims, losses or liability,
I zn
including attorneys' fees, arising frorn injury or death to persons or damage to
property occasioned by City and its elected officials., employees and agents sole
negligent acts or sole negligent omissions.
4.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of One Million Dollars (S 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. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
4.5 Business Auto Liability Insurance, Consultant shall have business auto liability coverage
with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined
single limit for 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. Such insurance shall be primary and non-
contributing to any insurance or self insurance maintained by City.
ARTICLE 5 - GENERAL CONSIDERATIONS
5.1 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 use
of in-house counsel by a Party.
5.2 Consultant shall not assign any of the Services to be perfon-ned under this Agreement,
except with the prior written approval of City and in strict compliance with the teens,
provisions and conditions of this Agreement.
5.3 All documents, records, drawings, designs, cost estimates, electronic data files, databases,
and other documents developed by Consultant pursuant to this Agreement, 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 will be at City's sole risk.
5.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any 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.
5.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
5.6 This Agreement may be terminated by either Party, in its sole discretion and without
cause, by providing thirty (30) business days* prior written notice to the other Party
(delivered by certified mail. return receipt requested) of intent to terminate.
5.7 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.
5.8 Upon receipt of a termination notice, Consultant shall immediately discontinue all
Services affected, and within five (5) business 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 any 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 work completed up until notice of termination.
5.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Consultant.
5.10 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. Any amendment to this Agreement shall be in
writing, approved by City and Consultant.
5.11 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS:
By.
Tina Kundig, Finance Director/ City easurer
ATTEST:
By:
Sam burin,�Civk
ALLIANT CONSULTING INC.
s
By:
Exhibit A
"Scope of Services"
I. Education Phase
1. Competitive Bidding
Alliant Consulting will review project specifications for compliance with current State and Federal
labor regulations and requirements. Alliant shall attend a pre-construction meeting to clarify the
Prevailing Wage requirements for each project, distribute introductory packets to the successful
bidder, 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 representative of the City. At this meeting, the applicable federal and state
requirements and the contractual obligations of Labor Compliance will be discussed., and a
summary of the requirements will be signed by the 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.
11. Monitoriny,and Review Phase
4. Collection and Review of Compliance Documentation
Alliant Consulting shall perforin all labor compliance documentation in accordance with Davis-
Bacon and related Acts and all other David 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
Benefits Statements and Payroll Authorization for Deductions will be requested and reviewed. Any
discrepancies, omissions, or inaccuracies in the submitted payroll will be noted, and Alliant shall
request, via certified mail, immediate clarification, or correction from the Contractor. On-going,
regular communication with the Contractors by the Awarding Body is intended to keep violations to
a minimum. However, the City will receive monthly Compliance Letters from Alliant Consulting
on behalf of the project stating the project or the specific month is compliant and coordinate with
the city staff the withholding of progress and/or retention payments if the 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 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.
Alliant Consulting will perforin necessary labor compliance interviewing of employees on site,
using appropriate forms and collection of proper work classifications 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 the Apprentice law pursuant to CA Labor Code 1777.5. Should there be a
continuous failure by a contractor to stay in compliance; Alliant will request special action to be
taken.
IV. Enforcement Phase
7. Report to DIR/DOL
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 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 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 a Notice of Completion is filed, Alliant Consulting will submit
completed labor compliance project files with complete Federal and State 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 the DOL, as well as a Notice of Right to Review in Formal Hearing to the
Contractor.
V. Hearin 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 and review. Alliant
shall represent the City at pre-hearing conferences,, settlement hearings, and formal hearings, as
necessary to bring the matter to a 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. Reportiny, Phase
10. Annual Report to DIR/ Reports to DOL
Alliant Consulting shall submit to the Director of the DIR, on behalf of the 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 a minimum,the following information:
I. 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 the 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.
EXHIBIFF
Proiect 40-3
A1nt Consuffirigg, Inc,
Fee Schedule'
The City of Redlands-Photovoltaic System at the Water Reclamation Facility Project
For full Prevailing Wage Monitoring and Enforcement, Alliant ti ' fee. 1
Weed 11
File Set tip I Pre-ConstructionMeefing l Annual Process Fee* $1,600
Payroll Revlew� ,Cdrrespontleaoe, S4ZOO hr for est 1airper week for 4ka we
duration=$01
Weekly i
site Interviews and mamas-. $11SO per week for 4 weeks
Estimated Not to Exceed Amount; $4,116
This fee schedule and not t t is good for one and is good for
this project only. It is based on a full project audit and LCP implarnentationfor the
above mentioned r tt is based an a single prime contractor and four 1 ) weeks
to duratfon. For extension of servicew past existing requirements,„ Allit Consulting
will honor the same hounly amount but the Not toExceedamount will be changed t
reflect the changes to Scope ofWork.
Afitant ns tttn ' orr tto t -st wN cov&r tuft revise of cartified pay oltf orgoing
communication t "ted patties for resakution of any issues_ issuaincef of repionts lo, the
state for non-compliance W necessary, site interviews and nourthe foornttGe reports as
mandated by gr Awardinly Agency,
Fees, for Hearing Revise
Shouldcase bee prepared by Alliant for w-Ah1hollding andjo` fi gabon that leads t
Hearing for a noncompliant cont do over the nor mall Scope- of l a rk due to Heating; It
result in additional costs, of $6,5 per hour, plus dir t material expenses These Costs Wil;
t be included unle there is a ease where l i� tion p mush be prepared for the
State's formal review of forfeetures and wilhholding. Ever, ffor
W01. be madle by Al eit
Consuffing to keep the Contrador in compliance wfth the Jaws of the Lahr Codes in
menwof Services
A111ant Consulting estimates 30 personnel hours forPhase i Education activitles, Phase If
requires approximately two to three hours per week,for payroll review and for every Tori
workers, and ton hour per month of e ,rnonittoring'for every tan worked, including traivel
tidier Personnel 'hours required for Phaco III Audit and Investigation,' Phase 'I
Enfor 'menti Phase V Hearing Review and Phase I Annual Report are dependent upon
the compliance,ofthe Conllractors on,eadi
project-
ll seniices listed in the Proposed Method t Accomplish Work, will be provided solely b
iii'-=t Coit