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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with Alliant Consulting Inc.
("Agreement") is made and entered in this 26th day of June,2014 ("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 provide Labor Compliance services for City's Quality
of Life 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 Kathleen Giorgianni, Sr. Administrative Analyst,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 Four Thousand Eight Hundred Fifty Dollars ($4850.00). 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 Hourly Rates."Exhibit"C" is 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 Services. City shall ay
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:
by 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
PO. 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 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City,or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit"D,"entitled
"Workers' Compensation Insurance Certification,"which is attached hereto and
incorporated herein by this reference prior to performance of the Services.
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 or omission by,or the willful misconduct of, Consultant, or 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 of any City governmental decisions regarding approval of a
rate,rule or regulation, or the adoption or enforcement of laws;
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(ii) the issuance,denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorization or
entitlements;
(iii) authorizing 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, Statement of Economic Interests,with the City Clerk's 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 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 its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all 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 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. This Agreement may be terminated
by City, in its sole discretion, by providing not less than 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.
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.
IN WITNESS WHEREOF,duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
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CITY OF REDLANDS ALLIANT CONSULTING, INC.
1
BY: �i By:
Tina Kundig, Finance Director rista.S st
Attest:
;�z
Sam Irwin, Ci6 Clerk
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Exhibit "A" - SCOPE OF SERVICES
Alllant Consulting, Inc.
SCOPE OF SERVICES:
Alliant Consulting recognizes the dilemmas that California public agencies are facing in becoming
compliant with State and Federal labor laws in order to receive their proper funds from State and
Federal bond and grant programs. Alliant Consulting provides the State and Federally approved third
party Labor Compliance Consultant Services to actively initiate, monitor and enforce labor compliance
on behalf of public agencies throughout California. For the Department of Energy funded HVAC
Replacement Project, Alliant shall tailor our standard labor compliance scope of work to specifically
address the Federal, HUD and Section 3 compliance requirements. Our proposed Scope of Work is
as follows:
Review of Bid & Contact Documents, Review of Fund Provisions- Alliant shall review all Bid
documents Including but not limited to: General Conditions, Bid Advertisement, Chid Package,
Specifications and Pre-Quallficatlon Packages to gain a clear understanding of the specific Federal
requirements on this project. Alliant shall make recommendations to the City regarding proper State
and Federal prevailing wage language and requirements to be added to the Bid documents, if
needed. Alliant shall also review the labor compliance language provided in the Department of Energy
grant to set up the project compliance with project-specific requirements.
Pre-construction Meeting- Alliant shall conduct a job start meeting with the Prime Contractor, all
listed subcontractors, and a representative of the City of Redlands. At this meeting, the applicable
Federal and State labor laws and the Local and Section 3 contractual obligations of the contractor will
be discussed, and a summary of the requirements will be signed by representatives of the Prime
Contractor, all subcontractors,the City, and Alliant. A copy of a pre-construction handout with project-
specific related documents, as well as applicable blank forms, will be prepared and distributed.
Meeting minutes shall be prepared by Alliant and sent to the City with a sign in sheet listing attendees.
Alliant shall provide a summary and coordinate the signing of documents discussed at this meeting.
Alliant shall also prepare and submit the notice of contract award to the Department of Labor.
Collection and Review of Certified Payrolls-Alliant Consulting shall request and ensure receipt of
weekly certified payroll records of all workers from each contractor on the project. The listed wage
rate for every worker will be compared to the prevailing wage rates posted by DIR for each trade and
work classification. Apprentice hours will also be checked to ensure proper standards are met. 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 City is intended to help keep violations to a minimum.
Page 1 of 2
Exhibit "A"- SCOPE OF SERVICES
Affiant Consulting, Inc. U
Approach and Methodology
On.Site Monitoring-Alliant Consulting shall obtain work schedules from the Contractor 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. Upon arrival, Site Monitor will check for proper
labor compliance,wage and apprentice rule postings, providing these documents as necessary. Site
interview forms will be provided to the monitors, for their use in conducting random work site
interviews with 2-3 workers per contractor. These site visits will occur weekly as mandated by the
State or more often as necessary to investigate possible violations or claims filed by workers.
Investigation and Audit of Certified Payrolls-,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
frorri the Contractor and'subcontradc s,'and.wiWbe comparedolwith t,lie 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).
Reports- Alliant Consulting shall provide monthly compliance reports to the City of Redlands
throughout the duration of the project. If required, Alliant shall prepare and submit reports of
noncompliance to the DIR or DOL describing the noncompliance violation including payroll, audit
forms, supporting documentation and recommendations. A copy of this report shall be submitted to
the City. Alliant shall also prepare and provide completed labor compliance project files with complete
Federal, State, HUD and Section 3 compliance documents for retainage. Once the project is
completed and fully closed out, Alliant shall provide the City of Redlands with a project completion
summary, highlighting the compliance issues found, the action taken and the final determination of
compliance.
Hearings-Alliant Consulting shall work with the City Attorney should a noncompliant contractor need
to be taken through the Hearing process. Alliant shall prepare all audits and provide appropriate
documentation to prepare for and attend a Hearing. Throughout the duration of the project, Alliant
shall do everything possible to keep a contractor in compliance and avoid the Hearing process.
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Exhibit "B"- PROJECT SCHEDULE ALLIANT CONSULTING, INC.
PROJECT SCHEDULE
MILESTONE OCCURANCE DATE
Review of Bid&Contract Documents, Review of
Fund Provisions One time only W/E June 30, 2014
Job Walk Presentation One time only July 14, 2014
Project Start Date (have contractor files set up) One time only August 8, 2014
Pre-Construction Meeting One time only TBD
Collection and Review of Start Up Forms(FBS,
DAS 140,App.A,Anti-Kickback Statement,Cert. One time unless updated by
of Understanding) contractor W/E August 8,2014
Collection and Review of Weekly Certified
Payrolls and Supporting Documents.Ongoing
correspondence with contractor regarding
discrepancies(if any) Weekly Starting:August 8,2014 Ending:November 30,2014
Weekly On Site Monitoring Weekly Starting:W/E August 15, 201 Ending:W/E November 28, 2014
As needed to ensure
Investigation and Audit of Certified Payrolls compliance Starting:August 8, 2014 Ending:November 30, 2014
Compliance Reports Monthly Starting:July 14,2014 Ending: November 30,2014
Close Out Documents and Files One time only Starting: November 30,2014 Ending: December 15,2014
Release Files to City of Redlands One time only December 15,2014
City of Redlands
6.16.14 CJS Department of Energy HVAC Project
. s
Exhibit "C" - PROJECT COSTS and HOURLY RATES
ALLIANT tNSULTING, INC.
mCx MR11401
Proposed Fee Schedule for Labor Compliance Assessment and Enforcement
DOE HVAC Replacement Project—City of Redlands
Our hourly payroll review, labor compliance monitoring and enforcement rates are
inclusive of all time, materials, phone calls, equipment and data for providing such
services. Our hourly site interview rate is inclusive of all mileage, fuel, insurance and
drive time to conduct monthly site interviews throughout the duration of the project.
Hourly rates are for work performed during both business working hours and additional
time as needed outside of our normal business hours (M-Th 7:30am-6pm, F 8-4pm).
Alliant Consulting, Inc. 2014 Rates
File Sem Fee
$500(one time fee)
Pre-Construction Reviews/ Pre-Construction Meeting
$800(one time fee)
On-goina Payroll Review Labor Compliance Monitorina and Enforcement
$55.001 hour for est.B-10 hours per month:$44171- $550
On-Site Monitoring (anticipated w,eeklyl
$90 per visit
TOTAL NOT TO EXCEED AMOUNT: $4,850
`The fee schedule above and hourly breakdown included in this quote is good for one year,
and is good for this prosect only.It is based on a project with an estimated construction cost
of$850,000.00, single prime contractor, up to four subcontractors, and the scope of work
provided by the City of Redlands. NOTE: Labor Compliance documents usually extend
past project completion by approximately two months. For extension of services due to
project delays, noncompliant contractors, change orders or additional services past
existing scope of work requirements, Alliant Consulting will honor the same hourly rate but
the est. monthly total will be changed to reflect 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
City, State and Federal agencies for non-compliance if necessary, site interviews, and
routine compliance reports as mandated by Department of Energy fund requirements.
Only hours worked shall be billed. Invoices are sent monthly with a detailed time tracking
sheet. Personnel hours required for Document Review, Audit and Investigation and
Enforcement are directly dependent upon the compliance of Contractors on the project.
All services listed will be provided solely by Alliant Consulting, Inc.
Page 1 of 2
3
ALLIANT NSULTING, INC,
Proposed Fee Schedule for Labor Compliance Assessment and Enforcement
DOE HVAC Replacement Project--City of Redlands
Alliant Consulting proposes to provide Labor Compliance Review, Monitoring and
Enforcement services pursuant to requirements of the City of Redlands HVAC
Replacement Project,
Estimated hourly breakdown
Project File Set Up
File drawer and server set up: 1 hour
Pre-Project Document collection & review:3 hours
Filing/labeling: 2 hours
Pre-Construction Meeting:3 hours (including prep time)
Forms Collection, Review and Verification
Review time: .25 hours per form,per cQ&actor
Verification time:.25 hours per for pre tractor
Correspondence regarding incom or invalid forms: .25 hours per form
Certified Payroll Review
Review time: .5-1 hour per contractor,per weekly payroll
Correspondence regarding incomplete or invalid payroll:.5-.75 hour per RFI,per contractor
Apprentice Oversight
Review time: .25 hours per contractor, per weekly payroll
Apprentice Registration Verif ication:.25 hours per worker
On Site Monitoring(per visit)
Drive time:.25 hours each way
Site visitation(includes checking posters,prevailing wage rates, daily logs):.5 hour
Worker interviews:.5-1 hour
Site Summary: 1 hour
Upload pictures,notes to server:.75 hour
Complete Site Visitation Log:.5 hour
Auditlinvesti ation
Audit:!-1.5 hours per payroll
Cross Referencing:2 hours per week
Supplemental Document Request: .5-1 hour per RFI
Supplemental Document Review:.5-1 hour per submission
Reports/Correspondence with Owner
Monthly Status Updates:.5-1 hour per report
General correspondence with owner/contractors:4-5!tours per month
Page 2 of 2
EXHIBIT "D"
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 by one or more insurers
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.
CHECK NE
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 and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
Alliant Consulting Date: 0�15 14
By:
Ghrista c l
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