HomeMy WebLinkAboutAMERINATIONAL COMMUNITY SERVICES, INC. - 2007-05-07F0TO 4
Ij CONTRACTS SUBMITTAL
OB- CITY CLERK'S OFFfetAY -8 AN 10: 40
0 17 A r,
To: JOAN FLYNN, City Clerk
Name of Contractor: AmeriNational Community Services, Inc.
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Labor Standards Compliance Under Davis Bacon
Amount of Contract: $7,500.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. F-1 to Risk Management F-1
Finance Dept. R ORIGINAL bonds sent to Treasurer F-1
Date: jV -7107
NaeYtxtbnsion
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
AmeriNational Communitrvices, Tnc.
FOR
Labor Standards Compliance under Davis Bacon and Related Acts
Table of Contents
1
Scope of Services ....... ..........................................................................................1
2
City Staff Assistance................................................................................................2
3
Term; Time of Performance.....................................................................................2
4
Compensation..........................................................................................................2
5
Extra Work..........................................................................................................2
6
Method of Payment ......................... ............................................................ ..............
3
7
Disposition of Plans, Estimates and Other Documents...........................................3
8
Hold Harmless.........................................................................................................3
9
Professional Liability Insurance.............................................................................4
10
Certificate of Insurance..........................................................................................5
11
Independent Contractor............................................................................................6
12
Termination of Agreement..........................................................................
13
Assignment and Delegation......................................................................................6
14
Copyrights/Patents..............................................................................................
.7
15
City Employees and Officials..................................................................................7
16
Notices.........................................................................................7
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings.............................................................................. .....8
..................
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...............................................................................................................
9
23
Legal Services Subcontracting Prohibited................................................................9
24
Attorney's Fees.........................................................................................................10
25
Survival.....................................................................................................................10
26
Governing Law.........................................................................................................10
27
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
AmeriNational Community Service, Inc.
FOR
Labor Standards Compliance under Davis Bacon and Related Acts
THIS AGREEMENT ("Agreement") is made and entered into this .1 11 day of
�m 6.7
20.0.fs, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
AmeriNational Communities Services, Inca wholly —owned operating subsidiary of
American Bank of St. Paul, a Minnesota
hereinafter referred to as "CONSULTANT." Corporation
WHEREAS, CITY desires to engage the services of a consultant to perform
Labor Standards Compliance under Davis Bacon
and Related Acts 'and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Michelle Gylten
who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/foams/profserv10/15101-A 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CI Y (the
e�� yeas^ 4or)4
"Commencement Date"). This Agreement shall expire on��"''? G nGe ewevr finless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than one year from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Seven thousand Five Hundred Dollars ($ 7,500.00
S. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/foams/profservl0/15/01-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit " R."
7. VISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both, field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agree/forms/profserv10/15/01-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agee/forms/profserv10/15101-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profserv10/15101-A Jr
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT`s services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agree/f6rms/profsery 10/ 1510 I -A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Stanley Smalewitz , Dir. of
2000 Main Street Economic Developmt
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
AmeriNatiorl�l Co-=Jnity Svcs , Inc.
Attn : Miami i o ,
cci i %ptcj?G el
8Ial
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agree/forms/profserv1011510I-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profsery 10/1510I-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24, ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/fmms/profsery 10115101-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25, SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination .of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profserv10/15/01-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF HUNTINGTON BEACH,
Add o,411117 /l `d & a municipal corporation of the State of California
Stanley Smalewitz
Directo of EconomicNevelopment
By: (Pursuant To HB §3.03.100)
print name
ITS: (circle one) Chairman( reside 7ice President APPROV�E�D_ AS TO FORM:
AN 5 ? 0-7
City Attorney
By:
e2cZ,_( REVIEWED AND APPROVED:
print name _
IT Secretary/Chief Financial Office ss X
ecretary — Treasurer
City Administrator
(only for contractr,$50, 000.00 and over)
agree/forms/profservl0/1510I-A I I
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Consultant to provide prevailing wage compliance monitoring services, according to the
requirements established by federal, state and city regulations for publicly funded public works
construction projects, and as outlined in the attached "Exhibit `A' Scope of Work", for the
Emerald Cove Capital Repair Project 2007.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. See attached "Exhibit `A' Scope of Work".
2. Consultant shall communicate with City, either by phone, email or in writing, at a
minimum, on a bi-weekly basis, or more often if needed or if problems arise during the project.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City shall review and/or complete and execute the documents deemed necessary
to meet the current prevailing wage requirements established for city -funded public works
construction projects.
2. City shall respond to phone, email or written communications from Consultant
within 48 hours. In the case of an emergency or special circumstances, staff will respond more
quickly or as needed.
D. WORK PROGRAM/PROJECT SCHEDULE:
To be determined after relevant construction meetings are held and project timeline is
discussed and more clearly established.
jmp/contracts group/exA/4/10/07
Exhibit 'A' Scope of Work
AmeriNational will provide the following services from pre -bid through close-out of a
project. AmeriNational's Federal Labor Standards and State Prevailing Wage
compliance services are designed to assist the City In implementing statutory and
regulatory requirements for construction labor standards in State and/or federally funded
Housing and Community Development programs.
Pre-181d/1310 Procedures
1. AmeriNational shall provide the City with its wage compliance procedure guidelines
for inclusion in pre -bid information and/or bid requests.
2. AmeriNational will provide the City with verification of a contractor's eligibility for
contract award by reviewing the General Services Administration's "List of Parties
Excluded from Federal Procurement or Non -Procurement Programs".
Pre -Construction Phase
Following bid award, the City shall notify AmeriNational in writing of the following:
/ Names and addresses of general contractor and all subcontractors
1 Appropriate wage rates
► Requested date of pre -construction conference
/ Approximate date of construction start
Approximate project amount
► Project location/address
/ Project type; (e.g. Commercial Rehabilitation, Multi -Family, New Construction,
Highway Improvement, etc.)
1. AmeriNational shall prepare a portion of the Project Labor Standards Enforcement
File (related to payroll information) and shall maintain it for the duration of the project.
2. AmeriNational shall conduct, with a City representative in attendance, a pre -
construction conference. General contractor and subcontractors shall be provided
with a comprehensive packet detailing AmeriNational's wage compliance procedures
and a full explanation of applicable requirements.
3. AmeriNational shall also supply the necessary wage compliance forms to all
contractors and the City at the conference.
4. AmeriNational shall prepare and issue conference minutes to all attendees. A copy
of the minutes shall also be placed in the Project Labor Standards Enforcement File,
as required by Davis -Bacon regulations.
AmeriNational Community Services, Inc. Page 5
5. AmeriNational shall re -verify each contractors eligibility for contract award by
reviewing the General Services Administration's "List of Parties Excluded from
Federal. Procurement and Non Procurement Programs".
6. AmeriNational shall verify that all apprentices have been properly registered (or
certified) in an apprenticeship program registered with the Bureau of Apprenticeship
and Training, or with a State Apprenticeship Program recognized by the Bureau.
7. AmeriNational shall verify with the United States Department of Labor, Employment,
and Training Administration that all trainees hold a formal certification showing
registration in an approved program.
Construction Phase
1. The City or the general contractor shall submit to AmeriNational certified payroll
reports within seven working days of completion of the work week. Upon receipt,
AmeriNational shall provide a formal examination and review to confirm that:
► The payroll report is complete;
► Classifications and wage rates reported on payroll are at least equal to the rate
required under the applicable wage determination;
/ Overtime hours and wages are properly calculated;
/ Fringe benefits have been paid in addition to the basic hourly rate or are to be
paid to any appropriate party;
/ There are only permissible deductions;
All computations are accurate; and
The Statement of Compliance is signed by the owner, officer, or designated
employee of the contractor.
2. AmeriNational shall document any discrepancies that require general contractor or
subcontractor action. AmeriNational shall forward the results of this formal
examination and review to the City and general contractor for resolution and
follow-up.
3. Additional Compliance Methods:
AmeriNational may conduct mail interviews approximately once per month and
correlate all interview results with submitted payroll information and report any
discrepancies found.
/ AmeriNational may conduct monthly site interviews ensuring that applicable
wage determination and required materials are posted and employee interview
information gathered is consistent with payroll documentation received.
► To further ensure compliance the City may, at any time, forward a daily worker
classification count to AmeriNational. AmeriNational shall compare this count to
payroll information submitted.
AmeriNational Community Services, Inc. Page 6
Maintenance of Files and Availability of Data
AmeriNational shall maintain records and the Labor Standards EEnforcement files) of all
accounts established under the provisions of this Agreement for a period of three (3)
years after the closing of each project. AmeriNational shall, upon request and within
thirty (30) days of such request, make available all records, financial and otherwise,
dealing with its activities performed pursuant to the provisions of this Agreement to
authorized auditors and monitors of the City.
Consultina Services and Extended Work
AmeriNational may be requested to provide additional consulting services to include
conducting additional pre -construction conferences, assisting in labor standards
investigations, performing additional site visits, etc.
AmeriNational Community Services, Inc. page 7
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
The proposed and Weed upon total compensation amount of $7,500 or $85 an hour is
computed at the .75% of the originally estimated total project cost of $1,000,000.
Additional costs to be reimbursed by the City are limited to mileage and special, non -routine
copying. Mileage will be reimbursed at the current IRS mileage reimbursement rate.
Copying will be charged at he rate of $ 10 per page for extraordinary copying only.
The amount due will be submitted via invoices sent monthly to the City. Invoices are due
within thirty days of the invoice date. A late charge of 18% will be added to invoices that
are not paid by their due date.
Upon written authorization of the Economic Development Director. Consulting Services
outside of the scope of service in the proposal - $100.00 per hour.
B. Travel
Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billing
agree/forms/exB-hourly fee/4/10/07 EXHIBIT B
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
All billing shall be done monthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should. accompany the billing for each single item that exceeds
Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
agree/forms/exB-hourly fee/8/1/06 EXHIBIT B 2
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/exB-hourly fee/8/1/06 EXHIBIT B 3
Hourly Payment
Exhibit 'B' Fee Schedule
Davis -Bacon Wage Compliance Monitoring Services
For each project, a fee equal to $85 per hour.
Additional costs to be reimbursed by the City are limited to mileage and special, non -
routine copying. Mileage will be reimbursed at the current IRS mileage reimbursement
rate. Copying will be charged at the rate of $.10 per page for extraordinary copying only.
The amount due will be submitted via invoices sent monthly to the City. Invoices are
due within thirty days of the invoice date. A late charge of 18% will be added to invoices
that are not paid by their due date.
Consulting Services outside of the scope of service in the proposal - $100.00 per hour
(plus travel expenses as required).
Amefflatlonal Community Services, Inc. Page 15
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST RECEIVED
APR 0 5 2007
1. Requested by: Eric R. Charlonne City of Huntington Beach
2. Date: March 29, 2007 City Attorneys office
3. Name of contractor/permittee: AmeriNational Community Services, Inc.
4. Description of work to be performed: Provide As -Needed Daivs Bacon -Wage Compliance
Monitoring Services.
5. Value and length of contract: $95,000.00 extened over (3) three years.
6. Waiver/modification request: Waiver the $25 000.00 professional liability deductable
7. Reason for request and why it should be granted: Unable to comply with the city's zero
deductible/SIR insurance requirement.
8. Identify the risks to the City in approving this waiver/modification: None, no design work
involved.
Department Head Signature
-#IVo7
Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval fro the City Administrator's Office is only required if
Risk Managemen th City Attorney's Office " agree.
I. i k Management d
Approved ❑ Denie 7 3
Signature Date
2. City Attorney's Office ``
4pproved ❑ Denied `1' fro�C�
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
ACORD_ CERTIFICATE OF'LIABILITY INSURANCE CSR Cl DATE(MhVDDIYYYY)
AMER-11 08/01/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
McNamara Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
www.mcnamaracompany.com HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
13; • :as t Highway 96 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
St`. al MN 55110
Phone:651-426-0607 Fax:651-426-5790 INSURERS AFFORDING COVERAGE NAIC#
INSURED AmeriNational Community INSURERA: Federal Insurance Co an
Services, Inc. -American
Bancorporation -American Bank INSURER B: Chubb G.—P of Insurance Co.
of St. Paul, Inc. INsuRERc:
Ms. Adrienne Thorson
217 South Newton Avenue INSURER D:
Albert Lea MN 56007
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MWDD
ITIATION
i DATE MWDD/YY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
UAUt III
PREMISES (Eaoccurence)
$ 100,000
A
X COMMERCIAL GENERAL LIABILITY
35800320CHI
08/01/06
08/01/07
CLAIMS MADE X❑ OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL BADVINJURY
$ 1,000r000
X Mt_g Protection
35800320CHI
08/01/06
08/01/07
.
GENERAL AGGREGATE
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 1,000,000
POLICY PRO LOC
JECT
EBL
3,000,000
A
AUTOMOBILE
LIABILITY
ANYAUTO
0374983745CHI
08/01/06
08/01/07
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per Person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
AP
TO FORM
-
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
- MC
PROPERTY DAMAGE
accident)
_
$(Per
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
ANY AUTO
-
$
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
$10 , 000 , 000
A
OCCUR ECLAIMSMADE
79813523CHI
08/01/06
08/01/07
AGGREGATE -
$10,000,000
S
S
DEDUCTIBLE
$
X RETENTION $10 , 0 0 0
B
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
If es, describe under
SPECIAL PROVISIONS below
0371712593
-
08/01/06
_
08/01/07
X TORY LIMITS ER
E.L. EACH ACCIDENT
$ 500,000
E.L.DISEASE- EAEMPLOYE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
OTHER
A
Bankers Blkt Bond
1909669 (s50,000 nxnl
08/01/06
08/01/07
Bond $5,000,000
A I
Professional Liabi
"0439676 ($29,000 Deal
08/01/06
08/01/07
Prof Liab $3,500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS -
$5,000,000 Directors & Officers Liability, $3,500,000 Lending Liability etc..
as per policy form - Certificate Holder is named as additional insured for
the General Liability coverage as their interest may appear.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
4 fPRESENTATPJE
i7 OCORn rnRPORATION 19RR
CHUEM
Liability Insurance
Endorsement
Policy Period AUGUST 1, 2006 TO AUGUST 1, 2007
Effective Date AUGUST 1, 2006
Policy Number 3580-03-20 CHI
Insured AMERICAN BANCORPORATION, AMERICAN BANK
OF ST. PAUL
Name of Company GREAT NORTHERN INSURANCE COMPANY
Date Issued AUGUST 14, 2006
FAY.K£SAC'f..C..,.w.knd.»k.:.�w.:..,:,:.:J...u:3.a�..u:....,,».K:,::.,.n:::::,.�:....:.».S.,,a,.:f,w..a:.✓.•:k«,.:a3.:Yo.S:...::,.:k.,a,'a,n.Y'.k@`.G:Qk;:iii�.::.£,v`)`i'kkY;'.::`.ytnY:C`.'.YaS`72kJ:`kA:.k:.::iGJ:J'.:ua„1.M;::'.;N.tii.'uv�-{.S.kk+,:kix:;vi£§;,'tiCGeu::kk:K:k::•R;k'ti;:�l::.�;:v.':;5{:z` .,.: .....
This Endorsement applies to the following forms:
GENERAL LIABILITY
Who Is
An Insured
Under Who Is An Insured, the following provision is added:
Designated Person Or
Organization
Any person or organization designated below is an
insured; but they are insureds
only with respect to liability arising out of your operations
or premises owned by or rented to you.
City of Huntington Beach it's agents, officers and employees
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Insurance is primary and non-contributory.
All other terms and conditions remain unchanged.
Authorized representative a�4�
Liability Insurance ADDL INS - CITY OF HUNTINGTON BEACH last page
Form 80-02-2373 (Ed. 4-94) Endorsement Page t
1. Date:
2. Department:
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
4/23/2007
Economic Development
3. Requested by: Stanley Smalewitz
4. Name of consultant: AmeriNational Community Services, Inc.
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
Contract amount $7,500, no RFP/RFQ required. Requested proposal from consultant (attached).
6. Amount of the contract: $7,500.00
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? 0 Yes E No IRG A- 6 C> - p q
9. Company number and object code where funds are budgeted: 50380101.6
10. Is this contract less than $50,000? ® Yes ❑ No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No (0K �39, coo — r�Edc 0&b, ,A�cA" d&734)
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
AmeriNational Community Services (prevailing wage compliance monitoring services were previously
bid out by Public Works Department and awarded to AmeriNational Community Services, Inc.; this is a Public
Works Construction Project)
15. Attach proposed scope of work.
See Attachment A of Contract
16. Attach proposed payment schedule.
See Attachment B of Contract
Department Head Signature
1. If the answer to this question is "No," the contract will require approval from the City Council.