HomeMy WebLinkAboutAmerinational Community Services, Inc. - 2010-06-21%, inn`..`✓i15 �u%
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Council/Agency Meeting Held: 6 1 oZO v
Deferred/Continued to:
Ap oved ❑ Conditionally Approved ❑ DeniedCiy Cler Signat r
Council Meeting Date: June 21, 2010 Department ID Number: PW 10-010
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve Professional Services Contracts for As -Needed Wage
Compliance Services in the amount of $125,000 each with
Amerinational Community Services Inc., and Padilla Associates Inc.
Statement of Issue: The Public Works Department regularly requires the services of
specialized firms that can provide Davis-Bacon/Prevailing Wage Compliance monitoring on
federal or state funded capital projects. Professional services contracts for two as -needed
wage compliance services firms are proposed.
Financial Impact: Funds are available within the budgeted capital improvement and
maintenance projects. All current projects will be funded through Water Fund, Water Master
Plan, Sewer Fund, Gas Tax, Measure M, Proposition 1 b or other grants. There are currently
no budgeted General Funded projects that will utilize these services.
Recommended Action: Motion to:
A) Approve and authorize the Mayor and City Clerk to execute a Professional Services
Contract between the City of Huntington Beach and Amerinational Community Services
Inc. for As -Needed Wage Compliance Monitoring Services;
B) Approve and authorize the Mayor and City Clerk to execute a Professional Services
SL Contract between the City of Huntington Beach and Padilla and Associates Inc. for As -
Needed Wage Compliance Monitoring Services.
1
Alternative Action(s): Do not authorize the contracts and direct staff on how to proceed.
-145- Item 10. - Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: PW 10-010
Analysis: For federal and state funded projects, local agencies are required to monitor
Davis Bacon/Prevailing Wages to assure the contractor's workers are paid at the published
hourly rates. The current as -needed wage compliance contracts have expired and staff has
determined that these services remain necessary.
A Request for Proposal (RFP) was prepared in compliance with Chapter 3.03 of the
Huntington Beach Municipal Code detailing the Davis-Bacon/Prevailing Wage Compliance
monitoring services required. After a thorough review of the six proposals received, two firms
are recommended.
The proposed contracts are with Amerinational Community Services Inc. and Padilla &
Associates Inc. in the amount of $125,000 each for three years with the option for two one-
year extensions each. The amount was calculated based on past experience with previous
contracts and in consideration of anticipated future project workload. Future state and
federally funded projects include the energy efficiency and street rehabilitation projects
(ARRA and State), ADA improvements (CDBG), Edison Park Improvements (State) all
require labor compliance services.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment
Attachment(s):
2
Professional Services Contract between the City of Huntington Beach and Amerinational
Community Services Inc., for As -Needed Waqe Compliance Services.
Professional Services Contract between the City of Huntington Beach and Padilla &
Associates Inc., for As -Needed Waqe Compliance Services.
Item 10. - Page 2 -146-
ATTACHMENT #1
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Avr,eyi n,z, ►'ovia i �r,,.,.r.,�,�� Se ryi ce,t, 7.nc .
FOR
AS —Needed. ir.lG.A mo-
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Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificateof Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................
Consent....................................................................................................................8
Modification............................................................................................................. 8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................11
PROFESSIONAL, SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Arneri+�-tiar�«�t Cm�•��+� Se.�. �� cs.S � �,,-,c .
FOR
n,i--Ilp- tlk—>ti' cr i+1` Vie. JiG�
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred, to as "CITY, and fac,i,cal ('v►ri»I,,�,v,'c�,�``a �Iiesa C,o!-•poratta•�
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
y--oyid4.. a.s-► d.e 4 ,,J960. sw-yicgs; 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 Pa•1'-ar fAW,tA^oUQ�q who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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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 on OJ (�E o� f 20 10 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A"
shall be completed no later than der doh- 4 from the Commencement Date.
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.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
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 Om -fi dt. Thw, ,,,^,k Dollars
($ 12 5, 000- 00
5. 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
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such work only after receiving written authorization from CITY. Additional 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 "B."
7. DISPOSITION 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 (or alleged 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 approve selection of CONSULTANT's
counsel. This indemnity shall apply to all claims and liability regardless of whether any
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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 without the express written consent of CITY;
however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is
permitted. 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.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith terminate this Agreement. Such termination shall not effect
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
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. 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.
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CONSULTANT shall secure at its own cost and expense, and be responsible for any and 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.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement, into 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. Eric.
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Mowtce E in� & Cnn-tiraat~.s ft n-k r
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,
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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 which is hereby affected shall be
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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 3.09, 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, 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 nonprevailing party.
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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. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in fact, held byle ign o awn.
CONSULTANT's initials
28. 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 supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof
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29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council. This Agreement shall expire when terminated as
provided herein.
CONSULTANT,
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COMPANY NAME
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CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
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City Clerk h 2, J1�
INITIATED AND APPROVED:
Director/Chief
AND APPROVED:
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APPROVED AS TO FORM:
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EXHIBIT "A"
A. STATEMENT OF WORK:
2 To provitole c[uaLi fW persov►m.6 to perform Dawes-gacovu wage
compU'avLce avid Labor compUawce ow cap�taL t provevv ev►,t proieats
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
:. prov'de 0[kaU fW staff
2 DeUver wane compl,iavLze reports
C. CITY'S DUTIES AND RESPONSIBILITIES:
3 To provide pl,avus av-d speo�ficat'ovus for each assfg@ Md project.
D. WORK PROGRAM/PROJECT SCHEDULE:
I To be detemd' Kled at ti me of prof ect assf ro VL, wevut
EXHIBIT A
B. Background and Project Summary Section:
AmeriNational understands the City's needs for wage compliance monitoring services related to
federally funded projects under the Community Development Block Grant Program and projects
funded by other agencies. AmeriNational has provided wage compliance services to the City of
Huntington Beach since 2004. We are currently working on three wage compliance projects for the
City's Public Works and Community Development Department.
AmeriNational will provide the City with wage compliance monitoring services consistent with
established local and state law and guidelines and affordable housing requirements. Further details
regarding our approach to the Scope of Work can be found in the Methodology section of this proposal.
C. Methodology Section:
AmeriNational has the current capacity to respond to the City's needs on short notice and to comply
with tight timelines on assignments. Our systems and procedures have been designed from our
experiences with other municipal programs. AmeriNational only serves the needs of government
programs so our staff is already trained to deliver services that are unique to this environment. Our
project team has the capacity to meet peak period program demands. Each individual has extensive
experience in the compliance monitoring field and is prepared to move quickly from contract to
implementation.
Immediately upon contract award we will meet with the City to assess the status of the project and the
next steps. We have a proven work in process management system established to govern the flow of
our wage compliance work. We track projects from initial engagement, through pre -construction,
construction, and wrap-up, monitoring all deadlines and our own processing for compliance with
established time -frames.
The assigned supervisor is responsible for reviewing all jobs in process to assure that the jobs are
moving forward according to established timeframes, and that the client's schedule is being adhered to.
AmeriNational's Federal Labor Standards and State Prevailing Wage compliance services are designed
to meet statutory and regulatory requirements for construction labor standards in State and/or federally
funded Housing and Community Development programs.
Pre-Bid/Bid 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, City shall notify AmeriNational in writing of the following:
D Names and addresses of general contractor and all subcontractors
D Appropriate wage rates
D Requested date of Pre -construction Conference
D Approximate date of construction start
D Approximate Project amount
D Project location/address
D 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 attend pre -bid and/or pre -construction conferences. General contractor and
subcontractors shall be provided with a comprehensive packet detailing AmeriNational/City wage
compliance procedures.
3. AmeriNational will provide the most current wage determination and shall also supply the
necessary wage compliance forms to all contractors and City at 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.
5. AmeriNational shall re -verify each contractor's 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:
2
D The payroll report is complete;
D Classifications and wage rates reported on payroll are at least equal to the rate required
under the applicable wage determination;
P Overtime hours and wages are properly calculated;
D Fringe benefits have been paid in addition to the basic hourly rate or are to be paid to any
appropriate party;
D There are only permissible deductions;
D All computations are accurate; and
D 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. As requested, reports will be submitted to the
City on a monthly basis.
3. If applicable, AmeriNational shall notify City's representative upon receipt of Disbursement
Authorization of any outstanding certified payroll(s) not yet received or of unresolved violations.
The City then has discretion to withhold payment until such discrepancies are resolved or may
authorize AmeriNational to proceed with the disbursement request.
4. Additional Compliance Methods:
D AmeriNational may conduct mail interviews approximately once per month and correlate all
interview results with submitted payroll information and report any discrepancies found.
D 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.
P To further ensure compliance, City may, at any time, forward a daily worker classification
count to AmeriNational. AmeriNational shall compare this count to payroll information
submitted.
D Prepare various monitoring and reporting documents, as may be requested by the City.
D Assist the City staff with project file reviews conducted by authorized Federal and State
agencies
Maintenance of Files and Availability of Data
AmeriNational shall submit records and the Labor Standards Enforcement file(s) of all accounts
established under the provisions of this Agreement to the City for retention, upon the completion 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.
3
Consulting Services and Extended Work
AmeriNational may be requested to provide additional Davis -Bacon and/or State Prevailing Wage
Compliance Monitoring Services to include conducting additional pre -construction conferences,
assisting in labor standards investigations, performing additional site visits, etc.
D. Staffing:
AmeriNational has the resources necessary to execute the wide range of services the City may require.
Firm -wide assistance from AmeriNational's multiple offices can easily supplement local resources.
Detailed resumes of AmeriNational's local project team are included on the following pages. Our
project team has the capacity to meet peak period program demands. Each individual has extensive
experience in the compliance monitoring field and is committed to successfully carrying out and
completing work on the City's projects.
AmeriNational has defined a proven, effective project organization based on our extensive project
delivery experience. The Project Specific Organization Chart shown below identifies the relationship
between the City, the general contractor(s) and AmeriNational's project team.
The City of Huntington Beach
Project Specific Organization Chart
The City of Huntington Beach
Project Contact
HAMERiNATiONAL
COMMUNITY SERVICES, INC.
Michael Torres
President
Chief Operating Officer
GENERAL Danny Martinez
CONTRACTOR(S) Underwriting, Disbursements
& Compliance Manager
Richard Bucklew I Lori Sandoval
Construction Specialist Wage Compliance Specialist
Olga Zamora
Labor Relations Specialist
4
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1 CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth
herein in accordance with the following progress and payment schedules.
2 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.
3 CONSULTANT shall submit to CITY an invoice for each monthly progress payment due.
Such invoice shall:
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.
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.
4 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.
Exhibit B
F. Fee Proposal:
AmeriNational's hourly rate for Wage Compliance Monitoring Services for the City's Federal and
State Funded Capital Improvement Projects is $65.00 per hour with a minimum fee of $2,750.
Invoices will be submitted quarterly, unless alternative paying arrangements are made. The above
fee includes all services noted in the scope of services as well as outside expenses incurred by
AmeriNational.
Additional consulting services outside the stated scope of service in the proposal will be billed at the
rate of $100.00 per hour (plus travel expenses as required).
CERTIFICATE E F LIABILITY INSURANCE OP ID
��. AMER-11
DAT£(MMIDDIYY
09 Q3 09
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
McNamara Company
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
www, mcnamaracompany. com
1330 Bast Highway 96
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St Paul MN 55110
Phone: 651-426-0607 Fax: 651-426-5790
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
AmeriNational Community
Services Inc, American
Bankcorporation, American Bank
of St Paul Inc
217 S Newton Ave
Albert Lea MN 56007
INSURER A: Chubb Group of Insurance Co.
-- _-•.---.....__-.-
INSURER B: NAIC_ CODE: 20303
INSURER XL Specialty Insurance
peci._ l y
INSURERD: NAIC CODE: 37885
INSURER E:
nnVFRAGES
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 CONTRACTOR 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 REOUCED BY PAID CLAIMS.
INSR_
LTRINSRQ
T3D'
_
TYPE OF INSURANCE
--
POLICY NUMBER
FETTI I
DATE MMIDDIYY
EXP11 —TlbN
DATE MMIDDIYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1 r 000, 000
A
X COMMERCIAL GENE-RALLIABILITY
OCCl1R
CLAIMS MADE 1 "
35800320
08/o1/o9
o8/a1/10
�A'lvTAG1-01TiC17TL7T—
PREMISES Eaoccursnce
a Q 0 a o
$ 1, ,
MED EXP (Any one person)
_a
$ 5 000
.J
X M PrpteCtiOri
35B00320
08/01/09
08/01/10
_ --
PERSONAL& ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 1, 0 0 0 1 0 0 0 -_
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$ included _
POLICY PRO- _ IOC
JECT
__._._. .
A
AUTOMOBILE
LIABILITY
ANY AUTO
74983745
08/01/09
08/01/10
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,QOQ,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
F� - NEDA
ti
ORM
�
PROPERTY DAMAGE
(Per accident)
4 M
$
GARAGE LIABILITY
I y "Me
AUTO ONLY- EA. ACCIDENT
$
OTHER THAN y �EA ACC
AUTO ONLY: AGG
$
ANY AUTO
1/t'��
W
$
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$ 10 , 000 , 000
A
OCCUR CLAIMSMADr_
79813523
08/01/09
08/01/10
AGGREGATE
$ 10 000,000�
$
$
_ DEDUCTIBLE
$
X RETENTION $1 Q 000
A
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY 1=ROI'RIE1'ORtPAII'NERIEXECU'I'IVL
OFFICERIMEMBEREXCLUDED?
If yyes, describe under
SPECIAL PROVISIONS below
7171.2722 (CALIFORNI
71712593 (NN, KS, P4, ND)
) 08/27/09
08/01/09
08/27/10
08/01/10
X TpRNA ITS X ER
[ L.L"ACHACCIDEN7
W
$ 500r 000
•----------
E.I.. DISEASE• EA EMPLOYEE
$500,000
M
E.L. DISEASE - POLICY LIMIT
—
$ 500 000
OTHER
A
Bankers Blkt Bond
81909669
08/01/09
08/01/10
$5,000,000
A I
Professional/D&O
68031648
08/01/09
08/01/10
$2 000 000*
DESCRIPTION OF OPERATIONS ! LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*C-$3,000,000 Excess Directors & Officers--8/15/09 to 8/1/10 Policy No
ELU11304109, $3,500,000 Lending Liability as per policy form. Certificate
Holder is named as additional insured for General Liability coverage.
See Minnesota. State Statute 60A.39
CERTIFICATE HOLDER CANCELLATION
HUNTBEA 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
City of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
2000 Main Street PO Box 190
Huntington Beach CA 92648 REPRESENTATIVES_
ACOQ11 25 f2nn11nR) 0ACORD CORPORATION 1988
'Policy Period AUGUST 1, 2049 TO AUGIIST 1, 2010
Effective Date AUGUST I, 2009
Policy Number 3580-03-20 DMO
Insured ANIFRICAN BANCORPORATION, AMERICAN BANK
OF ST. PAUL
Name of Company GREAT NORTHERN INSURANCE COMPANY
Date Issued SEV11-MBER 9,2009
This Endorsement applies to the following forms:
GENERAL LIABILITY
Under Who Is An Insured, the 1`011OWing provision, is added:
WHO IS
ANINSURER
Liability Insurance
Form 66-02-2373 (Ed. 4-94)
0gI M
R'11
I)esignated 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 ownedby or rented to you.
City of FluntinoC, ton, Beach
200() Main Sweet
Y.O. Box 190
1 funtinoton Beach, CA 92648
0
Insurance is primary and non-contributory
All other terms and conditions remain unchanged,
Authorized
ADDL INS - SCHEDULED PERSON OR ORGANIZATION
Endorsement
last page
Page 1
Jim here is a list of companies for the labor compliance RFP
1. Padilla & Associates, Inc
Miguel Cabral
183 E. City Place Drive
Santa Ana, CA 92705
(714)577-5340
mcabral(a-)_padillainc.com
2. Venture Compliance Services, LLC
Brian Grace
20 Pacifica, Suite 960
Irvine, CA 92618
(949) 486-3494
bgrame sccllc.orq
3. The Solis Group
Terry Solis
234 North El Molino Avenue, Suite 202
Pasadena, CA 91101
(626) 685-6989
tsq(@thesolisgroup.com
4. Team Labor Compliance
Dusteen Ferguson - LCO
1131 Coronet Drive
Riverside, CA 92506
Phone: 951 776 0103
Teamlaborcompliance((Dmsn.com
5. APA Engineering, Inc.
Ali Pakzad
23282 Mill Creek Drive, Suite 160
Laguna Hills, CA 92653
apakzad(a)_apaeng.com
6. Comprehensive Housing Services, Inc.
Gayle Bloomingdale
8840 Warner Avenue, Suite 203
Fountain Valley, CA 92708
Gayleb(a�comphouse. net
7. Amerinational Community Services, Inc.
Michelle Gylton
8121 East Florence Ave.
Downey, CA 90240
mgylten(a-amerinational.net
8. Civil Source 500 Wald
Irvine, CA 92618
Attn: Amy Amirani
(949) 585-0477
aamirani(a)-civil-source.com
UNTINOfCITY OF HUNTINGTON
BEACH-
Professional Service Approval Form
PART 11
n;
Date: 5/5/2010 Project Manager: David Verone
Requested by Name if different from Project Manager: same
Department: Public Works
PARTS 1 & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& 11 MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant:Amerinational Community Services Inc.
2) Contract Number: PWK 010 026 00
(Contract numbers are obtained through Finance Administration)
3) Amount of the contract: $ 125,000.00
4) Is this contract less than $50,000? ❑ Yes ® No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) 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 the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ® Yes ❑ No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
Director of Finance (or designee) Signature Date
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
June 23, 2010
Amerinational Community Services, Inc.
Attn: Amber Amundson, Marketing & Contracts Manager
217 South Newton Avenue
Albert Lea, MN 56007
Dear Ms.Amundson:
Enclosed for your records is a fully executed duplicate original of the Professional Services
Contract between the City of Huntington Beach, and Amerinational Community Services,
Inc. for As -Needed Professional Wage Compliance Monitoring Services.
Sincerely,
J n L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
G:fo11owup:agrmt1tr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
(Telephone: 714-536-5227 )