17-011 Contract Compliance and Monitoring, Inc., Labor Compliance Program Services for the 2017 CDBG City-Wide Curb Ramp Installation ProjectAGREEMENT BETWEEN THE CITY OF CUPERTINO AND
Contract Compliance and Monitoring, INC FOR
Labor Compliance Program Services for the 2017 CDBG City-Wide Curb Ramp
Installation Project
THIS AGREEMENT, is entered into this 10 day of January, 2017, by and between
the CITY OF CUPERTINO, a California municipal corporation ("City"), and Contract
Compliance and Monitoring, INC , a California corporation whose address is 635 Mariners
Island Blvd. #200 San Mateo , CA 94404 (hereinafter referred to as "Consultant")
(collectively referred to as the "Parties").
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now being
conducted under the Constitution and the statutes of the State of California and the
Cupe1tino Municipal Code.
B. Consultant is specially trained , experienced and competent to perform the
special services which will be required b y this Agreement.
C. Consultant possesses the skill, experience, ability, background , certification
and knowledge to provide the services described in this Agreement on the terms and
conditions described herein.
D. City and Consultant desire to enter into an agreement for labor compliance
administration for a federally CDBG funded project upon the terms and conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on the date this agreement is fully
executed, and shall terminate on December 31 , 201 7 , unless terminated ear lier as set faith
herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant
to the schedule of performance set forth in Exhibit "B ," attached hereto and incorporated
herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement
in a total amount not to exceed Seven thousand dollars ($7,000.00) based on the rates and
terms set f01ih in Exhibit "C," which is attached hereto and incorporated herein by this
reference.
4. TIME IS OF THE ESSENCE
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
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5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of specially trained professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified and
experienced personnel who are not employed by the City nor have any contractual
relationship with City.
6. INDEPENDENT PARTIES
City and Consultant intend that the relationship between them created by this
Agreement is that of an independent contractor. The manner and means of conducting the
work are under the control of Consultant, except to the extent they are limited by statute ,
rule or regulation and the express terms of this Agreement. No civil service status or other
right of employment will be acquired by vi1iue of Consultant's services. None of the
benefits provided by City to its employees , including but not limited to , unemployment
insurance, workers' compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state or federal
taxes , FICA payments, PERS payments, or other purposes normally associated with an
employer-employee relationship from any fees due Consultant. Payments of the above
items , if required, are the responsibility of Consultant.
7 . IMMIGRATION REFORM AND CONTROL ACT {IRCA)
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his /her employees performing work hereunder,
pursuant to all applicable !RCA or other federal, or state rules and regulations. Consultant
shall indemnify and hold City harmless from and against any loss , damage , liability , costs
or expenses arising from any noncompliance of this provision by Consultant.
8. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against a job applicant, a City
employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis
ofrace, religious creed, color, national origin , ancestry, handicap , disability, marital status,
pregnancy, sex, age , sexual orientation, or any other protected class. Consultant agrees that
any and all violations of this provision shall constitute a material breach of this Agreement.
Additional non-discrimination requirements for contracts involving federal, state, or HUD
funds. Consultant shall comply with the requirements set forth in Exhibit "E".
9. HOLD HARMLESS
Standard Indemnification:
Consultant shall , to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, with respect to all services performed in
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January 20 1 7
connection with the Agreement, indemnify, defend , and hold harmles s the City and its
officers , officials, agents , employees and volunteers from and against any and all liability ,
claims , actions , causes of action or demands whatsoever against any of them, including
any alleged v iolation of intellectual property rights , any injury to or death of any person or
damage to property or other liability of any nature , whether physical , emotional ,
consequential or otherwise, arising out, pertaining to, or related to the performance of this
Agreement by Consultant or Consultant 's employees, officers, officials , agents or
independent contractors. Such costs and expenses shall include reasonable attorneys' fees
of counsel of City's choice, expert fees and all other costs and fees of litigation. The
acceptance of the Services by City shall not operate as a waiver of the right of
indemnification. The provisions of this Section survive the completion of the Services or
termination of this Contract.
I 0. INSURANCE:
A. General Requirements. On or before the commencement of the term of this
Agreement, Consultant shall furnish City with certificates showing the type , amount, class
of operations covered, effective dates and dates of expiration of insurance coverage in
compliance with the requirements listed in Exhibit "D ". Such certificates , which do not
limit Consultant's indemnification , shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or co verage
reduced before the expiration date thereof, the insurer affording coverage shall provide
thirty (30) days' advance written notice to the City of Cupertino by certified mail , Attention :
Cit y Manager." Consultant shall maintain in force at all times during the performance of
this Agreement all appropriate coverage of insurance required b y this Agreement with an
insurance company that is acceptable to City and licensed to do insurance business in the
State of California. Endorsements naming the City as additional insured shall be submitted
with the insurance certificates.
B. Subrogation Waiver. Consultant agrees that in the event of loss due to any
of the perils for which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing comprehensive general
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right to subrogation which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
msurance.
C. Failure to secure or maintain insurance. If Consultant at any time during the
term hereof should fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant
and shall be compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is received that
the premiums have not been paid.
D. Additional Insured. City, its City Council , boards and commissions,
officers , employees and volunteers shall be named as an additional insured under all
insurance coverages , except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such additiona l
Contract Comp l iance and Monitoring, I NC
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insured. An additional insured named herein shall not be held liable for any premium,
deductible portion of any loss, or expense of any nature on this policy or any extension
thereof. Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance provided by this
policy.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
F . Maximum Coverage and Limits . It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements and/or limits shall be available to the additional
insured City. Furthermore, the requirements for coverage and limits shall be the minimum
coverage and limits specified in this Agreement, or the broader coverage and maximum
limits of coverage of any insurance policy or proceeds available to the named insured ,
whichever is greater.
11. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conflict of interest form if the services
provided under this Agreement require Consultant to make certain governmental decisions
or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California
Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void ,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of such
assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50%) or more
of the voting power of the corporation.
13 . SUBCONTRACTOR APPROVAL
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
Contract Compliance and Monitoring, INC
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required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition , any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work.
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement.
Subcontractor further agrees to include these same provisions with any sub-subcontractor.
A copy of the Owner Contract Document Indemnity and Insurance provisions will be
furnished to the subcontractor upon request. Consultant shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the
agreement prior to commencement of any work and will provide proof of compliance to
City .
14. PERMITS AND LICENSES
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits , certificates and licenses including, but not limited
to , a City Business License, that may be required in connection with the performance of
services hereunder.
15. REPORTS
A Each and every report, draft, w ork product, m ap , record and other
document, hereinafter collectively referred to as "Report", reproduced , prepared or caused
to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the
exclusive property of City. Consultant shall not copyright any Report required by this
Agreement and shall execute appropriate documents to assign to City the copyright to
Reports created pursuant to this Agreement. Any Report, information and data acquired
or required by this Agreement shall become the property of City, and all publication rights
are reserved to City. Consultant may retain a copy of any report furnished to the City
pursuant to this Agreement.
B. All Rep01is prepared by Consultant may be used by City in execution or
implementation of: (1) The original Project for which Consultant was hired ; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project ; and/or (4) Other City projects as City deems appropriate.
C. Consultant shall , at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
D. All Reports required to ·be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original , which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
16 . RECORDS
Consultant shall maintain complete and accurate records with respect to sales , costs,
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expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement, in sufficient detail to permit an evaluation
of services . All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to such books and records to the representatives of City or its
designees at all proper times , and gives City the right to examine and audit same, and to
make transcripts therefrom as necess ary , and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records , together
with supporting documents , shall be kept separate from other documents and records and
shall be maintained for a period of three (3) years after Consultant receives final payment
from City for all services required under this agreement.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records , and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith , then Consultant
shall reimburse City for all reasonable costs and expenses associated with the supplemental
examination or audit.
17 . NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code
and Agreement will terminate without any penalty (a) at the end of any fiscal year in the
event that funds are not appropriated for the following fiscal year, or (b) at any time within
a fiscal year in the event that funds are only appropriated for a portion of the fiscal year
and funds for thi s Agreem ent ar e no longer available . This Section shall take precedence
in the event of a conflict with any other covenant, term , condition, or provision of this
Agreement.
18. ENVIRONMENTALLY PREFERABLE PURCHASING
. Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and recycled/remanufactured
toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal 's
Industrial and Institutional Cleaners Standard ; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
19. NOTICES
All notices, demands , requests or approvals to be given under this Agreement shall
be given in writing and conclusively shall be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States Mail , postage
prepaid, registered or certified, addressed as hereinafter provided.
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January 2 01 7
Pa ge 6 of22
laws , orders, rules , and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
California.
23 . ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited ,
displayed any signs, adve1iising, show bills , lithographs , posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
24. WAIVER
A waiver by City of any breach of any term , covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other term ,
covenant, or condition contained herein , whether of the same or a different character.
25 . INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties , and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein . No verbal agreement or implied covenant
shall be held to vary the provisions hereof. Any modification of this Agreement will be
effective only by written execution signed by both City and Consultant.
26. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they , have
the legal capacity and authority to do so on behalf of their respective legal e ntities. ,
27. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such insertion
on application by either paiiy.
28. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this Agreeµient.
All unchecked boxes do not apply to this Agreement
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All notices, demands, requests, or approvals shall be addressed as follows :
TO CITY:
City of Cupertino
10300 Torre Ave .
Cupertino CA 95014
Attention : Julie Chiu
TO CONSULT ANT:
Deborah Wilder, President
Compliance and Monitoring, Inc
635 Mariners Island Blvd. #200
San Mateo , CA 94404
20 . TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set forth in City's written notice of default, and
in addition to any other remedy available to the City by law, the City Manager may
terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. The City Manager shall also have the option , at its sole discretion
and without cause, of terminating this Agreement by giving seven (7) calendar days' prior
written notice to Consultant as provided herein. Upon receipt of an y notice of termination ,
Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective
date of termination. If the termination if for cause, City may deduct from such payment the
amount of actual damage, if any, sustained by City due to Consultant's failure to perform
its material obligations under this Agreement. Upon termination, Consultant shall
immediately deliver to the City any and all copies of studies , sketches, drawings ,
computations , and other material or products, whether or not completed, prepared b y
Consultant or given to Consultant, in co1mection with this Agreement. Such materials shall
become the property of City.
21. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules ,
policies and regulations enacted or issued by City. Contractor shall obtain a Cupertino
Business License and further comply with the City's Minimum Wage Ordinance as set
forth in Cupertino Municipal Code Chapter 3.37.
22. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of
another jurisdiction. The Agreement and obligations of the pmiies are subject to all valid
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Contract Compliance and Monitoring, INC
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IN WITNESS WHEREOF , the parties have caused the Agreement to be executed .
CONSULTANT
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City Clerk
Contract Com p liance and Monitoring INC
January 2017
CITY OF CUPERTINO
A Municipal Corporation
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Date \ /1 ~ /r 7
D O ve r $175 ,000-Co un c il Approva l Requi red
D O ve r $45 ,000 -De pa1t111 ent Head Approval Required
~ U p to $45 ,000-Des ig nated S upervisor Approva l Required
RECOMMENDED FOR APPROVAL
~ avi dStillnrn n , Senior Civil Engineer
A~ "(}ity Attorney
ATTEST:
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Page 9 o f 22
Contract No. ---
Exhibits: (Chec k box fo r ex hibits that a ppl y to thi s co nt ract and attach)
~ Exhibit "A "-Scope of Services
~ Exhibit "B"-Schedule of Performance
~ Exhibit "C"-Compensation
~ Exhibit "D" -Insurance Requirements and Proof of Insurance
~ Exhibit "E"-Nondiscrimination-State/Federal/HUD funded project
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Contract No. __ _
Exhibit A
Scope of Services
Contractor Compliance and Monitoring, Inc. has been in operation since 2002 and an approved
Third Party Administrator of LCPs since 2003. We have represented or provided service to over
75 public agencies (school districts, water districts , colleges, the University of California, counties,
cities and special districts throughout the state) and scores of contractors. CCMI 's entire staff has
significant expertise in the field of prevailing wage, certified payroll and apprenticeship
requirements. Listed below is the task which CCMI is prepared to provide on this project.
Task:
1. Provide required language and prevailing wage documentation to the City for
prevailing wage compliance. 29 CFR Part 5 .5 REQUIRES that certain mandated
prevailing wage language be included in the bid specifications and contract whenever
federal Davis-Bacon requirements apply to a project.
2 . Pull applicable Davis Bacon Wage determination for project and provide to City. A
hard copy of the applicable federal wage determination is required to be included in the
bid specifications and the contract. A mere reference to the wage determination and
MOD number or to the website www.wdol.gov is insufficient to meet this requirement
and can result in the Awarding agency being subject to additional change order costs.
3. Review the specification to ensure that the requirements of California prevailing wages
are also included as the awarding body (City) is a political subdivision of the State, so
both State and Federal prevailing wage requirements will need to be verified and
included in all specifications and contracts .
4. Assist the City, as required, in requesting additional federal wage detenninations
through the conformance process .
5. Create project files upon award of the project.
6. Assist the City with completion and filing of PWC-100 . The PWC-100 form is to be
filed within 5 days of contract award.
7. Verify contractor's eligibility to work by checking the contracting status with both
California and Federal lists , including the California Department oflndustrial Relations
(dir.ca.gov) and the Federal Excluded Parties list (sam.gov). Once subcontractors are
identified, also verify the eligibility of all subcontractors. Confinn that all contractors
are registered as "public works" contractors with the DIR.
8. Attend Prebid and Preconstruction conferences, including providing a checklist of law
and regulations which need to be followed to comply with state and federa l prevailing
wage requirements as well as all fonns required for labor compliance. Document
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Contract No . __ _
contractors in attendance. Attendance by CCMI may be via phone, Skype or in person
as requested by the City.
9. Provide a phone line and e-mail contact where contractors and subcontractors can
contact CCMI for clarification on prevailing wage , certified payrolls , apprenticeship
and compliance issues.
10. License check and confirmation with California Contractor's State License Board of
current and active license status , as well as worker's compensation coverage of all
contractors and all listed subcontractors.
11. Review and comparison of work classification with California prevailing wage
classification and Davis-Bacon wage classifications to ensure the contractor is paying
the correct prevailing wage rate.
12. Monitoring of all weekly certified payroll , including, but not limited to: correct
classification of workers, proper wages being paid , proper calculation and payment of
fringe benefits and training contributions , review ove1iime , shift pay , weekend and
holiday work/pay, only permissible deductions will be allowed , cross reference of
onsite interview s with certifi ed payrolls to verify all workers are listed and review the
"certification" or "Statement of C ompliance" is compl et e and properly signed by an
indi vidual with knowledge and authority to act on behalf of the company.
13 . Monitoring of all Apprenticeship Requirements. Collection and review of all DAS-140
and DAS-142 form s . Revie w of applicable apprenticeship ratios, correct w ages p aid ,
training contributions (CAC2 forms). Verification that all apprentices also have an
acti ve BAT (U.S. Department of Labor, Bureau of Apprenticeship Training) certificate.
Confirm all "trainees" are properly registered.
14. Verification that apprentices are properly supervised and employed in approved ratios
as required by both California and Federal apprenticeship regulations applicable to
Davis-Bacon projects.
15. Jobsite audits and random interviews of workers (to determine veracity of certified
payroll infonnation, compliance with anti-kickback, equal employment opportunity
requirements, jobsite posting requirements , etc.). Every attempt will be made to
interview at least 10 % 1 of the workers on all trades as well as workers from each
subcontractor on the project. Confirmation that required posters and wage rates are
posted on the project.
16 . Respond to any inconsistencies or deliberate deceptions on the part of contractors
through additional detailed audit of contractors through review of cancelled checks ,
l T he Sco pe o f Work publi s hed by th e Ci ty di scu ssed intervi ew in g l 00 % of th e wo rk ers. It is CCMI's experie nc e
th at interview in g l 0% o f the wo rkers is the criteri a required by CDBG fund s. However, s hould th e C ity require
l 00 % intervie ws, CCMI will u se it s bes t efforts to do so .
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Contract No. __ _
time cards, and related records (as needed) and seek appropriate resolution consistent
with CDBG regulations.
17. Communication not les s than monthly of potential vio lations to the City with
recommended action. In the event that potential paperwork or compliance issues with
a contractor cannot be resolved quickly, the City will be notified of this potential
problem and a recommendation will be made to the City to retain a certain portion of
the scheduled progress payment until the issue is resolved .
18 . Monthly labor compliance reports to the City identifying areas of noncompliance and
needed corrections. CCMI's experience is that while the contractor's certified payrolls
will be collected and reviewed on a weekly basis , the processing of weekly reports is
an expensive option for the City. CCMI would recommend monthly reports to both the
City and the contractor thereby allowing sufficient time for the contractor to supply
additional documentation, materials and corrections before the next report is due out.
Should the City still desire weekly reports, CCMI is prepared and able to provide these.
19. Communications with Contractors. CCMI will work with all contractors and
subcontractors with the goal of amicable agreement on resolving issues related to
violations , penalties and compliance. All meeting and calls with contractors will be
documented in the project folder maintained by CCMI.
20. CCMI tracks all corrective action and requires documentation of restitution payments
through amended certified payrolls, and copies of cancelled checks and wage
statements.
21. Once work on th~ project is complete, CCMI generally sends out a final letter to the
contractor and any subcontractor who might still have outstanding items. CCMI
provides a 10 day window of time during which the contractor/subcontractor can
submit additional documentation or make corrections. Once that time period expires,
CCMI closes out the project relating to issue of outstanding wages, apprenticeship
issues and any restitution or penalties due.
22. Seek full compliance by all contractors of Davis Bacon and California prevailing wage
requirements. Comp lete necessary reports and/or assist the City in completing any
required reporting relating to CDBG funding.
23. Maintain all records for a period of five (5) years
24 . Attend any compliance or auditing meeting with the State or federal agencies relating
to the labor compliance on this project.
25. Provide other assistance relating to labor compliance as requested by the City.
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Contract No. __ _
Exhibit B
Schedule of Performance
CONS ULT ANT shall complete all work by December 31, 2017
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Contract No . ---
Exhibit C
Compensation
City shall compensate Consultant for professional services in accordance with the tenns
and conditions of this Agreement based on the rates and compensation schedule set forth
below. Compensation shall be calculated based on the hourly rates set forth below up to
the not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services described
in Exhibit "A" and reimbursable expenses shall not exceed a total of Seven Thousand
dollars ($7,000.00), as set forth below. Any work performed or expenses incurred for which
payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to the City.
Task
1-25
Total
Rates
Technicians: $85 per hour
Analysts: $95 per hour (Martins)
Manager: $120 per hour (Nickles)
Principal: $300 per hour (Wilder only)
Onsite Interviews : $200 flat fee
Invoices
Not to Exceed Amount
$7,000.00
$$7,000.00
IZI Monthly Invoicing: In order to request payment, Consultant shall submit monthly
invoices to the CITY describing the services performed and the applicable charges
(including a summary of work performed during that period , personnel who performed the
services, hours worked, task(s) for which work was performed).
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Contract No. ---
Exhibit D
Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named
as additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
D
(1) Workers' Compensation:
Statutory coverage as required by the State of California .
(2) Liabilitv:
(3)
(4)
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500 ,000 each occurrence
$1,000,000 aggregate -all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $1 ,000 ,000 will be considered equiv alent to the required
minimum limits shown above.
Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500 ,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500 ,000 each occurrence
Professional Liabilitv
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000 .
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Contract No. ---
Exhibit E
Additional Nondiscrimination Requirements-State/Federal Funds
/c hec k box in Pait I fo r co ntra cts in vo lving stat e/federa l fund s and box in Part 2 for contracts in vo lving Hou sing and Urb a n Deve lopment
fund s)
D 1. NONDISCRilVIINA TION-Contract involving state/federal funds
Consultant certifies and agrees that he/she will not discriminate against any
employee or applicant for employment because of race, color , religion , national origin,
ancestry, sex, age, or condition or physical or mental handicap ( as defined in 41 C.F.R.
Section 60-741 , et. seq.), in accordance with requirement of state or federal law.
Consultant shall take affinnative action to ensure that qualified applicants are employed
and that employees are treated during employment without regard to race , color, religion,
national origin, ancestry, sex, age, or condition of physical or mental handicap in
accordance with requirements of state and federal law . Such shall include, but not be
limited to , the following:
A. Employment upgrading, d emotion, transfer, recruitment or recruitm ent
advertis in g, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices.
Consultant agrees to post in conspicuous places in each of Consultant's facilities
providing services hereund er , available and open to employees and applicants for
employment, notices setting forth the provisions of this nondi scrimination cl a use.
Consultant shall , in all solicitations or advertisements for employees placed by or
on behalf of Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, ancestry , sex, age , or
condition of physical or mental handicap, in accordance with requirements of state and
federal law.
Consultant shall send to each labor union or representative of workers with which
h e/she has a collective bargaining agreement or other contract or understanding a notice
advising the labor union or workers' representative of Consultant's commitments under this
paragraph.
Consultant certifies and agrees that he/she will deal with his /her subcontractors,
bidders, or vendors without regard to race, color, religion, nationa l origin, ancestry, sex,
age, or condition of physical or mental handicap , in accordance with requirement of state
and federal law.
In accordance with a pplicable state and federal law , Consultant shall allow duly
authorized county, state and federal representatives access to his/her employment records
during regular business hours in order to verify compliance w ith the anti-discrimination
provisions of this paragraph. Consultant shall provide such other information and records
as such repre sentatives may require in order to ve rify compliance with the anti-
di scrimination pro visions of this paragraph.
If the City finds that any of the pro visions of this paragraph have been violated , the
same shall constitute a materi a l breach of Agreement upon which City may determine to
17
Contract No. ---
cancel , terminate, or suspend this Agreement. City reserves the right to determine
independently that the anti-discrimination provisions of this Agreement have been
violated. In addition, a determination by the California Fair Employment Practices
Commission or the Federal Equal Employment Opportunity Commission that Consultant
has violated state and federal anti-discrimination laws shall constitute a finding by City
that Consultant has violated the anti-discrimination provisions of this Agreement.
The parties agree that in the event Consultant violates any of the anti-discrimination
provisions of this paragraph, City shall be entitled, at its option , to the sum of $500.00
pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling,
terminating, or suspending this Agreement.
Consultant hereby agrees that he/she will comply with Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S. C. Section 794 ), all requirements imposed
by the applicable regulations ( 45 C.F .R. ), and all guidelines and interpretations issued
pursuant thereto , to the end that no qualified handicapped person shall, on the basis of
handicap, be excluded from participation in , be denied the benefits of, or otherwise be
subjected to discrimination under any program or activity of Consultant receiving Federal
Financial Assistance. In addition, Consultant shall comply with the Uniform Federal
Accessibility Standards , and Contractor, Engineer, or Architect responsible for any design,
construction or alteration shall certify compliance with those Standards.
Consultant's attention is directed to laws , including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(1) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of
1964 , no person shall , on the grounds of race, sex, religion, color, or national origin, be
excluded from participation in , be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
(2) Section 109 of the Housing and Community Development Act of 1974.
No person in the United States shall, on the grounds of race, color, national origin, or sex,
be excluded from participation in , be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
Section 109 of the Act further provides that any prohibition against discrimination
on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or
with respect to an otherwise qualified handicapped individual as provided in Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or
activity funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of
otherwise qualified individuals with handicaps for equal participation in , and benefit from
federally assisted programs and activities, including but not limited to:
(l) Americans with Disabilities Act of 1990 (ADA) (28 CFR 35). Title II ,
Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded
activities and programs. Consultant shall also comply with the public accommodations
requirements of Title III of the ADA, as applicable.
(2) Nondiscrimination on the Basis of Handicap (24 CFR 8). These
18
Contract No. __ _
regulations, which implement Section 504 of the Rehabilitation Act of 1973 , as amended,
and as cited in Section 109 of the Housing and Community Development Act, apply to all
federally assisted activities and programs and are implemented through the regulations at
24 CFR 8.
(3) Architectural Barrier Act of 1968. Any building or facility , excluding
privately owned residential structures, designed , constructed, or altered with federal funds ,
shall comply with the Uniform Federal Accessibility Standards, 1984 ( 41 CFR 3) and the
Handicapped Accessibility Requirements of the State of California Title 24. The
. Consultant , Engineer or Architect responsible for such design , construction or alteration
shall certify compliance with the above standards.
(4) In resolving any conflict between the accessibility standards cited in
paragraphs (1), (2) and (3) above, the more stringent standard shall apply.
D 2 . NONDISCRIMINATION-Certain HUD-funded projects
Consult ant certifies and agrees that he/she wi ll not discriminate against any
employee or applicant for employment because of race, color, religion, national origin,
ancestry, sex , age , or condition or physical or mental handicap ( as defined in 41 C.F.R.
Section 60-741 , et. seq.), in accordance with requirement of state or federal law .
Consultant shall take affirmative action to ensure that qualifi e d applicants are employed
and that employees are treated during employment without regard to race , color, religion ,
national origin, ancestry , sex, age, or condition of physical or mental handicap in
accordance with requirements of state and federal law. Such shall include, but not be
limited to , the following:
A . Employment upgrading, demotion , transfer, recruitment or recruitment
advertising , layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices.
Consultant agrees to post in conspicuous places in each of Consultant's fac iliti es
providing services hereunder, available and open to employees and applicants for
emp loyment, notices setting forth the provisions of this nondiscrimination clause .
Consultant shall, in all solicitations or advertisements for emplo yees placed b y or
on behalf of Consultant, state that all qualified app li cants will receive consideration for
employment without regard to race, color, religion, national origin, ancestry , sex, age, or
condition of physical or mental handicap, in accordance with requirements of state and
federal law.
Consultant shall send to each labor union or representative of workers with which
he/she has a collective bargaining agreement or other contract or understanding a notice
advising the labor union or workers' representative of Consultant's commitments under this
paragraph.
Consultant certifies and agrees that h e/she will deal with his/her subcontractors,
bidders , or vendors without regard to race , color, religion, national origin, ancestry , sex,
age, or condition of physical or mental handicap , in accordance with requirement of state
and federal law.
In accordance with applicable state and federal law , Consultant shall allow duly
19
Contract No . ---
authorized county , state and federal representatives access to his/her employment records
during regular business hours in order to verify compliance with the anti-discrimination
provisions of this paragraph. Consultant shall provide such other infonnation and records
as such representatives may require in order to verify compliance with the anti-
discrimination provisions of this paragraph.
If the City finds that any of the provisions of this paragraph have been violated, the
same shall constitute a material breach of Agreement upon which City may determine to
cancel , terminate, or suspend this Agreement. City reserves the right to determine
independently that the anti-discrimination provisions of this Agreement have been
violated. In addition, a determination by the California Fair Employment Practices
Commission or the Federal Equal Employment Opportunity Commission that Consultant
has violated state and federal anti-discrimination laws shall constitute a finding by City
that Consultant has violated the anti-discrimination provisions of this Agreement.
The parties agree that in the event Consultant violates any of the anti-discrimination
provisions of this paragraph, City shall be entitled , at its option, to the sum of $500.00
pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling,
terminating, or suspending this Agreement.
Consultant hereby agrees that he /she will comply with Section 504 of the
Rehabilitation Act of 1973 , as amended (29 U.S.C . Section 794), all requirements imposed
b y the applicable regulations ( 45 C.F.R.), and all guidelines and interpretations issued
pursuant thereto , to the end that no qualified handicapped person shall , on the basis of
handicap , be excluded from participation in , be denied the benefits of, or otherwise be
subjected to discrimination under any program or activity of Consultant receiving Federal
Financial Assistance. In addition , Consultant shall comply with the Uniform Federal
Accessibility Standards , and Contractor, Engineer, or Architect responsible for any design ,
construction or alteration shall certify compliance with those Standards.
Consultant's attention is directed to laws , including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(1) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of
1964, no person shall , on the grounds of race , sex , religion , color , or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
(2) Section 109 of the Housing and Community Development Act of 1974.
No person in the United States shall , on the grounds of race, color, national origin, or sex ,
be excluded from participation in , be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title .
Section 109 of the Act further provides that any prohibition against discrimination
on the basis of age under the Age Discrimination Act of 1975 ( 42 U.S.C. 610 l et seq.) or
with respect to an otherwise qualified handicapped individual as provided in Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or
activity funded in whole or in part with funds made available pursuant to the Act.
B. EMPLOYMENT AND CONTRACTING OPPORTUNITIES
Section 3. The work to be performed under this Agreement is on a project assisted
under a program providing direct Federal financial assistance from the Department of
20
Contract No. __ _
Housing and Urban Development Department and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968 , as amended, 12 U .S.C . 1701 u.
Section 3 requires that to the greatest extent feasib le , opportunities for training and
emp lo yment be given to lower income residents of the area of the Section 3 covered project,
and contracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the area of the
Section 3 covered project.
The parties to this Agreement will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of the Housing and Urban
Development set forth in 24 Part CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this Agreement. The parties to this
Agreement certify and agree that they are under no contractual or other disability which
wou ld prevent them from complying with these requirements.
Consultant will send to each labor organization or representative of workers with
which he/she has a collective bargaining agreement or other contract or understanding , if
any, a notice advising the said labor organization or workers' representative of his/her
commitments under this Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or training.
Consultant will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of
Federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in vio lation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR Part 135. Consultant will not subcontract with
any subcontractor where he/she has notice or knowledge that the latter has been found in
violation ofregulations under 24 CFR part 135 and will not let any subcontract unless the
subcontractor has first provided him/her with a preliminary statement of ability to comply
with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of the Department issued thereunder prior to
the execution of the Agreement, is a condition of the Federal financial assistance provided
to the project, binding upon the applicant or recipient, his/her contractors and
subcontractors , his/her successors and assigns , to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is provided, and to such
sanctions as are specified by 24 CFR Part 135.
C. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DIS ABILITIES
This Agreement is subject to laws and regulations concerning the rights of
otherwise qualified individuals with handicaps for equal participation in, and benefit from
federally assisted programs and activities including but not limited to:
(1) Americans with Disabilities Act of 1990 (ADA) (28 CFR 35). Title II ,
Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded
activities and programs. Consultant shall also comply with the public accommodations
requirements of Title III of the ADA, as applicable.
(2) Nondiscrimination on the Basis of Handicap (24 CFR 8). These
regulations , which implement Section 504 of the Rehabilitation Act of 1973 , as amended ,
and as cited in Section l 09 of the Housing and Community Development Act, apply to all
federally assisted activities and programs and are implemented through the regulations at
21
Contract No. ---
24 CFR 8.
(3) Architectural Barrier Act of 1968 . Any building or facility, excluding
privately owned residential structures , designed , constructed , or altered with federal funds ,
shall comply with the Uniform Federal Accessibility Standards , 1984 ( 41 CFR 3) and the
Handicapped Accessibility Requirements of the State of California Title 24. The
Consultant, Engineer or Architect responsible for such design , construction or alteration
shall certify compliance with the above standards.
( 4) In resolving any conflict between the accessibility standards cited in
paragraphs (1), (2) and (3) above, the more stringent standard shall apply.
0 RESTRICTIONS ON LOBBYING
This Agreement is subject to 24 CFR 87 which prohibits the payment of Federal funds to
any person for influencing or attempting to influence , any public officer or employee in connection
w ith the award, making, entering into , extension, continuation, renewal , amendment , or
modification of any Federal contract, grant , loan, or agreement.
D UTILITIES
Consultant shall pay all charges for fuel , gas , water, electricity, telephone services and any
other utilities necessary to carry on the operations of Consultant.
0 NUISANCE
Consultant shall not maintain , commit, or permit the maintenance or commission of any
nuisance in connection with the performance of services under this Agreement.
0 SAFETY REQUIREMENT
All work performed under this Agreement shall be performed in such a manner as to
provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA.
City reserves the right to issue restraints or cease and desist orders to Consultant when unsafe or
harmful acts or conditions are observed or reported relative to the performance of the work under
this Agreement.
Consultant shall maintain the work sites free of hazards to persons and/or property resulting
from his or her operations. Any hazardous condition noted by Consultant, which is not a result of
his or her operations, shall immediately be reported to City.
0 HOURS OF OPERATION
Consultant shall be allowed to operate only for the hours of 8:00 A.M. to 5:00 P.M . unless
prior written approval has been secured from City to do otherwise.
22